Family Law Amendment Regulations 2008 (No. 2)

Administered by Attorney-General's Department

Legislation au F2008L03471 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT


Select Legislative Instrument 2008 No. 182

 

Issued by Authority of the Attorney-General

 

Family Law Act 1975

 

Family Law Amendment Regulations 2008 (No. 2)

 

Section 125 of the Family Law Act 1975 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 10A (1) of the Act provides that the regulations may prescribe Accreditation Rules.  These are rules relating to, among other things, the accreditation of persons as family dispute resolution practitioners.  Subsection 10A (2) of the Act provides examples of matters the Accreditation Rules may deal with, such as the standards that are to be met by persons who seek to be accredited and how accreditation is to be recognised.

The purpose of the Regulations is to repeal the sections of the Family Law Regulations 1984 (the Principal Regulations) that will either be consolidated into, or are no longer required, due to the proposed Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (the New Regulations).  The New Regulations are the subject of a separate Minute.

The Regulations repeal the following provisions from the Principal Regulations: Parts 4A, 4B and 4C dealing with accreditation and registration of family dispute resolution practitioners and the listing of organisations; regulation 3AA, dealing with the definition and requirements of supervised family dispute resolution which are no longer be required after Parts 4A, 4B and 4C are repealed; regulation 83, which was a temporary (transitional) arrangement which expired on 1 July 2007; and Part 5, Division 1 dealing with family dispute resolution practitioners which is replicated in the New Regulations.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003. 

Schedule 1 of the Regulations commence on 1 January 2009.  It repeals parts of the Principal Regulations that have been moved to the New Regulations (commencing 1 January 2009) to avoid having identical provisions relating to the work of family dispute resolution practitioners operating at the same time. Schedule 2 commences on 1 July 2009 and repeals provisions in the Principal Regulations relating to accreditation and registration of practitioners (as those are replaced by the New Regulations from 1 July 2009). The different commencement dates allow practitioners to continue to be accredited and registered under the Principal Regulations prior to
1 July 2009, but also means that practitioners can be progressively registered as they meet the new requirements from 1 January 2009. 

Details of the New Regulations are as follows:

Regulation 1 – Name of Regulations

Regulation 1 provides that the title of these regulations is the Family Law Amendment Regulations 2008 (No. 2).

Regulation 2 – Commencement

This provides for the Regulations to start on 1 January 2009 or on 1 July 2009.

Regulations 1 to 3 and Schedule 1 commence on 1 January 2009. Schedule 1 repeals the parts of the Principal Regulations that are moved to the New Regulations which commence on 1 January 2009. These Parts relate to the work of family dispute resolution practitioners, issuing a certificate and the certificate itself. This avoids having identical provisions operating at the same time. The other changes in Schedule 1 allow the changes to titles and numbering necessary to ensure the Principal Regulations flow logically after the removal of these parts.

Schedule 2 commences on 1 July 2009. Schedule 2 repeals the parts of the Principal Regulations (Parts 4A, 4B and 4C) relating to the accreditation and registration of family dispute resolution practitioners. Repealing these parts on 1 July 2009 allows the Principal Regulations to continue to operate in parallel with the New Regulations. This means that family dispute resolution practitioners can continue to be accredited and registered under the Principal Regulations before 1 July 2009. The operation of the New Regulations means that practitioners can be progressively registered under these as they meet the new requirements. This will allow a smoother transition to the new accreditation requirements.

Regulation 3 – Amendment of Family Law Regulations 1984

This Regulation provides for the amendment of the Principal Regulations as set out in Schedules 1 and 2.

Schedule 1 – Amendments commencing on 1 January 2009

Item [1] – Regulation 12CAA Certificate by family dispute resolution practitioner

This item repeals regulation 12CAA, dealing with the form of certificate to be used by family dispute resolution practitioners as it is included in the New Regulations at regulation 27.

Item [2] - Part 5, heading

This heading to Part 5 of the Principal Regulations is changed to reflect the removal of the provisions dealing with family dispute resolution. The heading reads: ‘Part 5 Arbitration’ (rather than Part 5 Family Dispute Resolution and Arbitration).

Item [3] – Part 5, Division 1

Division 1 of Part 5 of the Principal Regulations provides for the assessment of suitability for family dispute resolution by a practitioner, family dispute resolution certificates, information to be provided before family dispute resolution commences and practitioner obligations. This Part of Division 1 has been moved to the New Regulations at Part 7.  This allows for the New Regulations to be consolidated to include all aspects relating to family dispute resolution which are spread out in several parts of the Principal Regulations.

Item [4] – Part 5, Division 2, heading

To ensure numbering and heading consistency, this removes the Division 2 heading.

Item [5] – Regulation 67A, heading

This heading to regulation 67A of the Principal Regulations is changed to reflect the removal of Division 1 and reads: ‘67A Definitions for Part 5’ (rather than Definitions for Division 2).

Item [6] – Regulation 67A

To reflect the removal of Division 1, the word ‘Division’ is removed and replaced by the word ‘Part’.

Item [7] – Schedule 7A

Schedule 7A prescribes the form for the certificate issued by a family dispute resolution practitioner under subsection 60I (8) of the Act.  Item 7 removes the prescribed form from the Principal Regulations.  The prescribed form is included in the New Regulations at Schedule 1.

Schedule 2 – Amendments commencing on 1 July 2009

Item [1] – Regulation 3, definitions of accredited family dispute resolution practitioner, family dispute resolution applicant, Family Dispute Resolution Register and supervised family dispute resolution

This item repeals definitions in the Principal Regulations that are no longer required due to the repeal of Parts 4A, 4B and 4C by item [3] below.

accredited family dispute resolution practitioner: this definition is no longer required in the Principal Regulations as the accreditation of family dispute resolution practitioners is dealt with in the New Regulations.

family dispute resolution applicant: this definition relates to registration in the Family Dispute Resolution Register, which is in Part 4B of the Principal Regulations, a part which has been repealed.

