Commonwealth Numbered Acts

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 5

5. Part II of the Principal Act is repealed and the following Part is
substituted:

"PART II - COUNSELLING ORGANISATIONS AND MEDIATION ORGANISATIONS

"Division 1 - What this Part does What this Part does

"11. This Part provides for:

   (a)  the approval of counselling organisations and mediation organisations
        (Division 2); and

   (b)  reporting by approved counselling organisations and approved mediation
        organisations (Division 3); and

   (c)  funding of approved counselling organisations and approved mediation
        organisations (Division 4).

"Division 2 - Approval of counselling organisations and
mediation organisations
Meaning of "approved counselling organisation" and "approved mediation
organisation"

"12.(1) An approved counselling organisation is an organisation in relation to
which an approval under section 13A is in force.

"(2) An approved mediation organisation is an organisation in relation to
which an approval under section 13B is in force.

Organisation may be approved as an approved counselling organisation, an
approved mediation organisation or both

"13. Subject to sections 13A and 13B, an organisation may be approved as:

   (a)  an approved counselling organisation; or

   (b)  an approved mediation organisation; or

   (c)  both an approved counselling organisation and an approved mediation
        organisation.

Approval of counselling organisations

"13A.(1) A voluntary organisation may apply to the Minister for approval as a
counselling organisation.

"(2) The Minister may, in writing, approve the organisation as a counselling
organisation if, and only if, the Minister is satisfied that:

   (a)  the organisation is willing and able to engage in family and child
        counselling; and

   (b)  the whole, or a substantial part, of the organisation's activities
        consist, or will consist, of family and child counselling.

"(3) If the Minister decides to refuse to approve the organisation, the
Minister must give written notice of that decision to the organisation.

Approval of mediation organisations

"13B.(1) A voluntary organisation may apply to the Minister for approval as a
mediation organisation.

"(2) The Minister may, in writing, approve the organisation as a mediation
organisation if, and only if, the Minister is satisfied that:

   (a)  the organisation is willing and able to engage in family and child
        mediation; and

   (b)  the whole, or a substantial part, of the organisation's activities
        consist, or will consist, of family and child mediation.

"(3) If the Minister decides to refuse to approve the organisation, the
Minister must give written notice of that decision to the organisation.

Approvals subject to conditions

"13C.(1) An approval under section 13A is subject to such conditions (if any)
as are specified in the instrument of approval.

"(2) An approval under section 13B is subject to:

   (a)  a condition that the organisation must comply with the requirements of
        the regulations when it engages in family and child mediation; and

   (b)  such other conditions (if any) as are specified in the instrument of
        approval.

"(3) If an approval is subject to conditions specified in the instrument of
approval, the Minister may, from time to time, revoke or vary all or any of
those conditions or add further conditions.

"(4) The Minister's power to revoke, vary or add conditions must be exercised
by notice in writing to the organisation concerned.

Revocation of approvals

"13D.(1) The Minister may, at any time, revoke the approval of an organisation
under section 13A if:

   (a)  the organisation has failed to comply with a condition of the
        approval; or

   (b)  the organisation has failed to comply with its obligations as an
        approved counselling organisation under section 13F; or

   (c)  a person authorised by the organisation to offer family and child
        counselling on behalf of the organisation has failed to comply with a
        requirement of this Act or a direction made by a court under this Act;
        or

   (d)  the Minister is no longer satisfied as mentioned in paragraph
        13A(2)(b) in relation to the organisation; or

   (e)  the Minister is satisfied that the organisation is not adequately
        carrying out family and child counselling.

"(2) The Minister may, at any time, revoke the approval of an organisation
under section 13B if:

   (a)  the organisation has failed to comply with a condition of the
        approval; or

   (b)  the organisation has failed to comply with its obligations as an
        approved mediation organisation under section 13F; or

   (c)  a person authorised by the organisation to offer family and child
        mediation on behalf of the organisation has failed to comply with a
        requirement of this Act or a direction made by a court under this Act;
        or

   (d)  the Minister is no longer satisfied as mentioned in paragraph
        13B(2)(b) in relation to the organisation; or

   (e)  the Minister is satisfied that the organisation is not adequately
        carrying out family and child mediation.

"(3) The Minister's power to revoke an approval must be exercised by notice in
writing to the organisation concerned. Minister to publish lists of approved
counselling organisations and approved mediation organisations

"13E. The Minister must publish annually, in such manner as the Minister
thinks appropriate:

   (a)  a list of all approved counselling organisations; and

   (b)  a list of all approved mediation organisations.



"Division 3 - Reporting by approved counselling
organisations and approved mediation organisations Reports and financial
statements of approved organisations

"13F.(1) An approved counselling organisation must, in respect of each
financial year, give the Minister:

   (a)  an audited financial statement of the receipts and payments of the
        organisation, in which receipts and payments in respect of its family
        and child counselling activities are shown separately from other
        receipts and payments; and

   (b)  a report on its family and child counselling activities, including
        information about the number of cases dealt with by the organisation
        during the year.

"(2) An approved mediation organisation must, in respect of each financial
year, give the Minister:

   (a)  an audited financial statement of the receipts and payments of the
        organisation, in which receipts and payments in respect of its family
        and child mediation activities are shown separately from other
        receipts and payments; and

   (b)  a report on its family and child mediation activities, including
        information about the number of cases dealt with by the organisation
        during the year.

"(3) A report under subsection (1) or (2) in relation to a financial year must
be given to the Minister by 30 September in the next financial year. Minister
may exempt organisation from requirements of section 13F

"13G.(1) The Minister may, in writing, exempt an organisation from complying
with some or all of the requirements of section 13F if the Minister is
satisfied that:

   (a)  it would be impracticable for the organisation to comply with those
        requirements; or

   (b)  it would be unduly onerous to require the organisation to comply with
        those requirements.

"(2) An exemption under subsection (1) has effect accordingly.



"Division 4 - Funding of approved counselling organisations
and approved mediation organisations Grants to approved counselling
organisations and approved mediation organisations

"13H.(1) The Minister may, from time to time, out of money appropriated by the
Parliament for the purposes of this Part, grant to an approved counselling
organisation or an approved mediation organisation such sums by way of
financial assistance as the Minister determines.

"(2) A grant may be made on terms and conditions (if any) that the Minister
thinks appropriate.".