Nicola Roxon (Gellibrand, Australian Labor Party, Shadow Attorney-General) Share this | Hansard source

by leave—I move amendments (39) and (40) together:

(39)  Schedule 1, after item 16, page 20 (after line 8) insert:

16A  After paragraph 63C(1)(c)

Insert:

             (d)    the cooling-off period referred to in subsection (1A) has expired.

16B  After subsection 63C(1)

Insert:

    ‘(1A)    A cooling-off period is a period of seven days after a parenting plan is made, revoked or varied during which either party may advise in writing that he or she does not wish to make, revoke or vary the parenting plan and the parenting plan is not made, revoked or varied as the case may be.’

(40)  Schedule 1, page 21, after item 17, insert:

17A  Section 63D

Repeal the section, substitute

63D Parenting plan may be varied or revoked by further written agreement

        (1)    A parenting plan, other than a plan to which section 63D applies, may be varied or revoked by agreement in writing between the parties to the plan.

        (2)    Any variation or revocation under subsection (1) takes effect after the cooling-off period has expired.

The Attorney and government should have absolutely no problem in accepting these amendments. They reveal the hypocrisy of the Attorney’s view so far, which is that, no matter what his original opinions were, he is now just respecting the recommendations of the LACA committee. That is why he has a different view from me and from his original view on a number of the other amendments. In this case, the amendments are exactly what was recommended by the LACA committee. Recommendation 33 dealt with a cooling-off period.

The amendments provide for a cooling-off period. When parenting plans are reached without the parties necessarily having any advice or legal counselling from a family relationship centre or elsewhere, there is a seven-day cooling-off period. The LACA committee considered this and recommended that it was a good way of ensuring that people were not making a decision on the long-term benefits of their children at a vulnerable time or in the heat of the moment and that if, on reflection, they realised that they had made a bad decision or agreement that was not in the interests of their children they would not be bound by that agreement.

This is a specific provision which allows for a seven-day cooling-off period. It has been recommended by the committee. The Attorney says that he respects the views and recommendations of colleagues on the committee. Accordingly, I call on him to support these amendments or else show himself to be quite hypocritical on this matter.

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