Family Law Council Terms of Reference 2026–2028

Role and functions

The Family Law Council is established by appointments made by the Attorney-General under section 115 of the Family Law Act 1975 (Cth). Its functions are set out in subsection 115(3) of the Act, as follows.

It is the function of the Council to advise and make recommendations to the Attorney-General, either of its own motion or upon request made to it by the Attorney-General, concerning:

1. the working of this Act and other legislation relating to family law;
2. the working of legal aid in relation to family law; and
3. any other matters relating to family law.

These terms of reference do not limit the Family Law Council’s capacity to consider other matters relating to the family law system and to provide advice or recommendations to the Attorney-General on its own initiative.

Terms of reference

As endorsed by the Attorney-General, the Hon Michelle Rowland MP, the Family Law Council will consider and provide advice on the following matters.

Part 1 – Enhancing therapeutic and trauma-informed practices

Recognising the family law system can have significant emotional, financial and psychological impacts on litigants, often amplifying stress and conflict during an already difficult period.

Recognising prolonged and adversarial proceedings may contribute to trauma, increase costs, delay resolution and strain family relationships, particularly where children are involved.

The Council will consider and provide a report or letters of advice on opportunities to introduce or extend therapeutic and trauma-informed practices in family court proceedings to minimise harm and to respond to the needs of families and children.

This should include consideration of international and domestic therapeutic courts and court practices, where relevant.

The Council is to report to the Attorney General on or prior to 17 February 2028.

Part 2 – Expert advice on current and evolving issues

The Council is asked to provide advice and recommendations in an agile and flexible manner on emerging issues connected to family law, including:

1. the use of artificial intelligence across the family law system
2. family law system responses to family and domestic violence
3. approaches to the training, accountability and competency of private family report writers.

This may involve the Council participating in roundtables with stakeholders and experts from other sectors, and providing letters of advice to the Attorney-General flexibly during the period of the terms of reference.

Consultation and past inquiries

In providing its advice and recommendations, the Council will consult relevant stakeholders and have regard to other recent inquiries and expert reports on or related to the family law system.