Family Law Amendment (Shared Parental Responsibility) Act 2006 (46 of 2006)

Schedule 4   Changes to dispute resolution

Part 3   Changes to dispute resolution

Federal Magistrates Act 1999

106   After Division 1 of Part 7

Insert:

Division 1A - Administration of Federal Magistrates Court's family services

93A Chief Executive Officer has functions of family consultants

(1) The Chief Executive Officer has all of the functions conferred on family consultants by section 11A of the Family Law Act 1975, and any associated powers and duties.

(2) Without limiting subsection (1), sections 11C (admissibility of communications with family consultants) and 11D (immunity of family consultants) of that Act apply to the Chief Executive Officer while the Chief Executive Officer is performing the functions of a family consultant.

(3) The Chief Executive Officer is responsible for administering the functions of family consultants appointed by the Chief Executive Officer.

93B Chief Executive Officer may delegate powers and functions that relate to family consultants

(1) The Chief Executive Officer may, in writing, delegate to a family consultant any of the Chief Executive Officer's powers, functions and duties in relation to the functions of family consultants mentioned in section 11A of the Family Law Act 1975.

(2) A delegate is, in the exercise of a delegated power, function or duty, subject to the directions of the Chief Executive Officer.

93C Chief Executive Officer may give directions that relate to family services functions

The Chief Executive Officer may give directions that relate to:

(a) a Court officer's functions as a family consultant; or

(b) a Court officer's or staff member's functions as a family counsellor or family dispute resolution practitioner.

93D Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner

(1) The Chief Executive Officer may authorise an officer or staff member of the Family Court to provide family counselling under Family Law Act 1975.

(2) The Chief Executive Officer may authorise an officer or staff member of the Federal Magistrates Court to provide family dispute resolution under the Family Law Act 1975.

(3) If an officer who is a family consultant also becomes a family counsellor, or family dispute resolution practitioner, because of an authorisation under this section:

(a) section 11C of the Family Law Act 1975 (admissibility of communications with family consultants) does not apply to the officer at any time while the officer is acting as a family counsellor or family dispute resolution practitioner; and

(b) the officer must not perform the functions of a family consultant in relation to particular proceedings, if the officer has conducted family counselling or family dispute resolution with a party to those proceedings.