Senate debates

Tuesday, 22 November 2011

Bills

Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011; Second Reading

9:25 pm

Photo of Stephen ParryStephen Parry (Tasmania, Liberal Party) Share this | Hansard source

The question now is that the bill be read a second time.

The Senate divided. [21:50]

(The Deputy President—Senator Parry)

Question agreed to.

Bill read a second time.

The question now is that amendments (1) to (6) on sheet BT208 circulated by the government be agreed to.

Government's circulated amendments

(1)   Clause 2, page 2 (table item 2), omit the table item, substitute:

[commencement of Schedule 1]

(2)   Schedule 1, item 17, page 7 (line 2), omit "If there is any inconsistency in", substitute "In".

[primary considerations]

(3)   Schedule 1, item 19, page 7 (lines 18 and 19), omit paragraph (3)(k), substitute:

  (k)   if a family violence order applies, or has applied, to the child or a member of the child's family—any relevant inferences that can be drawn from the order, taking into account the following:

     (i)   the nature of the order;

     (ii)   the circumstances in which the order was made;

     (iii)   any evidence admitted in proceedings for the order;

     (iv)   any findings made by the court in, or in proceedings for, the order;

     (v)   any other relevant matter;

[family violence orders]

(4)   Schedule 1, item 22, page 9 (line 21), omit "if there is any inconsistency".

[primary considerations]

(5)   Schedule 1, item 45, page 15 (line 9), omit "Subject to item 47, the", substitute "The".

[application of certain amendments]

(6)   Schedule 1, item 45, page 15 (line 11), omit "whether instituted before,", substitute "instituted".

[application of certain amendments]

Question agreed to.

The question now is that amendments (1) to (3) on sheet 7150 circulated by the Australian Greens be agreed to.

Greens circulated amendments—

(1)   Schedule 1, item 8, page 5 (after line 4), at the end of subsection 4AB(2), add:

  ; or (k)   an act or omission by a person engaging in the behaviour mentioned in paragraphs (a) to (j) that causes a child to be exposed to the effects of the behaviour mentioned in those paragraphs.

  [definition of family violence]

(2)   Schedule 2, page 21 (before line 1), before item 15, insert:

14A Subsection 61C(1) (note 2)

Repeal the note.

14B Section 61DA

Repeal the section.

14C Section 61DB (heading)

Repeal the heading, substitute:

61DB Allocation of parental responsibility after interim parenting order made

[shared parental responsibility]

(3)   Schedule 2, page 21 (after line 17), after item 17, insert:

17A Subsection 65D(1)

Omit "sections 61DA (presumption of equal shared parental responsibility when making parenting orders) and", substitute "section".

17B Subsection 65D(2)

Omit "61DA (presumption of equal shared parental responsibility when making parenting orders) and".

[shared parental responsibility]

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