Sue Lines (President) | Link to this | Hansard source

I will now deal with the Family Law Amendment Bill 2024. I will first deal with the second reading amendment circulated by the Australian Greens. The question is that the Australian Greens amendment on sheet 3099 be agreed to.

Australian Greens' circulated amendment—

At the end of the motion, add ", but the Senate:

(a) notes that:

(i) the court process is often re-traumatising for victim-survivors and all judges and legal professionals within the family law system must undertake ongoing comprehensive trauma-informed training,

(ii) community legal centres, and specifically women's legal services, need more funding to assist women to navigate the family law system; and

(b) calls on the Government to require trauma-informed training for legal professionals and increase funding for legal assistance services".

Sue Lines (President) | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments, starting with the amendment circulated by the government. I understand the minister has documents to table.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) | Link to this | Hansard source

I table an addendum to the explanatory memorandum relating to the Family Law Amendment Bill 2024. The addendum responds to matters raised by the Scrutiny of Bills Committee, the Parliamentary Joint Committee on Human Rights and the Legal and Constitutional Affairs Legislation Committee. I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill.

Sue Lines (President) | Link to this | Hansard source

The first question is that schedule 3, section 102BG in item 31 and division 2 of part 5, stand as printed.

The government opposed schedule 3 in the following terms—

(26) Schedule 3, item 31, page 77 (line 30) to page 78 (line 5), section 102BG to be opposed.

(27) Schedule 3, Division 2, page 78 (lines 15 to 20), to be opposed.

Question negatived.

The question now is that government amendments (1) to (25) and (28) to (35) on sheet QL114 be agreed to.

Government's circulated amendments—

(1) Clause 2, page 2 (after table item 6), insert:

(2) Clause 2, page 2 (table item 8), omit the table item, substitute:

(3) Clause 2, page 2 (table item 10), omit the table item.

(4) Clause 2, page 3 (after table item 13), insert:

(5) Schedule 1, item 24, page 10 (line 14), omit "the court may order", substitute "the court may make an order (including a consent order or an interim order)".

(6) Schedule 1, item 24, page 10 (after line 17), after paragraph 79(6)(a), insert:

(ab) that the companion animal be transferred to another person who has consented to the transfer; or

(7) Schedule 1, item 26, page 12 (lines 26 and 27), omit ", on the current and future circumstances of the other party".

(8) Schedule 1, item 43, page 17 (line 31), omit "the court may order", substitute "the court may make an order (including a consent order or an interim order)".

(9) Schedule 1, item 43, page 17 (after line 34), after paragraph 90SM(6)(a), insert:

(ab) that the companion animal be transferred to another person who has consented to the transfer; or

(10) Schedule 1, page 18 (after line 31), after item 43, insert:

43A After paragraph 90YZD(4)(c)

Insert:

(ca) the effect of any family violence, to which one party to the de facto relationship has subjected or exposed the other party, on the ability of a party to the de facto relationship to make the kind of contributions referred to in paragraphs (a), (b) and (c);

(11) Schedule 1, page 19 (after line 4), after item 44, insert:

44A Subparagraph 90YZD(4)(e)(xi)

Omit "and".

44B At the end of paragraph 90YZD(4)(e)

Add:

(xii) the effect of any family violence, to which one party to the subject de facto relationship has subjected or exposed the other party, on the current and future circumstances of the other party, including on any of the matters listed in this paragraph or any of paragraphs (f) to (n);

(xiii) the effect of any material wastage, caused intentionally or recklessly by a party to the subject de facto relationship, of property or financial resources of either of the parties to the subject de facto relationship or both of them;

(xiv) any liabilities incurred by either of the parties to the subject de facto relationship or both of them, including the nature of the liabilities and the circumstances relating to them; and

(12) Schedule 1, item 78, page 24 (line 12), omit "certain".

(13) Schedule 1, item 78, page 24 (line 18) to page 25 (line 12), omit subsections 102ND(2) and (3), substitute:

(2) This Division also applies to proceedings between parties that are partly under Part VII:

(a) to the extent the proceedings are under Part VII; and

(b) to the extent the proceedings are not under Part VII if:

(i) the parties consent to this Division applying to the proceedings to the extent the proceedings are not under Part VII; or

(ii) the court orders that this Division applies to the proceedings to the extent the proceedings are not under Part VII (whether or not the parties consent).

