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Family Law Act 1975

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Family Law Act 1975 Family Law Act 1975 Act No. 53 of 1975 as amended This compilation was prepared on 21 December 2010 taking into account amendments up to Act No. 147 of 2010 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Contents Part I—Preliminary 1 1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 Repeal and saving..............................................................................1 4 Interpretation .....................................................................................2 4AA De facto relationships......................................................................27 4A Third party proceedings to set aside financial agreement................28 4B Third party proceedings to set aside Part VIIIAB financial agreement ........................................................................................30 5 Debtor subject to a personal insolvency agreement.........................32 6 Polygamous marriages.....................................................................32 7 Extension of Act to certain Territories ............................................32 7A Application of the Criminal Code ...................................................32 8 Supersession of existing laws ..........................................................32 9 Transitional......................................................................................33 Part IA—Protection of names 36 9A Use of protected names and symbols...............................................36 Part II—Non-court based family services 38 Division 1—Accreditation of family counsellors, family dispute resolution practitioners and other family service providers 38 10A Accreditation Rules .........................................................................38 Division 2—Family counselling 40 10B Definition of family counselling ......................................................40 10C Definition of family counsellor........................................................40 10D Confidentiality of communications in family counselling...............41 10E Admissibility of communications in family counselling and in referrals from family counselling ................................................42 Division 3—Family dispute resolution 44 10F Definition of family dispute resolution............................................44 10G Definition of family dispute resolution practitioner ........................44 10H Confidentiality of communications in family dispute resolution.........................................................................................44 10J Admissibility of communications in family dispute resolution and in referrals from family dispute resolution...............46 10K Family dispute resolution practitioners must comply with regulations .......................................................................................47 Division 4—Arbitration 48 10L Definition of arbitration..................................................................48 Family Law Act 1975 iii 10M Definition of arbitrator ...................................................................48 10N Arbitrators may charge fees for their services .................................48 10P Immunity of arbitrators....................................................................49 Part III—Family consultants 50 Division 1—About family consultants 50 11A Functions of family consultants.......................................................50 11B Definition of family consultant........................................................50 11C Admissibility of communications with family consultants and referrals from family consultants ..............................................51 11D Immunity of family consultants.......................................................51 Division 2—Courts’ use of family consultants 52 11E Courts to consider seeking advice from family consultants.............52 11F Court may order parties to attend appointments with a family consultant ........................................................................................52 11G Consequences of failure to comply with order under section 11F ......................................................................................53 Part IIIA—Obligations to inform people about non-court based family services and about court’s processes and services 54 Division 1—Introduction 54 12A Objects of this Part ..........................................................................54 Division 2—Kind of information to be provided 55 12B Prescribed information about non-court based family services and court’s processes and services.....................................55 12C Prescribed information about reconciliation....................................55 12D Prescribed information about Part VII proceedings.........................55 Division 3—Who must provide information, and when 56 12E Obligations on legal practitioners....................................................56 12F Obligations on principal executive officers of courts ......................56 12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators.............................................................57 Part IIIB—Court’s powers in relation to court and non-court based family services 58 Division 1—Introduction 58 13A Objects of this Part ..........................................................................58 Division 2—Help with reconciliation 59 13B Court to accommodate possible reconciliations...............................59 iv Family Law Act 1975 Division 3—Referrals to family counselling, family dispute resolution and other family services 60 13C Court may refer parties to family counselling, family dispute resolution and other family services ................................................60 13D Consequences of failure to comply with order under section 13C......................................................................................61 Division 4—Court’s role in relation to arbitration of disputes 62 13E Court may refer Part VIII proceedings or Part VIIIAB proceedings to arbitration ................................................................62 13F Court may make orders to facilitate arbitration of certain disputes............................................................................................62 13G Family Court and Federal Magistrates Court may determine questions of law referred by arbitrator.............................................62 13H Awards made in arbitration may be registered in court ...................63 13J Family Court or Federal Magistrates Court can review registered awards.............................................................................63 13K Family Court and Federal Magistrates Court may set aside registered awards.............................................................................64 Part IV—The Family Court of Australia 65 Division 1—Interpretation 65 20 Interpretation ...................................................................................65 Division 2—The Family Court of Australia 66 21 Creation of Court.............................................................................66 21A Divisions of Court ...........................................................................66 21B Arrangement of business of Court...................................................66 Division 3—Judges 68 22 Appointment, removal and resignation of Judges............................68 23 Seniority ..........................................................................................70 24 Absence or illness of Chief Judge ...................................................72 25 Salary and Allowances ....................................................................72 26 Oath or affirmation of allegiance and office....................................72 Division 4—Judicial Registrars 74 26A Judicial Registrars ...........................................................................74 26B Powers of Judicial Registrars...........................................................74 26C Review of decisions of Judicial Registrars ......................................75 26D Exercise of delegated powers by Court ...........................................76 26E Application of the Legislative Instruments Act 2003 to rules of court ............................................................................................76 26F Independence of Judicial Registrars ................................................77 26G Judicial Registrars hold office on full time or part time basis..........77 26H Qualifications for appointment etc. .................................................77 26I Term of office..................................................................................77 Family Law Act 1975 v 26J Remuneration and allowances .........................................................77 26JA Leave of absence .............................................................................78 26K Resignation......................................................................................78
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