Care of Children Amendment Act 2008

1: Title
This Act is the Care of Children Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Care of Children Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Care of Children Act 2004 OIC SR 2009/77 2009-05-18 Care of Children Act 2004 OIC Care of Children Act 2004
4: Lawyer to act for child
1: Section 7(1) , or direct the Registrar of the court to appoint, appoint
2: Section 7(2) or a direction appointment
5: Interpretation
Section 8 counsellor mediator .
6: Agreements between parents and guardians
1: Section 40 Agreements relating to care of children
2: Section 40(1)
a: may request a Registrar of a Family Court to arrange—
i: counselling in respect of a dispute relating to the agreement, under section 46G(1)
ii: mediation in respect of a dispute relating to the agreement, under section 46H(1) .
3: Section 40
1A: A person who, with any other person, is proposing to enter into an agreement of the kind described in section 40(2) may request a Registrar of a Family Court to arrange—
a: counselling in respect of a dispute relating to the proposed agreement, under section 46G(2)
b: mediation in respect of a dispute relating to the proposed agreement, under section 46H(2)
4: Section 40(2) between parents or guardians of a child
7: Cross-heading and sections repealed
1: The cross-heading above section 44
2: Sections 44 to 46
8: New sections 46C to 46ZF and heading inserted
The following sections and heading are inserted after section 46B
46C: Certain children may seek review of parent's or guardian's decision or refusal to give consent
1: A child of or over the age of 16 years who is affected by a decision or by a refusal of consent by a parent or guardian in an important matter may (unless the child is under the guardianship of the court) apply to a Family Court Judge who may, if he or she thinks it reasonable in all the circumstances to do so, review the decision or refusal and make any order in respect of it that he or she thinks fit.
2: A consent given by a Family Court Judge under this section has the same effect as if it had been given by the parent or guardian.
3: This section does not apply where a parent or guardian refuses to give consent to a child's marriage, civil union, or entry into a de facto relationship. In those cases, sections 18 to 20 of the Marriage Act 1955, sections 19 and 20 of the Civil Union Act 2004, and section 46A of this Act, respectively, apply instead. Counselling and mediation to resolve disputes
46D: Duty of lawyers to promote reconciliation and conciliation
1: In all matters in issue between spouses, civil union partners, or de facto partners that are or may become the subject of proceedings under this Act, every lawyer acting for either spouse, civil union partner, or de facto partner must—
a: ensure that the spouse, civil union partner, or de facto partner for whom the lawyer is acting is aware of the facilities that exist for promoting reconciliation and conciliation; and
b: take such further steps as in the opinion of the lawyer may assist in promoting reconciliation or, if reconciliation is not possible, conciliation.
2: Every lawyer who is acting for a spouse, civil union partner, or de facto partner, and who applies to the court to have set down for hearing any matter in issue between the spouses, civil union partners, or de facto partners under this Act, must certify on the application that he or she has carried out his or her responsibilities under subsection (1).
46E: Duty of courts as to reconciliation and conciliation
In all proceedings under this Act between spouses, civil union partners, or de facto partners for a parenting order, the court must—
a: consider the possibility of a reconciliation between the spouses, civil union partners, or de facto partners, or of conciliation between them on any matter in issue; and
b: take such further steps as in its opinion may assist in promoting reconciliation or, if reconciliation is not possible, conciliation.
46F: Disputes between guardians
1: If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may—
a: request a Registrar of a Family Court to arrange counselling in respect of their dispute; or
b: request a Registrar of a Family Court to arrange mediation in respect of their dispute; or
c: apply to a court for its direction.
2: Where a request has been made to a Registrar under subsection (1)(a), the Registrar must, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a counsellor.
3: Where a request has been made to a Registrar under subsection (1)(b), the Registrar may, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a mediator.
4: An application under subsection (1)(c) must be made to a Family Court unless subsection (5) applies.
5: An application under subsection (1)(c) must be made to a High Court, and the High Court has exclusive jurisdiction to settle the dispute, where—
a: under an order of the High Court, 2 or more persons are guardians of, or have the role of providing day-to-day care for, a child, and that order has not been removed into a Family Court under section 127:
b: the child is under the guardianship of the High Court.
6: On an application under subsection (1)(c), the court may make any order relating to the matter it thinks proper.
46G: Request for counselling by party to agreement or person proposing to enter agreement
1: A party to an agreement of the kind described in section 40(2) may request a Registrar of a Family Court to arrange counselling in respect of a dispute arising from another party to the agreement contravening or appearing to contravene the agreement.
2: A person who, with any other person, is proposing to enter into an agreement of the kind described in section 40(2) may request a Registrar of a Family Court to arrange counselling in respect of a dispute arising in connection with the terms of the proposed agreement.
3: Where a request has been made to a Registrar under subsection (1) or (2), the Registrar must, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a counsellor.
46H: Request for mediation by party to an agreement or person proposing to enter agreement
1: A party to an agreement of the kind described in section 40(2) may request a Registrar of a Family Court to arrange mediation in respect of a dispute arising from another party to the agreement contravening or appearing to contravene the agreement.
2: A person who, with any other person, is proposing to enter into an agreement of the kind described in section 40(2) may request a Registrar of a Family Court to arrange mediation in respect of a dispute arising in connection with the terms of the proposed agreement.
3: Where a request has been made to a Registrar under subsection (1) or (2), the Registrar may, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a mediator.
46I: Counselling where proceedings commenced
1: This section applies on the filing of—
a: an application under section 46F(1)(c)
b: an application under section 48 for a parenting order.
2: A Family Court Judge may, if he or she thinks it expedient to do so, direct the Registrar to arrange for the matter to be referred to a counsellor.
3: On receipt of a direction under subsection (2), the Registrar must arrange for the matter to be referred accordingly.
4: If, not less than 28 days after the date on which the Registrar has arranged for the matter to be referred to a counsellor under subsection (3), either party requests that the application proceed, the proceedings must be continued unless the court otherwise directs.
5: Nothing in subsection (4) prevents the continuation of the proceedings before the expiry of 28 days if the court, upon application to it, so directs.
46J: Mediation where proceedings commenced
1: This section applies on the filing of—
a: an application under section 46F(1)(c)
b: an application under section 48 for a parenting order.
2: A Family Court Judge may, if he or she thinks it expedient to do so, direct the Registrar to arrange for the matter to be referred to a mediator.
3: On receipt of a direction under subsection (2), the Registrar must arrange for the matter to be referred accordingly.
4: If, not less than 42 days after the date on which the Registrar has arranged for the matter to be referred to a mediator under subsection (3), either party requests that the application proceed, the proceedings must be continued unless the court otherwise directs.
