FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 9 Repeal of section 16A and substitution of new sections

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 9

9. Section 16A of the Principal Act is repealed and the following sections are
substituted: Courts to direct or advise people to attend counselling

"16A.(1) If a court makes an order or grants an injunction under section 114,
the court must, if the court considers that it is in the interests of the
parties or their children to do so, direct or advise either or both of the
parties to attend upon a family and child counsellor.

"(2) Failure to comply with a direction or advice referred to in subsection
(1) does not constitute a contempt of the court. Courts may advise people to
attend counselling if it may improve their relationship etc.

"16B.(1) If a court having jurisdiction under this Act considers that
counselling may assist the parties to a marriage to improve their relationship
to each other or to any of their children, it may advise the parties to attend
upon a family and child counsellor or an approved counselling organisation.

"(2) If the court does so advise the parties, it may, if it considers it
desirable to do so, adjourn any proceedings before it to enable attendance at
counselling. Obligations to consider advising people about counselling for
marital breakdown

"16C.(1) In this section, counselling for marital breakdown is counselling to
assist the parties to a marriage and their children to adjust to the
consequences of marital breakdown.

"(2) A court exercising jurisdiction in proceedings under this Act, other than
Part VII, must consider whether or not to advise parties to the proceedings
about counselling for marital breakdown available through courts exercising
jurisdiction under this Act and through approved counselling organisations.

"(3) A legal practitioner acting in proceedings under this Act, other than
Part VII, 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 counselling for marital
breakdown available through courts exercising jurisdiction under this Act and
through approved counselling organisations.".