New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 91D

91D Dispute resolution conferences

(1) If it considers it appropriate, the Children's Court may, before or at any stage during the hearing of an application by the Secretary for a parent capacity order, or after it finds a prohibition order has been breached in proceedings under section 90A, refer the matter to a Children's Registrar to be dealt with under this section.

(2) The Children's Registrar is to arrange and conduct a dispute resolution conference between the Secretary and the parent or primary care-giver in relation to whom the order is sought (the
"parties" ).

(3) The purpose of a dispute resolution conference is to provide the parties with an opportunity to agree on action that should be taken to build or enhance the parenting skills of the parent or primary care-giver.

(4) In conducting a dispute resolution conference, a Children's Registrar is to act as a conciliator between the parties. In so doing--

(a) the Children's Registrar should seek to encourage the parties to agree on action that should be taken (including the formulation of an order that may be made by consent under section 91F), or

(b) if the parties cannot agree on the action to be taken, the Children's Registrar should encourage the parties--

(i) to identify areas of agreement between the parties, and

(ii) to identify issues in dispute between the parties, and

(iii) to determine the best way of resolving any issues in dispute, and

(iv) to set a timetable for the hearing of the matter by the Children's Court.

(5) A party may be legally represented at a dispute resolution conference.