Family Law Act 1975 Past Paper PDF

**Family law** -------------- **FAMILY LAW ACT 1975 - SECT 60I** Object of this section (1)  The object of this section is to ensure that all persons who have a dispute about matters that may be [dealt with](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s90a.html) ...

**Family law** -------------- **FAMILY LAW ACT 1975 - SECT 60I** Object of this section (1)  The object of this section is to ensure that all persons who have a dispute about matters that may be [dealt with](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s90a.html) by an order under this Part (a ***Part   VII order ***) make a genuine effort to resolve that dispute by [family dispute resolution](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s4.html) before the Part VII order is applied for. ***\"family dispute resolution\" ***has the meaning given by section [10F.](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [**FAMILY LAW ACT 1975 - SECT 10F**](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [**Definition of family dispute resolution**](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [***Family dispute resolution ***is a process (other than a judicial process):](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [(a)  in which a family dispute resolution practitioner:](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [(i)  helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other; or](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [(ii)  helps persons who may apply for a parenting order under section   65C to resolve some or all of their disputes with each other relating to the care of children; and](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html) [ ](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s10f.html)(b)  in which the practitioner is independent of all of the parties involved in the process. \"family dispute resolution practitioner\" has the meaning given by section    10G. FAMILY LAW ACT 1975 - SECT 10G Definition of family dispute resolution practitioner (1)  A family dispute resolution practitioner is: (a)  a person who is accredited as a family dispute resolution practitioner under the Accreditation Rules; or (b)  a person who is authorised to act on behalf of an organisation designated by the Minister for the purposes of this paragraph; or (c)  a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family dispute resolution practitioner; or (da)  a person who is engaged under subsection   18ZI(2) of the Federal Court of Australia Act 1976 as a family dispute resolution practitioner; or (e)  a person who is authorised by a Family Court of a State to act as a family dispute resolution practitioner. Exception Section 60I (9)  a.  the application is made by consent or in response to another Part VII application; or b. abuse of a child or parties/risk of abuse if there was delay in applying for the order/family violence/risk of family violence by a party; or c. application relates to an issue the subject of an order in the past 12 months/a contravention/there are reasonable grounds to believe that; or d. application is urgent; or e.  party unable to participate due to incapacity; or f.  other circumstances specified in the regulations are satisfied. **FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 - REG 5** **Criteria for accreditation relating to qualifications and competencies** - Person holding or entitled to a Vocational Graduate Diploma of Family Dispute Resolution - Person holding certified postgraduate award - Person holding appropriate qualifications or mediation accreditation AND who has been assessed as competent or completes postgraduate units Much of the work in this space is not conducted by lawyers - Private - FRCs models - Advantages -- wrap around services - Options and outcomes - \% of population separating - \% of population not engaging lawyers - Implications for courts and legal practice **Family relationship centers** - Private - FRCs models - Advantages -- wrap around services - Options and outcomes - \% of population separating - \% of population not engaging lawyers - Implications for courts and legal practice **Restorative Justice Conferencing** ------------------------------------ Firmly grounded in therapeutic jurisprudence -- internationally recognised A carefully convened, confidential, voluntary "mediation" provided by State Justice Departments Participants are the victims of crime ("person harmed") and the perpetrator ("the person responsible for the harm") Designed to enable discussions of the victim's experience and the perpetrators responsibility/ies Empowers parties to be part of the resolution process (offence has already been dealt with) - Most frequently used where offences involve stealing, assault, fraud, wilful damage or unlawful use of a motor vehicle (Magistrate's Court): - Participants: - the" convenor", accredited mediator appointed under the *Dispute Resolution Centres Act 1990* - the "parties" support people victim's families or legal representatives, community support personnel, counsellors, elders those affected by the crime can: - tell their story (cf prove the offence) - talk about how the behaviour has affected them - ask questions of the person responsible and/or their family - mitigate fears of future harm - secure an apology/recognition/insight from the person responsible - make an agreement about how to repair that harm - move towards closure Face to face or shuttle -- direct discussions or via convenor Preparation is key. Convenor: - meets with all parties separately (also discusses support people and attendance options) - satisfies themselves no harm will be caused - prepares the parties for the conference -- and potential outcomes being sought (apology/payment for "damages"/out of pocket expenses, counselling attendance, promises/informal undertakings) May result in a written agreement -- a non-binding *Restorative Justice Plan* (can be provided to referring agency with consent) Benefits of restorative justice conferencing for victims include a sense of justice and safety, increased ability to move forward with life, and an active role in the outcome and process. Most victims would recommend the process of restorative justice conferencing to other victims. Benefits of restorative justice conferencing for parties responsible are the opportunity to take responsibility, to reconsider their life's direction, gain insight into the impact of their behaviour, face the damage they caused, provide restation to victims and reparation of disappointment from family and relationships. ### Youth Justice Conferencing If child admits to offence/act of violence or attempt to commit (resulting in the death of or injury to a person), police can refer as alternative to court. B&E, fraud and extortion are excluded Victim need not agree to attend If child does not attend/comply with agreement, police action/court proceedings may follow Any agreements reduced to writing -- if a graffiti offence, agreement must include unpaid clean up work -- failure to comply with agreement is referred to police