5: Nothing in subsection (4) prevents the continuation of the proceedings before the expiry of 42 days if the court, upon application to it, so directs.
46K: Mediation conference
1: This section applies where—
a: an application is made under section 46F(1)(c)
b: an application is made under section 48 for a parenting order.
2: Any party to the proceedings, or a Family Court Judge, may request the Registrar of the court to arrange for a mediation conference to be convened.
3: On receiving a request under subsection (2), the Registrar must—
a: appoint a time and place for the holding of a mediation conference in accordance with section 46L
b: inform each of the parties to the application of the time and place of the mediation conference and request them to attend.
4: The time appointed under subsection (3)(a) must be as soon as is reasonably practicable.
46L: Procedure at mediation conference
1: Each mediation conference is chaired by a Family Court Judge.
2: The objectives of the conference are—
a: to identify the matters in issue between the parties; and
b: to try to obtain agreement between the parties on the resolution of those matters.
3: The Chairperson may from time to time adjourn the conference to a time and place to be appointed by the Chairperson.
4: The Chairperson must record in writing the matters in issue at the conference, showing separately—
a: those matters on which agreement is reached between the parties; and
b: those matters on which no agreement is reached between the parties.
5: The Chairperson must then file his or her written record in the Family Court in which the proceedings are filed.
46M: Attendance at mediation conference
1: In addition to the parties, the following persons may attend a mediation conference:
a: a lawyer representing a party, if the party so requests:
b: a lawyer appointed to act for a child, if an appointment under section 7 has been made:
c: a person who the Chairperson agrees may attend as a support person for a party, if the party so requests.
2: A lawyer attending a mediation conference at the request of a party may assist and advise that party.
3: The Chairperson must agree to a request under subsection (1)(c) unless the Chairperson considers there is a good reason why the named support person should not be permitted to attend.
4: Except to the extent provided in subsection (1), and unless the Chairperson otherwise directs, a mediation conference is held in private.
5: If, during a mediation conference, the Chairperson requests a support person to leave the mediation conference, the support person must do so.
46N: Power of Chairperson to make consent orders at mediation conference
1: The Chairperson presiding at a mediation conference may, by consent of the parties, make any orders that could have been made by a Family Court and that relate to an application by either party for a parenting order.
2: However, where a party has no lawyer, or a party's lawyer is not present at the conference, a consent order must not be made unless that party states expressly that the party does not wish the conference to be adjourned to provide an opportunity for legal advice to be taken.
3: An order made under this section has for all purposes the same effect as if it were made by the consent of the parties in proceedings before a Family Court.
46O: Proceedings after mediation conference
The Family Court Judge who presides over a mediation conference between the parties to an application is entitled to hear any subsequent proceedings between those parties under that application unless in all the circumstances he or she decides, on his or her own motion or on the application of any party,—
a: that it would be inappropriate for him or her to do so; or
b: that there is some other sufficient reason for the application to be heard by another Judge.
46P: Counselling for child on making of parenting order or order relating to guardianship matter
1: The court may direct a child to attend counselling if the circumstances in subsection (2) exist.
2: The circumstances are that—
a: the court is making an order under section 46F(6) or 48(1)
b: the court considers that the child is in exceptional need of assistance in accepting the terms of the order or in adjusting to any changes resulting from the terms of the order.
3: Where a direction is made under this section, the Registrar must arrange for the matter to be referred to a counsellor.
46Q: Request for counselling by party to parenting order
1: A party to a parenting order may request a Registrar of a Family Court to arrange counselling in respect of a dispute arising from another party to the order contravening or appearing to contravene the order.
2: Where a request has been made to a Registrar under subsection (1), the Registrar must, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a counsellor.
46R: Request for mediation by party to parenting order
1: A party to a parenting order may request a Registrar of a Family Court to arrange mediation in respect of a dispute arising from another party to the order contravening or appearing to contravene the order.
2: Where a request has been made to a Registrar under subsection (1), the Registrar may, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a mediator.
46S: Registrar may decline requests for counselling or mediation and recommend instead applications under section 68
1: The Registrar may decline a request under section 46Q(1) or 46R(1)
2: Without limiting the discretion under subsection (1), in exercising that discretion the Registrar must have regard to whether a party to the order has used violence (as defined in section 3(2) of the Domestic Violence Act 1995) against—
a: another party to the order; or
b: a child in the care of another party to the order; or
c: both.
3: In declining a request under subsection (1), the Registrar may recommend that any or all of the parties to the order make an application under section 68.
4: This section overrides sections 46Q and 46R
46T: Reference to counsellor
1: This section applies to a referral to counselling under—
a: section 46F(2)
b: section 46G(3)
c: section 46I(3)
d: section 46Q(2)
2: A counsellor to whom a matter is referred must—
a: arrange to meet either or both of the parties at such times and places (including the home of either party) as the counsellor thinks fit for the purposes of counselling; or
b: request either or both of the parties to attend before the counsellor at a specified time and place for the purposes of counselling.
3: The counsellor may meet with one of the parties, or both of the parties separately, if the counsellor considers a meeting would enable him or her to do any or all of the following:
a: clarify the main issues between the parties:
b: gather any further information that may be relevant to the conduct of the counselling:
c: determine with the parties whether, if the child who is the subject of the matter in issue wishes to do so, the child should attend 1 or more sessions of counselling.
46U: Duty of counsellors
1: A counsellor to whom a matter is referred under section 46F(2), 46G(3), 46I(3), or 46Q(2)
2: After carrying out his or her obligations under subsection (1), the counsellor must provide a report to the Registrar stating whether the parties have resolved the dispute.
3: A report provided under subsection (2) may also state any of the following:
a: details of the understandings reached between the parties:
b: details of the matters remaining in issue between the parties:
c: a recommendation as to the next step or steps to be taken by the parties.
4: The Registrar must give a copy of the counsellor's report to each party or to each party's lawyer.
5: A recommendation made by a counsellor under subsection (3)(c) is not binding on the parties or on the court.
46V: Number of sessions of counselling
The number of sessions of counselling to be carried out in respect of a referral under section 46F(2), 46G(3), 46I(3), 46P(3), 46Q(2), or 46ZA(4)
46W: Counselling fees and expenses
Fees in respect of counselling services carried out under section 46F(2), 46G(3), 46I(3), 46P(3), 46Q(2), or 46ZA(4)
a: may be determined in accordance with regulations made under this Act; and
