Primary Dispute Resolution under the Family Law Act
Consultation on a Quality Framework for Primary Dispute Resolution under the Family Law Act 1975
Background
Part 5 of the Family Law Regulations, concerning the regulatory framework for the provision of primary dispute resolution services under the Family Law Act 1975, commenced on 11 June 1996. Since this time, a strong and consistent theme in the Government's reform agenda has been to shift the focus away from litigation as the first choice for resolving family law disputes. Litigation is usually slow, expensive and by its nature, adversarial. But when people are able to settle matters for themselves, the arrangements they make are far more likely to suit all parties, they will have been reached more quickly and will cost less than if they are determined in Court.
Raising the Standard: A Quality Framework for Primary Dispute Resolution under the Family Law Act 1975
In the 1999-00 budget, a total of $15.7M was committed over three years to increase awareness of alternatives to litigation and to increase the availability of non-litigious dispute resolution services. Whilst the Government is committed to increasing primary dispute resolution services in family law, it is also keen to ensure that services are consistent and of a high quality. To this end, a consultation paper entitled Raising the Standard: A Quality Framework for Primary Dispute Resolution under the Family Law Act 1975 has been released for public comment.
The paper proposes that a comprehensive Quality Framework be developed to enable a broader range of service providers, who meet the standards, to practise. The proposed Quality Framework would also enable rationalisation of the current regulatory framework into two levels. It is envisaged that the first level, the Act and Regulations, would cover matters such as obligation to screen parties, the basis for refusal of mediation and the ability to advertise services. The second level, the Quality Framework, would cover matters such as practice standards, qualifications, training and supervision. These are currently in the Regulations and would be moved to the administrative level.
The proposed Quality Framework would also bring consistency to the treatment of counsellors and mediators under the Family Law Act and would provide a transparent mechanism for all counsellors and mediators interested in obtaining authorisation under the Act.
In summary, the Attorney-General would approve an accreditor to maintain the Quality Framework. The accreditor would, in turn, assess applications made by organisations seeking approval status under the Act. Such organisations, once certified as approved bodies, may then authorise individual counsellors and mediators to operate within the Quality Framework and in accordance with the statutory requirements of the Act and Regulations.