Family Law Amendment Regulations 1998 (No. 4) 1998 No. 270
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 270
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
FAMILY LAW ACT 1975
FAMILY LAW AMENDMENT REGULATIONS 1998
Subsection 125(1) of the Family Law Act 1975 (the Act) provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 19P(1) of the Act provides that the regulations may prescribe requirements to be complied with by community mediators and private mediators in relation to the family and child mediation services they provide.
The purpose of Part 5, Division 2 of the Family Law Regulations (the Regulations), which commenced on 11 June 1996, is to govern the qualifications and procedural matters which family and child mediators are required to meet in order to provide family and child mediation under the Act.
The Regulations have been reviewed by the National Alternative Dispute Resolution Advisory Council (NADRAC) and a number of recommendations were made to the Attorney-General in March 1997. In addition, since the making of those recommendations, there have been ongoing developments in the field of family and child mediation which the Government wishes to consider thoroughly and in conjunction with the NADRAC recommendations before completing its review of the Regulations.
In the mean time, subregulation 60(3) requires experienced family and child mediators (as defined in the subregulation) who do not meet the tertiary qualifications requirements in subregulations 60(1) and 60(2) to enrol in a course of study of the kind described in subregulation 60(1) by 31 August 1998.
Subregulation 60(4) provides that a person who is providing family and child mediation through a non-profit organisation funded by the Commonwealth or a State or Territory and is substantially providing family and child mediation (paragraph 60(3)(b)) who does not meet these requirements may not continue to provide family and child mediation after 31 August 1998 unless they have complied with subregulation 60(3).
This amendment extends the date by which experienced mediators are required to enrol in an appropriate tertiary course to 31 August 1999. This will enable the more comprehensive review of the regulations within the context of recent developments to be completed without disadvantaging those mediators affected by subregulation 60(3).
Details of the Regulations are as follows:
Regulation 1 - Name of regulations
Regulation 1 names the regulations the Family Law Amendment Regulations 1998.
Regulation 2 - Commencement
Regulation 2 provides that the regulations commence on 1 September 1998. Note No. 1 refers to the date of gazettal.
Regulation 3 - Amendment
Regulation 3 provides for the Family Law Regulations to be amended as set out in these Regulations.
Regulation 4 - Citation
Regulation 4 amends the title of the existing regulations to "Family Law Regulations 1984". This is an update of drafting style.
Regulation 5 - Regulation 60 (Community Mediators and Private Mediators Qualifications, Training and Experience
Regulation 5.1 provides for the date for enrolment by an experienced mediator in a course of tertiary study in subparagraph 60(3)(a)(i) to be amended from 31 August 1998 to 31 August 1999.
Regulation 5.2 provides for a consequent amendment to the date in subregulation 60(4) from 31 August 1998 to 31 August 1999.
Note No. 2 provides for the Statutory Rules number for the amending regulations.
Overview
The Family Law Amendment Regulations 1998 (No. 4) were enacted to address the need for a more comprehensive review of the qualifications and procedural requirements for family and child mediators under the Family Law Act 1975. This amendment was introduced by the Australian Government and was issued under the authority of the Attorney-General. The policy objective behind these regulations was to ensure that mediators met appropriate standards while allowing sufficient time for a thorough review of the regulations in light of recent developments and recommendations from the National Alternative Dispute Resolution Advisory Council (NADRAC). These regulations specifically extended the deadline for experienced mediators who did not meet tertiary qualifications requirements to enrol in a relevant course of study, from 31 August 1998 to 31 August 1999. This extension was intended to prevent any immediate disadvantage to mediators while the broader review of the regulations was undertaken.
Scope and Application
The Family Law Amendment Regulations 1998 (No. 4) serve to modify existing regulations concerning the qualifications and procedural requirements for community and private mediators involved in family and child mediation under the Family Law Act 1975. These regulations apply to individuals or entities engaged in mediation services within the family law context, specifically targeting experienced mediators who need to meet certain tertiary qualifications. The amendment extends the deadline for such mediators to enroll in appropriate tertiary courses from 31 August 1998 to 31 August 1999, as per Regulation 5.1 and 5.2. These regulations, which are applicable on a national level, are intended to ensure that mediators comply with updated standards and qualifications, reflecting recent developments and recommendations from the National Alternative Dispute Resolution Advisory Council. The changes are designed to allow for a more thorough review of the regulatory framework while accommodating the needs of mediators who may require additional time to meet the new requirements.
Key Provisions
The Family Law Amendment Regulations 1998 (No. 4) (the Regulations) primarily focus on extending the deadline for experienced family and child mediators to meet certain tertiary qualification requirements. Regulation 5.1 amends Regulation 60(3) (Community Mediators and Private Mediators Qualifications, Training and Experience) to extend the enrolment deadline for experienced mediators into an appropriate tertiary course from 31 August 1998 to 31 August 1999. Regulation 5.2 makes a consequential amendment to subregulation 60(4) to align the cut-off date for continued mediation services from 31 August 1998 to 31 August 1999. These changes ensure that experienced mediators who do not meet the tertiary qualification requirements will have an additional year to complete their studies without ceasing to provide mediation services.
The obligations imposed by the Regulations on family and child mediators are primarily centred around ensuring that they meet certain educational and experiential benchmarks to maintain their eligibility to provide mediation services. Specifically, Regulation 60 mandates that experienced mediators must enrol in a course of tertiary study by 31 August 1999. This requirement is critical for those mediators who do not already hold the specified tertiary qualifications. Additionally, any mediator providing services through a non-profit organisation funded by the Commonwealth or a State or Territory must also comply with these educational requirements to continue their practice.
Non-compliance with the provisions set out in the Regulations can lead to significant consequences for mediators. If an experienced mediator fails to enrol in a tertiary course by the extended deadline of 31 August 1999, they will no longer be permitted to provide family and child mediation services. This restriction is explicitly stated in subregulation 60(4). The Regulations do not specify any financial penalties for breach, but the inability to practice as a mediator represents a substantial professional consequence. Therefore, it is crucial for mediators to adhere to these requirements to avoid losing their eligibility to provide mediation services under the Family Law Act 1975.