b: are payable out of public money appropriated by Parliament for the purpose.
46X: Reference to mediator
1: This section applies to a referral to mediation under—
a: section 46F(3)
b: section 46H(3)
c: section 46J(3)
d: section 46R(2)
2: A mediator to whom a matter is referred must—
a: arrange to meet both of the parties, at such times and places (including the home of either party) as the mediator thinks fit for the purpose of mediation; or
b: request both of the parties to attend before the mediator at a specified time and place for the purposes of mediation.
3: Prior to the mediation, the mediator may meet with one of the parties, or both of the parties separately, if the mediator considers a meeting would enable him or her to do any or all of the following:
a: assess whether mediation is appropriate:
b: clarify the main issues between the parties:
c: determine with the parties—
i: who should attend the mediation:
ii: how the mediation should proceed:
d: gather any further information that may be relevant to the conduct of the mediation.
46Y: Duties of mediators
1: A mediator to whom a matter is referred under section 46F(3), 46H(3), 46J(3), or 46R(2)
a: identify the matters in issue between the parties; and
b: facilitate negotiations between the parties in respect of those matters; and
c: assist the parties to reach agreement on the resolution of those matters.
2: After carrying out his or her obligations under subsection (1), the mediator must provide a report to the Registrar stating whether the parties have resolved the dispute.
3: A report provided under subsection (2) may also state any of the following:
a: details of the resolution reached between the parties:
b: details of the matters on which resolution has not been reached between the parties:
c: a recommendation as to the next step or steps to be taken by the parties.
4: The Registrar must give a copy of the mediator's report to each party or to each party's lawyer.
5: A recommendation made by a mediator under subsection (3)(c) is not binding on the parties or on the court.
46Z: Mediation must be held in private
The only persons who may attend mediation before a mediator are as follows:
a: the parties to the mediation; and
b: a lawyer representing a party to the mediation, if the mediator considers that in all the circumstances attendance by a lawyer is appropriate; and
c: a lawyer appointed to act for a child, if an appointment under section 7 has been made; and
d: a child who is the subject of the matter in issue between the parties, if the mediator agrees; and
e: a person who the mediator agrees may attend as a support person for a party, if the party so requests.
46ZA: Child who is attending mediation may request counselling
1: This section applies where, under section 46Z(d)
2: The mediator must discuss with the child whether, prior to the child attending mediation, the child wishes to attend counselling for the purpose of clarifying his or her views on the matter in issue.
3: If the child wishes to attend counselling, the mediator must give notice of this to the Registrar of the Family Court from whom the mediation referral was received.
4: On receiving notice under subsection (3), the Registrar must arrange for the matter to be referred to a counsellor.
46ZB: Mediation may be adjourned
The mediator may from time to time adjourn the mediation.
46ZC: Duration of mediation
The duration of mediation to be carried out under section 46F(3), 46H(3), 46J(3), or 46R(2)
46ZD: Mediation fees and expenses
Fees in respect of mediation carried out under section 46F(3), 46H(3), 46J(3), or 46R(2)
a: may be determined in accordance with regulations made under this Act; and
b: are payable out of public money appropriated by Parliament for the purpose.
46ZE: Power to require attendance for counselling or mediation
1: This section applies where a person fails to comply with—
a: a request under section 46T(2)(b)
b: a request under section 46X(2)(b)
c: a request under section 46K(3)(b)
d: a request under section 68(4)(b) to attend the hearing of an application under section 68.
2: On an application for the purpose or on its own initiative, the court may issue a summons requiring the person to attend before the counsellor or the mediator, or to attend a mediation conference, at a time and place to be specified in the summons.
3: Section 159
46ZF: Privilege
1: No evidence is admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made—
a: to a counsellor or mediator exercising his or her functions under this Part; or
b: in the course of a mediation conference.
2: Nothing in subsection (1) applies to—
a: a report provided by a counsellor under section 46U(2)
b: a report provided by a mediator under section 46Y(2)
c: a record of the matters in issue at the conference made by a Chairperson under section 46L(4)
d: a consent order made under section 46N(1)
3: Except to the extent that it is necessary for a counsellor or mediator to do so in the proper discharge of his or her functions, every counsellor and every mediator commits an offence and is liable on Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Interpretation
Section 58 approved provider approved provider
a: approved—
i: by the chief executive as a Community Service under section 403 of the Children, Young Persons, and Their Families Act 1989; or
ii: by the Secretary; or
iii: by an officer of the court appointed under section 8(2) of the Family Courts Act 1980; and
b: nominated by the court or Registrar for the particular case.
10: Purpose and overview of sections 64 to 80
1: The heading to section 63 46Q, 46R, and sections
2: Section 63(1) 46Q, 46R, and sections
3: Section 63(2) 46Q, 46R, and sections
4: Section 63(2)(a) or mediation counselling
11: Guiding consideration and principles
Section 64(1) sections 68 to 77 sections 46ZE
12: Sections 65 to 67 repealed
Sections 65 to 67
13: Section 69 repealed
Section 69
14: Counsel to assist court
Section 130(1) , or direct the Registrar of the court to appoint, appoint
15: Reports from other persons
1: Section 133
2: If satisfied that it is necessary for the proper disposition of an application, the court may—
a: request a person whom the court considers qualified for the purpose to prepare a written cultural, medical, psychiatric, or psychological report on the child who is the subject of the application; or
b: direct the Registrar of the court to request a person whom the Registrar considers qualified for the purpose to prepare a written cultural, medical, psychiatric, or psychological report on the child who is the subject of the application.
2: Section 133(4) the report a report or to direct the Registrar of the court to request a report
16: Attendance at hearings generally
Section 137(6)
ab: to permit a McKenzie friend to be present; or .
17: New section 139 substituted
Section 139
139: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court.
18: Appeals to High Court
1: Section 143(2) section 44 or section 46 section 46C or 46F
2: Section 143(3) section 44 or section 46 section 46C or 46F
19: Appeal to Court of Appeal
Section 145(1)(a) section 44 or section 46 section 46C or 46F
20: Regulations
Section 147(2)
ba: providing for the determination of the number of sessions of counselling that may be carried out under section 46F(2), 46G(3), 46I(3), 46P(3), 46Q(2), or 46ZA(4)
bb: providing for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of counselling services carried out under section 46F(2), 46G(3), 46I(3), 46P(3), 46Q(2), or 46ZA(4)
i: the number of sessions of counselling determined to be carried out under section 46V
ii: whether counselling services are to be provided in a specified number of proceedings during a specified period:
bc: making provision for the determination of the duration of mediation that may be carried out under section 46F(3), 46H(3), 46J(3), or 46R(2)
bd: providing for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of mediation services carried out under section 46F(3), 46H(3), 46J(3), or 46R(2)
i: the duration of the mediation (not exceeding the maximum duration of mediation that may be carried out as determined under section 46ZC
ii: the time spent by the mediator in meeting with the parties prior to mediation; and
iii: the complexity of the matter in issue between the parties.
21: Other Acts not affected
Section 148(2) 66 and 69 and


