House debates

Wednesday, 23 November 2022

Bills

Appropriation Bill (No. 1) 2022-2023; Consideration in Detail

1:14 pm

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

Attorney-General, as you're well aware, access to justice underpins our legal system, and I congratulate you for the multiple measures announced in the government's October budget that will support access to justice, something I know you cared about way back when you started your legal career in the Northern Territory. Labor has known for over 50 years that it's particularly important that families who need to use the family law system have access to justice.

The scheme introduced in 2019 to protect against cross-examination by a perpetrator of family violence has increased access to justice for many victims of family violence who find themselves entangled in the Family Court system. The prospect of being interrogated by an abuser through cross-examination has caused many victims to abandon their family law applications. In some cases, victims have agreed to unsafe arrangements for themselves and their children just so they do not have to endure the court process and face their abuser directly.

The problem with this scheme, however, was always that it was not properly funded by the previous government since it commenced in 2019. It was a good idea, but it had bad implementation. Put simply, the scheme kept running out of money. We heard in Senate estimates a couple of weeks ago that on at least two occasions in just one jurisdiction the Attorney-General's Department was advised that they would need to suspend taking on any news matters if additional funding was not immediately made available. I've heard of families whose cases were left part heard when representation to prevent direct cross-examination could not continue due to that lack of funding. Those families experienced additional delay and additional stress. Attorney-General, I was very pleased to see additional funding of $52.4 million for this scheme in the October budget. I note that this is the largest single funding injection for this important scheme.

Also, as you are well aware, Attorney-General, the Morrison government inflicted an extensive restructure on the family law system, something I personally think was reprehensible and without any political mandate. It was a craven, sneaky act from a craven, sneaky government. Abolishing the Family Court of Australia was done on the basis of a desktop review, with no credible evidence that it would improve the experience of families using the court system. I know, Attorney-General, that you are carefully assessing those changes to ensure that such a major restructure is achieving its purpose, something I have severe doubts about.

The court itself has introduced some innovative measures to improve the experience of families using the court system. One is the Lighthouse Project, a family safety risk-screening and specialised case management pilot for matters involving family violence. Attorney-General, I was very pleased to hear the announcement in the October budget that the government is providing more than $24 million over three years to increase the capacity of legal aid commissions to support the national expansion of the Lighthouse Project from three to 15 family law registries of the Federal Circuit Court and Family Court of Australia. Obviously, providing legal assistance at an early stage of family law proceedings will increase access to justice, but it will also ensure court resources are used efficiently.

Attorney General, as you are also well aware, my electorate of Moreton was heavily impacted by floods in 2011 and again in February this year. There were 2,200 homes that had floorboards covered by water, and many businesses were destroyed. While the water has been mopped up and the piles of destroyed possessions have been taken away, the trauma will endure for those families for a very long time. What is not visible in the images flashing across our television screens during such disasters is the often complicated legal consequences that follow. People have lost everything, including their legal documents. Legal advice in the weeks and months after such an event is crucial, I would suggest. Attorney General, the Albanese government's election commitment of $12 million to boost funding for legal assistance in areas that were affected by floods in 2022 will help those in my community who are still struggling with the legal impact of the February floods. I commend you for that commitment, which will provide increased access to justice in my community and other communities in Queensland and northern and western New South Wales that have been hit by these disasters.

As I said at the start, access to justice underpins our legal system. It is also the core tenet of our modern democracy. I know that, as Attorney-General and the first law officer, you are committed to providing access to justice. So, Attorney General, can you tell us how you're going to further increase access to justice for the constituents of Moreton?

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