FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 7 Repeal of section 14 and substitution of new sections and headings

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 7

7. Section 14 of the Principal Act is repealed and the following sections and
headings are substituted:
                  "Division 1 - Object and outline
Object of Part

"14. The object of this Part is:

   (a)  to encourage people to use primary dispute resolution mechanisms (such
        as counselling, mediation, arbitration or other means of conciliation
        or reconciliation) to resolve matters in which a court order might
        otherwise be made under this Act, provided the mechanisms are
        appropriate in the circumstances and proper procedures are followed;
        and

   (b)  to ensure that people have access to counselling:

        (i)    to improve relationships covered by this Act; and

        (ii)   to help them adjust to court orders under this Act.

Outline of Part

"14A. An outline of this Part is set out below.
OUTLINE OF PART
Item          Divisions and coverage

1             Division 1 - Object and outline

. object of this Part
. outline of this Part
2             Division 2 - Obligations to consider the possibility of

reconciliation
. duty of judges and of legal practitioners to consider
the possibility of a reconciliation of the parties
3             Division 3 - Obligations to consider advising people

about primary dispute resolution methods
. duty of courts and of legal practitioners to consider
advising people about primary dispute resolution
methods
4             Division 4 - Counselling

. parties to a marriage seeking counselling
. courts advising or directing people to attend
counselling
. other matters related to counselling
5             Division 5 - Mediation and arbitration

. requests for mediation and courts advising or directing
parties to attend mediation
. private arbitration, courts referring proceedings to
arbitration and review of awards of arbitration
. provision of information about mediation and
arbitration services and other matters relating to
mediators and arbitrators
6             Division 6 - Miscellaneous

. miscellaneous matters



"Division 2 - Obligations to consider the possibility
of reconciliation Interpretation

"14B. In this Division:
'Division 2 proceedings' means:

   (a)  proceedings for a dissolution of marriage; or

   (b)  financial or Part VII proceedings instituted by a party to a
        subsisting marriage;
'judge' includes a magistrate, Judicial Registrar or Registrar.

Duty of judges

"14C.(1) A judge constituting the court in which Division 2 proceedings are
being heard must consider, from time to time, the possibility of a
reconciliation of the parties.

"(2) If, during the proceedings, the judge considers, from the evidence in the
proceedings or the attitude of the parties, that there is a reasonable
possibility of a reconciliation of the parties, the judge may:

   (a)  adjourn the proceedings to give the parties the opportunity to
        consider a reconciliation; or

   (b)  with the consent of the parties, interview them in chambers, with or
        without counsel, as the judge thinks proper, to assist in a possible
        reconciliation.

"(3) If the judge adjourns the proceedings under paragraph (2)(a), the judge
may advise the parties:

   (a)  to make use of the services of a family and child counsellor to assist
        in a possible reconciliation; or

   (b)  to request the Principal Director of Court Counselling of the Family
        Court, or an appropriate officer of a Family Court of a State, to
        nominate some other suitable person or organisation to assist in
        considering a possible reconciliation.

"(4) If, after an adjournment under subsection (2), either of the parties
requests that the proceedings resume, the judge must resume the proceedings as
soon as practicable.

Duty of legal practitioners

"14D. A legal practitioner representing a party to Division 2 proceedings must
consider, from time to time, the possibility of a reconciliation of the
parties.



"Division 3 - Obligations to consider advising people about
primary dispute resolution methods Interpretation

"14E. In this Division:
'primary dispute resolution methods' means procedures and services for the
resolution of disputes out of court, including:

   (a)  counselling services provided by family and child counsellors; and

   (b)  mediation services provided by family and child mediators; and

   (c)  arbitration services provided by approved arbitrators. Duty of courts

"14F. A court exercising jurisdiction in proceedings under this Act must
consider whether or not to advise the parties to the proceedings about the
primary dispute resolution methods that could be used to resolve any matter in
dispute. Duty of legal practitioners

"14G. A legal practitioner acting in proceedings under this Act, or consulted
by a person considering instituting such proceedings, must consider whether or
not to advise the parties to the proceedings, or the person considering
instituting proceedings, about the primary dispute resolution methods that
could be used to resolve any matter in dispute.



"Division 4 - Counselling Division 3 of Part VII deals with counselling in
matters affecting children

"14H. Division 3 of Part VII contains provisions that deal with counselling in
matters affecting children.".