Child Support Amendment Act 2008

1: Title
This Act is the Child Support Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2(1) brought into force 18 May 2009 Child Support Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Child Support Act 1991 OIC SR 2009/78 2009-05-18 Child Support Act 1991
4: New section 89X substituted
Section 89X
89X: Restriction on publication of reports of proceedings
1: No person may, without the leave of the Commissioner or a Family Court, publish a report of any proceedings under this subpart.
2: The Commissioner or a Family Court may grant leave under subsection (1)
3: Every person who contravenes subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
4: Nothing in this section applies to the publication of any report in any publication that—
a: is of a bona fide professional or technical nature; and
b: is intended for circulation among members of the legal profession, employees of the Crown, relationship counsellors, mediators, or social workers.
5: Nothing in section 81 of the Tax Administration Act 1994 prevents the publication of a report of any proceedings under this subpart—
a: with the leave of the Commissioner or a Family Court; or
b: in accordance with subsection (4)
5: New section 96P substituted
Section 96P
96P: Restriction on publication of reports of proceedings
1: No person may, without the leave of the Commissioner or a Family Court, publish a report of any proceedings under this Part.
2: The Commissioner or a Family Court may grant leave under subsection (1)
3: Every person who contravenes subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
4: Nothing in this section applies to the publication of any report in any publication that—
a: is of a bona fide professional or technical nature; and
b: is intended for circulation among members of the legal profession, employees of the Crown, relationship counsellors, mediators, or social workers.
5: Nothing in section 81 of the Tax Administration Act 1994 prevents the publication of a report of any proceedings under this Part—
a: with the leave of the Commissioner or a Family Court; or
b: in accordance with subsection (4)
6: New section 96ZF substituted
Section 96ZF
96ZF: Restriction on publication of reports of proceedings
1: No person may, without the leave of the Commissioner or a Family Court, publish a report of any proceedings under this Part.
2: The Commissioner or a Family Court may grant leave under subsection (1)
3: Every person who contravenes subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
4: Nothing in this section applies to the publication of any report in any publication that—
a: is of a bona fide professional or technical nature; and
b: is intended for circulation among members of the legal profession, employees of the Crown, relationship counsellors, mediators, or social workers.
5: Nothing in section 81 of the Tax Administration Act 1994 prevents the publication of a report of any proceedings under this Part—
a: with the leave of the Commissioner or a Family Court; or
b: in accordance with subsection (4)
7: Conduct of proceedings
Section 123
2: Section 11A
a: in a Family Court:
b: in any other court, in which case—
i: references in that section to the Family Court or Court must be read as references to that other court; and
ii: references in that section to the Family Court Judge or the Judge must be read as references to the Judge presiding at the hearing.
8: New section 124 substituted
Section 124
124: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.


1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Children, Young Persons, and Their Families Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 OIC SR 2009/79 2009-05-18 Children, Young Persons, and Their Families Act 1989
4: Appointment of barrister or solicitor to represent child or young person
1: Section 159
1: Where a child or young person who is the subject of any proceedings under Part 2 or Part 3A is not represented by a barrister or solicitor, the Court or the Registrar of the Court must appoint a barrister or solicitor to represent the child or young person—
a: in those proceedings:
b: for any other specified purpose (including in relation to other proceedings under this Act or any other Act) considered desirable.
2: Section 159(2) Where the Court appoints a barrister or solicitor under subsection (1) of this section, it shall Where a Court or a Registrar appoints a barrister or solicitor under subsection (1)
3: Section 159
3: Although the proceedings in respect of which any barrister or solicitor was appointed under subsection (1)(a) subsection (1)(b)
a: extend the barrister’s or solicitor’s appointment for any specified purpose; or
b: subject to subsection (2)
c: direct the Registrar of the Court to do either of these things.
5: Appointment of barrister or solicitor to assist Court
Section 160 , or direct the Registrar of the Court to appoint, appoint
6: Persons entitled to be present at hearing of proceedings in Family Court
1: Section 166(1)
na: accredited news media reporters:
nb: persons whom the Judge permits to be present as support persons for—
i: the child or young person on a request by that child or young person:
ii: a party on a request by that party: .
2: Section 166
2: The Judge must agree to a request under subsection (1)(nb)
3: If, during the hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)(nb)
4: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
7: Persons entitled to be present at hearing of application under section 371
1: Section 373(1)
ka: persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) to (f) on a request by that person: .
2: Section 373
1A: The Judge must agree to a request under subsection (1)(ka)
3: Section 373(2) shall and any support person whom the Judge permitted to be present under subsection (1)(ka)
4: Section 373
3: Nothing in this section limits any other power of the Court—
a: to hear the application in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
8: New section 437A inserted
The following section is inserted after section 437
437A: Publication of reports of proceedings under Part 2, Part 3A, or section 371
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
9: Restriction on publication of reports of proceedings
1: Section 438 Publication of reports of proceedings under Part 4
2: Section 438(1) this Act Part 4
3: Section 438(2)(a)(ii)
a: inserting , counsellors and mediators carrying out duties under the Care of Children Act 2004 Act
b: omitting welfare
4: Section 438(3) this Act Part 4
5: Section 438(3)(d) In the case of proceedings under Part 4 of this Act,


