Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 12G

Obligations on family counsellors, family dispute resolution practitioners and arbitrators

             (1)  A family counsellor, family dispute resolution practitioner or arbitrator who deals with a married person considering instituting:

                     (a)  proceedings for a divorce order in relation to the marriage; or

                     (b)  financial or Part VII proceedings in relation to the marriage;

must give the married person (and in appropriate cases, that person's spouse) documents containing the information prescribed under 12C (about reconciliation).

Note:          Section 63DA also imposes information‑giving obligations on family counsellors and family dispute resolution practitioners (not arbitrators) dealing with people involved in Part VII proceedings.

             (2)  A family counsellor, family dispute resolution practitioner or arbitrator does not have to comply with subsection (1), if he or she:

                     (a)  has reasonable grounds to believe that the person has already been given documents containing the prescribed information or

                     (b)  considers that there is no reasonable possibility of a reconciliation between the parties to the marriage.


 



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