The exemptions under the Family Law Act
Section 60I(9) of the Family Law Act 1975 lists the circumstances in which a parenting application can be filed without a Section 60I certificate:
| Exemption | What it covers |
|---|---|
| Family violence or abuse | A risk of family violence to a party or child, or abuse of a child. No FDR attempt required. |
| Urgency | The matter is urgent — for example, a child is at immediate risk of harm or removal from Australia. |
| Other party cannot be located | The other party's whereabouts are unknown and cannot be established. |
| FDRP assessment as unsuitable | An accredited FDRP has assessed FDR as not appropriate — they issue an s60I(8)(b) certificate. |
| Contravention proceedings | The application is about a contravention of an existing parenting order. |
How to use an exemption
If an exemption applies, you do not need to attempt FDR or obtain a Section 60I certificate before filing. You will typically need to file a supporting document or affidavit with the Federal Circuit and Family Court of Australia explaining why the exemption applies. The court then decides whether the exemption is made out.
Family violence: no FDR attempt required
The family violence exemption is the most commonly used. You do not need to attempt FDR or contact an FDRP before filing — the exemption applies directly. If you are unsure whether the circumstances qualify, seek legal advice before filing.
FDRP assessment as unsuitable
If you contact an accredited FDRP and they assess FDR as not appropriate — for example, because of a power imbalance, family violence history, or another party's incapacity — they will issue an s60I(8)(b) certificate. This certificate allows you to file parenting proceedings without FDR having been attempted.
See also: Can I get a Section 60I certificate without attending mediation?
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