From time to time Solicitors and Mediators are contacted by separated parents and asked the question: I want to go to court but I need a S60I[1] certificate: How do I get one?
The rules about issuing a S60I certificate are contained in Part 7 of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
A s60I certificate must be in the form required by the Regulations and can only be issued by a person who has accreditation from the Attorney General’s Department as a Family Dispute Resolution Practitioner (FDRP). Evidence of such accreditation is to be given in the S60I certificate by the FDRP inserting his/her registration number. Whilst there is provision on the form for the inclusion of the FDRP’s surname and signature, the form has a footnote indicating that these requirements are optional.
Before providing dispute resolution the FDRP must be satisfied that-
In making the assessment, the FDRP must be satisfied that consideration has been given to whether the ability of any party to negotiate freely in the dispute is affected by a number of matters, including the safety of the parties.
If the FDRP is not satisfied that family dispute resolution is appropriate, it must not be provided and a s60I could be issued, stating that it would be inappropriate.
The FDRP must, contact the other party, at least twice, one of which must be in writing, giving a reasonable choice of days and times for attendance. The other party must also be told that if they do not attend family dispute resolution the FDRP may give a s60I certificate stating-
[1] The reference to s60I is a reference to s60I of the Family Law Act 1975.
Note: This article was published in the April 2015 Newsletter of Family Law Network Australia www.flna.com.au
The rules about issuing a S60I certificate are contained in Part 7 of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
A s60I certificate must be in the form required by the Regulations and can only be issued by a person who has accreditation from the Attorney General’s Department as a Family Dispute Resolution Practitioner (FDRP). Evidence of such accreditation is to be given in the S60I certificate by the FDRP inserting his/her registration number. Whilst there is provision on the form for the inclusion of the FDRP’s surname and signature, the form has a footnote indicating that these requirements are optional.
Before providing dispute resolution the FDRP must be satisfied that-
- an assessment has been conducted of the parties to the dispute; and
- family dispute resolution is appropriate.
In making the assessment, the FDRP must be satisfied that consideration has been given to whether the ability of any party to negotiate freely in the dispute is affected by a number of matters, including the safety of the parties.
If the FDRP is not satisfied that family dispute resolution is appropriate, it must not be provided and a s60I could be issued, stating that it would be inappropriate.
The FDRP must, contact the other party, at least twice, one of which must be in writing, giving a reasonable choice of days and times for attendance. The other party must also be told that if they do not attend family dispute resolution the FDRP may give a s60I certificate stating-
- that the party who contacted him/her didn’t attend a mediation but that was because the other party failed to attend ; and
- the certificate can be taken into account by the court when making decisions about costs and other orders.
[1] The reference to s60I is a reference to s60I of the Family Law Act 1975.
Note: This article was published in the April 2015 Newsletter of Family Law Network Australia www.flna.com.au