Family law reform

by Lara Freidin, Women’s Legal Services Australia

The Attorney-General, Mark Dreyfus has stated the government’s commitment to ensuring the family law system is ‘safer, more accessible, simpler to use, and delivers justice and fairness for all Australian families’ many times since taking office in May 2022. On 29 March, the government introduced the Family Law Amendment Bill 2023 and the Family Law (Information Sharing) Bill 2023. Both bills were referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry on 11 May.

Alongside making submissions to the senate committee, Women’s Legal Services Australia (WLSA) has been engaging in strategic advocacy to influence these reforms, including regular engagement with the Attorney-General’s office and the Attorney-General’s Department. Women’s legal services have been meeting with MPs across Australia to encourage their support for the bill and to explain why the family law system needs to be reformed, with an enhanced focus on the safety of children and adult victim-survivors of family violence.

WLSA has long advocated for repeal of the presumption of equal shared parenting responsibility and requirements to consider particular forms of time from the Family Law Act 1975 (Cth). The current provisions in the act have created an entrenched misunderstanding in the community that both parents are entitled to equal time with their children, regardless of family violence and abuse, and this can lead to unsafe arrangements, both for children and parents.

Family Law (Information Sharing) Bill 2023

• WLSA has made a submission to the senate inquiry into the information sharing) bill.
• WLSA supports a framework that allows for information sharing in relation to family law, family violence and child protection, however it is vital that safety measures are in place to ensure the safety of adult victim-survivors, who are predominantly women, and children.
• WLSA is concerned that safeguards will be in the regulations instead of the legislation, and there has been no proper consultation process on the regulations.

Family Law Amendment Bill 2023

• WLSA is currently seeking endorsements on its submission on an Exposure Draft of the Family Law Amendment Bill 2023 (which is due on 23 June).
• WLSA has previously made a submission on an Exposure Draft of the Family Law Amendment Bill 2023 (read here)
• WLSA and National Legal Aid made a joint statement welcoming the bill.
• WLSA supports the repeal of the presumption of equal shared parenting responsibility and requirements to consider particular forms of time. WLSA also welcomes a number of important changes which aim to make the family law system simpler and more accessible.
• A number of concerns that WLSA raised in relation to the draft bill have not been addressed:
  • The bill removes the requirement that the court prioritise safety when making decisions about what is in the best interests of the child.
  • The court is not required to consider the history of violence, abuse and neglect when determining the best interests of the child.
  • The bill weakens existing protections for cultural rights of Aboriginal and Torres Strait Islander children.
  • Safety is not prioritised in the provisions that clarify the overarching purpose of family law practice and procedure.
  • Safety has not been given enough consideration in relation to enforcement of child-related orders.

WLSA is also calling for better resourcing across the family law system, including greater access to legal assistance services, greater diversity and inclusion, greater focus on preventing systems abuse, improving cultural safety, and investment in training for family law professions to ensure they are family violence-informed, trauma-informed, culturally safe, child rights-focused, disability aware, and LGBTIQA+ aware.

If you would like to endorse or view a draft of WLSA’s submission to the senate inquiry on the Family Law Amendment Bill 2023, please contact Lara via lara@wlsa.org.au before 4:30pm Friday 23 June.