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TRANSCRIPT
AGREEMENT
FOR
MEMBERSHIP OF THE
LEGAL AID NSW FAMILY DISPUTE RESOLUTION SERVICE
GENERAL EARLY INTERVENTION PANEL
(the Panel Agreement)
THIS AGREEMENT is made on the day of 20
BETWEEN
Legal Aid Commission of New South Wales (Legal Aid NSW)
ABN 81173463438
…………………………………………………………………………………………………..
AND
(name and ABN of the Family Law Dispute Resolution Practitioner)
whose office is at:
…………………………………………………………………………………………………..
(the)
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RECITALS
A. Under Part 3A of the Legal Aid Commission Act 1979 (NSW), Legal Aid NSW
has established a Family Dispute Resolution Service to provide family dispute
resolution services to parties in dispute where one or more of the parties has a
grant of legal aid.
B. Legal Aid NSW has established the General Early Intervention Panel, the
members of which will provide Conference Chair services to the Legal Aid
NSW FDR Service. The members of the General Early Intervention Panel will
be made up of independent mediators who are accredited family dispute
resolution practitioners.
C. Legal Aid NSW and the accredited family law dispute resolution practitioner
(FDRP) agree to enter into an Agreement regarding the terms upon which the
accredited family dispute resolution practitioner will provide family dispute
resolution Conference Chair services as a member of the General Early
Intervention Panel.
D. Legal Aid NSW may from time to time seek an expression of interest from
members of the General Early Intervention Panel to be on one of the specialist
panels (Litigation Intervention, Property and Care and Protection or other
specialist panels as may be created from time to time) or to undertake dispute
resolution work in an area not currently undertaken by an existing panel.
E. Legal Aid NSW will provide Clinical Supervision to members of the General
Early Intervention Panel.
F. The parties acknowledge that the relationship between the FDRP and Legal
Aid NSW is governed by the terms of this Agreement. The parties agree the
Agreement does not create a partnership, employment, agency or fiduciary
relationship of any kind.
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THE PARTIES AGREE AS FOLLOWS:
1. Definitions
In this Agreement, unless the contrary intention appears:
Agreement means this document including all schedules and attachments.
Allocation of Mediation Work means the allocation of Mediation Work to an
Early Intervention Panel Member (FDRP) by Legal Aid NSW.
Clinical Supervision means Professional Clinical Supervision as set out in
Schedule 1 of the Agreement
Conference means a structured negotiation process during which the FDRP
assists the parties to a dispute to settle the dispute.
Conference Chair is an accredited family dispute resolution practitioner who
assists the parties in a family dispute resolution conference to settle the
dispute.
FDRP means an accredited family dispute resolution practitioner who is a
member of the General Early Intervention Panel.
FDRS Panel means the General Early Intervention Panel, the Litigation
Intervention Panel, the Property Panel or the Care and Protection Panel or
other specialist panels as may be created from time to time.
FDR Services means family dispute resolution conference services.
Independent mediator is an accredited family law dispute resolution
practitioner.
Legally Assisted Person means a person to whom legal aid is provided.
Mediation work means work as the Conference Chair at a family dispute
resolution conference.
Matter means a matter in which Legal Aid NSW has made a grant of legal aid
to a legally assisted person.
Regulations means the Family Law (Family Dispute Resolution Practitioners)
Regulations 2008 (Cth).
Settled on a Final Basis means that the parties have signed a parenting plan,
terms of settlement and/ or heads of agreement.
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2. Duration of agreement
The term of this Agreement is two years from the date of its execution unless:
extended in accordance with clause 21 of the Agreement, or
terminated earlier in accordance with the provisions of the Agreement.
3. Inclusion on a panel
3.1 Membership of the General Early Intervention Panel will commence from
the date of the execution of the Agreement, and subject to the
Agreement, will continue for the term set out in clause 2.
3.2 The FDRP agrees their membership of all other Legal Aid NSW Family
Dispute Resolution Service Panels will be terminated if their membership
of the General Early Intervention Panel is terminated, and
3.3 The FDRP acknowledges and agrees that entering into the Agreement
with Legal Aid NSW or membership of the panel does not entitled the
FDRP to receive any minimum level of Mediation Work.
4. Publication of name
Legal Aid NSW may publish the Family Dispute Resolution Practitioner’s
(FDRP) name, business address and telephone number in a list of panel
members but only with the consent of the FDRP. This information will appear
on the Legal Aid NSW Website and in any other form that Legal Aid NSW
considers necessary to assist in the administration of services provided by
Legal Aid NSW.
