Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p5
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 5/86)
Character Range: 66551–69506

a family and child counsellor, or an approved counselling organisation, may advertise, at a Registry of the Family Court, the counselling services the counsellor or organisation provides.

"(2) Subject to the regulations (if any), a family and child mediator, or an approved mediation organisation, may advertise, at a Registry of the Family Court, the mediation services the mediator or organisation provides.

"(3) Subject to the regulations (if any), an approved arbitrator may advertise, at a Registry of the Family Court, the arbitration services the arbitrator provides.".

Powers of Judicial Registrars

26. Section 26B of the Principal Act is amended:

    (a) by omitting from subsection (1) all the words after "power to make" and substituting "an excluded child order (as defined in subsection (1A)).";

    (b) by inserting after subsection (1) the following subsection:

"(1A) An excluded child order is:

(a) a residence order; or

(b) a contact order; or

          (c) a specific issues order conferring responsibility for the long-term or day-to-day care, welfare and development of a child; or

(d) an order in relation to the welfare of a child;

    other than an order until further order, an order made in undefended proceedings or an order made with the consent of all the parties to the proceedings.".

Delegation of powers to Registrars

27. Section 37A of the Principal Act is amended:

(a) by omitting from subparagraph (1)(f)(i) "66K, 66ZA" and substituting "66Q, 67E";

(b) by omitting paragraph (2)(d) and substituting the following paragraph:

"(d) an excluded child order (as defined in subsection (2A)).";

(c) by inserting after subsection (2) the following subsection:

"(2A) An excluded child order is:

(a) a residence order; or

(b) a contact order; or

          (c) a specific issues order conferring responsibility for the long-term or day-to-day care, welfare and development of a child; or

(d) an order in relation to the welfare of a child;

    other than an order until further order, an order made in undefended proceedings or an order made with the consent of all the parties to the proceedings.".

Principles to be applied by courts

28. Section 43 of the Principal Act is amended by omitting "and" at the end of paragraph (c) and inserting the following paragraph:

"(ca) the need to ensure safety from family violence; and".

Institution of proceedings

29. Section 44 of the Principal Act is amended:

(a) by omitting subparagraph (1B)(a)(i) and substituting the following subparagraph:

"(i) a family and child counsellor or an approved counselling organisation; or";

    (b) by omitting from subparagraph (1B)(a)(ii) and paragraph (1B)(b) "organization" and substituting "organisation".

Decree absolute where children

30. Section 55A of the Principal Act is amended:

    (a) by omitting from subparagraph (1)(b)(i) "welfare" and substituting "care, welfare and development";

    (b) by omitting