Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

Firstly, I thank senators for their contributions to the debate on this very important subject. The Family Law Amendment (Shared Parental Responsibility) Bill 2006 represents the most significant reform of the family law system in 30 years. It will change the way post-separation disputes are resolved, so that better outcomes are achieved for Australian children. The amendments underpin the government’s commitment of nearly $400 million over four years to provide increased services to help couples resolve conflicts and agree about parenting arrangements.

I note that this bill has been the culmination of a great deal of work—in fact, a number of years work—by a large number of people. I would like to place on record on behalf of the government the appreciation of the work done by colleagues from both sides of politics who have been involved in the development of this legislation. The government has consulted extensively throughout the development of the family law reforms both within the legal profession and the larger community. The bill is the result of listening and responding to the views of a wide range of people on how the family law system can deliver better outcomes for Australian families. Recently we had the Senate Legal and Constitutional Committee review this bill. I note that the report was handed down last Friday, 24 March 2006. As I recall, some 16 recommendations were made, and the government is of course considering those recommendations.

This bill reflects the government’s desire to change the culture around family breakdown and to ensure that as many children as possible grow up in a safe environment with the love and support of both their parents. It is clear from this debate that everyone agrees that the best interests of the child in each individual case should continue to be the paramount consideration in making parenting orders. This bill provides that.

The bill also recognises the benefit to most children of knowing both of their parents and having both of their parents involved in their upbringing. The bill ensures that children have a right to a meaningful relationship with both parents and that parents will generally continue to share responsibility for their children after they separate. This responsibility will be shared in an equal sense. The bill also encourages parents to sit down together to work out what is best for their children, rather than fighting it out in the courts. This is more likely to create an environment where both parents are able to maintain a meaningful relationship with their children. The bill also reinforces the primary importance of ensuring that children live in an environment where they can be safe from violence or abuse. A number of provisions in the bill ensure improved case management and protection for cases involving allegations of family violence and abuse. These are very significant changes.

In addition, on 26 February this year the Attorney-General announced the launch of the government’s Family Law Violence Strategy. The strategy will support the changes to the law by focusing on ensuring that allegations of family violence and child abuse raised in family law proceedings are handled quickly, fairly and properly. In particular, the strategy will provide a better understanding of how these important cases are managed. The government also wants to improve coordination with the states and territories, which are responsible for investigation of family violence and child protection. The government will seek to ensure that information on investigations by state and territory agencies is available to allow courts to make better decisions and to provide better outcomes for our children. The Family Law Violence Strategy is directed at improving process, not about reviewing legislative definitions. It complements this legislation and other family law reforms being undertaken by the government.

The government’s reforms to child support, announced on 28 February this year, are the other important elements of the government’s reforms to the family law system. Those changes will progressively implement the report of the ministerial task force on child support entitled The best interests of children and will support shared parenting by recognising the contributions both parents make to the care of their child. We have a holistic approach to the reforms based upon the new family relationship centres and other services, these reforms to the Family Law Act and the major changes to child support. This bill delivers a fairer, faster system for the benefit of Australian families.

Debate (on motion by Senator Ellison) adjourned.