5. Promotion of membership
The FDRP may promote herself or himself as a member of the General Early
Intervention Panel.
6. Accepting Mediation Work
6.1 Where the FDRP agrees to accept Mediation Work allocated by Legal Aid
NSW, the FDRP agrees to perform the Mediation Work in accordance
with the terms of the Agreement.
6.2 Where the FDRP accepts Mediation Work and is subsequently unable to
perform the Mediation Work, the FDRP must advise Legal Aid NSW as
soon as practicable.
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6.3 The FDRP must advise Legal Aid NSW as soon as practicable after the
FDRP becomes aware that she or he has an actual or potential conflict of
interest.
6.4 Legal Aid NSW may cancel the Mediation Work allocated to an FDRP
where Legal Aid NSW considers there are reasonable grounds to do so.
6.5 Legal Aid NSW will not pay an FDRP for cancelled Mediation Work
unless the cancellation occurs on the day the Mediation Work is
scheduled and Legal Aid NSW is satisfied the FDRP has been
substantially inconvenienced.
7. Delegation
The FDRP must not delegate or transfer to another person Mediation Work that
has been allocated to the FDRP.
8. Written reports
8.1 The FDRP will provide a written report to Legal Aid NSW within two (2)
business days of the conclusion of any Mediation Work unless otherwise
agreed between Legal Aid NSW and the FDRP.
8.2 The FDRP must use the Legal Aid NSW designated pro-forma report for
written reports. If a conference is not Settled on a Final Basis the report
must make a recommendation concerning any further grants of aid.
8.3 The FDRP must forward all conference documents electronically to Legal
Aid NSW after a conference, including the conference report,
confidentiality agreements and section 60I certificate.
9. Obligations of the parties
9.1 Obligations of the FDRP
The FDRP will:
9.1.1 maintain current accreditation with the Commonwealth Attorney-
General's Department Practitioner Registration Unit as an
accredited family dispute resolution practitioner without any
conditions, restrictions or qualifications that would limit or restrict
the FDRP's capacity to conduct conferences under this
Agreement pursuant to the Regulations
9.1.2 be familiar with, and comply with relevant Legal Aid NSW
eligibility policies and guidelines
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9.1.3 comply with the Australian Mediator Standards Board Practice
Standards
9.1.4 comply with the Professional Standards issued by the FDRP's
professional organisation such as, but not limited to, the Law
Society of NSW, Psychologists Registration Board NSW, the
Australian Association of Social Workers and those standards
published by the Commonwealth Attorney-General’s Department
Practitioner Registration Unit
9.1.5 notify Legal Aid NSW in writing of any criminal (except in relation
to minor traffic offences), bankruptcy or professional disciplinary
proceedings that have been commenced against the FDRP
9.1.6 participate in the Clinical Supervision offered by Legal Aid NSW
and as set out in Schedule 1 of the Agreement
9.1.7 maintain appropriate professional indemnity insurance and
provide Legal Aid NSW with a copy of the insurance cover when
requested
9.1.8 at all times act professionally, honestly and in good faith in all
dealings with Legal Aid NSW
9.1.9 provide prompt responses to inquiries made by Legal Aid NSW
9.1.10 assist Legal Aid NSW in relation to any complaints arising from
any Mediation Work undertaken by the FDRP
9.1.11 use an electronic facility to communicate with Legal Aid NSW
either via email or via some other appropriate electronic format
9.1.12 register with the Legal Aid NSW Grants Online (GOL) system
within fourteen days of signing this agreement
9.1.13 claim all invoices within 48 hours of completing the Mediation
Work via GOL. The FDRP agrees to only claim travel expenses
where it has been approved by Legal Aid NSW
9.1.14 accept payment for Mediation Work by way of electronic funds
transfer direct to the FDRP's nominated account
9.1.15 notify Legal Aid NSW in writing within fourteen days of any
change in the FDRP's business address or contact details, and
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9.1.16 comply with the Legal Aid NSW policy and directives when using
Wi-Fi services provided by Legal Aid NSW.
9.2. Obligations of Legal Aid NSW
Legal Aid NSW will:
9.2.1 allocate Mediation Work to the member of the FDRP at its
discretion
9.2.2 pay the FDRP for Mediation Work the FDRP performs in
accordance the Legal Aid NSW Family Law Fee Scale
9.2.3 notify the FDRP, in a timely manner, of changes to relevant
Legal Aid NSW procedures, policies, guidelines and practice
standards
9.2.4 provide Clinical Supervision to the FDRP as set out in Schedule 1 of the Agreement
9.2.5 promote ethical and respectful practices
9.2.6 provide a safe physical work environment
9.2.7 provide prompt responses to any enquiries made by the FDRP,
and
9.2.8 provide access to Legal Aid NSW Wi-Fi services where
available.
