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FLA Amendement Update

Family Law Amendment (Risk Screening Protections) Act 2020

The Act results in Part IIA – Family safety risk screening

The purpose is to prevent the disclosure and admission into evidence, information that is in connection with a family safety risk screening process carried out by the Family Court of Australia or the Federal Circuit Court of Australia in relation to a party to a proceeding under the Family Law Act 1975.

It defines:

  • A Family safety risk screening person who is an officer of the court, a family counsellor or a contractor or their employee engaged for the purpose.
  • Family safety risk screening information which includes the information obtained (whether orally or in writing), reports, recommendations and referrals made as a result of the safety risk screening process.
  • The definition of the family safety risk screening process which must involve the use of a risk screening tool.

The confidentiality of the family safety risk screening information is similar to that imposed on Family Dispute Resolution.

A family safety risk screening person must not disclose family safety risk screening information unless the disclosure is required or authorised by section 10U Confidentiality of family safety risk screening information.

Section 10V clarifies Admissibility of family safety risk screening information which is generally inadmissible and the extension of inadmissibility to professionals who the party is referred to by the family safety risk screening person in a way that is similar to referrals made by a Family Dispute Resolution Practitioner.

The full information related to Family Law Amendment (Risk Screening Protections) Act 2020 are available on the Federal Register of Legislation.

https://www.legislation.gov.au/Details/C2020A00098

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Family Law Amendment (Risk Screening Protections) Act 2020

by Joanne Law time to read: 1 min
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