Domestic Violence Amendment Act 2008

1: Title
This Act is the Domestic Violence Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Domestic Violence Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Domestic Violence Act 1995 OIC SR 2009/80 2009-05-18 Domestic Violence Act 1995 OIC Domestic Violence Act 1995
4: Interpretation
Section 2 approved provider contact supervised contact
5: Court may impose special conditions
Section 27
2: Without limiting subsection (1), a condition imposed under that subsection may relate to either or both of the following matters:
a: the manner in which the respondent or the associated respondent, or both, are to have contact with a child, and any arrangements necessary to facilitate that manner of contact:
b: the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with any other protected person.
2A: Where a condition imposed under subsection (1) relating to the matter set out in subsection (2)(a)
a: under the supervision of an approved provider; or
b: in the immediate presence of a person approved by the Court (for example, a relative, a friend of the family of the child, or any other person whom the Court considers suitable).
6: New section 28A inserted
The following section is inserted after section 28
28A: Costs of formal supervised contact
1: This section applies only to a supervised contact that—
a: is imposed as a condition of a protection order under section 27(1); and
b: is supervised by an approved provider.
2: The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 127(aa)
3: Fees in respect of the contact—
a: must be determined in accordance with regulations made under section 127(ab)
b: are payable out of public money appropriated by Parliament for the purpose.
7: Notice of absence from programme
Section 39(2)
8: Programme provider may request variation of direction
Section 41(2)
9: New section 41A inserted
The following section is inserted after section 41
41A: Powers of Registrar on receipt of notice under section 39 or 41
1: On receiving a notice under section 39 or 41, the Registrar must, without delay, either—
a: exercise the powers under section 82, as if he or she were the Court referred to in that section, to call the respondent or, as the case may be, the associated respondent before the Court; or
b: bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 42 in relation to the respondent or, as the case may be, the associated respondent.
2: Where the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)(a)
10: Judge may call respondent or associated respondent before Court
1: Section 42(1)(b) section 39(2) or section 41(2) of this Act section 41A(1)(b)
2: Section 42(2) to (5)
11: New section 42A inserted
The following section is inserted after section 42
42A: Respondent or associated respondent called before Court
1: Where a respondent or an associated respondent appears before the Court under section 41A(1)(a)
2: The Court may not vary or discharge a direction confirmed or varied under section 37 unless a variation of that direction has been requested under section 41.
3: Where the Court confirms or varies a direction under subsection (1)
4: Failure to give the warning required by subsection (3)
12: Conduct of proceedings
1: Section 83(1)
fa: accredited news media reporters: .
2: Section 83(3) and any accredited news media reporter witness
3: Section 83
5: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
13: New section 125 substituted
Section 125
125: Restriction of publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
14: Regulations
Section 127
aa: providing for the determination, for the purposes of section 28A(2)
ab: providing for the determination, for the purposes of section 28A(3)
i: according to the number of sessions of supervised contact determined to be carried out under section 28A(2)
ii: according to whether supervised contact is to be carried out in a specified number of proceedings during a specified period:


