Legal Aid Nsw Family Dispute Resolution Service

AGREEMENT

FOR

MEMBERSHIP OF THE

LEGAL AID NSW FAMILY DISPUTE RESOLUTION SERVICE

GENERAL EARLY INTERVENTION PANEL

(the Panel Agreement)

THIS AGREEMENT is made on theday of20

BETWEEN

Legal Aid Commission of New South Wales (Legal Aid NSW)

ABN81173463438

…………………………………………………………………………………………………..

AND

(name and ABN of the Family Law Dispute Resolution Practitioner)

whose office is at:

…………………………………………………………………………………………………..

(the)

RECITALS

1. 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.
2. 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 accreditedfamily dispute resolution practitioners.
3. Legal Aid NSW and the accredited family law dispute resolution practitioner (FDRP) agree to enter into an Agreement regarding the terms upon which theaccreditedfamily dispute resolution practitioner will provide family dispute resolution Conference Chair services as a member of the General Early Intervention Panel.
4. 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.
5. Legal Aid NSW will provide Clinical Supervision to members of the General Early Intervention Panel.
6. 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.

THE PARTIES AGREE AS FOLLOWS:

1.Definitions

In this Agreement, unless the contrary intention appears:

Agreementmeans 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 FDRPassists 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 Panelor 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 Personmeans a person to whom legal aid is provided.

Mediation work means work as the Conference Chair at a family dispute resolution conference.

Mattermeans 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.

2.Duration of agreement

The term of this Agreement is two years from the date of its execution unless:

• extended in accordance with clause 21of the Agreement, or
• terminated earlier in accordance with the provisions of the Agreement.

3.Inclusion on a panel

3.1Membership 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 thatentering 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 publishthe Family Dispute Resolution Practitioner’s (FDRP) name, business address and telephone number in a list of panel membersbut 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 FDRPmay promote herself or himself as a member of theGeneral Early Intervention Panel.

6.AcceptingMediation Work

6.1Where 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.

6.2Where the FDRP accepts Mediation Work and is subsequently unable to perform theMediation Work, the FDRP must advise Legal Aid NSW as soon as practicable.

6.3The FDRPmust 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.

6.4Legal Aid NSW may cancel the Mediation Work allocated to an FDRP where Legal Aid NSW considers there are reasonable grounds to do so.

6.5Legal 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

8.1The 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.

8.2The FDRP must use the Legal Aid NSW designated pro-forma report for written reports.If a conference is notSettled on a Final Basis the report must make a recommendation concerning any further grants of aid.

8.3The FDRP must forward all conference documentselectronically to Legal Aid NSW after a conference, including the conference report, confidentiality agreements and section 60I certificate.

9.Obligations of the parties

9.1Obligations of the FDRP

TheFDRP will:

9.1.1maintain current accreditation with the Commonwealth Attorney-General's Department Practitioner Registration Unit as an accredited family dispute resolution practitionerwithoutany conditions, restrictions or qualifications that would limit or restrict the FDRP's capacity to conduct conferences under this Agreement pursuant to the Regulations

9.1.2be familiar with, and comply with relevant Legal Aid NSW eligibility policies and guidelines

9.1.3comply with the Australian Mediator Standards Board Practice Standards

9.1.4complywith the Professional Standards issued by theFDRP's professionalorganisation 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

9.1.5notify 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

9.1.6participate inthe Clinical Supervision offered by Legal Aid NSW and as set out in Schedule 1 of the Agreement

9.1.7maintain appropriate professional indemnity insurance and provide Legal Aid NSW with a copy of the insurance cover when requested

9.1.8at all times act professionally, honestly and in good faith in all dealings with Legal Aid NSW

9.1.9provide prompt responses to inquiries made by Legal Aid NSW

9.1.10assist Legal Aid NSW in relation to any complaints arising from any Mediation Work undertaken by theFDRP

9.1.11use an electronic facility to communicate with Legal Aid NSW either via email or via some other appropriate electronic format

