Senate debates

Wednesday, 10 May 2017

Questions without Notice

Family Law

2:34 pm

Photo of Jane HumeJane Hume (Victoria, Liberal Party) Share this | | Hansard source

My question is to the Attorney-General, Senator Brandis. Can the Attorney-General please update the Senate on what the government is doing to improve the family law system as part of the budget?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Thank you very much indeed, Senator Hume. That is a very important question, and it is important and it is significant that last night's budget contains a number of measures that lay the foundations for long-term, fundamental reform of the family law system. It is of course—as you would know, Mr President—41 years now since the Family Law Act came into operation, and in all that time, almost half a century, although it has had a number of piecemeal reviews, it has never had a comprehensive review. So we announced last night, as part of the budget, that we will ask the Australian Law Reform Commission to undertake a comprehensive review not merely of the Family Law Act but of the entire family law system and we will ask the ALRC to report back to the government by the end of 2018 with its recommendations.

As well, we announced that we are going to make legislative changes to protect the victims of family violence from being cross-examined by the perpetrators. We announced that we will establish a new mechanism—parenting management hearings—which will be a non-adversarial forum in which families can get faster solution to disputes and more easily access other services they need in relation to children; that we will provide an additional $10.7 million for extra family consultants to help courts resolve family law matters more quickly; and that we will provide a further $3.4 million for up to six additional domestic violence units, supplementing the domestic violence units already established under the 2015 Women's Safety Package.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Hume, a supplementary question.

2:36 pm

Photo of Jane HumeJane Hume (Victoria, Liberal Party) Share this | | Hansard source

Can the Attorney-General outline what the government is doing to address cross-examination in family law proceedings involving family violence?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Yes, I can. As I mentioned in my answer to your primary question, that is one of the measures. Let me expand a little further on it. As those who follow this issue know—and I know, Senator Hume, you are one who has taken a constructive and intelligent interest in this issue—it has been a matter of concern, particularly to practitioners in the field, for a long time now that a woman who is traumatised by family violence might face the additional challenge, shall we say, of being cross-examined in family law proceedings by the alleged perpetrator of that family violence if that person is not represented by a legal practitioner. So we propose to prohibit that and arrange for a system whereby the court can appoint a person to conduct that cross-examination. That announcement was welcomed this morning by Women's Legal Services Australia, in a press release which congratulated the government on the initiative. (Time expired)

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Hume, a final supplementary question.

2:37 pm

Photo of Jane HumeJane Hume (Victoria, Liberal Party) Share this | | Hansard source

Can the Attorney-General please expand upon how the parenting management hearings will help families?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Yes, I can. One of the reasons that there has been delay in the family law system is that there are too many matters that are not resolved at the earliest possible stage. In order to reform the system, one of the objectives is to ensure that the system is, as it were, front-end loaded so that everything that can be resolved early in the course of a proceeding is resolved early in the course of a proceeding.

One of the most intractable disputes—perhaps the most intractable—that arise in family law matters is in relation to parenting matters. So the government has announced that we will pilot a system whereby there is an initial parenting management hearing, a conference in the nature of a mediation, so that separating parties with children can discuss arrangements in relation to the parenting of those children, and, if they can be encouraged to reach agreement at that stage, the matter does not have to proceed through— (Time expired)