The Albanese Government has unveiled a new draft legislation aimed at reforming the Family Law Act to make it more accessible, safer, user-friendly, and just for all Australian families.
One significant aspect of this draft legislation is the inclusion of family violence as a crucial factor in property disputes, signaling the government’s acknowledgment of the long-term damage caused by family violence and the need to consider its consequences in property settlements.
Recent inquiries, including those by the Australian Law Reform Commission in 2019 and the Parliamentary Joint Select Committee in 2021, have highlighted ongoing challenges within the family law system. These challenges include the need for a more responsive approach to family violence, child abuse, and neglect, simplification of complex and confusing legislation, addressing inconsistencies in the competency and accountability of family law professionals, reducing financial hardship resulting from lengthy and adversarial litigation, and ensuring compliance with disclosure obligations and property/financial orders.
The draft legislation aims to simplify key principles related to property settlement within the Family Law Act, making it easier for separating parties, legal representatives, and the courts to navigate.
Additionally, the proposed reforms include:
Expanding the court’s discretion in managing evidence when family violence is alleged or present between separating couples.
Introducing a specific duty of disclosure in property and financial matters, applicable during court proceedings or when a party is preparing to initiate legal action.
Clarifying circumstances in which a court can order a party to contribute to the cost of an Independent Children’s Lawyer.
Strengthening Commonwealth Information Orders to ensure access to crucial information about the risk of violence to a child.
Establishing a framework for the future regulation of Children’s Contact Services.
These reforms build upon existing improvements in the family law system, such as regulations to consider family violence allegations in matters related to the Hague Convention on the Civil Aspects of International Child Abduction, and ongoing bills in the Senate to amend the Family Law Act.
This comprehensive reform program underscores the Albanese Government’s commitment to creating a safer family law system, particularly for the well-being of children.
A consultation paper released alongside the draft legislation seeks public feedback on the proposed amendments, aiming to enhance the drafting and implementation of these reforms.
Submissions on the draft legislation are open until November 10, 2023. Details on how to submit feedback can be found at the Exposure Draft: Family Law Amendment Bill (No. 2) 2023 – Attorney-General’s Department consultation hub.