Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_63da:p1
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 63DA (pt 1/2)
Character Range: 39986–42623

63DA  Obligations of advisers

 (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) inform them that decisions made in developing parenting plans should be made in the best interests of the child; and
 (d) inform them of the matters that may be dealt with in a parenting plan in accordance with subsection 63C(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 64D) 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 paragraph 63C(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 paragraph 63C(2)(g) (which deals with the process for resolving disputes between the parties to the plan); and
 (iii) provisions of the kind referred to in paragraph 63C(2)(h) (which deals with the process for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan); 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 65DAB requires