What is a Panel Family Consultant?
The Federal Circuit and Family Court of Australia utilises Panel Family Consultants to supplement the work undertaken by family consultants employed by the Court Children’s Service (CCS) (Court Child Experts).
Panel Family Consultants are appointed to the role of family consultant under regulation 40 of the Family Law Regulations 2024. Appointments are made by the Chief Executive Officer (CEO) of the Courts. The functions of family consultants are set out in section 11A of the Family Law Act 1975 (FLA). The qualifications and experience required of a Panel Family Consultant are of the same high standard as those required of Court Child Experts, namely:
- A recognised degree in social work and eligibility for membership of the Australian Association of Social Workers; or a degree in psychology and general registration with the Psychology Board of Australia
- A minimum of five years’ relevant clinical experience, including conducting assessments with children and families (noting that the relevant experience must be obtained after acquiring the relevant degree qualification)
- A working with children clearance and a National Police Check.
What needs to be taken into consideration when requesting a Panel Family Consultant be available for cross-examination
The Courts require family consultants (Court Child Experts and Panel Family Consultants) to be provided with at least 14 days’ notice in writing when requested to appear for cross-examination.
Panel Family Consultants are not employees of the Courts. The Courts pay Panel Family Consultants a fee for the following services: (1) the assessment of children and families and the provision of the associated Family Report; and (2) preparation and attendance in court for cross-examination.
Panel Family Consultants are paid on an hourly basis for cross-examination related services. This includes preparation time and the period during which they are required to be available to appear. Accordingly, Panel Family Consultants cannot ordinarily remain available for the entire duration of a hearing. While Panel Family Consultants will make all reasonable efforts to be available at a time suitable to the Court, it is important that they be provided with a specified time period within which they will be required to appear. It is also critical that Panel Family Consultants be notified as soon as practicable once it has been determined that they are no longer required to appear.
CCS may request Panel Family Consultants travel to locations of high demand to undertake assessments and prepare family reports. Accordingly, a Panel Family Consultant may be required to give evidence in proceedings being heard in a different city or state from the location in which they are ordinarily based. In such circumstances, Panel Family Consultants are required to seek leave of the Court to appear by video.
Panel Family Consultants are private practitioners who may undertake other work on a private basis and/or may be employed part-time by another organisation. This may impact their capacity to be available at short notice, to accommodate late changes to when they are required to appear or to review material provided close to the date of appearance. This should be taken into account when requesting that a Panel Family Consultant be available for cross-examination.
Panel Family Consultants provide CCS with information regarding days or periods during which they are not available for cross-examination. This information is available to the Court for consideration when final hearing dates are being set.
Note: Some practitioners who have an appointment as a Panel Family Consultant also provide private Single Expert reports which may be filed as expert evidence in the Court. When doing so they are not acting as a Panel Family Consultant. Single Expert reports are funded by the parties. CCS has no role in the provision of these private reports or in arranging for private report writers to be available for cross-examination.
How should a legal practitioner or self-represented party communicate with a Panel Family Consultant regarding
cross-examination?
A legal practitioner or self-represented party may email the Panel Family Consultant directly using the email address provided by them. Alternatively, enquiries may be directed to CCS at finalhearingreports.ccs@fcfcoa.gov.au.
Can I require Panel Family Consultants to respond to written questions about their Report?
Rule 7.26 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 provides that a party may seek to clarify the report of a single expert witness by providing questions in writing. The application of Rule 7.01(d) specifies that Rule 7.26 does not apply to family consultants (Court Child Experts and Panel Family Consultants). Hence written questions about a Report cannot be submitted to a Panel Family Consultant without leave of the Court.
More information
For more information, including access to legislation, forms or publications mentioned in this fact sheet:
- go to www.fcfcoa.gov.au
- live chat on the website
- call 1300 352 000, or
- visit a court registry near you.
This fact sheet provides general information only and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Court cannot provide legal advice.
