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Family Relationship Services Guidelines

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:

FaHCSIA has responsibility for:

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:

Funding Recipients must:

3.2.1 Legislative Requirements

FRSP operates under:

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:

Where fees are charged, funding recipients must:

  1. The Family Relationship Services Program is referred to here to reflect what is currently written in the legislation.
  2. 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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