Senate debates
Wednesday, 18 September 2019
Committees
Australia's Family Law System Joint Select Committee; Appointment
4:11 pm
Matt O'Sullivan (WA, Liberal Party) | Link to this | Hansard source
Before asking that this motion be taken as formal, I advise the Senate that Senators Chandler and Bernardi have added their names to the motion. I, and also on behalf of Senators Chandler and Bernardi, move:
(1) That a joint select committee, to be known as the Joint Select Committee on Australia's Family Law System, be established to inquire into and report on the following matters:
(a) ongoing issues and further improvements relating to the interaction and information sharing between the family law system and state and territory child protection systems, and family and domestic violence jurisdictions, including:
(i) the process, and evidential and legal standards and onuses of proof, in relation to the granting of domestic violence orders and apprehended violence orders, and
(ii) the visibility of, and consideration given to, domestic violence orders and apprehended violence orders in family law proceedings;
(b) the appropriateness of family court powers to ensure parties in family law proceedings provide truthful and complete evidence, and the ability of the court to make orders for non-compliance and the efficacy of the enforcement of such orders;
(c) beyond the proposed merger of the Family Court and the Federal Circuit Court any other reform that may be needed to the family law and the current structure of the Family Court and the Federal Circuit Court;
(d) the financial costs to families of family law proceedings, and options to reduce the financial impact, with particular focus on those instances where legal fees incurred by parties are disproportionate to the total property pool in dispute or are disproportionate to the objective level of complexity of parenting issues, and with consideration being given amongst other things to banning 'disappointment fees', and:
(i) capping total fees by reference to the total pool of assets in dispute, or any other regulatory option to prevent disproportionate legal fees being charged in family law matters, and
(ii) any mechanisms to improve the timely, efficient and effective resolution of property disputes in family law proceedings;
(e) the effectiveness of the delivery of family law support services and family dispute resolution processes;
(f) the impacts of family law proceedings on the health, safety and wellbeing of children and families involved in those proceedings;
(g) any issues arising for grandparent carers in family law matters and family law court proceedings;
(h) any further avenues to improve the performance and monitoring of professionals involved in family law proceedings and the resolution of disputes, including agencies, family law practitioners, family law experts and report writers, the staff and judicial officers of the courts, and family dispute resolution practitioners;
(i) any improvements to the interaction between the family law system and the child support system;
(j) the potential usage of pre-nuptial agreements and their enforceability to minimise future property disputes; and
(k) any related matters.
(2) That the committee consist of 10 members:
(a) 3 members of the House of Representatives to be nominated by the Government Whip or Whips;
(b) 2 members of the House of Representatives to be nominated by the Opposition Whip or Whips;
(c) 1 member of the House of Representatives to be nominated by any minority party or independent member;
(d) 2 senators to be nominated by the Leader of the Government in the Senate;
(e) 1 senator to be nominated by the Leader of the Opposition in the Senate; and
(f) 1 senator to be nominated by Pauline Hanson's One Nation.
(3) That participating members may be appointed to the committee, may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee.
(4) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(5) That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
(6) That the committee elect as its chair a member nominated by the Government Whip or Whips.
(7) That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
(8) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, has a casting vote.
(9) That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(10) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine.
(11) That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
(12) That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(13) That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
(14) That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
(15) That the committee or any subcommittee may conduct proceedings at any place it sees fit and sit in public or private.
(16) That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(17) That the committee may report from time to time, but that it present its final report by no later than 7 October 2020.
(18) That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
(19) That a message be sent to the House of Representatives seeking its concurrence in this resolution.
4:12 pm
Katy Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) | Link to this | Hansard source
I seek leave to make a short statement.
Katy Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) | Link to this | Hansard source
Labor will not be supporting this inquiry. For six months now the government has been sitting on the comprehensive report by the Australian Law Reform Commission into the Family Court system. This is a report that this government itself commissioned in September 2017. This and other reviews have already identified the problems facing the family courts, as well as the hardship, and in some cases the tragedy, these problems are causing for thousands of Australian families. Women are being murdered every week in Australia, and children are dying as a result of family violence. Labor cannot support any proposal to further delay or undermine action on this critical issue. We are especially disturbed by statements this morning that the purpose of the inquiry has been predetermined, even before the parliament had agreed it should go ahead, and in particular the focus on attacking women who report allegations of family violence.
4:13 pm
Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) | Link to this | Hansard source
I seek leave to make a short statement.
Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) | Link to this | Hansard source
To hear Labor's comments that they are opposing this inquiry based on saying it is not going to deal with the real issues and that reports have been made—this is a holistic review into the family law. It's about parents, it's about fathers, it's about grandparents, it's about child protection, it's about legal costs; it is a holistic view looking at the whole family law matter. Yes, there are approximately three men suiciding and one woman being murdered a week. It is disgusting that you do not want to have that review into it.
Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) | Link to this | Hansard source
The Australian people have been calling out for this. For Labor, this is a lot of your voters—these are families out there, and you are not prepared to allow this inquiry to go ahead to give them a voice, which they have never had.
Opposition senators interjecting—
Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) | Link to this | Hansard source
Labor are talking about organisations, the Law Reform Commission—that is not giving a voice to the Australian people. Shame on the Labor Party and the Greens for not supporting this.
Scott Ryan (President) | Link to this | Hansard source
Order, Senator Hanson. Before I call Senator McKim, I say that not only are interjections disorderly; when you are not in your seat, they are particularly disorderly. In this section of business, they are very much so. This is not a time for debate. Statements are granted by leave to allow people to explain their positions. I do not want to hear shouting across the chamber during those statements.
4:14 pm
Nick McKim (Tasmania, Australian Greens) | Link to this | Hansard source
I seek leave to make a short statement.
Nick McKim (Tasmania, Australian Greens) | Link to this | Hansard source
This motion is a stitch-up between the government and One Nation, and there is no doubt there are predetermined outcomes in play here. The committee is not fit for purpose. The fact that One Nation will co-chair this inquiry with its anti-women, anti-children agenda should tell us all we need to know about its integrity and independence. The Australian Law Reform Commission's review into the family law system was tabled in April this year and contained 60 recommendations to place children at the centre of the system. The government is yet to respond to those recommendations. They are what the government should be focusing on, not engaging in dangerous, rank politicking on a complex issue, which is exactly what will happen at this inquiry. The Greens will not be supporting this motion.
4:15 pm
Mathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) | Link to this | Hansard source
I seek leave to correct a statement that has just been made, to ensure the Senate has proper information before making a judgement.
Mathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) | Link to this | Hansard source
I thank the Senate. Senator McKim just indicated that Senator Hanson will be co-chairing this joint select committee. That is not correct. The chair of this committee, as announced by the Prime Minister, is intended to be Kevin Andrews, who's got great experience in this difficult policy area, having been part of an inquiry in relation to this issue back in 1991. What we have indicated is that, should this committee be set up, we will be supporting Senator Hanson to be elected as the deputy chair.
Scott Ryan (President) | Link to this | Hansard source
Can I remind senators, if this section of the business program is to remain remotely functional then one-minute statements are not opportunities for debate, sledging or impugning other senators or parties. They are an opportunity historically to explain one's position. I ask senators to keep that in mind, because only so few senators get given the chance. Any one senator can deny any other senator leave, so show some courtesy towards one's colleagues.
The question is that motion No. 142, moved by Senator O'Sullivan, be agreed to.