60IAttending family dispute resolution before applying for Part VII order

#### 60I Attending family dispute resolution before applying for Part VII order Object of this section (1) The object of this section is to ensure that all persons who have a dispute about matters that may be dealt with by an order under this Part (a Part VII order) make a genuine effort to resolve that dispute by family dispute resolution before the Part VII order is applied for. Applications for a Part VII order (6) Subsections (7) to (14) apply to all applications for a Part VII order in relation to a child that are made on or after 1 July 2008. Requirement to be met before application accepted for filing (7) An application for a Part VII order in relation to a child must not be accepted by the court for filing unless: (a) the applicant files in the court, together with the application, a certificate given to the applicant by a family dispute resolution practitioner under subsection (8); or (b) after the making of the application, the court grants the applicant an exemption under subsection (8A) from having to file such a certificate. Certificate by family dispute resolution practitioner (8) A family dispute resolution practitioner may give one of these kinds of certificates to a person: (a) a certificate to the effect that the person did not attend family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but the person’s failure to do so was due to the refusal, or the failure, of the other party or parties to the proceedings to attend; (aa) a certificate to the effect that the person did not attend family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, because the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to conduct the proposed family dispute resolution; (b) a certificate to the effect that the person attended family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, and that all attendees made a genuine effort to resolve the issue or issues; (c) a certificate to the effect that the person attended family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues; (d) a certificate to the effect that the person began attending family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but that the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to continue the family dispute resolution. > Note: When an applicant files one of these certificates under subsection (7), the court may take the kind of certificate into account in considering whether to make an order referring to parties to family dispute resolution (see section 13C) and in determining whether to award costs against a party (see section 114UB). Exemptions (8A) The court may grant the applicant for a Part VII order in relation to a child an exemption from having to file a certificate referred to in paragraph (7)(a). (8B) The court may do so only if the court is satisfied that one or more of the grounds in subsection (9) exist. (9) For the purposes of subsection (8B), the grounds for an exemption are: (a) the applicant is applying for the order: (i) to be made with the consent of all the parties to the proceedings; or (ii) in response to an application that another party to the proceedings has made for a Part VII order; or (b) the court is satisfied that there are reasonable grounds to believe that: (i) there has been abuse of the child by one of the parties to the proceedings; or (ii) there would be a risk of abuse of the child if there were to be a delay in applying for the order; or (iii) there has been family violence by one of the parties to the proceedings; or (iv) there is a risk of family violence by one of the parties to the proceedings; or (c) all the following conditions are satisfied: (i) the application is made in relation to a particular issue; (ii) a Part VII order has been made in relation to that issue within the period of 12 months before the application is made; (iii) the application is made in relation to a contravention of the order by a person; (iv) the court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or (d) the application is made in circumstances of urgency; or (e) one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason); or (f) other circumstances specified in the regulations are satisfied. Validity of proceedings not affected by failure to meet requirement in relation to application (11) The validity of: (a) proceedings on an application for a Part VII order; or (b) any order made in those proceedings; is not affected by a failure to comply with subsection (7) in relation to that application. Review of power exercised by delegate (12) If a delegate has exercised the power of the court under subsection (8A), a party to the proceedings, or a person who would have been a party to the proceedings if the exemption referred to in that subsection had been granted, may: (a) within the time prescribed by the applicable Rules of Court; or (b) within any further time allowed in accordance with the applicable Rules of Court; apply to the court for review of the exercise of the power. (13) The court may, on application under subsection (12) or on its own initiative, review an exercise of power by a delegate under subsection (8A), and may make any order or orders it thinks fit in relation to the exercise of that power. (14) Subsections 100(1) and (2) and 256(1) and (2) of the Federal Circuit and Family Court of Australia Act 2021 do not apply in relation to the exercise of the power of the court by a delegate under subsection (8A) of this section.