House debates

Wednesday, 7 October 2020

Committees

Australia's Family Law System Joint Select Committee; Report

4:51 pm

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party, Shadow Assistant Minister for Education and Training) Share this | Hansard source

by leave—I join the member for Menzies in thanking the secretariat for the way they have handled what has been a very difficult process. I particularly thank the chair for the great work—the way he has handled people who come to this inquiry with a lot of issues, sometimes. The committee's interim report documents the extensive work undertaken thus far, as detailed by the chair. The committee has received more than 1,500 individual submissions and 163 submissions by organisations. Although hearings have continued by teleconference and videoconference, the COVID-19 pandemic has impacted on the work of the inquiry. In these circumstances it was perfectly reasonable to extend the reporting date to the last sitting day in February 2021.

I admit that I commenced this inquiry with some genuine concerns about yet another inquiry into family law being instigated while many recommendations from recent previous inquiries had not been acted upon and in some cases not even responded to by the Morrison government. The two most recent reports—the report of the House of Representatives Standing Committee on Social Policy and Legal Affairs inquiry into a better family law system to support and protect those affected by family violence, chaired by Senator Henderson, which was tabled in December 2017, and the report of the Australian Law Reform Commission inquiry into the family law system, Family law for the future: an inquiry into the family law system, tabled in March 2019—have a combined 93 recommendations to the government to improve the family law system. The vast majority of these recommendations have not been acted on.

Despite these concerns, I've taken my role in this committee seriously. I've engaged with the inquiry process in good faith and have diligently participated in the conduct of this inquiry so far. The committee has heard from many submitters. We've heard personal stories of pain and anguish when navigating a family law system that is at breaking point. We have heard from frontline workers who do incredible work with very little government support. And we have heard some interesting ideas for reform that should be given due consideration by this committee. Labor members of this committee have included some additional comments in the interim report, including some interim recommendations. While this inquiry continues to its conclusion early next year, the family law system continues to buckle right now through neglect. Families are suffering because of the inaction of the government to implement changes that have already been recommended in report after report after report.

There are recommendations for reform, common to many previous inquiries and reports, that have established and continued support, including from witnesses and submitters to this inquiry. These reforms should not need to wait for this inquiry to be finalised before being implemented. Labor members have made seven recommendations for urgent reforms that the government could implement right now. The eighth recommendation by Labor members is for the government's bills that would merge the Family Court and the Federal Circuit Court to be abandoned.

It is ironic that there are plenty of reform ideas that have been recommended time and time again by various inquiries, even with majority Liberal numbers on those inquiries, and reports that the government ignores, but the one reform it is doggedly pursuing has not been recommended by any parliamentary inquiry and has not been recommended by any academic paper. It has only been recommended by a six-week desktop accounting review, which qualified its recommendations to say that, if the Australian Law Reform Commission review did not make the same recommendation, then any decision for reform should only be made on the advice of court stakeholders, who should consider what would bring about the greatest positive outcomes. Of course, the ALRC review actually did not recommend merging the courts. This inquiry has heard witness after witness tell the committee that the government's plan to merge the courts is a terrible idea; it will hurt families. The merger bills should be abandoned and should be abandoned right now.

I implore members on the government benches to consider the additional comments by Labor members and the eight recommendations for reform. The safety and wellbeing of families and children should be a priority of the Morrison government. I hope that the Attorney-General hears this plea. At the conclusion of my submission, I move:

That the House take note of the report.

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