Family Law Amendment Bill 2023
6 July 2023
The Law Council recently made a submission to the Senate Legal and Constitutional Affairs Legislation Committee in response to its inquiry into the provisions of the Family Law Amendment Bill 2023 (Cth).
In its submission, the Law Council addresses each Schedule of the Bill and supports, at least in principle, most of the proposed measures, including the:
- simplification of the ‘best interests’ factors in section 60CC of the Family Law Act 1975 (Cth);
- repeal of the presumption of equal shared parental responsibility and associated provisions;
- redraft of existing section 121 and Part VII, Division 13A of the Family Law Act; and
- expediting the review of the Federal Circuit and Family Court of Australia Act 2021 (Cth) by two years.
The Law Council makes numerous recommendations in its submission to enhance and clarify the provisions and operation of the Bill. It also broadly emphasises the need to ensure that resourcing follows reform, particularly as several of the proposed reforms may have significant funding implications for legal assistance organisations, particularly in relation to Independent Children’s Lawyers.
The submission was informed by input from the Law Council’s Family Law Section in addition to several Constituent Bodies. Input was also substantially incorporated from other Constituent Bodies who contributed to the Law Council’s March 2023 submission on the exposure draft of the Bill. The Law Council is grateful for each contribution, which enabled a comprehensive and balanced submission to be produced in relation to significant proposed reforms to Australia’s family law system.
The Law Council will continue to monitor the progress of the Bill through the Parliament and any proposed amendments, noting the Senate Committee is due to report by 24 August 2023.
Last Updated on 23/10/2023
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