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Children, Youth and Families Act 2005
260Conciliation counselling
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260 Conciliation counselling
S. 260(1) substituted by No. 26/2023 s. 42(1).
(1) Before a person files an irreconcilable difference application in the Court, the person must lodge an application for conciliation counselling with the Secretary.
(2) If an application for conciliation counselling is lodged with the Secretary, he or she must—
S. 260(2)(a) amended by No. 61/2014 s. 70.
(a) cause information relating to conciliation counselling and appropriate support services to be given or sent by post to the child, the person who has parental responsibility for the child and any other relevant parties; and
(b) ensure that conciliation counselling is provided to those persons—
as soon as possible within the period of 21 days after that lodgement.
(3) The purpose of conciliation counselling is to assist the parties in the resolution of their differences and thereby avoid proceedings in the Court.
(4) The person conducting conciliation counselling must—
(a) undertake conciliation counselling with each of the parties separately; and
(b) hold at least one conference involving all the parties.
S. 260(4A) inserted by No. 11/2021 s. 32.
(4A) The person conducting conciliation counselling may permit one or more of the parties to undertake conciliation counselling, or participate in a conference, by means of audio link or audio visual link.
(5) At the end of the period of 21 days referred to in subsection (2) the Secretary must provide a certificate of conciliation counselling to each party who participated in the conciliation counselling.
(6) The Secretary may provide a certificate of conciliation counselling to a party even if a conference involving all the parties did not take place if—
(a) that party was willing to attend a conference involving all the parties but one or more other parties refused to attend; or
(b) the Secretary determined that exceptional circumstances existed which would have the effect that attendance at a conference involving all the parties would subject one of the parties to extreme duress or emotional distress.
S. 260(7) inserted by No. 26/2023 s. 42(2).
(7) A person who files an irreconcilable difference application in the Court must file with that application a certificate of conciliation counselling issued by the Secretary within the last 3 months.