(3) This Division also applies to proceedings between parties that are not to any extent under Part VII if:

(a) the parties consent to this Division applying to the proceedings; or

(b) the court orders that this Division applies to the proceedings (whether or not the parties consent).

(14) Schedule 1, item 78, page 25 (line 17), omit "subparagraph (3)(c)(ii)", substitute "paragraph (3)(b)".

(15) Schedule 1, item 78, page 25 (line 25), omit "(3)(c)(i)", substitute "paragraph (3)(a)".

(16) Schedule 1, item 78, page 25 (line 31), omit "(3)(c)(i)", substitute "paragraph (3)(a)".

(17) Schedule 1, item 78, page 26 (line 2), omit "certain".

(18) Schedule 1, item 78, page 26 (line 5), omit "certain".

(19) Schedule 1, item 78, page 32 (line 7), omit "remaining".

(20) Schedule 1, item 83, page 36 (line 22), after "court", insert "in relation to that application".

(21) Schedule 1, item 84, page 39 (line 20), after "court", insert "in relation to that application".

(22) Schedule 1, item 86, page 42 (line 10), after "court", insert "in relation to that application".

(23) Schedule 3, page 61 (after line 2), before Part 1, insert:

Part 1A — Removing limitation on application for divorce

Family Law Act 1975

1A Subsections 44(1B) and 44(1C)

Repeal the subsections.

1B Application provision

The amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this Part commences;

(b) proceedings instituted before, and not finally determined before, the day this Part commences.

(24) Schedule 3, item 31, page 72 (lines 16 to 26), omit section 102BA, substitute:

102BA Definition of protected confidence

A protected confidence is a communication made:

(a) in the course of, or in connection with, a relationship in which one person (the confidant) is acting in a professional capacity to provide a professional service (see section 102BB) to another person (the protected confider); and

(b) in circumstances in which the confidant is under an obligation not to disclose communications made to them by, or in relation to, the protected confider (whether the obligation is express or inferred from the nature of the relationship).

(25) Schedule 3, item 31, page 77 (line 26), after "document", insert "or part of the document".

(28) Schedule 4, item 2, page 81 (lines 3 to 5), omit subsection 114UB(5).

(29) Schedule 4, item 2, page 81 (line 6), omit "(6)", substitute "(5)".

(30) Schedule 4, item 2, page 81 (line 14), omit "(7)", substitute "(6)".

(31) Schedule 4, item 2, page 81 (line 17), omit "(8) The court", substitute "(7) Subject to subsection (3), the court".

(32) Schedule 4, item 2, page 81 (lines 20 to 28), omit subsection 114UB(9).

(33) Schedule 4, page 95 (before line 4), before item 33, insert:

32A Subsection 90XT(3)

Omit "paragraph (2)(a) may provide for the amount", substitute "subparagraph (1)(a)(i) or paragraph (2)(a) may provide for the amount concerned".

(34) Schedule 4, page 95 (after line 25), after item 34, insert:

34A Subsection 90YY(4)

Omit "paragraph (2)(a) may provide for the amount", substitute "subparagraph (1)(a)(i) or paragraph (2)(a) may provide for the amount concerned".

(35) Schedule 4, page 96 (after line 19), at the end of the Schedule, add:

Part 4 — Separation declaration requirements

Family Law Act 1975

37 Subsections 90XP(2A) to (12)

Repeal the subsections, substitute:

Spouses who are parties to a marriage

(3) If the spouses are parties to a marriage, the declaration must state:

(a) that the spouses are married, but are separated at the declaration time; or

(b) if either or both of the spouses have died—that the spouses were married, but separated at the most recent time when both spouses were alive.

(4) In subsection (3), separated has the same meaning as in section 48 (as affected by sections 49 and 50).

Spouses who are parties to a de facto relationship

(5) If the spouses are parties to a de facto relationship, the declaration must state:

(a) that the spouses lived in a de facto relationship, but are separated at the declaration time; or

(b) if either or both of the spouses have died—that the spouses lived in a de facto relationship, but were separated at the most recent time when both spouses were alive.

38 Section 90XQ

Repeal the section.

39 Subsections 90YU(3) to (7)

Repeal the subsections, substitute:

(3) The declaration must state:

(a) that the parties lived in a de facto relationship, but are separated, at the declaration time; or

(b) if either or both of the parties to the de facto relationship have died—that the parties lived in a de facto relationship, but were separated at the most recent time when both parties were alive.

40 Section 90YV

Repeal the section.

Question agreed to.