House debates

Wednesday, 10 May 2023

Bills

Family Law Amendment (Information Sharing) Bill 2023; Second Reading

5:16 pm

Photo of Michelle RowlandMichelle Rowland (Greenway, Australian Labor Party, Minister for Communications) Share this | Hansard source

The government thanks all parliamentary members for their contributions to the debate on the Family Law Amendment (Information Sharing) Bill 2023. This bill is a significant step towards ensuring that children and families do not fall between the gaps of the federal family law system and the state and territory policing and child protection systems. The bill improves the family law system's ability to protect children and victim-survivors by ensuring all information is available to identify, assess and respond to family violence, child abuse and neglect risk. In doing so, the bill progresses the government's commitment to end gender based violence in one generation and complements the Family Law Amendment Bill 2023 by putting the best interests of children at the centre of a simpler and safer family law system.

This bill will enhance the framework for information sharing from state and territory child protection, police and firearms agencies to the family law courts, giving effect to key aspects of the Operationalising the National Strategic Framework for Information Sharing Between the Family Law and Family Violence and Child Protection Systems, the national framework. In doing so, this bill will enshrine a new information-sharing regime within the Family Law Act 1975 for the comprehensive sharing of family safety information with appropriate protections and safeguards.

Attorneys-general from all states and territories have endorsed the national framework and its objective of providing a streamlined process for information sharing across systems. This commitment recognises the reality that families and children involved in family law processes are often engaged across multiple systems—federal, state and territory. It is therefore critical the decision-makers across these systems, especially within the family law system, have information available to holistically understand family violence, child abuse and neglect risk affecting children, families and individuals.

In broadening the scope of information able to be shared between these systems, this bill is alive to the need of ensuring that sensitive and personal information is protected. This bill includes a series of exemptions to the sharing of certain information and will be further supported by safeguards to be prescribed in amendments to the Family Law Regulations 1984. Together these measures with ensure that critical family safety information is used, accessed, shared and stored in a responsible, safe and secure manner.

The government further acknowledges that any framework for family safety information sharing must be fit for purpose. A statutory review provision has therefore been included in this bill to provide for an evaluation of the design, implementation and operation of these amendments 12 months after their commencement. There will also be a six-month delay in commencement of the provisions proposed in this bill. This will allow the family law courts and states and territories to implement the new framework, including rolling out training and guidance material, to ensure consistency in delivery across Australia. The government also looks forward to working with Western Australia to mirror amendments to their Family Court Act 1997, delivering a truly national information-sharing framework.

In conclusion, the measures in this bill will ensure that no child, family or individual experiencing family violence, abuse or neglect falls between the gaps of the federal family law system and the state and territory child protection and family violence systems and ensure the family law courts can make decisions in the best interests of children, informed by a comprehensive understanding of family safety risk. Keeping children and families safe is at the heart of the family law system. This bill ensures the government and the family law system are delivering on this crucial responsibility.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.

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