Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (189 of 2011)

Schedule 1   Amendments relating to family violence

Part 1   Amendments

Family Law Act 1975

22   After Subdivision BA of Division 1 of Part VII

Insert:

Subdivision BB - Best interests of the child: adviser's obligations

60D Adviser's obligations in relation to best interests of the child

(1) If an adviser gives advice or assistance to a person about matters concerning a child and this Part, the adviser must:

(a) inform the person that the person should regard the best interests of the child as the paramount consideration; and

(b) encourage the person to act on the basis that the child's best interests are best met:

(i) by the child having a meaningful relationship with both of the child's parents; and

(ii) by the child being protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and

(iii) in applying the considerations set out in subparagraphs (i) and (ii) - by giving greater weight to the consideration set out in subparagraph (ii).

(2) In this section:

adviser means a person who is:

(a) a legal practitioner; or

(b) a family counsellor; or

(c) a family dispute resolution practitioner; or

(d) a family consultant.