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FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 - NOTES

- made under the Family Law Act 1975

Select Legislative Instrument No. 183, 2008

made under the

Family Law Act 1975

Compilation No. 3

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 that shows the text of the law as amended and in force on 14  October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Name of Regulations

2 Authority

3 Definitions

Part 2--Accreditation process

4 Family dispute resolution practitioners (Act s 10G)

5 Criteria for accreditation relating to qualifications and competencies

6 Other criterion for accreditation

7 Certified postgraduate awards

8 Certified postgraduate units equivalent to those of the specified or compulsory units of competency of the Vocational Graduate Diploma

9 Application for accreditation

10 Information to be included in application

11 Determination on application

Part 3--Obligations of accredited family dispute resolution practitioners

12 Conditions of accreditation

13 Notification of information

14 Education, training and professional development

15 Professional standards

16 Secretary may impose conditions

Part 4--Suspension or cancellation of accreditation

17 Grounds for suspension or cancellation of accreditation generally

18 Grounds for immediate cancellation of accreditation

19 Notice to show cause

20 Notice of suspension

21 Notice of cancellation

22 Automatic suspension and cancellation

Part 5--Offences

23 Offences

Part 6--Review of decisions

24 Review by ART

Part 7--Family Dispute Resolution Practitioners

25 Family dispute resolution practitioners--assessment of family dispute resolution suitability

26 Family dispute resolution practitioner certificates

27 Certificate by family dispute resolution practitioner (Act s 60I(8))

28 Information to be given to parties before family dispute resolution

29 Obligations of family dispute resolution practitioner--general

30 Obligations of family dispute resolution practitioner--avoidance of conflicts of interests

Part 8--Transitional arrangements

31 Transitional arrangements concerning the operation of the Family Law Regulations 1984

Schedule 1--Certificate by family dispute resolution practitioner

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

 

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

183, 2008

23 Sept 2008 (F2008L03470)

1 Jan 2009 (r 2)

 

18, 2009

5 Feb 2009 (F2009L00291)

1 Mar 2009 (r 2)

--

 

Name

Registration

Commencement

Application, saving and transitional provisions

Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021

30 Aug 2021 (F2021L01204)

Sch 2 (items 50-54): 1 Sept 2021 (s 2(1) item 1)

--

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024

11 Oct 2024 (F2024L01299)

Sch 2 (items 12, 13): 14 Oct 2024 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

r 2.....................

rs F2021L01204

Part 6

 

r 24....................

am F2024L01299

Part 7

 

r 26....................

am F2021L01204

r 28....................

am F2021L01204

Schedule 1

 

Schedule 1................

rs No 18, 2009

 


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