Family Relationship Services Guidelines
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3 Responsibilities, Accountabilities and the Way we Work with the Sector
3.1 Departmental Responsibilities and Accountabilities
Both departments are committed to working in partnership with the sector through its:
- industry representative body;
- Senior Executive Forums; and
- Consultative forums and cross sector working groups.
FaHCSIA has responsibility for:
- continuing to improve the partnership between the Commonwealth and the sector based on a relationship of mutual respect and accountability;
- improving Commonwealth and non-government understanding of each others' environment, roles, requirements and responsibilities;
- working with the sector to better measure intervention effectiveness and outcomes;
- supporting further development of an integrated service system and coordination of initiatives across government;
- providing opportunities for sector input on policy and program development issues;
- working with the sector to reduce red tape;
- increasing the quality and quantity of data available to the sector;
- assisting the sector to respond to key concerns such as workforce issues; and
- working with the sector to enhance its standing in the community and independence.
FaHCSIA administers FRS through the Family Support Program and has policy responsibility for the Family and Parenting Services stream , including the National Find and Connect Service.
AGD has policy responsibility for the Family Law Services stream.
FaHCSIA's State and Territory Network (Network) is responsible for the day-to-day management of FRS and is the first point of contact for any FRS-related queries.
3.2 Funding Recipient Responsibilities and Accountabilities
Funding recipients are responsible for providing quality services that are effective, efficient and appropriately targeted to the needs of families. Specifically, funding recipients must comply with:
- the Family Relationship Services Guidelines;
- the FRS Performance Framework (see 4.2 Performance Framework);
- the Funding Agreement;
- the Approval Requirements (Appendix A) which requires a Statement of Compliance which is recorded in the Annual Service report (annual sign off on compliance by the funding recipient's Board) and independent assessment every three (3) years);
- FRSP Online Protocols (Appendix B);
- the Operational Framework for Family Relationship Centres (Appendix C);
- the Description and Operational Requirements for Supporting Children after Separation Program (Appendix D);
- the Service Description for National Find and Connect Service for Forgotten Australians and former child migrants (Appendix E); and
- State and Commonwealth legislative requirements including all relevant requirements under the Family Law Act 1975 and Marriage Act 1961.
Funding Recipients must:
- deliver funded services to the defined catchment area through the specific locations and to identified target groups;
- provide outreach sites and services where applicable;
- meet the objectives of each funded FRS;
- work with other agencies and services (see 7.3 Program Links with Other Agencies and Services) within local catchment areas to:
- design and deliver services that respond to the needs of local families;
- maintain awareness of best-practice service delivery;
- establish community networks to facilitate tailored, coordinated service delivery, and
- assist in warm referrals between key agencies.
- promote funded services across the catchment area;
- provide reports as required (see Item E in the Funding Agreement);
- register and maintain service and outlet details on FRSP Online and Family Relationships Online (excluding National Find and Connect Service);
- collect and transfer data to FaHCSIA within 28 days of service provision (excluding National Find and Connect Service);
- participate in evaluation activities, as required, to support high-quality services and best practice;
3.2.1 Legislative Requirements
FRSP operates under:
- the Marriage Act 1961 (Marriage Act), and
- the Family Law Act 1975 (Family Law Act)
Where funding recipients only deliver education through MFR and/or FREST the funding recipient must be approved as an organisation conducting marriage education programs under Section 9C of the Marriage Act 1961. The provision of marriage education services can be approved by the Minister of Families, Housing, Community Services and Indigenous Affairs under the Marriage Act 1961.
The delivery of family counselling and family dispute resolution services is linked to the Family Law Act 1975.
In the conduct of family dispute resolution (including TDRS through the Family Relationship Advice Line), funding recipients shall ensure that family dispute resolution practitioners comply with the requirements of the Family Law Act 1975 and its Regulations.
From 1 July 2009 all family dispute resolution practitioners issuing section 60I certificates will need to meet the final Accreditation Rules. These rules are based on competency based qualifications (Vocational Graduate Diploma in Family Dispute Resolution) that have been developed for the family relationships sector. Final Accreditation Rules have been prescribed in the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
There are currently no accreditation rules for family counsellors. Family counsellors must be authorised by an approved or designated organisation funded under the Family Relationship Services Program6 in order to deliver family counselling under the Family Law Act 1975. This ensures that the counsellors are covered by the provisions in the Family Law Act 1975 relating to confidentiality and inadmissibility of communications made during family counselling.
From 1 July 2009, organisations funded under the FRS to provide family counselling or family dispute resolution will no longer be approved, as the transitional arrangements set out in the Family Law Amendment (Shared Parental Responsibility) Act 2006 cease on 30 June 2009.
3.2.2 Fees Policy
Funding recipients are able to charge fees in association with funded services except where excluded by policy. For example fees may not be charged for the following services:
- Family Relationship Services for Humanitarian Entrants;
- Family Relationship Services for Families in Special Circumstances (including FSDRT);
- Rural and Regional Family Support Services;
- Family Relationship Services for Carers;
- Mensline;
- FRC information and referral, public family relationship seminars and/or group sessions and individual help;
- FRC joint family dispute resolution for up to three (3) hours per couple, or six (6) hours where interpreters are needed;
- Family Relationship Advice Line information, referral and individual help;
- joint family dispute resolution for Child Support Agency change of assessment customers for up to three hours7 per couple or up to six hours free per couple if an interpreter is required;
- Kids in Focus – Family Drug Support services;
- National Find and Connect Service for Forgotten Australians and former child migrants; and
- non-attendance of services that are free of charge.
Where fees are charged, funding recipients must:
- publicly display their fees policy;
- inform clients of their fees policy; and
- not refuse a service or refer clients to other organisations on the basis of a family's inability to pay fees.
- The Family Relationship Services Program is referred to here to reflect what is currently written in the legislation.
- Clients that require less than three hours to resolve their issues are not required to attend the full three hours. For clients that require more than three hours, the funding recipient must determine how best to meet clients' needs. If fees are charged, funding recipients must comply with the fees provisions contained in the FRS Standard Funding Agreement.
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- Next: 4. Performance Management and Evaluation
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