Obligations on family counsellors, family dispute resolution practitioners and arbitrators
12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators
A family counsellor, family dispute resolution practitioner or arbitrator who deals with a married person considering instituting:
proceedings for a divorce order in relation to the marriage; or
financial or Part VII proceedings in relation to the marriage;
must give the married person (and in appropriate cases, that person’s spouse) documents containing the information prescribed under 12C (about reconciliation).
For other obligations of family counsellors and family dispute resolution practitioners in relation to Part VII matters, see sections 60D and 63DA. Those sections do not apply to arbitrators.
A family counsellor, family dispute resolution practitioner or arbitrator does not have to comply with subsection (1), if he or she:
has reasonable grounds to believe that the person has already been given documents containing the prescribed information; or
considers that there is no reasonable possibility of a reconciliation between the parties to the marriage.
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