10. Restrictions on right to practice
Where the FDRP:
ceases to hold current accreditation with the Commonwealth
Attorney-General's Department Practitioner Registration Unit as
an accredited family dispute resolution practitioner, or
as a consequence of disciplinary proceedings taken against the
FDRP, the FDRP is prevented from acting as family dispute
resolution practitioner,
the FDRP will immediately notify Legal Aid NSW in writing and will immediately
cease to provide Mediation Work.
11. Confidentiality
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11.1 The FDRP must not copy, reproduce, disclose, use or otherwise deal with
any confidential information without the consent of Legal Aid NSW,
except to the extent necessary to perform his or her obligations under this
Agreement or to the extent required by law.
11.2 The FDRP must take reasonable steps to ensure that all confidential
information in the FDRP’s possession is kept confidential and protected
against unauthorised use and access.
11.3 The FDRP must destroy and/or delete all personal notes or information
taken, or information received, in connection with the conference.
12. Privacy
Where the FDRP collects, or has access to, personal information as a
consequence of undertaking Mediation Work, the FDRP must comply with the
principles outlined in the Privacy and Personal Information Protection Act 1998
and the Health Records and Information Privacy Act 2002.
13. Client Surveys and Research
13.1 Legal Aid NSW may conduct a survey, participate in research or
undertake evaluations that may require responses from the FDRP.
13.2 The FDRP will provide Legal Aid NSW with such information as Legal
Aid NSW may reasonably require to assist with the conduct of any
such surveys, research or evaluations.
13.3 Legal Aid NSW will not divulge any information obtained from a client
or the FDRP in the course of the conduct of a survey or research if it is
confidential information or information subject to legal professional
privilege.
13.4 The rights and obligations of the parties under clause 13 will survive
the termination of the Agreement.
14. Complaints
14.1 Legal Aid NSW will manage complaints received about the FDRP in
accordance with the Legal Aid NSW Guidelines for Managing
Complaints.
14.2 The FDRP agrees to refer all client’s complaints to Legal Aid NSW.
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14.3 Where Legal Aid NSW is satisfied the FDRP has acted in breach of
the Regulations, or has acted in such a way as to potentially bring the
profession into disrepute, the complaint may be referred to the
Practitioner Accreditation Unit of the Commonwealth Attorney-
General's Department or to another relevant body in accordance with
the Family Law (Family Dispute Resolution Practitioner) Regulations
2008 .
15. Breach of Agreement15.1 Where Legal Aid NSW is satisfied there has been a potential breach of
the Agreement and Legal Aid NSW has provided written notice to the
FDRP of the potential breach, the FDRP will provide a written
response to Legal Aid NSW within 14 days of receipt of the notice.
15.2 Legal Aid NSW may in the written notice require the FDRP to take
specific action to remedy any apparent breach. The timeframe to
remedy the potential breach will be set out in the notice.
15.3 If, following receipt of the notice, the FDRP does not take the specific
action required to remedy the potential breach within the timeframe set
out in the notice, Legal Aid NSW may terminate this Agreement
immediately by giving written notice to the FDRP.
16. Dispute
16.1 Both parties agree to attempt to settle any dispute in relation to the
Agreement in accordance with this clause 16 before resorting to court
proceedings or other dispute resolution process.
16.2 A party claiming that a dispute has arisen, must give written notice of
the dispute to the other party. On receipt of this notice the parties
must within fourteen (14) days of receipt seek to resolve the dispute in
good faith.
16.3 If the dispute is not resolved within a fourteen (14) day period or within
such further period as the parties agree in writing then the parties must
mediate the dispute in accordance with the Mediation Program of the
Law Society of New South Wales.
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16.4 Nothing in this clause 16 will prevent either party from seeking urgent
interlocutory relief.
17. Termination
17.1 Either Party may terminate the Agreement by giving 28 days’ notice to
the other Party in writing, or at any time by agreement in writing
between the Parties.
17.2 Legal Aid NSW may terminate the Agreement in accordance with this
clause or clauses 10, 15 or 21.
17.3 Legal Aid NSW may terminate the Agreement immediately by written
notice if the FDRP:
17.3.1 conducts themselves in a manner that Legal Aid NSW is
satisfied will adversely affect the reputation of Legal Aid NSW
17.3.2 has had a finding of a professional misconduct made against
him or her in disciplinary proceeding
17.3.3 ceases to maintain current accreditation with the
Commonwealth Attorney-General’s Department, or
17.3.4 ceases to hold current indemnity insurance.
