Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p3
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 3/86)
Character Range: 61296–64148

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 omitting from paragraph (a) "welfare" and substituting "care, welfare or development".

Repeal of section 18

11. Section 18 of the Principal Act is repealed.

Oath or affirmation of secrecy

12. Section 19 of the Principal Act is amended by omitting "marriage counsellor" (wherever occurring) and substituting "family and child counsellor".

Omission of headings to Part IIIA and Division 1 of that Part and substitution of new headings

13. The headings to Part IIIA, and Division 1 of Part IIIA, of the Principal Act are omitted and the following headings are substituted:

"Division 5—Mediation and arbitration

"Subdivision A—Mediation".

Request for mediation—request made through court

14. Section 19A of the Principal Act is amended by omitting from paragraph (2)(b) "an approved mediator" and substituting "a court mediator".

Insertion of new section

15. After section 19A of the Principal Act the following section is inserted:

Request for mediation—where made direct to a family and child mediator

"19AA. A person may at any time request a family and child mediator to mediate a dispute.".

Court may refer matters for mediation

16. Section 19B of the Principal Act is amended by omitting from subsections (1) and (3) "an approved mediator" and substituting "a court mediator".

Insertion of new section

17. After section 19B of the Principal Act the following section is inserted:

Court to advise people to attend mediation

"19BA.(1) Subject to the regulations (if any), a court having jurisdiction under this Act must, if it considers it may help the parties to a dispute before it to resolve that dispute, advise the parties to seek the help of a family and child mediator.

"(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 mediation.".

Repeal of section 19C

18. Section 19C of the Principal Act is repealed.

Omission of heading to Division 2 of Part IIIA and substitution of new heading

19. The heading to Division 2 of Part IIIA of the Principal Act is omitted and the following heading is substituted:

"Subdivision B—Arbitration".

Omission of heading to Division 3 of Part IIIA and substitution of new heading

20. The heading to Division 3 of Part 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