Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p2
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 2/86)
Character Range: 58682–61600

person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about the primary dispute resolution methods that could be used to resolve any matter in dispute.

"Division 4—Counselling

Division 3 of Part VII deals with counselling in matters affecting children

"14H. Division 3 of Part VII contains provisions that deal with counselling in matters affecting children.".

Notice seeking counselling

8. Section 15 of the Principal Act is amended by omitting from subsection (2) "marriage counsellor" and substituting "family and child counsellor".

Repeal of section 16A and substitution of new sections

9. Section 16A of the Principal Act is repealed and the following sections are substituted:

Courts to direct or advise people to attend counselling

"16A.( 1) If a court makes an order or grants an injunction under section 114, the court must, if the court considers that it is in the interests of the parties or their children to do so, direct or advise either or both of the parties to attend upon a family and child counsellor.

"(2) Failure to comply with a direction or advice referred to in subsection (1) does not constitute a contempt of the court.

Courts may advise people to attend counselling if it may improve their relationship etc.

"16B.(1) If a court having jurisdiction under this Act considers that counselling may assist the parties to a marriage to improve their relationship to each other or to any of their children, it may advise the parties to attend upon a family and child counsellor or an approved counselling organisation.

"(2) If the court does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance at counselling.

Obligations to consider advising people about counselling for marital breakdown

"16C.(1) In this section, counselling for marital breakdown is

counselling to assist the parties to a marriage and their children to adjust to the consequences of marital breakdown.

"(2) A court exercising jurisdiction in proceedings under this Act, other than Part VII, must consider whether or not to advise parties to the proceedings about counselling for marital breakdown available through courts exercising jurisdiction under this Act and through approved counselling organisations.

"(3) A legal practitioner acting in proceedings under this Act, other than Part VII, or consulted by a person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about counselling for marital breakdown available through courts exercising jurisdiction under this Act and through approved counselling organisations.".

Provision of certain documents

10. Section 17 of the Principal Act is amended by