Steve Fielding (Victoria, Family First Party) Share this | Hansard source

The incorporated speech read as follows—

Amendment 10

Malicious false allegations

Family First believes it is important to discourage false reports of child abuse or family violence.

If a court determines, based on evidence presented to it, that an accusation of child abuse or family violence is false and the person making the accusation knew it to be false at the time it was made, the court may impose a reasonable financial penalty. That penalty should not exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable lawyers’ fees incurred in recovering the sanctions, against the person making the accusation.

No one is at risk if their allegations are true or if they believed them to be true.

A malicious false report of child abuse or family violence would be grounds for a court to consider restricting the parent/child relationship between the child and false accuser.

Family First understands the Australian Institute of Family Studies is undertaking research into violence and family law and some people have argued this issue should not be addressed until that research is published. I do not want to discount the importance of that research, but there will always be research underway and there will always be an excuse not to act. The research can be taken into account in future amendments.

I ask Senators for their support for the amendment.