Issue No 39 Spring/Summer 2005
Family Law Council Newsletter
Message from Council Chairperson Professor Patrick Parkinson
In mid-2004 the Australian Government announced its move towards significant reforms to the family law system. In June 2005 the Government released an Exposure Draft of proposed legislative changes to the Family Law Act 1975, known as the Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005. The Exposure Draft incorporated most of the recommendations made by the Family Law Council in its report to the Attorney-General entitled Recognition of traditional Aboriginal and Torres Strait Islander kinship obligations and child-rearing practices (10 January 2005). The recommendations surrounded changes to the Family Law Act 1975 to assist courts to take into account the traditional kinship obligations and child-rearing practices of Aboriginal and Torres Strait Islander peoples.
The Family Law Council supported the measures in the Exposure Draft and made a submission to the House of Representatives Standing Committee on Legal and Constitutional Affairs (the Committee) about the Exposure Draft. In addition, on 25 July 2005 Ms Nicola Davies, member of Council, appeared on behalf of Council at a hearing of the Committee to answer questions about Council’s submission. On 18 August 2005 the Committee provided a report on the Exposure Draft. The report incorporated most of the recommendations made in Council’s submission.
On 8 December 2005 the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (the Bill) was introduced in the House of Representatives. Council is pleased that the Bill incorporated a number of recommendations made by Council to the Attorney-General in two letters of advice and one report. These were:
- Letter of advice on family violence - Division 11 of Part VII of the Family Law Act 1975.
- Letter of advice on the requirement for immunity for family counsellors and family dispute resolution practitioners completed jointly with the National Alternative Dispute Resolution Advisory Council.
- Report titled Pathways for Children. A review of children’s representation in family law.
During the year there were some changes to Council membership. I would like to congratulate Justice Garry Watts, continuing member of Council, for being appointed as a Judge of the Family Court of Australia on 7 April 2005. I am pleased to welcome two new observers - Ms Kate Connors from the Australian Law Reform Commission and Principal Registrar David Monaghan from the Family Court of Western Australia.
Ms Josephine Akee from the Family Court of Australia completed her term with Council on 11 May 2005. Council is very grateful to Ms Akee for her valuable contribution to the work of the Council.
Professor Patrick Parkinson
Post-order Conflicts Concerning Parenting
A sub-committee of the Council is working on the issue of Improving family law processes for dealing with post-parenting order conflict.
Submission on the Review of the Uniform Evidence Acts
On 13 September 2005 Council made a submission to the Australian Law Reform Commission (ALRC) on issues related to family law raised in the ALRC Discussion Paper 69, Review of the Uniform Evidence Acts.
Discussion Papers: the Child Paramountcy Principle in Family Law
Council is continuing to work on the terms of reference on the paramountcy principle (the rule that the best interests of the child must be regarded as the paramount consideration when making specified decisions in the Family Law Act 1975). On 22 December 2004 Council released its first discussion paper on the operation of the child paramountcy principle in family law. Council is presently considering the submissions of interested groups on the discussion paper and will shortly provide a letter of advice to the Attorney-General. A second discussion paper is planned, on the operation of the child paramountcy principle in relocation cases. It is anticipated that this second discussion paper will be released early in 2006.
Statistical Snapshot of Family Law 2002-03
Council released its statistical report on various aspects of the Australian family law system. The report draws on data sourced from the Family Court of Australia, the Family Court of Western Australia, the Federal Magistrates Court and the Australian Bureau of Statistics.
Family Law Council Annual Report 2004-05
The Family Law Council Annual Report 2004-05 was officially tabled in the Senate and in the House of Representatives on 11 October 2005.
Visit our website at www.law.gov.au/flc/
Council’s Meeting Dates and Themes for 2005
10-11 March Hobart, Tasmania
Council met in Hobart on 10-11 March 2005. The theme for the meeting was Grandparents and extended family and their interaction with the family law system. Council invited a number of visitors to the meeting including representatives of organisations supporting grandparents in Tasmania, judicial officers and legal practitioners. The needs of grandparents were discussed and the outcome of those deliberations were some practical proposals on ways in which the Government’s reform to the family law system to support grandparents could be given particular focus.
4-5 August Sydney, New South Wales
The theme of the August meeting was the Implementation of Family Relationship Centres and related services in the new family law system. In addition to discussing services in the family law system, Council also discussed the other major reforms that are being considered, namely the recommendations of the Ministerial Taskforce on Child Support, the Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 and the Government’s proposal to combine the registries of the Family Court of Australia and the Federal Magistrates Court of Australia.
17-18 November Canberra, Australian Capital Territory
Council recently met in Canberra on 17 and 18 November. The theme of the meeting was recent developments in child support. The report of the Ministerial Taskforce on Child Support titled In the Best Interests of the Children-Reforming the Child Support Scheme was released in June 2005. Council discussed the 30 recommendations made in the report on the reform of the child support system. Council invited a number of visitors to the meeting, including Deputy Chief Justice Faulks, the General Manager of the Child Support Agency, Mr Matt Miller, and legal practitioners from local law firms practicing Collaborative Law.
Availability of Council publications
Council documents mentioned above which have been publicly released can be found at: www.law.gov.au/flc. Council would also like to advise that, due to budgetary constraints, printed copies may not always be available on request.
Visit our website at www.law.gov.au/flc/
Seasons greetings from the Family Law Council and Secretariat
Please address all correspondence and inquiries concerning the Family Law Council News to:
The Director of Research
Family Law Council
Robert Garran Offices
National Circuit
BARTON ACT 2600
Telephone: (02) 6234 4829
Fax: (02) 6234 4811
E-mail: flc@ag.gov.au
The Family Law Council News is a bi-annual newsheet which aims at informing persons and organisations about the work of the Family Law Council. The News is produced under the auspices of the Family Law Council but the views expressed are those of the writer or the Editor and not necessarily of any of its members or members of its committees. The purpose of the News is to provide general information and not legal advice. Every care is taken in the preparation of the News but readers are advised to check the detail of any legislation, cases or other material in it. All inquiries about the Family Law Council News should be directed to the Director of Research, see contact details above.
Editor: Anita Mackay
Distribution: Di Kneebone
Visit our website at www.law.gov.au/flc/
