Senate debates

Tuesday, 17 October 2023

Bills

Family Law Amendment Bill 2023, Family Law Amendment (Information Sharing) Bill 2023; In Committee

12:06 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Thanks, Senator Cash, for the question. Existing section 60B of the Family Law Act, which contains the objects and principles, of part VII substantially overlaps with section 60CC, the best-interests factors, with a number of inconsistencies in wording. The ALRC found that many stakeholders found this overlap confusing and misunderstood the interaction between the objects and principles in the substantive law, incorrectly assuming that they would directly affect decision-making. Accordingly, recommendation 4 of the ALRC report recommended full repeal of section 60B. The bill repeals the majority of existing section 60B and substitutes the current lengthy and overlapping content with two short objects. This removes duplication and operates as a clear statement of policy intent to assist users to interpret part VII.

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