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

Schedule 4   Changes to dispute resolution

Part 3   Changes to dispute resolution

Family Law Act 1975

42   After Division 1 of Part IVA

Insert:

Division 1A - Administration of Court's family services

38BA 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, 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) apply to the Chief Executive Officer while the Chief Executive Officer is performing those functions.

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

38BB 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.

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

38BC 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.

38BD 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 this Act.

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

(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 (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 person involved in those proceedings.