Government response to the report on the Family Law Amendment (Federal Family Violence Orders) Bill 2021
[Extract from response letter to President of the Senate]
Dear President
I am writing to convey the Government’s response to the Senate Legal and Constitutional Affairs Legislation Committee report on the Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions], which predates the 47th Parliament.
The Government notes each recommendation of the report. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.
I would also like to take this opportunity to outline some developments relevant to the Committee’s report and recommendations. On 24 March 2021, the Family Law Amendment (Federal Family Violence Order) Bill 2021 (the 2021 Bill) was introduced. The 2021 Bill sought to allow the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to make final Federal Family Violence Orders (FFVOs), under a final order‑only framework, for the personal protection of a child, a parent of a child, a person who is to spend time with, communicate with, or live with a child, a person who has parental responsibility for a child, or a party to a marriage from family violence, in specified circumstances. The 2021 Bill lapsed with the prorogation of the 46th Parliament.
The Government has also implemented significant reforms through three Acts of Parliament since 2023. The Family Law Amendment Act 2023 (Cth) commenced on 6 May 2024 and made changes to the Family Law Act 1975 (Cth) (Family Law Act) to ensure that the best interests of children are prioritised and placed at the centre of the family law system. This included changes to streamline the legislative framework for making parenting orders, including refining the list of ‘best interest’ factors and enhancing consideration of family violence. The amendments also created new harmful proceedings provisions to limit systems abuse by perpetrators and protect victim-survivors from being retraumatised through the misuse of family law court processes
The Family Law Amendment Act 2024 (Cth) commenced on 10 June 2025, enabling separating couples to better understand the property decision-making framework that is used by the courts, and to ensure the effect of family violence is taken into account as part of determining a property settlement.
The Family Law Amendment (Information Sharing) Act 2023 (Cth) (Information Sharing Act) commenced on 6 May 2024, giving effect to key aspects of the National Strategic Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems (National Framework).
The Information Sharing Act provides the family law courts with the power to issue information sharing orders in child-related proceedings to quickly seek information from child protection, police and firearms agencies about family violence, child abuse and neglect that could place children at risk. These changes to the Family Law Act are supported by the Family Law Amendment (Information Sharing) Regulations which introduced new prescribed information sharing safeguards.
The Attorney-General’s Department is active in pursuing better law and justice outcomes with the states and territories through forums such as the Police Ministers Council and the Standing Council of Attorneys-General. A current priority of the Attorney-General’s Department, to progress through these forums, is a review of domestic violence order frameworks across all jurisdictions, including penalties, definitions, gaps and inconsistencies, as well as opportunities for improvement.
Please accept this letter as the Government’s response to the Committee’s report. A copy of this letter has also been provided to Senator Jana Stewart, Chair of the Senate Legal and Constitutional Affairs Legislation Committee.
Yours sincerely
[signature redacted]
Michelle RowlandMP