17.4 Any termination of the Agreement will be without prejudice to the
rights, liabilities, or obligations of the Parties accruing prior to the date
of receipt of the notice of termination.
18. Previous Agreements
The Agreement supersedes any prior agreement or understanding between the
parties in connection with its subject matter.
19. Severability
If any part of the Agreement is prohibited, void, voidable, illegal or
unenforceable, then that part is severed from the Agreement but without
affecting the continued operation of the remainder of the Agreement.
20. Variation
20.1 The terms of the Agreement may be varied by Legal Aid NSW by
providing the FDRP with 28 days written notice.
20.2 If the FDRP fails to agree to the variation in writing within the 28 day notice period, the Agreement is taken to be terminated on the 28 day.
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21. Extension
The Agreement may be extended for such period or periods as may be agreed
between the parties.
Executed by Legal Aid NSW pursuant to Section 17 and section 69 of the Legal Aid Commission Act 1979 (NSW) in the presence of:
……………………………………………
) ) ) ) ……………………………………… ) )
Witness
Executed by the family dispute resolution practitionerin the presence of:
…………………………………………… Witness
) ) ……………………………………… ) Signature ) ) ) ……………………………………… ) Print private practitioner Name
Panels: Initials:
1. General Early Intervention Panel
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SHEDULE 1
Family Dispute Resolution Service
August 2015
Clinical Supervision
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Clinical Supervision For
Early Intervention Panel Members
1. Clinical Supervision is provided by Legal Aid NSW to each FDRP and is
designed to support, improve and enhance clinical practice in order to provide
quality mediation service to clients.
2. Clinical Supervision has four primary functions:
2.1 to ensure theoretical knowledge, technical knowledge and practice
skills are competently demonstrated
2.2 to provide individual opportunities for discussion of clinical issues and
debriefing
2.3 to assist an FDRP in complying with statutory learning requirements,
and
2.4 to enable Legal Aid NSW meet its Corporate Priorities for family
dispute resolution services.
3. Clinical Supervision may be provided by the Manager Family Dispute
Resolution, the Senior Family Mediation Coordinator and an FDRP employed
by Legal Aid NSW. Clinical Supervision may also be provided by a person
nominated by the Manager FDR including members of the panels and
external experts. The decision about who provides the Clinical Supervision
will be made by the Manager Family Dispute Resolution, Legal Aid NSW.
4. Clinical Supervision may include:
4.1 Direct observation of conferences or co-conferencing either by face-
to-face or by telephone, through a recording of a conference, via AVL,
or through the use of a purpose built observation room
4.2 Access to a clinical supervisor on request by an FDRP before during
or after a conference or as soon as reasonably possible thereafter
4.3 Lectures, workshops, presentations, and
4.4 Individual discussion sessions, peer review and discussion and
debriefing opportunities either face to face or by telephone.
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5. Clinical Supervision will be provided to every FDRP. It may also be provided
in response to a specific complaint or where a concern is raised about the
practice of an FDRP.
6. Legal Aid NSW will provide support to each FDRP in order to assist him or
her conduct effective conferences through:
6.1 reviewing and assessing practice
6.2 provision of opportunities and forums for exchange of ideas and
information which improve theoretical knowledge, technical knowledge
and practice, and
6.3 promoting ethical and respectful supervision practices.
7. Each FDRP will:
7.1 participate in Clinical Supervision when requested
7.2 accept shared responsibility for the creation of a clinical supervisory
relationship and engage in a respectful, supportive and interactive
relationship with the clinical supervisor
7.3 incorporate the clinical supervision feedback to improve theoretical
knowledge and clinical practice, and
7.4 demonstrate an understanding of the relationship between legislation
and practice.
8. An FDRP may be provided with a Supervisor Report at the completion of
Clinical Supervision.
9. Following Clinical Supervision, the Manager FDR Unit may require an FDRP
to enter into an Individual Plan which will identify and document areas for
improvement in their mediation work and any further training that may be
required.
10. Where an FDRP declines or fails to participate in an organised Clinical
Supervision or fails to comply with an Individual Plan, Legal Aid NSW may
suspend or remove the FDRP from the panel.
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11. Legal Aid NSW will take into account information in a Supervision Report and
an Individual Plan when making decisions about the selection of a family
dispute resolution practitioner onto a Legal Aid NSW panel. Legal Aid NSW
will take into account information in a Supervision Report when making a
decision about whether an FDRP should be removed from the panel.
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