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admin
- August 12, 2024
A summary of the Family Dispute Resolution (FDR) practitioner obligations under the Family Law Act 1975 and the Family Law (Family Dispute Resolution Practitioners) Regulations 2008:
1. Confidentiality and Inadmissibility
- Confidentiality (Section 10H):
- General Rule: Communications made in FDR are confidential and cannot be disclosed by an FDR practitioner unless required or authorized by law.
- Disclosure Allowed: Disclosure is permitted if it’s necessary to comply with laws regarding child protection, serious threats, or to assist in proper representation of a child.
- Consent: Disclosures can be made with consent from the adult who made the communication or, for a child under 18, with parental consent.
- Inadmissibility (Section 10J):
- General Rule: Evidence from FDR is generally not admissible in court, except in cases involving child abuse.
- Intake and Assessment: Evidence from intake and assessment sessions is not confidential or inadmissible if FDR has not yet commenced.
- Subpoenas:
- Compliance: FDR practitioners must comply with subpoenas by providing documents to the court, not directly to the issuing party.
- Objections: Objections to producing documents can be raised, but the court will decide if the documents should be provided.
2. Intake and Assessment
- Assessment Requirements: Before providing FDR, practitioners must assess whether FDR is appropriate by considering:
- History of violence
- Safety of parties
- Bargaining power equality
- Risk of child abuse
- Emotional, psychological, and physical health of parties
- Other relevant factors
- Stopping FDR: If during FDR the practitioner determines it is no longer appropriate due to these factors, they can stop the process and issue a certificate indicating that FDR was attempted but deemed inappropriate to continue.
3. Information for Parties in Dispute
- Pre-FDR Information (Regulation 28):
- Practitioners must inform parties about the key aspects of FDR before starting, including that FDR practitioners do not provide legal advice unless they are also legal practitioners.
4. Reporting of Child Abuse Obligations
- Mandatory Reporting: Practitioners must report child abuse or suspected abuse to relevant authorities as part of their duty to protect children.
5. General Obligations
- Compliance: Practitioners must adhere to obligations under the Family Law Act and FDR Regulations to maintain their accreditation. Failure to comply can result in suspension or cancellation of their accreditation.
6. Conflict of Interest
- Avoidance: Practitioners must manage and avoid conflicts of interest to ensure fair and impartial resolution processes.
7. Court Ordered FDR – Certificate of Dispute Resolution
- Certificates: If FDR is ordered by the court, practitioners must issue a Certificate of Dispute Resolution that confirms whether FDR occurred and the outcomes.
Note: This Fact Sheet is intended as general information and not legal advice. For specific legal queries, seek legal counsel.