Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 4(1)
Insert:
"civil penalty provision " has the same meaning as in the Regulatory Powers Act.
"designated family report " : see section 11J.
"family report writer " : see section 11H.
"regulator " : see paragraph 11K(2)(b).
"Regulatory Powers Act " means the Regulatory Powers (Standard Provisions) Act 2014 .
2 Section 11D
Before "A family", insert "(1)".
3 At the end of section 11D
Add:
(2) However, if a family consultant is also a family report writer, that protection and immunity:
(a) does not relieve the family consultant of their obligations under regulations made for the purposes of section 11K (regulations prescribing standards and requirements for family report writers); and
(b) does not extend to action taken to enforce such regulations.
4 After Part III
Insert:
Part IIIAA -- Family report writers
Any individual who prepares a designated family report (see section 11J) is a family report writer .
(1) A report that relates to a child is a designated family report if:
(a) the report is prepared following a family assessment (which usually includes the report's preparer meeting with the child and others significant to the child's care, welfare and development and, if appropriate, advising of the child's views); and
(b) the report sets out the expert views and advice of the report's preparer on parenting arrangements for the purposes of parenting orders being made by the court in relation to the child; and
(c) the report is both:
(i) covered by subsection (2); and
(ii) not excluded by regulations made for the purposes of this paragraph.
(2) This subsection covers the following reports:
(a) a report prepared for the court by a family consultant in relation to an appointment (or a series of appointments) a party to proceedings has been directed to attend, or to arrange for a child to attend, with the family consultant under section 11F;
(b) a report prepared for the court by a family consultant for the purposes of subsection 55A(2) (report regarding arrangements for the care, welfare and development of a child of a marriage);
(c) a report prepared by a family consultant at the direction of the court under subsection 62G(2) (direction to give report in relation to proceedings in which the care, welfare and development of a child under 18 is relevant);
(d) a report about a child prepared for the use of an independent children's lawyer as mentioned in subsection 68M(2);
(e) any other report prepared for parties to proceedings before the court, or for the court for the purposes of proceedings before the court.
11K Regulations prescribing standards and requirements for family report writers
Regulations prescribing standards and requirements for family report writers
(1) The regulations may make provision for, and in relation to:
(a) standards and requirements that family report writers, or a class or classes of family report writers, must comply with in connection with the role of preparing designated family reports; and
(b) consequences of non-compliance with prescribed standards and requirements.
Standards and requirements
(2) Without limiting paragraph (1)(a), regulations made for the purposes of that paragraph may deal with any or all of the following matters:
(a) recognition, monitoring and enforcement of compliance with prescribed standards and requirements;
(b) the person or persons responsible for that recognition, monitoring and enforcement (each such person is a regulator );
(c) duties of family report writers, and persons intending to become family report writers, in relation to establishing and maintaining recognition of their compliance, including duties in relation to providing information and documents to a regulator;
(d) circumstances in which a regulator may collect, use and share information and documents for the purposes of meeting the regulator's responsibilities;
(e) review of decisions that affect recognition of a family report writer's compliance;
(f) processes for dealing with persons who make false or misleading representations about a family report writer's compliance;
(g) processes for handling complaints involving family report writers;
(h) training for family report writers;
(i) the charging of fees, to family report writers, for services provided to them in connection with recognition, and maintenance of recognition, of their compliance;
(j) publication of the names of family report writers who are recognised as complying with prescribed standards and requirements;
(k) publication of information about the named family report writers for the purposes of informing the court, parties to proceedings and the public about any or all of the following:
(i) their qualifications, training and experience;
(ii) their availability;
(iii) the fees they charge;
(iv) their compliance status, including in relation to particular standards or requirements;
(v) any relevant memberships of professional associations, registration or employment;
(vi) any other matters relevant to their role of preparing designated family reports;
(l) standards and requirements in relation to the content of designated family reports.
(3) Regulations dealing with the matter mentioned in paragraph (2)(k) must not require or allow the publication of personal information (within the meaning of the Privacy Act 1988 ) about any child or other individual to whom a report relates.
Consequences of non-compliance
(4) Without limiting paragraph (1)(b), regulations made for the purposes of that paragraph may do any or all of the following:
(a) prescribe offences, the penalties for which do not exceed 30 penalty units;
(b) prescribe civil penalty provisions, the penalties for which do not exceed 30 penalty units;
(c) provide for suspension or cancellation of recognition of compliance;
(d) provide that, if a family report writer is not recognised, or if recognition of a family report writer's compliance is suspended or cancelled, the court must not have regard to designated family reports prepared by the family report writer;
(e) prohibit the preparation of designated family reports by family report writers who are not recognised.
(5) Each civil penalty provision prescribed by regulations made for the purposes of this section (a Part IIIAA civil penalty provision ) is enforceable under Part 4 of the Regulatory Powers Act.
Authorised applicant
(6) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the Part IIIAA civil penalty provisions:
(a) each regulator;
(b) the Secretary of the Department.
(7) The Secretary of the Department may, in writing, delegate the Secretary's powers and functions under Part 4 of the Regulatory Powers Act in relation to the Part IIIAA civil penalty provisions to an SES employee, or an acting SES employee, in the Department.
Relevant court
(8) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the Part IIIAA civil penalty provisions:
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
11L Disclosure by court to regulator
The court may disclose any of the following to a regulator, for the purposes of the regulator performing the regulator's functions under the regulations:
(a) a designated family report prepared for or at the direction of the court, or for a party to proceedings before the court;
(b) a final order made by the court in proceedings for which a designated family report was prepared.
A regulator is not liable in civil or criminal proceedings for or in relation to anything done or omitted to be done, in good faith, in the performance or exercise, or purported performance or exercise, of the regulator's functions or powers under regulations made for the purposes of section 11K.
5 At the end of subsection 67ZA(1)
Add:
; or (i) a family report writer who is recognised, in accordance with regulations made for the purposes of section 11K, as complying with prescribed standards and requirements.
6 At the end of subsection 111CV(1A)
Add:
; and (j) a family report writer who is recognised, in accordance with regulations made for the purposes of section 11K, as complying with prescribed standards and requirements.