New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 65

65 Dispute resolution conferences

(1) After copies of the care application have been served in accordance with section 64, a Children’s Registrar of the Children’s Court is to arrange and conduct a dispute resolution conference between the parties, unless the Children’s Registrar is of the opinion that the holding of such a conference should be deferred until a later time in the proceedings.

(1A) Despite subsection (1), a Children’s Registrar may dispense with the requirement for a dispute resolution conference between the parties if:

(a) there has been a defended hearing in relation to an application for an assessment order under section 53, an interim care order under section 69, or a care order under section 70, and the Children’s Registrar considers that no useful purpose will be served by a dispute resolution conference, or

(b) the parties consent to dispense with the dispute resolution conference, or

(c) there are circumstances, identified by the Children’s Court Rules, in which the requirement for a dispute resolution conference may be dispensed with.

(2) The purpose of a dispute resolution conference is to provide the parties with an opportunity to agree on action that should be taken in the best interests of the child or young person concerned.

(2A) In conducting a dispute resolution conference, a Children’s Registrar is to act as a conciliator between the parties. In so doing:

(a) the Children’s Registrar should seek to encourage the parties to agree on action that should be taken in relation to the child or young person concerned (including the formulation of final or interim orders that may be made by consent), or

(b) if the parties cannot agree on the action to be taken in relation to the child or young person, the Children’s Registrar should encourage the parties:

(i) to identify areas of agreement between the parties, and

(ii) to identify issues in dispute between the parties, and

(iii) to determine the best way of resolving any issues in dispute, including by referring the application to independent alternative dispute resolution, and

(iv) if it is not appropriate to refer the application to independent alternative dispute resolution, to set a timetable for the hearing of the application by the Children’s Court.

(3) A party may be legally represented at a dispute resolution conference.

(4) A power conferred by this Act when exercised by a Children’s Registrar is taken to have been exercised by the Children’s Court.

(5) The exercise by a Children’s Registrar of a power conferred by this Act (including this section) does not prevent the exercise of the power by the Children’s Court.