Document ID: chunk:federal_register_of_legislation:F2024C01002:reg:25
Version: federal_register_of_legislation:F2024C01002
Segment Type: reg
Provision Reference: reg 25
Character Range: 25305–26924

25  Family dispute resolution practitioners—assessment of family dispute resolution suitability
 (1) Before providing family dispute resolution under the Act, the family dispute resolution practitioner to whom a dispute is referred must be satisfied that:
 (a) an assessment has been conducted of the parties to the dispute; and
 (b) family dispute resolution is appropriate.
 (2) In determining whether family dispute resolution is appropriate, the family dispute resolution practitioner must be satisfied that consideration has been given to whether the ability of any party to negotiate freely in the dispute is affected by any of the following matters:
 (a) a history of family violence (if any) among the parties;
 (b) the likely safety of the parties;
 (c) the equality of bargaining power among the parties;
 (d) the risk that a child may suffer abuse;
 (e) the emotional, psychological and physical health of the parties;
 (f) any other matter that the family dispute resolution practitioner considers relevant to the proposed family dispute resolution.
 (3) If, after considering the matters set out in subregulation (2), the family dispute resolution practitioner is satisfied that family dispute resolution is appropriate then, subject to regulations 28 and 30, the family dispute resolution practitioner may provide family dispute resolution.
 (4) If, after considering the matters set out in subregulation (2), the family dispute resolution practitioner is not satisfied that family dispute resolution is appropriate, the family dispute resolution practitioner must not provide family dispute resolution.