Section 60I Certificate Australia: Categories, Validity, and How to Get One
A Section 60I certificate is the piece of paper that unlocks the family court's door. Without one, the Federal Circuit and Family Court of Australia won't accept your application for parenting orders (unless you qualify for an exemption).
It's issued by an accredited Family Dispute Resolution (FDR) practitioner after you've attempted — or been assessed for — mediation. The certificate records which statutory category applies so you can file; it is not evidence of what was said in FDR.
The Five Certificate Categories
Each category records a different procedural outcome of FDR:
Category 1 — The Other Parent Refused or Failed to Attend
You did not attend FDR because the other parent refused or failed to attend.
What it means for court: The court may take the other parent's failure or refusal into account, including when considering costs. The certificate itself is not evidence of what was said in FDR.
Category 2 — FDR Was Not Appropriate
You did not attend because the FDR practitioner decided FDR was not appropriate, such as because of family violence or other safety concerns. This lets you file without completing a joint FDR session; it does not itself establish fault.
Category 3 — Both Attended and Made a Genuine Effort
Both parents attended and all parties made a genuine effort to resolve the issues. If no agreement was reached, this category records that both parties made a genuine effort.
Category 4 — Both Attended, But One or More Did Not Make a Genuine Effort
Both parents attended FDR, but one or more parties did not make a genuine effort to resolve the issues.
What it means for court: The court may take the lack of genuine effort into account, including when considering costs. The certificate itself is not evidence of what was said in FDR.
Category 5 — FDR Began But Was Not Appropriate to Continue
FDR began, but the practitioner decided it was not appropriate to continue, for example because safety concerns or a serious power imbalance emerged.
This category records why FDR stopped; it does not itself establish fault.
Validity Period
A Section 60I certificate is valid for 12 months. A certificate cannot be issued if your last FDR attendance or attempted attendance was more than 12 months ago, so check the date before filing.
Who Can Issue One
Only practitioners registered on the national FDR practitioner register can issue Section 60I certificates. This includes practitioners at:
- Family Relationship Centres (government-funded)
- Relationships Australia
- Legal Aid FDR services
- Private accredited mediators
Not every mediator or counsellor qualifies. If you're using a private practitioner, confirm they're accredited to issue Section 60I certificates before you start.
Online platforms like amica cannot issue certificates — they don't meet the statutory definition of FDR.
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When You Don't Need One
The Family Law Act provides narrow exemptions. You can file for parenting orders without a Section 60I certificate if:
- Family violence: There has been, or there's a risk of, family violence by a party
- Child abuse risk: There are reasonable grounds to believe the child has been or is at risk of being abused
- Urgency: Delay would expose the child to unacceptable risk (abduction, removal from Australia)
- Recent contravention: The application relates to a serious breach of an existing parenting order within the past 12 months
If you're relying on an exemption, you'll need to set out the grounds in your Initiating Application. The court will assess whether the exemption genuinely applies.
Strategic Considerations
The category records what happened procedurally. Categories 1 and 4 may be relevant to the court's assessment, including when it considers costs, but the certificate is not evidence of what was said in FDR.
A Category 2 certificate signals that FDR was inappropriate, not that anyone was at fault.
If you're attending FDR, document everything: keep copies of your initial FDR booking confirmation, records of offers you made during sessions, and any communications about scheduling. If things break down, this paper trail supports your certificate classification.
The Northern Territory Child Custody & Parenting Plan Guide covers the full FDR process, certificate categories, and how to use your certificate when filing with the FCFCOA Darwin registry.
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