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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