Family Courts Amendment Act 2008

1: Title
This Act is the Family Courts Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Family Courts Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Family Courts Act 1980 OIC 2009-05-18 Family Courts Act 1980 except sections 4 and 5 of this Act OIC Family Courts Act 1980 sections 4 and 5 of this Act
4: New sections 7A and 7B inserted
Section 4 repealed 31 March 2014 section 17A Family Courts Act 1980
5: Counselling supervisors, counsellors, and other officers
Section 5 repealed 31 March 2014 section 17A Family Courts Act 1980
6: Avoidance of unnecessary formality
Section 10
2: A Judge sitting in a Family Court may wear a gown, but must not wear a wig.
3: A lawyer appearing in a Family Court must not wear a gown or a wig.
7: New sections 11A to 11D inserted
The following sections are inserted after section 11
11A: Attendance at hearings
1: Unless the Act under which proceedings are brought provides otherwise, the only persons who may attend a hearing of proceedings in a Family Court are as follows:
a: officers of the Court:
b: parties to the proceedings:
c: lawyers representing parties to the proceedings:
d: witnesses:
e: accredited news media reporters:
f: persons whom the Family Court Judge permits to be present as support persons for a party on a request by that party:
g: any other persons whom the Family Court Judge permits to be present.
2: The Family Court Judge must agree to a request under subsection (1)(f)
3: No support persons may help a party conduct his or her case.
4: If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)(f)
5: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
11B: Publication of reports of proceedings
1: Any person may publish a report of proceedings in a Family Court.
2: Subsection (1) subsection (3)
3: A person may not, without the leave of the Court, publish a report of proceedings in a Family Court that includes identifying information where—
a: a person under the age of 18 years—
i: is the subject of the proceedings; or
ii: is a party to the proceedings; or
iii: is an applicant in the proceedings; or
iv: is referred to in the proceedings; or
b: a vulnerable person—
i: is the subject of the proceedings; or
ii: is a party to the proceedings; or
iii: is an applicant in the proceedings.
4: However, subsection (3)
a: a report of proceedings in a publication that—
i: is genuinely of a professional or technical nature (including a publication that is intended for circulation among members of the legal or medical professions, officers of the Public Service, psychologists, counsellors, mediators, or social workers); and
ii: does not include the name of—
A: any person under the age of 18 years who is the subject of the proceedings, or who is referred to in the proceedings:
B: any vulnerable person who is the subject of the proceedings:
C: any parties or applicants in the proceedings where subsubparagraph (A) or (B)
D: any school that a person who is the subject of proceedings under the Children, Young Persons, and Their Families Act 1989 is or was attending, or any other particulars likely to lead to the identification of that school:
b: a publication of statistical information relating to the proceedings.
5: The Court may grant leave under subsection (3)
6: Every person who contravenes this section commits an offence against this Act and is liable on summary conviction,—
a: in the case of an individual, either to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
7: Subsection (6)
8: This section is subject to any other enactment relating to the publication or regulation of the publication of reports or particulars of a Family Court proceeding.
11C: Meaning of identifying information
1: For the purposes of section 11B identifying information
a: a party to the proceedings:
b: an applicant in the proceedings:
c: a person who is the subject of the proceedings:
d: a person who is related to, or associated with, a person referred to in paragraphs (a) to (c)
2: For the purposes of section 11B identifying information
11D: Meaning of vulnerable person
For the purposes of section 11B vulnerable person
a: a person in respect of whom a Family Court has jurisdiction under Part 1 or 3 of the Protection of Personal and Property Rights Act 1988:
b: a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988:
c: a person subject to a property order under the Protection of Personal and Property Rights Act 1988:
d: a donor of an enduring power of attorney who is involved in proceedings under Part 9 of the Protection of Personal and Property Rights Act 1988:
e: a person who is a proposed patient, patient, or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
f: a person who has applied to a Family Court for the issue of a declaration under section 28 of the Births, Deaths, and Marriages Registration Act 1995:
g: a person who is a proposed care recipient or care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
h: a person who has applied for a protection order under the Domestic Violence Act 1995, or in respect of whom a protection order has been made under that Act:
i: a person whom the Court considers likely for any other reason to be particularly susceptible to any adverse consequences associated with the publication of a report of the proceedings that contains identifying information.
8: Family Courts Rules
Section 16A(2)(b)
9: New sections 16B and 16C inserted
The following sections are inserted after section 16A
16B: Regulations
1: The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing fees payable in respect of proceedings, or intended proceedings, in a Family Court:
b: in order to promote access to justice, empowering Registrars or Deputy Registrars of Family Courts to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (c)
i: the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
ii: unless one or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
c: prescribing, for the purposes of the exercise of a power under paragraph (b)
i: for assessing a person’s ability to pay a fee; and
ii: for identifying proceedings that concern matters of genuine public interest:
d: empowering Registrars or Deputy Registrars of Family Courts to postpone the payment of a fee pending the determination of—
i: an application for the exercise of a power specified in paragraph (b)
ii: an application for review under section 16C
e: providing for the postponement of the payment of a fee, including (without limitation) providing—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
f: providing for the manner in which an application for the exercise of a power specified in paragraph (b) or (d)
g: prescribing the qualifications required to be held by persons appointed as Senior Family Court Registrars.
2: No fee is payable for an application for the exercise of a power specified in subsection (1)(b) or (d)
16C: Reviews of decisions of Registrars concerning fees
1: Any person who is aggrieved by a decision of a Registrar or Deputy Registrar under regulations made under section 16B(1)(b)
2: An application under subsection (1)
a: 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar; or
b: any further time that the Judge allows on application made for that purpose either before or after the expiration of that period.
3: The application may be made informally.
4: The review—
a: must be conducted by rehearing; and
b: may be dealt with on the papers, unless the Judge decides otherwise.
5: The Judge may confirm, modify, or reverse the decision.
6: No fee is payable for an application under this section.


