Family Law Amendment (Shared Parental Responsibility) Act 2006 (46 of 2006)

Schedule 4   Changes to dispute resolution

Part 4   Transitional matters relating to family counselling and family dispute resolution

125   Approval of family dispute resolution organisations

 

(1) During the transition period, the Minister may, by notice in writing to an organisation, approve the organisation as a family dispute resolution organisation if, and only if, the Minister is satisfied that:

(a) the organisation is a recipient organisation (see subitem (2)); or

(b) there is a recipient organisation in relation to the organisation (see subitem (3)).

Note: If an organisation meets the requirements for approval under both this item and item 120, the Minister may approve the organisation as both a family counselling organisation and a family dispute resolution organisation.

      

(2) An organisation is a recipient organisation for the purposes of paragraph (1)(a) if it receives, or has been approved to receive, funding under a program or a part of a program designated by the Minister under subitem (4) in order to provide services that include family dispute resolution.

      

(3) An organisation is a recipient organisation in relation to another organisation for the purposes of paragraph (1)(b) if:

(a) both:

(i) the other organisation is a member of the organisation; and

(ii) the organisation receives, or has been approved to receive, funding under a program or a part of a program designated by the Minister under subsection (4) in order that the organisation's members may provide services that include family dispute resolution; or

(b) both:

(i) the organisation acts on behalf of a group of organisations that includes the other organisation; and

(ii) the organisation receives, or has been approved to receive, funding under a program or a part of a program designated by the Minister under subsection (4) in order that the organisations on whose behalf it acts may provide services that include family dispute resolution.

      

(4) The Minister may, in writing, designate for the purposes of subitem (1):

(a) a program; or

(b) part of a program;

administered by or on behalf of the Commonwealth Government under which money appropriated by the Parliament is provided to organisations for the purposes of making family counselling and family dispute resolution services available.

      

(5) An instrument under this item is not a legislative instrument.