9.1.12register with the Legal Aid NSW Grants Online (GOL) system within fourteen days of signing this agreement

9.1.13claim 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

9.1.14accept payment for Mediation Work by way of electronic funds transfer direct to the FDRP's nominated account

9.1.15notify Legal Aid NSW in writing within fourteen days of any change in the FDRP's business address or contact details,and

9.1.16comply withthe 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:

9.2.1allocate Mediation Work to the member of the FDRP at its discretion

9.2.2pay theFDRP for Mediation Work the FDRP performs in accordance the Legal Aid NSW Family Law Fee Scale

9.2.3notify the FDRP, in a timely manner, of changes to relevant Legal Aid NSW procedures, policies, guidelines and practice standards

9.2.4provide Clinical Supervision to the FDRP as set out in Schedule 1of the Agreement

9.2.5promote ethical and respectful practices

9.2.6provide a safe physical work environment

9.2.7provide prompt responses to any enquiries made by the FDRP, and

9.2.8provide 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

11.1The 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.

11.2The FDRP must take reasonable stepsto ensure that all confidential information in the FDRP’s possession is kept confidential and protected against unauthorised use and access.

11.3The FDRP must destroy and/or delete all personal notes or information taken, or information received,in connection with the conference.

12.Privacy

Where theFDRP 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

13.1Legal Aid NSW may conduct a survey, participate in research or undertake evaluations that may require responses from the FDRP.

13.2The 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.

13.3Legal 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.

13.4The rights and obligations of the parties under clause 13 will survive the termination of the Agreement.

14. Complaints

14.1Legal Aid NSW will manage complaints received about the FDRP in accordance with the Legal Aid NSW Guidelines for Managing Complaints.

14.2The FDRP agrees to refer all client’s complaints to Legal Aid NSW.

14.3Where 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 anotherrelevant bodyin accordance with the Family Law (Family Dispute Resolution Practitioner) Regulations 2008.

15.Breach of Agreement

15.1Where 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.

15.2Legal Aid NSW may in thewritten noticerequire 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.

15.3If, following receipt of the notice, the FDRP does not take the specific actionrequired 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

16.1Both 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.

16.2A 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.

16.3If 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.

16.4Nothing in this clause 16 will prevent either party from seeking urgent interlocutory relief.

17.Termination

17.1Either 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.

17.2Legal Aid NSW may terminate the Agreement in accordance with this clause or clauses 10, 15 or21.

17.3Legal Aid NSW may terminate the Agreement immediately by written notice if the FDRP:

17.3.1conducts themselves in a manner that Legal Aid NSW is satisfied will adversely affect the reputation of Legal Aid NSW

17.3.2has had a finding ofa professional misconduct made against him or her in disciplinary proceeding

17.3.3ceases to maintain current accreditation with the Commonwealth Attorney-General’s Department, or

17.3.4ceases to hold current indemnity insurance.

17.4Any 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

20.1The terms of the Agreement may be varied by Legal Aid NSW by providing theFDRP 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 28day.

21.Extension

The Agreement may be extended for such period or periods as may be agreed between the parties.

Panels:Initials:

1. General Early Intervention Panel

SHEDULE 1

Family Dispute Resolution Service

August 2015

Clinical Supervision

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.

1. Clinical Supervision has four primary functions:

2.1to ensure theoretical knowledge, technical knowledge and practice skills are competently demonstrated

2.2to provide individual opportunities for discussion of clinical issues and debriefing

2.3to assist an FDRP in complying with statutory learning requirements, and

2.4to enable Legal Aid NSW meet its Corporate Priorities for family dispute resolution services.

1. 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.

1. Clinical Supervision may include:

4.1Direct 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

4.3Lectures, workshops, presentations, and

4.4 Individual discussion sessions, peer review and discussion and debriefing opportunities either face to face or by telephone.

1. 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.
2. Legal Aid NSW will provide support to each FDRP in order to assist him or her conduct effective conferences through:

6.1reviewing 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

6.3promoting ethical and respectful supervision practices.

1. 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