Family Law Amendment Regulations 1999 (No. 2) 1999 No. 173
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 173
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
FAMILY LAW ACT 1975
FAMILY LAW AMENDMENT REGULATIONS 1999 (No. 2)
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 wished 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 1999.
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 1999 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 2001. This will enable the more comprehensive review of the regulations within the context of recent developments to have been completed without disadvantaging those mediators affected by subregulation 60(3). At 31 August 2001 the initial Regulations will have been in operation for five years, allowing time for mediation to have become more established in the community as an acceptable alternative form of dispute resolution, and for the community's expectation of professional and high quality services to be realised.
Details of the Regulations are as follows:
Regulation 1 - Name of Regulations
Regulation 1 names the Regulations the Family Law Amendment Regulations 1999 (No. 2).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on 1 September 1999.
Regulation 3 - Amendment of Family Law Regulations 1984
Regulation 3 provides for the Family Law Regulations to be amended as set out in Schedule 1.
Schedule 1 - Amendments
Schedule 1.1 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 1999 to 31 August 2001.
Schedule 1.2 provides for a consequential amendment to the date in subregulation 60(4) from 31 August 1999 to 31 August 2001.
Note No. 1 provides for the Statutory Rules number for the amending Regulations.
Note No. 2 refers to the date of gazettal.
Overview
The Family Law Amendment Regulations 1999 (No. 2), enacted by the Australian government, serve to modify the existing Family Law Regulations of 1984, specifically addressing the qualifications and procedural requirements for family and child mediators under the Family Law Act 1975. These regulations were introduced to ensure that family and child mediators meet certain standards to provide high-quality mediation services. The objective of these amendments is to facilitate a more comprehensive review of the regulations amidst ongoing developments in family and child mediation, ensuring that the community's expectations for professional services are met. This review was overseen by the National Alternative Dispute Resolution Advisory Council (NADRAC), which provided recommendations to the Attorney-General in March 1997. The amendments extend the deadline for experienced mediators to enrol in appropriate tertiary courses from 31 August 1999 to 31 August 2001, allowing time for the community to fully embrace mediation as a viable alternative dispute resolution method.
Scope and Application
The Family Law Amendment Regulations 1999 (No. 2) provide amendments to the Family Law Regulations 1984, which are subsidiary legislation made under the Family Law Act 1975. These Regulations extend the date by which experienced family and child mediators must enroll in an appropriate tertiary course from 31 August 1999 to 31 August 2001, as stated in Schedule 1.1 of the amending Regulations. This extension aims to facilitate a comprehensive review of the regulations in light of recent developments and to ensure that community expectations of professional and high-quality mediation services are met without disadvantaging experienced mediators who do not meet the tertiary qualifications requirements. Furthermore, Schedule 1.2 adjusts the consequential amendment to the date for experienced mediators providing family and child mediation through a non-profit organisation funded by the Commonwealth or a state or territory who do not meet these requirements, extending the cessation date from 31 August 1999 to 31 August 2001. These amendments apply to all family and child mediators within the Commonwealth of Australia, ensuring a consistent approach to the regulation of mediation services across all states and territories.
Key Provisions
The main operative sections of the Family Law Amendment Regulations 1999 (No. 2) include Regulation 1 which names the Regulations themselves, and Regulation 2 which sets the commencement date for 1 September 1999. Regulation 3 refers to the amendments of the Family Law Regulations 1984, as outlined in Schedule 1. Specifically, Schedule 1.1 extends the enrolment date for experienced mediators in a course of tertiary study from 31 August 1999 to 31 August 2001, and Schedule 1.2 adjusts the date in subregulation 60(4) to match this new enrolment date. These changes are necessary to accommodate a more thorough review of the regulations, taking into account recent developments in family and child mediation, and to ensure that experienced mediators have adequate time to meet the new qualifications requirements.
The Regulations impose obligations on parties and entities governed by them, primarily focusing on the qualifications and procedural matters that family and child mediators must meet. These include ensuring that experienced mediators enrol in an appropriate tertiary course by 31 August 2001, as per Schedule 1.1. Furthermore, mediators who are providing services through non-profit organisations funded by the Commonwealth or a State or Territory and are substantially providing family and child mediation, but do not meet the tertiary qualifications requirements, must comply with the extended enrolment date to continue their services, as per Schedule 1.2. Failure to adhere to these requirements could result in disqualification from providing family and child mediation services.
The Family Law Amendment Regulations 1999 (No. 2) do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the provided text. However, it can be inferred that any failure to comply with the requirements set out in the Regulations, such as not enrolling in the appropriate tertiary course by the stipulated date, may result in a mediator being prohibited from continuing to provide family and child mediation services. This prohibition would effectively be a civil consequence, as it restricts the mediator's ability to perform their professional duties. The exact nature of any potential penalties or consequences for non-compliance is not detailed in the provided text.