Family Proceedings Amendment Act 2008

1: Title
This Act is the Family Proceedings Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Family Proceedings Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Family Proceedings Act 1980 OIC SR 2009/83 2009-05-18 Family Proceedings Act 1980 sections 5, 7, 13, 15(1), 15(3–4), 17(1–2) and 21–26 of this Act are brought into force on 18 May 2009 OIC Family Proceedings Act 1980 sections 4, 6, 8–12, 14, 15(2), 16, 17(3). 18–20 and 27 of this Act are to be brought into force by OIC
4: Interpretation
Section 2 mediator
a: a person nominated by a Family Court from a list of mediators prepared by an officer of the Family Court appointed under section 8(2) of the Family Courts Act 1980:
b: a mediator appointed pursuant to the Family Courts Act 1980 .
5: New heading to Part 2 substituted
The heading to Part 2 Dispute resolution
6: Duty of legal advisers to promote reconciliation and conciliation
Section 8 or the Care of Children Act 2004
7: New heading inserted
The following heading is inserted above section 9 Counselling
8: Counselling where proceedings commenced
1: Section 10(2)
a: omitting either
b: adding the following subparagraph:
iii: the applicant and the respondent have attended mediation before a mediator with or without a request under section 12C .
2: Section 10(4) or on an application by a party to a marriage, civil union, or de facto relationship for an order under the Care of Children Act 2004 with respect to the role of providing day-to-day care for a child of the marriage, civil union, or de facto relationship
9: New section 11 substituted
Section 11
11: Reference to counsellor
A counsellor to whom a matter is referred under section 9, 10, 12C(3)
a: arrange to meet either or both of the spouses or civil union partners or de facto partners (the parties
b: request either or both of the parties to attend before the counsellor at a specified time and place for the purposes of counselling.
10: New section 12 substituted
Section 12
12: Duties of counsellors
1: A counsellor to whom a matter is referred under section 9, 10, 12C(3)
a: must explore the possibility of reconciliation between the parties; and
b: if reconciliation does not appear to be possible, must attempt to promote conciliation between the parties.
2: After carrying out his or her obligations under subsection (1)
a: whether the parties wish to resume or continue the marriage, civil union, or de facto relationship; and
b: if the parties do not wish to resume or continue the marriage, civil union, or de facto relationship and there is a matter in issue between them, whether that issue has been resolved.
3: A report provided under subsection (2)
a: details of the understandings reached between the parties:
b: details of the matters remaining in issue between the parties:
c: a recommendation as to the next step or steps to be taken by the parties.
4: The Registrar must give a copy of the counsellor’s report to each party or to each party’s barrister or solicitor.
5: A recommendation made by a counsellor under subsection (3)(c)
11: New sections 12A and 12B substituted
Sections 12A 12B
12A: Number of sessions of counselling
The number of sessions of counselling to be carried out pursuant to section 9, 10, 12C(3)
12B: Counselling fees and expenses
Fees in respect of counselling services carried out pursuant to section 9, 10, 12C(3)
a: may be determined in accordance with regulations made under this Act; and
b: are payable out of public money appropriated by Parliament for the purpose.
12: New heading and sections 12C to 12J inserted
The following heading and sections are inserted after section 12B Mediation
12C: Requests for mediation
1: Either party to a marriage, civil union, or de facto relationship may request a Registrar of a Family Court to arrange mediation in respect of the marriage, civil union, or de facto relationship.
2: Where a request has been made to a Registrar under subsection (1)
3: Where a request has been made to a Registrar under subsection (1)
12D: Mediation where proceedings commenced
1: On the filing of an application for a separation order, a Registrar of a Family Court may, if he or she thinks it expedient to do so, arrange for the matter to be referred to a mediator.
2: On an application under section 67 for a maintenance order a Family Court Judge may, if he or she thinks it expedient to do so, and without limiting his or her power to make an interim maintenance order, direct a Registrar of a Family Court to arrange for the matter to be referred to a mediator, and on receipt of a direction under this subsection, the Registrar must refer the matter accordingly.
3: If, not less than 42 days after the date on which the Registrar has arranged for the matter to be referred to a mediator under subsection (1) or (2)
4: Nothing in subsection (3)
12E: Reference to mediator
1: A mediator to whom a matter is referred under section 12C, 12D
a: arrange to meet both of the spouses or civil union partners or de facto partners (the parties
b: request both of the parties to attend before the mediator at a specified time and place for the purposes of mediation.
2: Prior to the mediation, the mediator may meet with one of the parties, or both of the parties separately, if the mediator considers a meeting would enable him or her to do any or all of the following:
a: assess whether mediation is appropriate:
b: clarify the main issues between the parties:
c: determine with the parties—
i: who should attend the mediation:
ii: how the mediation should proceed:
d: gather any further information that may be relevant to the conduct of the mediation.
12F: Duties of mediators
1: A mediator to whom a matter is referred under section 12C, 12D
a: identify the matters in issue between the parties; and
b: facilitate negotiations between the parties in respect of those matters; and
c: assist the parties to reach agreement on the resolution of those matters.
2: After carrying out his or her obligations under subsection (1)
a: whether the parties wish to resume or continue the marriage, civil union, or de facto relationship; and
b: if the parties do not wish to resume or continue the marriage, civil union, or de facto relationship, and there is a matter in issue between them, whether that issue has been resolved.
3: A report provided under subsection (2)
a: details of the resolution reached between the parties:
b: details of the matters on which resolution has not been reached between the parties:
c: a recommendation as to the next step or steps to be taken by the parties.
4: The Registrar must give a copy of the mediator’s report to each party or to each party’s barrister or solicitor.
5: A recommendation made by a mediator under subsection (3)(c)
12G: Mediation must be held in private
The only persons who may attend mediation before a mediator are as follows:
a: the parties to the mediation; and
b: a barrister or solicitor representing a party to the mediation, if the mediator considers that in all the circumstances attendance by a barrister or solicitor is appropriate; and
c: a person whom the mediator agrees may attend as a support person for a party, if the party requests.
12H: Mediation may be adjourned
The mediator may from time to time adjourn the mediation.
12I: Duration of mediation
The duration of mediation to be carried out under section 12C, 12D
12J: Mediation fees and expenses
Fees in respect of mediation carried out under section 12C, 12D
a: may be determined in accordance with regulations made under this Act; and
b: are payable out of public money appropriated by Parliament for the purpose.
13: New heading inserted
The following heading is inserted above section 13 Mediation conferences
14: Mediation conference
1: Section 13(1)(c)
2: Section 13(2)
b: inform each of the parties to the application of the time and place of the mediation conference and request them to attend.
15: Procedure at mediation conference
1: Section 14(1) Chairman Chairperson
2: Section 14(3)
3: Section 14(6) Chairman Chairperson
4: Section 14(7) Chairman Chairperson
16: New section 14A inserted
The following section is inserted after section 14
14A: Attendance at mediation conference
1: In addition to the parties, the following persons may attend a mediation conference:
a: a barrister or solicitor representing a party, if the party so requests:
b: a person who the Chairperson agrees may attend as a support person for a party, if the party so requests.
2: A barrister or solicitor attending a mediation conference at the request of a party may assist and advise that party.
3: The Chairperson must agree to a request under subsection (1)(b)
4: Except to the extent provided in subsection (1)
5: If, during a mediation conference, the Chairperson requests a support person to leave the mediation conference, the support person must do so.
17: Power of Chairman to make consent orders
1: The heading to section 15 Chairman Chairperson
2: Section 15(1) Chairman Chairperson
3: Section 15(1)(b)
18: Power to require attendance for counselling or mediation
1: Section 17(1)
ab: a request under section 12E(1)(b) .
2: Section 17(1)
a: inserting , mediator, counsellor
b: inserting or the mediator, counsellor
c: inserting , mediation conference
19: New section 18 substituted
Section 18
18: Privilege
1: No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made—
a: to a counsellor or mediator exercising his or her functions under this Part; or
b: in the course of a mediation conference.
2: Nothing in subsection (1)
a: a report provided by a counsellor under section 12(2)
b: a report provided by a mediator under section 12F(2)
c: a record of the matters in issue at the conference made by a Chairperson under section 14(7); or
d: a consent order made under section 15, or to any proceedings for the review of such an order.
3: Except to the extent that it is necessary for a counsellor or mediator to do so in the proper discharge of his or her functions, every counsellor and every mediator commits an offence and is liable on summary conviction to a fine not exceeding $500 who discloses to any other person any information, statement, or admission received by or made to him or her in the exercise of his or her functions under this Part.
20: Duty of Courts as to reconciliation and conciliation
1: Section 19(1) and in all proceedings under the Care of Children Act 2004 between spouses, civil union partners, or de facto partners for any order about the role of providing day-to-day care for a child, or about contact with a child,
2: Section 19(2)(b) or mediator counsellor
21: Discharge or variation of registered or confirmed order
Section 142
2: If it appears to the Court, on an application under subsection (1), that the order it proposes to make is one that, if made provisionally, may be confirmed under the law of the country in which the maintenance order was made, the New Zealand Court may, instead of making the proposed order, make a provisional order.
2A: An order proposed to be made under subsection (1) must be a provisional order if—
a: a reciprocal agreement is in force with the country in which the maintenance order was made (pursuant to an Order in Council made under section 215 of the Child Support Act 1991); and
b: under that agreement only a provisional order may be made.
2B: A provisional order has no effect unless and until it is confirmed by a competent Court in the country in which the maintenance order was originally made.
2C: Where the Court makes a provisional order under subsection (2), section 147(5) to (9) apply, except that the Court must, instead of sending the statement referred to in section 147(6)(c), send a statement of the grounds on which the provisional order has been made.
22: Discharge, variation, etc, of child maintenance order
Section 142B
6: This section is subject to section 142E.
23: Court may make provisional order discharging, etc, child maintenance order
1: The heading to section 142E Court may make provisional Provisional
2: Section 142E
1A: An order proposed to be made under subsection (1) must be a provisional order if—
a: a reciprocal agreement is in force with the country in which the maintenance order was made (pursuant to an Order in Council made under section 215 of the Child Support Act 1991); and
b: under that agreement only a provisional order may be made.
24: Conduct of proceedings
1: Section 159(2)
ca: accredited news media reporters:
cb: persons whom the Judge permits to be present as support persons for a party on a request by that party: .
2: Section 159
3: The Judge must agree to a request under subsection (2)(cb)
4: No support persons may help a party conduct his or her case.
5: If, during a hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (2)(cb)
6: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
25: New section 169 substituted
Section 169
169: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
26: Section 186 repealed
Section 186
27: Regulations
Section 187
cd: making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of mediation services carried out pursuant to section 12C, 12D
i: the duration of the mediation (not exceeding the maximum duration of mediation that may be carried out determined under section 12I
ii: the time spent by the mediator in meeting with the parties prior to the mediation; and
iii: the complexity of the matter in issue between the parties:
ce: making provision for the determination of the duration of mediation that may be carried out pursuant to section 12C, 12D .


