Senate debates

Wednesday, 18 October 2023

Bills

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

6:36 pm

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

Thanks, Senator Hanson. Paragraph 65DAAA(2)(b) of the bill stipulates that, when deciding whether it will be the best interests of the child to consider a final parenting order, the court may take into account whether there is any new material available that was not available to the court that made the final decision. The proposed amendment removes the word 'new' from this subparagraph in response to stakeholder feedback that the inclusion of 'new' could lead to legal arguments about what 'new' means. This amendment makes it clear the court may have regard to material that was in existence at the time of the court proceedings but was not considered by the court at the time.

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