Philip Ruddock (Berowra, Liberal Party, Attorney-General) Share this | Hansard source

I move:

That the amendments be agreed to.

The Family Law Amendment (Shared Parental Responsibility) Bill 2006 is a very important bill because it complements the most significant changes to family law in almost 30 years. It is about changing the culture and the way in which family law issues are dealt with, hopefully to ensure that the great majority of them will be dealt with in less adversarial ways. The family relationship centres are a very important part of that initiative. This bill, as originally proposed and as amended, seeks to reinforce those changes that we expect will lead to that change of culture. In that context, I thank the Senate Legal and Constitutional Legislation Committee for their efforts in releasing a comprehensive report on this bill on 24 March. They did endeavour to expedite their considerations so that the bill could be considered when we last sat. It is only because the House was not sitting when the Senate completed its deliberations that we are dealing with this matter today.

The government will formally respond to the report, and that will be tabled shortly. We did carefully consider the recommendations of the committee, and as a result made a number of amendments. The Senate amendments substantially implement three of the committee’s recommendations. The other recommendations that the government has adopted do not require a legislative response. Those the government has not accepted revisited issues considered by previous committees of this House. Those views of the committee of this House were, in the government’s opinion, to be preferred.

The Senate amendments also clarify the government’s intention that the bill is not intended to operate so as to allow previously resolved parenting orders to be reconsidered purely on the basis of changes to the legislation. That does not preclude examination if there have been legitimate changes in circumstances. It is important that the legislation is in place prior to the opening of the first family relationship centres in July this year. That underpins the government’s reforms to the services, as I mentioned. So I look forward to the passage of these amendments today.

Amendment (1) adds a note to the definition of family violence to clarify that the tests to determine reasonableness of a fear or apprehension of violence takes into account the circumstances of a person who is relying on a reasonable fear or apprehension of violence. Amendments (2) to (4) address concerns that the bill would not apply to court applications made prior to the commencement of the bill. Amendment (5) clarifies the government’s intention that schedule 1 of the bill is not to operate so as to allow previously resolved parenting orders to be considered purely on the basis of changes to the legislation.

I commend the amendments to the House and thank all those members who have contributed to positive deliberations on this bill.

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