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Exposure draft for Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017

Consultation

Closing date

Family violence is unacceptable and requires a strong response from Australian governments.

As part of this response, the Australian Government invited public comment on an exposure draft of proposed legislative amendments to the Family Law Act 1975 to ensure that victims of family violence are not put in a position where they are personally cross-examined by alleged perpetrators, or themselves required to cross-examine their alleged perpetrator. The proposed amendments seek to maintain procedural fairness for all parties by allowing self-represented parties to ask questions through an intermediary, appointed by the court.

In October 2016, the Council of Australian Governments (COAG) hosted a national summit on reducing violence against women and their children. A key area of reform identified was to protect victims through court proceedings, including by imposing a bar on direct cross-examination by perpetrators of family violence.

 

Consultation papers

On 17 July 2017, the Attorney-General released the exposure draft for public consultation. Submissions closed on Friday 25 August 2017.

Consultation paper – Family violence cross examination amendments

Consultation
The consultation paper invited public comment on an exposure draft of proposed legislative amendments to the Family Law Act 1975 to address direct cross-examination of parties in family law proceedings involving family violence.

Exposure draft - Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017

Consultation
Draft Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017.  Proposed amendments of the Family Law Act 1975.

Submisisons

Submissions received by the department in response to the consultation are listed below. Submissions that were provided in confidence will not be made public.

Submissions received for the Exposure draft – Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017

Submission
Submissions received by the department in response to the Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017 consultation. Submissions that were provided in confidence will not be made public.

Contact details

Family Violence Taskforce
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600

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