Anthony Chisholm (Queensland, Australian Labor Party) | Hansard source

I just wanted to take issue with one point Senator Chandler raised, and that's about applauding the gender-neutral language when it comes to domestic violence on that side of the chamber. I'd be very cautious about that because what we know from the facts is that the victims of domestic violence aren't gender neutral. Females are overwhelmingly the victims of domestic violence. So, if you want to be politically correct, don't pick that issue to be politically correct on. What we know are the facts, and the facts are that it is women who are, unfortunately, the majority of the victims of domestic violence.

I think this issue that Senator Roberts raised is an important one, but it's a classic with Senator Roberts that he always focuses in on a couple of issues or a couple of people that suit his agenda. He doesn't actually seek a broad range of views. He doesn't try and get to the nub of the problem. He isn't trying to resolve this important issue and use the power that he and Senator Hanson have in this place to pursue an agenda that will ensure that this issue can be dealt with fairly—and there does need to be reform. Instead, Senator Roberts just seeks the narrow view that he already has and he tries to further foster that and cause divide and disquiet in the community. It's unfortunate that's what One Nation and Senator Roberts want to use their two important votes they have in this chamber for. Instead of trying to further the national interest or resolve a difficult situation, he's trying to seek division and encourage it wherever possible.

If you listened to Senator Roberts' speech, you would have the view that the Australian Brotherhood of Fathers are running around the countryside doing only good deeds. But the facts on record actually speak differently to that. When you look at their history, it is a chequered history of helping people who are going through very difficult family law scenarios. It's been reported in TheDaily Telegraph:

Instead of offering suggestions to help men cope with mental health problems and stress, the ABF tells blokes in crisis to fight back by "not consenting" to any legal orders.

Instead of confining himself to offering suggestions that help men cope with mental health problems and stress, Erikson has suggested they self-harm as a form of political protest.

"Don't hide away in a dark corner. Take yourself down to your state and federal members' office and let them witness your final act in person," Erikson recently posted on Facebook.

"One week where we see 44 men hack, slice, shoot, stab, hang or overdose at a MP's office and laws would change. It's bad enough they give up, why hide it?"

This is some advice that Mr Erikson has been on the public record saying, and this was reported in TheDaily Telegraph.

In 2017 it was reported that One Nation reached out to the website Blokes Advice to sound out what their huge membership wanted. They had a three-hour meeting, and in April 2017 members of the Facebook group Blokes Advice met with representatives of One Nation for what one of the group's administrators called 'a mashing of minds'. Facebook actually shut this group down in August of that year, after it was accused of glorifying rape and violence against women. It was immediately re-formed and administrators say that kind of post got shut down and wasn't allowed anymore. It is worth noting that Mr Erikson was very active in this group as well. This was reported on by the ABC.

It's clear, when you look at who Senator Roberts is actually relying on as part of this debate, that One Nation doesn't actually have the best interests of all those families involved in sorting this out. There's no doubt that there are significant legal challenges, and the fact that this government has been in power for six years and hasn't actually administered significant changes to assist in this only further prolongs the difficulties that many families are facing. I thought it was important to put on the record the context in which Senator Roberts comes to this debate. The fact that he is so narrow minded in pursing the objectives that he and One Nation want to pursue certainly needs to be acknowledged. And it does need to be recognised that the interest that One Nation has in this area isn't about getting the best outcomes for families in Queensland going through difficult scenarios; One Nation is actually trying to promote these people and give them a voice that is based on the predisposition of One Nation and what they want to pursue in this issue.

I also want to talk about the significant problems that we currently face with the family law system. It has led to unacceptable delays for vulnerable families, and particularly for children, and there's no doubt that the ineptitude of this government over the last six years has aided and abetted that. There have been many factors that have led to the current state of affairs: the failure of the government to reappoint judges in a timely manner for the past six years, the ever-growing funding shortages for legal assistance services and a number of inefficiencies, particularly within the family law system. There's no doubt that changes have to be made, and Labor's priority is making sure that these changes are right and are done for the correct reasons so that there is a sense of balance and fairness.

The Attorney-General, Christian Porter, spent most of last year pursuing legislation that would have abolished the Family Court system in this country altogether. The legislation was introduced without any consultation with the community or the legal profession. Incredibly, the government tried to push these proposed reforms through the parliament before the completion of a landmark review into the family law system by the Australian Law Reform Commission. The report was the most comprehensive review of the family law system in four decades, but the government was intent on ignoring it. Instead, it chose to base its proposed reforms on a six-week desktop review by two accountants. Thankfully, in the last week of parliament before the election, the minister was forced to back down from his proposed reforms when he realised he did not have the numbers to get these damaging changes through the parliament. In April 2019, shortly after backing away from his own reform proposal to abolish the Family Court system altogether, the minister finally released the Australian Law Reform Commission's report on the family law system.

The Australian Law Reform Commission has made 60 recommendations for reform, including that the resolution of family law disputes eventually be returned to the states and territories. Labor is carefully considering each of these recommendations in consultation with the many stakeholder groups inside the family law system, including Australian families who've been through the existing system, family lawyers and judges. Those discussions will ultimately inform the approach that we take to addressing these problems with the current family law system during this term of parliament. Sensible and evidence based reform of the family law system is long overdue and should be a high priority for politicians from all sides of politics. At the same time, Labor will continue to push back against any attempts from the minister and the government to ram through without proper consultation poorly considered and damaging reforms to the family law system.

The Family Court of Australia was established by the Whitlam government over four decades ago. Ensuring that the Family Court system works for Australian families has been and always will be a priority for Labor. Indeed, Labor does have a proud record in this area, and it is one that we're extremely frustrated about, having now watched the government's six years of inaction and six years of delays to changes. It has shown a real slowness to act when it comes to reform in this important area.

We understand that, for the many families who are going through a difficult separation, it is a very, very tough time, and there needs to be as much support for those families as possible. Unlike One Nation, we don't think that you should therefore take sides in that debate. You need to be even-handed and ensure that that the system is fair and that it be dealt with but also acknowledge that the families involved are going through a difficult period. From our personal experiences of observing friends and family members going through this, we know how difficult these challenges can be for the family unit. It is important that governments act in the best interests of all involved and ensure not only that the legal system is as fair as possible and as neutral as possible but also that issues can be resolved in a way where there isn't so much financial damage done to families. That is what Labor are committed to, and we want the government to act to ensure that families in Australia are better represented as a result.