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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?
Which of the following is NOT typically a potential outcome discussed during preparation for a restorative justice conference?
A Restorative Justice Plan created after a conference is legally binding.
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?
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.
In youth justice conferencing, if a child commits a graffiti offence, agreement may include ______ work.
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Match the parties in the restorative justice process with their roles:
Match the parties in the restorative justice process with their roles:
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Which of the following is NOT a way a person can be considered a family dispute resolution practitioner?
Which of the following is NOT a way a person can be considered a family dispute resolution practitioner?
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An application for a court order is always required to go through family dispute resolution before being filed with the court.
An application for a court order is always required to go through family dispute resolution before being filed with the court.
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What is the primary object of Section 60I of the Family Law Act 1975?
What is the primary object of Section 60I of the Family Law Act 1975?
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If there has been a court order in the past 12 months, what would that mean for the family dispute resolution requirement?
If there has been a court order in the past 12 months, what would that mean for the family dispute resolution requirement?
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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.
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.
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Family dispute resolution is a judicial process.
Family dispute resolution is a judicial process.
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According to the Family Law Act, what is the role of a family dispute resolution practitioner?
According to the Family Law Act, what is the role of a family dispute resolution practitioner?
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Match the following exceptions of section 60I with their descriptions:
Match the following exceptions of section 60I with their descriptions:
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A Part VII order is applied for when efforts to resolve a dispute through family dispute resolution have been
A Part VII order is applied for when efforts to resolve a dispute through family dispute resolution have been
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Match the terms with their descriptions:
Match the terms with their descriptions:
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Under s 10F, what is a key requirement for a family dispute resolution practitioner?
Under s 10F, what is a key requirement for a family dispute resolution practitioner?
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Family dispute resolution only involves disputes about children.
Family dispute resolution only involves disputes about children.
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What is the purpose of section 10F of the Act related to family dispute resolution?
What is the purpose of section 10F of the Act related to family dispute resolution?
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Which of the following is NOT a common characteristic of Family Relationship Centres (FRCs)?
Which of the following is NOT a common characteristic of Family Relationship Centres (FRCs)?
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Restorative Justice Conferencing is a compulsory process mandated by the courts before sentencing.
Restorative Justice Conferencing is a compulsory process mandated by the courts before sentencing.
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According to the regulations, what is one of the qualifications or competencies that an individual can possess to conduct family dispute resolution?
According to the regulations, what is one of the qualifications or competencies that an individual can possess to conduct family dispute resolution?
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Match the following roles in Restorative Justice Conferencing with their descriptions:
Match the following roles in Restorative Justice Conferencing with their descriptions:
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According to the regulations, what is a common characteristic for those that provide services in this field?
According to the regulations, what is a common characteristic for those that provide services in this field?
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In Restorative Justice Conferencing participants are limited to the victim, the perpetrator, and the convenor.
In Restorative Justice Conferencing participants are limited to the victim, the perpetrator, and the convenor.
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What is the aim of the discussions held during Restorative Justice Conferencing?
What is the aim of the discussions held during Restorative Justice Conferencing?
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Which type of case is restorative justice conferencing not typically used for?
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?
What type of jurisprudence is restorative justice conferencing grounded in?
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What ways does a Convenor use to prepare for restorative justice conferencing?
What ways does a Convenor use to prepare for restorative justice conferencing?
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What is the potential consequence of a child not complying with a youth justice conferencing agreement?
What is the potential consequence of a child not complying with a youth justice conferencing agreement?
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Flashcards
Family Dispute Resolution Practitioner
Family Dispute Resolution Practitioner
A person legally qualified to help families resolve disputes outside of court.
Accredited Family Dispute Resolution Practitioner
Accredited Family Dispute Resolution Practitioner
A person accredited by a recognized body to practice family dispute resolution.
Authorized Family Dispute Resolution Practitioner
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
Federal Circuit and Family Court Authorized Practitioner
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State Court Authorized Family Dispute Resolution Practitioner
State Court Authorized Family Dispute Resolution Practitioner
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What is the object of section 60I of the Family Law Act 1975?
What is the object of section 60I of the Family Law Act 1975?
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What is Family Dispute Resolution (FDR)?
What is Family Dispute Resolution (FDR)?
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What is a Part VII order?
What is a Part VII order?
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Who is a Family Dispute Resolution Practitioner?
Who is a Family Dispute Resolution Practitioner?
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What is FDR related to parenting orders?
What is FDR related to parenting orders?
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What is a parenting order?
What is a parenting order?
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What is meant by a practitioner being 'independent' in FDR?
What is meant by a practitioner being 'independent' in FDR?
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What is the goal of FDR?
What is the goal of FDR?
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Restorative Justice Conferencing
Restorative Justice Conferencing
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Person Harmed
Person Harmed
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Person Responsible for the Harm
Person Responsible for the Harm
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Convenor
Convenor
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Face-to-Face Conferencing
Face-to-Face Conferencing
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Shuttle Conferencing
Shuttle Conferencing
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Preparation
Preparation
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Therapeutic Jurisprudence
Therapeutic Jurisprudence
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Restorative Justice Plan
Restorative Justice Plan
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Youth Justice Conferencing
Youth Justice Conferencing
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Written Agreements in Youth Justice Conferencing
Written Agreements in Youth Justice Conferencing
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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.