NEW ACT OPERATES

Evening Post, Volume CXXVIII, Issue 107, 2 November 1939, Page 8

NEW ACT OPERATES

EFFORTS AT CONCILIATION

SOCIAL PROBLEM

b?he main object of the Domestic Proceedings Act, which came into operation yesterday, and which provides for the appointment of conciliators hetween husbands and wives,prior to the institution, of separation proceedings,

was outlined by the Minister of Justice ' (the Hon.-H. G>. It. Mason) last night. Mr.- Mason- said that a serious social problemwwass s involved, and while he did not expect to get 100 per cent, success, he had every hope that the efforts made would be justified. The Minister said that the Act mentioned certain types of persons, such as probation officers, child welfare officers, and maintenance officers, from whom conciliators might be appointed. But* in making appointments the Magistrates were not limited to these. The hope that the great majority of cases would be referred to conciliators was expressed by the Minister. The Act' provided that Magistrates might make exceptions where they thought it proper, but one would expect them under all ordinary circumstances to refer the question to a conciliator in the* first instance. • The institution of conciliators was noV in the strict sense the establishment of another Court. It was merely the introduction of different procedure into the same Court. In another sense it jnight be called a different Court, in that the Act directed that domestic cases when coming before the Court' were to be held at a different time from other cases as far as practicable. That, however, was a practice very generally adopted by Magistrates long before the passing of this Act, so that there was really nothing novel in the idea, though now it had legislative sanction. ;;"• NO SPECIAL FORMALITY. feature of the legislation did not reside in any special formality of procedure, and the essential element from which results were expected or hoped for ivas a proceeding which was without formality of any description, name-ly.-the efforts of the conciliators. In order to enable the parties to tell their story freely to the conciliator without fear' of any statement being used against them, it was expressly.indicated that no statement made to the conciliator., by either party might be given in evidence in the Court proceedings. Further^ the conciliator was forbidden, under penalty, to disclose any such statement. The Act depended utterly for its: success oil the personality of the conciliatorsi; the Minister said. They required

to;jbe persons of much understanding

and; experience, and he believed that tlie "'authorities would manage to find such persons. The New Zealand Act had some resemblance to the English Act. On the other hand, there were some differences. For example, the provision of the; New Zealand Act making confiden-tial-all statements made by-the parties to/4he conciliator was unlike the English^ Act. - X '. - ■ $Ke English Act had been in'operation.' long enough to form the basis of a -fceport on its working. In England, as',*he would expect, there had been both, successes and failures. English experience had confirmed the fact that, to'vbe lasting, the work must be based * on'" an attempt to secure understanding and,' must not be based on pressure of any-sort. /fAmong many other social problems on which this work bears is the problem; of juvenile delinquency," said Mr. Maispn. "No one can handle the questions' of the delinquency of juveniles ■ and' young persons without being steuck by. the frequency of cases having " their origin in a broken home.. Ido not'know whether any exact figures have ever been compiled in this country; but I have noticed, a recent statement in England that 58 per cent, of ' juvenile delinquents come from unhappy homes." .. , - •