Family Protection Amendment Act 2008

1: Title
This Act is the Family Protection Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Family Protection Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Family Protection Act 1955 OIC 2009-05-18 Family Protection Act 1955
4: Claims against estate of deceased person for maintenance
Section 4
3: An application must be served on the following persons:
a: the spouse or civil union partner of the deceased:
b: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death:
c: a child of a marriage, civil union, or de facto relationship of the deceased, or a child of a marriage, civil union, or de facto relationship of any such child:
d: a person entitled to apply who the Registrar of the Court considers, in his or her discretion, ought to be served because there are special circumstances rendering that desirable:
e: a person entitled to apply who the Court considers, in its discretion, ought to be served because there are special circumstances rendering that desirable.
3A: Where an application has been filed, orders for representation must be made in respect of the following persons:
a: the persons referred to in subsection (3)(a) to (c)
b: any other person entitled to apply who the Court considers, in its discretion, ought to be represented because there are special circumstances rendering that desirable.
3B: Except as provided in subsections (3) and (3A)
a: serve an application on any person; or
b: make provision for the representation of any person on an application.


1: Title
This Act is the Intellectual Disability (Compulsory Care and Rehabilitation) Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Intellectual Disability (Compulsory Care and Rehabilitation) Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 OIC 2009-05-18 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
4: New section 130 substituted
Section 130
130: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.


1: Title
This Act is the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Mental Health (Compulsory Assessment and Treatment) Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Mental Health (Compulsory Assessment and Treatment) Act 1992 OIC SR 2009/85 2009-05-18 Mental Health (Compulsory Assessment and Treatment) Act 1992
4: New section 25 substituted
Section 25
25: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.


1: Title
This Act is the Property (Relationships) Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Property (Relationships) Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Property (Relationships) Act 1976 OIC 2009-05-18 Property (Relationships) Act 1976
4: New section 2BAA inserted
The following section is inserted after section 2B
2BAA: Civil union includes immediately preceding de facto relationship
For the purposes of this Act, if a civil union was immediately preceded by a de facto relationship between the 2 civil union partners ( A B Example of civil union including immediately preceding de facto relationship If the de facto relationship of A and B lasts 1 year, and their civil union lasts 2 years, the civil union must be treated as if it—
a: began 3 years ago; and
b: lasted 3 years.
5: New section 35 substituted
Section 35
35: Attendance at hearings
Section 11A
a: in a Family Court:
b: in any other court, in which case—
i: references in that section to the Family Court or Court must be read as references to that other court; and
ii: references in that section to the Family Court Judge or the Judge must be read as references to the Judge presiding at the hearing.
6: New section 35A substituted
Section 35A
35A: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
7: New section 97A inserted
The following section is inserted after section 97
97A: Transitional provisions applying in respect of section 2BAA
1: In this section, specified date Property (Relationships) Amendment Act 2008
2: Where the hearing of any proceedings in which the duration of a civil union is in issue commenced before the specified date, the proceedings continue as if section 2BAA
3: Where the hearing of any proceedings in which the duration of a civil union is in issue commenced after the specified date, the proceedings continue as if section 2BAA


1: Title
This Act is the Protection of Personal and Property Rights Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Protection of Personal and Property Rights Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Protection of Personal and Property Rights Act 1988 OIC SR 2009/87 2009-05-18 Protection of Personal and Property Rights Act 1988
4: Appointment of barrister or solicitor by Court
1: The heading to section 65 or Registrar
2: Section 65(1)
a: omitting shall or the Registrar of a Court must
b: inserting or the Registrar Court
3: Section 65(3) , or direct the Registrar of the Court to appoint, appoint
5: Court may call for report on person
1: Section 76
1: On an application for the exercise of the Court’s jurisdiction under this Act, a Court may, if it is satisfied that it is necessary for the proper disposition of the application,—
a: request any person whom it considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made; or
b: direct the Registrar of the Court to request any person whom the Registrar considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made.
2: Section 76(2) or make a direction report
6: New section 79 substituted
Section 79
79: Attendance at hearings
1: The following persons may attend a hearing of an application under this Act:
a: officers of the Court:
b: parties to the proceedings:
c: lawyers representing parties to the proceedings:
d: the person in respect of whom the application is made:
e: the lawyer representing the person in respect of whom the application is made:
f: a barrister or solicitor appointed under section 65(3) to assist the Court:
g: witnesses:
h: accredited news media reporters:
i: persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) and (d)
j: any other person whom the Judge permits to be present.
2: The Family Court Judge must agree to a request under subsection (1)(i)
3: No support persons may help a party conduct his or her case.
4: If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)(i)
5: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
7: New section 80 substituted
Section 80
80: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.