Family disputes and restorative justice conferencing
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Questions and Answers

Which of the following is NOT typically a potential outcome discussed during preparation for a restorative justice conference?

  • An apology from the responsible party
  • Mandatory jail time (correct)
  • Payment for damages or out-of-pocket expenses
  • Promises or informal undertakings between parties
  • A Restorative Justice Plan created after a conference is legally binding.

    False (B)

    What is a key benefit for victims who participate in restorative justice conferencing?

    An active role in the outcome and process

    In youth justice conferencing, if a child commits a graffiti offence, agreement may include ______ work.

    <p>unpaid clean up</p> Signup and view all the answers

    Match the parties in the restorative justice process with their roles:

    <p>Convenor = Facilitates meetings between victims and the responsible party Victim = The person harmed by the actions Responsible person = The person who committed the harm or offence</p> Signup and view all the answers

    Which of the following is NOT a way a person can be considered a family dispute resolution practitioner?

    <p>Being a lawyer in family law for 5 years. (A)</p> Signup and view all the answers

    An application for a court order is always required to go through family dispute resolution before being filed with the court.

    <p>False (B)</p> Signup and view all the answers

    What is the primary object of Section 60I of the Family Law Act 1975?

    <p>To encourage parties to resolve disputes through family dispute resolution before applying for a Part VII order. (D)</p> Signup and view all the answers

    If there has been a court order in the past 12 months, what would that mean for the family dispute resolution requirement?

    <p>It would be an exception to the requirement to attend family dispute resolution.</p> Signup and view all the answers

    If a party is unable to participate in family dispute resolution due to a physical or mental condition, it is an ______ to the requirement for family dispute resolution.

    <p>exception</p> Signup and view all the answers

    Family dispute resolution is a judicial process.

    <p>False (B)</p> Signup and view all the answers

    According to the Family Law Act, what is the role of a family dispute resolution practitioner?

    <p>To help parties resolve disputes related to separation, divorce, or care of children.</p> Signup and view all the answers

    Match the following exceptions of section 60I with their descriptions:

    <p>Consent Application = Application made with the agreement of both parties. Urgent Application = Application needing immediate court intervention. Risk of Abuse = Application concerning potential harm towards a child or party. Party Incapacity = Application where a party cannot participate due to impairment.</p> Signup and view all the answers

    A Part VII order is applied for when efforts to resolve a dispute through family dispute resolution have been

    <p>unsuccessful</p> Signup and view all the answers

    Match the terms with their descriptions:

    <p>Part VII order = An order made under the relevant part of the Family Law Act. Family dispute resolution practitioner = An independent person who helps parties resolve disputes. Family dispute resolution = A non-judicial process for resolving family disputes.</p> Signup and view all the answers

    Under s 10F, what is a key requirement for a family dispute resolution practitioner?

    <p>They must be independent of all parties involved. (D)</p> Signup and view all the answers

    Family dispute resolution only involves disputes about children.

    <p>False (B)</p> Signup and view all the answers

    What is the purpose of section 10F of the Act related to family dispute resolution?

    <p>To define and explain what constitutes family dispute resolution.</p> Signup and view all the answers

    Which of the following is NOT a common characteristic of Family Relationship Centres (FRCs)?

    <p>Focusing exclusively on legal representation (A)</p> Signup and view all the answers

    Restorative Justice Conferencing is a compulsory process mandated by the courts before sentencing.

    <p>False (B)</p> Signup and view all the answers

    According to the regulations, what is one of the qualifications or competencies that an individual can possess to conduct family dispute resolution?

    <p>A Vocational Graduate Diploma of Family Dispute Resolution</p> Signup and view all the answers

    Match the following roles in Restorative Justice Conferencing with their descriptions:

    <p>Convenor = An accredited mediator appointed under the Dispute Resolution Centres Act 1990. Person harmed = The victim of a crime. Person responsible for harm = The perpetrator of the crime. Support people = Individuals who help the parties such as family or counselors</p> Signup and view all the answers

    According to the regulations, what is a common characteristic for those that provide services in this field?

    <p>Much of the work is not conducted by lawyers (A)</p> Signup and view all the answers

    In Restorative Justice Conferencing participants are limited to the victim, the perpetrator, and the convenor.

    <p>False (B)</p> Signup and view all the answers

    What is the aim of the discussions held during Restorative Justice Conferencing?

    <p>To discuss the victim's experience and the perpetrator's responsibilities.</p> Signup and view all the answers

    Which type of case is restorative justice conferencing not typically used for?

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    What type of jurisprudence is restorative justice conferencing grounded in?

    <p>Therapeutic jurisprudence</p> Signup and view all the answers

    What ways does a Convenor use to prepare for restorative justice conferencing?

    Signup and view all the answers

    What is the potential consequence of a child not complying with a youth justice conferencing agreement?

    <p>police action or court proceedings</p> Signup and view all the answers

    Flashcards

    Family Dispute Resolution Practitioner

    A person legally qualified to help families resolve disputes outside of court.

    Accredited Family Dispute Resolution Practitioner

    A person accredited by a recognized body to practice family dispute resolution.

    Authorized Family Dispute Resolution Practitioner

    A person authorized by the Minister to act on behalf of a designated organization.

    Federal Circuit and Family Court Authorized Practitioner

    A person authorized by the Federal Circuit and Family Court of Australia Act 2021 to practice family dispute resolution.

