Family Law Amendment Bill (No. 2) 2023 – Exposure Draft
30 November 2023
The Law Council recently made a submission to the Commonwealth Attorney-General’s Department in response to its Exposure Draft of the Family Law Amendment Bill (No. 2) 2023 and accompanying Consultation Paper. This comprehensive submission was heavily informed by the Law Council’s Family Law Section, in addition to many Constituent Bodies. It was very pleasing to see such strong engagement, and the Law Council is grateful for each contribution.
In its submission, the Law Council considers that many of the areas for reform identified in the Exposure Draft have the potential to realise significant improvements for those who will interact with the family law system. However, the submission provides that, while the Law Council is supportive of some aspects of the Exposure Draft, it has received expressions of concern from its Family Law Section and some Constituent Bodies that several aspects of the proposed reforms will not achieve their policy intention as currently drafted, and may give rise to adverse unintended consequences. These concerns primarily relate to:
- amendments to the property decision-making framework, including the new contributions factors of the effect of family violence, financial and economic abuse, debt and wastage;
- the proposed approach to establish less adversarial trial processes for property or other non-child-related proceedings;
- amendments to section 60I relating to attending family dispute resolution before applying for a Part VII order; and
- amendments to the inadmissibility provisions in the Family Law Act 1975 (Cth).
Nonetheless, the Law Council has noted that many of the concerns raised could be addressed either by revised drafting or through an alternative policy approach.
The Law Council also responds to several consultation questions relating to protecting sensitive information in family law matters (‘protected confidences’) in its submission, in which a variety of views were received from the Family Law Section and several Constituent Bodies. In its response, the Law Council emphasises that it continues to strongly support measures to ensure that the best interests of the child remain the paramount consideration in the course of parenting proceedings.
The Law Council will monitor the progress of this proposed ‘second tranche’ of family law reforms and will continue to closely engage with the Attorney-General’s Department and Commonwealth Government during this process, including by consulting further as required and drawing upon its previous submissions, including to the Australian Law Reform Commission. It is expected that the finalised bill will be introduced to Parliament in early 2024, where it is likely to be referred to the Senate Legal and Constitutional Affairs Committee for inquiry.
Last Updated on 15/02/2024
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