Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS 1991 NO. 401

STATUTORY RULES 1991 No. 401

FAMILY LAW ACT 1975

FAMILY LAW REGULATIONS

Subsection 125(1) of the Family Law Act 1975 provides that the Governor-General may make regulations for the purposes of the Act. The Family Law Act will be amended by the Courts (Mediation and Arbitration) Act 1991 which commences on 27 December 1991.

Paragraph 125(1)(ba) of the Act will provide that the Governor-General may make regulations providing for and in relation to the approval of mediators and arbitrators. Section 4 of the Family Law Act will provide that an approved mediator means a mediator approved under the Regulations.

Section 19A of Act will provide that a parent or adoptive parent of a child, a child, or a party to a marriage who is not a party to proceedings under the Act may file a notice asking for the help of a mediator in settling a dispute to which a person is a party. If a mediation service is available at the Registry of the Court and the dispute is one that, under the Rules of Court, may be mediated, the appropriate officer of the Court must make arrangements for an approved mediator to mediate the dispute in accordance with the Rules of Court.

Section 19B will provide that, subject to the Rules of Court, the Family Court or the Family Court of a State may, with the consent of the parties to any proceedings before it under the Act (other than proscribed proceedings) make an order referring any or all of the matters in dispute in the proceedings for mediation by an approved mediator.

Section 19K of the Act will provide that an approved mediator must, before starting to perform the functions of such a mediator, make an oath or affirmation of secrecy in accordance with the prescribed form before a person authorised under a law of the Commonwealth or a State to take affidavits.

The proposed Regulations provide for the Chief Justice to approve persons, who are suitable by reasons of their training and experience, as mediators for the purposes of sections 19A and 19B of the Family Law Act, and the form of the oath or affirmation to be taken by approved mediators.

Details of the proposed Regulations are as follows:

Regulation 7A provides for the Chief Justice to approve persons who are suitable by reasons of their training and experience as mediators for the purposes of sections 19A and 19B of the Family Law Act.

Regulation 9A provides the form of the oath or affirmation of secrecy to be taken by an approved mediator before he or she can perform the functions of an approved mediator.

Minister for Justice and Consumer Affairs