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    State Court Authorized Family Dispute Resolution Practitioner

    A person authorized by a Family Court of a State to act as a Family Dispute Resolution Practitioner.

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    What is the object of section 60I of the Family Law Act 1975?

    The goal is to make sure anyone with a dispute related to Part VII orders tries to resolve it through family dispute resolution before going to court.

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    What is Family Dispute Resolution (FDR)?

    A process (not a court case) where a trained professional helps people resolve disputes stemming from separation or divorce.

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    What is a Part VII order?

    This refers to any order made under Part VII of the Family Law Act 1975, typically related to things like property settlements and spousal maintenance.

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    Who is a Family Dispute Resolution Practitioner?

    Someone trained to help people resolve disputes related to separation, divorce, or parenting orders.

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    What is FDR related to parenting orders?

    A specific type of FDR that focuses on helping separated parents resolve disputes about the care of their children.

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    What is a parenting order?

    An order from the court that outlines how parents should share the care of their children after a separation.

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    What is meant by a practitioner being 'independent' in FDR?

    The Family Dispute Resolution Practitioner must be impartial—they cannot favor one party over the other.

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    What is the goal of FDR?

    The process aims to help as many people affected by separation or divorce as possible to reach agreements, addressing some or all of their issues.

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    Restorative Justice Conferencing

    A formal process where a qualified mediator helps parties who have been affected by a crime to discuss the impact of the crime and reach a resolution.

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    Person Harmed

    The victim of the crime, who is given a voice to share their experience and discuss how they were affected by the crime.

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    Person Responsible for the Harm

    The person responsible for the crime, who takes accountability for their actions and participates in finding solutions.

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    Convenor

    A neutral and trained mediator who facilitates the conversation between the 'person harmed' and the 'person responsible' in a Restorative Justice Conference.

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    Face-to-Face Conferencing

    A method where participants speak directly to each other during a Restorative Justice Conference, creating a more direct and impactful discussion.

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    Shuttle Conferencing

    A method where participants communicate indirectly, with the convenor acting as a messenger, during a Restorative Justice Conference.

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    Preparation

    A key step in Restorative Justice Conferencing, involving careful preparation for the dialogue and ensuring all participants are ready to engage.

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    Therapeutic Jurisprudence

    A legal philosophy focusing on the healing and restoration of those impacted by crime, emphasizing the needs of victims and the role of community in addressing the harm.

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    Restorative Justice Plan

    A written plan outlining the agreed-upon actions and outcomes of a Restorative Justice Conference.

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    Youth Justice Conferencing

    A type of Restorative Justice Conference specifically for young people who admit to committing or attempting to commit an act of violence. It provides an alternative to court proceedings.

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    Written Agreements in Youth Justice Conferencing

    Any agreement made during a Youth Justice Conference must be documented in writing. This includes a requirement for community service if graffiti is involved.

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    Study Notes

    Family Law Act 1975 - Section 601

    • Aims to ensure people involved in disputes about matters that can be addressed in a Part VII order (e.g. family matters) try to resolve the dispute through family dispute resolution before seeking a court order.
    • "Family dispute resolution" is defined in section 10F as a process (excluding court) where a family dispute resolution practitioner helps those affected by separation/divorce or parenting orders resolve their disputes.

    Section 10F - Definition of Family Dispute Resolution

    • Focuses on processes where a practitioner helps parties settle disputes independent of the involved parties.
    • Covers disputes related to separation/divorce where practitioner helps affected parties resolve differences.
    • Also applies to situations involving disputes about parenting orders between relevant individuals.

    Section 10G - Definition of Family Dispute Resolution Practitioner

    • Defines who can act as a family dispute resolution practitioner.
    • Practitioner can be:
      • Accredited under relevant rules
      • Authorized by an organization designated by the Minister
      • Authorized under specific sections of Federal Circuit and Family Court of Australia Act 2021 or Federal Court of Australia Act 1976
      • Authorized by a state's Family Court

    Exception to Section 601 (9)

    • Consent-based applications are exempt:
      • Agreement made by consent
      • Response to another Part VII application.
    • Applications made due to urgent circumstances:
      • Child abuse or violence concerns.
      • Family violence present.
      • Previous orders/ongoing contraventions.
      • Urgent need for immediate action.
      • Incapacitated party, etc.
      • Other exceptions outlined in regulations are met.

    Family Law (Family Dispute Resolution Practitioners) Regulations 2008 - Regulation 5

    • Criteria for accreditation:
      • Holding or entitlement to a Vocational Graduate Diploma of Family Dispute Resolution.

    Restorative Justice Conferencing

    • Internationally recognised therapeutic jurisprudence approach.
    • Conducted by State Justice Departments.
    • Involves victims ("person harmed") and perpetrators ("person responsible") in confidential, voluntary mediation to discuss the impact of the harm/crime.
    • Discussion aims at enabling a deeper understanding of the harm experience from the victims perspective and the responsibilities /ies of the perpetrator(s).

    Youth Justice Conferencing

    • Alternative to court for certain youth offences (like violence, injury, potentially death; excluding fraud and certain other offences).
    • Involves an offender admitting responsibility.
    • Can include discussions of harm and victim/family impact.
    • Potential agreements include apologies, restitution, and community service.

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    Description

    This quiz covers key sections of the Family Law Act 1975, focusing on the processes involved in family dispute resolution. It examines the definitions of family dispute resolution and practitioners as outlined in Sections 10F and 10G. Test your understanding of these essential aspects of family law.

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