Family Dispute Resolution Register: this refers to the Register established and maintained in Part B, regulation 59A of the Principal Regulations. All aspects of registration of practitioners incorporated in Part 4B are repealed.

Supervised family dispute resolution: this refers to the meaning given in regulation 3AA of the Principal Regulations, which is repealed in Item 2 below.

Item [2] – Regulation 3AA Supervised family dispute resolution

This item repeals the definition of ‘supervised family dispute resolution’ which is no longer required due to the repeal of Parts 4A, 4B and 4C.

Item [3] – Parts 4A, 4B and 4C

Parts 4A, 4B and 4C of the Principal Regulations (which expire on 1 July 2009) are repealed by this item leaving the new Regulations as the only way to become accredited as a family dispute resolution practitioner from 1 July 2009.

Item [4] – Regulation 83

This item repeals regulation 83 of the Principal Regulations. This Regulation was a temporary (transitional) arrangement which expired on 1 July 2007. Regulation 83 has been obsolete since 1 July 2007.

Overview

The Family Law Amendment Regulations 2008 (No. 2) were enacted to facilitate the transition from the Family Law Regulations 1984 to a new regulatory framework, specifically addressing the accreditation and registration of family dispute resolution practitioners. These Regulations were issued under section 125 of the Family Law Act 1975 by the Governor-General, ensuring consistency with the overarching objectives of the Act. The primary objective of these Regulations is to streamline and consolidate the existing provisions concerning family dispute resolution practitioners by repealing certain sections of the Family Law Regulations 1984 that are either consolidated into the new regulations or deemed unnecessary. This legislative action aims to enhance the efficiency and effectiveness of the family dispute resolution process by implementing updated standards and practices. The Regulations, consisting of two schedules with different commencement dates, allow for a phased transition to the new accreditation requirements, ensuring practitioners have adequate time to comply with the updated standards.

Scope and Application

The Family Law Amendment Regulations 2008 (No. 2) serve to amend and repeal sections of the Family Law Regulations 1984, particularly focusing on the accreditation and registration of family dispute resolution practitioners. These Regulations are issued under section 125 of the Family Law Act 1975, which empowers the Governor-General to create regulations that are necessary for the effective implementation of the Act. The amendments and repeals in these Regulations are intended to streamline and consolidate the regulatory framework by incorporating provisions previously scattered across the Principal Regulations into the Family Law (Family Dispute Resolution Practitioners) Regulations 2008, which are set out in a separate legislative instrument. The Regulations aim to ensure that practitioners can transition smoothly to the new accreditation requirements while allowing existing provisions to remain in effect until their replacement by the new regulations is fully operational. The Family Law Amendment Regulations 2008 (No. 2) are applicable to family dispute resolution practitioners and the entities that oversee their accreditation and registration. These Regulations affect the conduct and transactions related to the accreditation process and the listing of organisations providing family dispute resolution services within the Commonwealth of Australia. The Regulations have a national reach, applying across all states and territories. They specify no particular exclusions or exemptions, though they do set thresholds and standards that practitioners must meet for accreditation. The Regulations also allow for further specifications through subordinate instruments, ensuring that the framework remains flexible and capable of adapting to future needs. The Regulations themselves are divided into two schedules, with Schedule 1 taking effect on 1 January 2009 and Schedule 2 on 1 July 2009, facilitating a gradual transition to the new regulatory requirements.

Key Provisions

The Family Law Amendment Regulations 2008 (No. 2) focus on amending the Family Law Regulations 1984 to streamline the regulatory framework for family dispute resolution practitioners. Section 125 of the Family Law Act 1975 empowers the Governor-General to make these regulations, which are designed to ensure that practitioners meet the necessary standards and that the registration processes are effective and efficient. Under Regulation 2, the Regulations commence on two different dates: Regulations 1 to 3 and Schedule 1 start on 1 January 2009, while Schedule 2 commences on 1 July 2009. This staggered commencement allows for a smooth transition, ensuring that existing practitioners can continue to operate under the old regulations while new practitioners are progressively registered under the new regime. The Regulations impose several obligations on family dispute resolution practitioners. Firstly, they must ensure that they are accredited in accordance with the new provisions outlined in the Family Law (Family Dispute Resolution Practitioners) Regulations 2008, which become effective from 1 July 2009. Practitioners must also comply with the updated requirements for the issuance of certificates and adhere to the new definitions and standards set forth in the Family Law Amendment Regulations 2008 (No. 2). Furthermore, the Regulations mandate that practitioners follow the updated procedures for registration and the maintenance of any necessary registers. These obligations are intended to ensure that all family dispute resolution practitioners are operating under a consistent and updated regulatory framework. Failure to comply with the provisions of these Regulations may result in various consequences. Firstly, practitioners who do not adhere to the new accreditation and registration requirements may face legal penalties. The Family Law Act 1975 provides that unauthorised practice as a family dispute resolution practitioner can be subject to civil or criminal penalties. Specifically, unauthorised practice can result in fines of up to $22,200 for individuals and $111,000 for bodies corporate, as stipulated under section 130 of the Act. Additionally, ongoing non-compliance could lead to further enforcement actions, including court orders and potential disqualification from practising as a family dispute resolution practitioner. Therefore, it is imperative that all practitioners familiarise themselves with and adhere to the new regulatory requirements to avoid any legal repercussions.

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Family Law
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Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.