Senate debates

Thursday, 30 March 2006

Family Law Amendment (Shared Parental Responsibility) Bill 2006

In Committee

8:18 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Hansard source

We do not support this amendment. This is one of those definition areas where the devil is in the detail. We appreciate the intention of the first of these amendments, to introduce a conduct based definition of family violence. Labor have been advocating for the relevant parties to have a serious look at this type of approach. It is similar to approaches that have been adopted in other state domestic violence legislation. However, on the government’s proposal we have argued that it would have been better if this issue had been left until the Australian Institute of Family Studies have completed their study and considered the various alternatives.

The other amendments deal with interaction between federal parenting orders and the state family violence orders. We are not inclined to support changes in this area without more consideration—in other words, we are not prepared to do that on the floor of the parliament without having a more considered look at these issues. We have not had the opportunity of hearing from the states as to whether they share concerns with these amendments or they support them. Of course, this area does involve significant interaction between state and federal law. It is area which should not be settled hurriedly or on the run; it should be given sufficient time for a considered response. After the Institute of Family Studies have had an opportunity to look at this area Labor would be more hopeful that we would end up with a better position than what is being proposed by the government. Until that time we are not prepared to support these amendments.

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