Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 8.11

             (1)  A party to an application for final orders may apply for an order that a report (a family consultant's report ) concerning the best interests of a child be obtained from a family consultant under subsection 55A(2) or section 62G of the Family Law Act.

Note:          A family consultant's report may be a child impact report, a specific issues report or a family report.

             (2)  When deciding whether to order a family consultant's report, the court may take the following matters into consideration, together with any other relevant matters:

                     (a)  whether the proceeding involves:

                              (i)  an intractable or complex parenting proceeding; or

                             (ii)  if a child is mature enough for the child's views to be significant in determining the proceeding--a dispute about the child's views; or

                            (iii)  a dispute about the existence or quality of the relationship between a parent, or other significant person, and a child; or

                            (iv)  allegations that a child is at risk of abuse; or

                             (v)  family violence;

                     (b)  whether there is any other relevant independent expert evidence available;

                     (c)  the capacity of each party to contribute to the cost of a single expert report instead of a family consultant's report.

             (3)  An application for a family consultant's report (whether made orally or in writing), and any order made, must identify the issues to be addressed by the report.

             (4)  When ordering a family consultant's report, the court may order a party or a child to attend for the purposes of preparing the report.

             (5)  If a family consultant's report is obtained in accordance with an order made under this rule, the court may do any of the following:

                     (a)  by order or otherwise, give a copy of the report to any of the following:

                              (i)  a party, a lawyer for a party, or an independent children's lawyer, in the proceeding;

                             (ii)  a children's court (however described) of a State or Territory;

                            (iii)  a prescribed child welfare authority;

                            (iv)  an authority established by or under a law of a State or Territory for purposes including the provision of legal assistance;

                             (v)  the convenor of any legal dispute resolution conference;

                     (b)  receive the report in evidence;

                     (c)  permit oral examination of the person making the report;

                     (d)  order that the report not be released to a person or that access to the report be restricted.

             (6)  If the court, other than by order, gives a copy of a family consultant's report to a person or body under subrule (5), the copy must be accompanied by a notice that states the following information:

                     (a)  the people to whom a copy of the report may be provided;

                     (b)  the status of the report at the time of its preparation;

                     (c)  information about the potential consequences for unauthorised publication of information contained in the report.