On 1 April 2025 the Family Law (Family Dispute Resolution Practitioners) Regulations 2025 (“Regulations”) came into effect. Below is a summary of the main impacts that the Regulations will have on accredited FDR Practitioners:
- The Regulations now require that to become accredited, the FDR practitioner must also be a “fit and proper” person in addition to the previous requirements.
- The FDR practitioner must hold professional indemnity insurance when they apply to be accredited. Previously, if an FDR practitioner did not have professional indemnity insurance they could become conditionally accredited, and would be able to practice once they obtained this insurance.
- There are now four new pathways to become accredited. Previously, there were only three pathways.
- There will now be a public register of the names of all accredited FDR practitioners. No other information will be included on the register unless the FDR practitioner provides it, such as details of their business. This will allow individuals to check whether a practitioner they intend to engage is accredited as an FDR practitioner.
- There is now a requirement that some of an FDR practitioner’s continuing professional development must improve their knowledge and understanding of family violence.
- There have been changes to how an FDR practitioner is to assess the suitability of a particular matter for FDR. Further, information provided to the FDR practitioner in the early stages of FDR (intake and assessment) is now confidential.
- An FDR practitioner must now retain records for at least 2 years.
- An FDR practitioner can suspend their accreditation for a maximum of 5 years and after this time, it will be automatically cancelled.
- While an FDR practitioner can continue to obtain their qualifications through an equivalent course provided by a higher education provider rather than completing the Graduate Diploma of Family Dispute Resolution, the provider can no longer certify that their course is equivalent. The course must be certified by the Attorney-General’s Department.
- An FDR practitioner must belong to an approved complaints body.
- The new Section 60I Certificate must now be used, which can be found in Schedule 1 of the Regulations.
Below is a link to Attorney General’s Department release: