Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p4
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 4/86)
Character Range: 63885–66813

IIIA of the Principal Act is omitted and the following heading is substituted:

"Subdivision C—Miscellaneous".

Repeal of section 19H

21. Section 19H of the Principal Act is repealed.

Advice about mediation and arbitration

22. Section 19J of the Principal Act is amended, by omitting from subsection (1) all the words from and including "about" and substituting the following:

"about:

    (a) the mediation or arbitration facilities (if any) available in the court and how those facilities are made available; and

    (b) the mediation services provided by approved mediation organisations.".

Oath or affirmation by court mediator or community mediator

23. Section 19K of the Principal Act is amended by omitting "An approved mediator" and substituting "A court mediator or a community mediator".

Protection of mediators and arbitrators

24. Section 19M of the Principal Act is amended by omitting "An approved mediator" and substituting "A family and child mediator".

Insertion of new Division

25. Before Part IV of the Principal Act the following Division is inserted:

"Division 6—Miscellaneous

Admissions made to counsellors, mediators etc.

"19N.(1) This section applies to:

(a) a family and child counsellor; or

(b) a court mediator; or

(c) subject to the regulations, a community mediator or a private mediator; or

    (d) a person nominated, or acting on behalf of an organisation nominated, for the purposes of paragraph 14C(3)(b) or subparagraph 44(1B)(a)(ii); or

    (e) a person to whom a party to a marriage has been referred, for medical or other professional consultation, by a person referred to in paragraph (a), (b), (c) or (d).

"(2) Evidence of anything said, or any admission made, at a meeting or conference conducted by a person to whom this section applies while the person is acting as such a person is not admissible:

    (a) in any court (whether exercising federal jurisdiction or not); or

    (b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.

Regulations to be complied with by community mediators and private mediators

"19P.(1) The regulations may prescribe requirements to be complied with by community mediators and private mediators in relation to the family and child mediation services they provide.

"(2) The regulations may prescribe penalties not exceeding 10 penalty units in respect of offences against regulations made for the purposes of subsection (1).

Advertising in Family Court registries of counselling, mediation and arbitration services

"19Q.(1) Subject to the regulations (if any), 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