Western Australian Current Acts Western Australian Current Acts (1A) The obligations
of an adviser under this section are in addition to the adviser’s
obligations under section 66HC.
(1) If an adviser
gives advice or assistance to people in relation to parental responsibility
for a child following the breakdown of the relationship between those people,
the adviser must —
(a)
inform them that they could consider entering into a parenting plan in
relation to the child; and
(b)
inform them about where they can get further assistance to develop a parenting
plan and the content of the plan.
(2) If an adviser
gives advice to people in connection with the making by those people of a
parenting plan in relation to a child, the adviser must —
(a)
inform them that, if the child spending equal time with each of them is
—
(i)
reasonably practicable; and
(ii)
in the best interests of the child,
they could consider
the option of an arrangement of that kind; and
(b)
inform them that, if the child spending equal time with each of them is not
reasonably practicable or is not in the best interests of the child but the
child spending substantial and significant time with each of them is —
(i)
reasonably practicable; and
(ii)
in the best interests of the child,
they could consider
the option of an arrangement of that kind; and
[(c) deleted]
(d)
inform them of the matters that may be dealt with in a parenting plan in
accordance with section 76(2); and
(e)
inform them that, if there is a parenting order in force in relation to the
child, the order may (because of section 85A) include a provision that the
order is subject to a parenting plan they enter into; and
(f)
inform them about the desirability of including in the plan —
(i)
if they are to share parental responsibility for the
child under the plan, provisions of the kind referred to in section 76(2)(d)
(which deals with the form of consultations between the parties to the plan)
as a way of avoiding future conflicts over, or misunderstandings about, the
matters covered by that paragraph; and
(ii)
provisions of the kind referred to in section 76(2)(g);
and
(iii)
provisions of the kind referred to in section 76(2)(h);
and
(g)
explain to them, in language they are likely to readily understand, the
availability of programs to help people who experience difficulties in
complying with a parenting plan; and
(h)
inform them that section 89AB requires the court to have regard to the terms
of the most recent parenting plan in relation to the child when making a
parenting order in relation to the child if it is in the best interests of the
child to do so.
(3) For the purposes
of subsection (2)(b), a child will be taken to spend substantial and
significant time with a parent only if —
(a) the
time the child spends with the parent includes both —
(i)
days that fall on weekends and holidays; and
(ii)
days that do not fall on weekends or holidays;
and
(b) the
time the child spends with the parent allows the parent to be involved in
—
(i)
the child’s daily routine; and
(ii)
occasions and events that are of particular significance
to the child;
and
(c) the
time the child spends with the parent allows the child to be involved in
occasions and events that are of special significance to the parent.
(4) Subsection (3)
does not limit the other matters to which regard may be had in determining
whether the time a child spends with a parent would be substantial and
significant.
(5) In this section
—
adviser means a person who is —
(a) a
legal practitioner; or
(b) a
family counsellor; or
(c) a
family dispute resolution practitioner; or
(d) a
family consultant.
[Section 78A inserted: No. 35 of 2006 s. 88;
amended: No. 13 of 2013 s. 14.]