Deborah O'Neill (Robertson, Australian Labor Party) Share this | Hansard source

I rise to speak in support of the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011. Family violence is an issue I desire to help address during my term as the member for Robertson, because family violence impacts on so many families—way too many families—in my own electorate and, indeed, across the entire nation. As we in this country move forward to addressing this critical issue, I see this legislation as an important element in increasing the safety, health and wellbeing of families.

Nothing affects the fabric of that most vital unit in society—the family—more than instances of domestic violence. This government and preceding Australian governments need to be commended for the public awareness campaigns that have been enacted on domestic violence. Nobody could deny that many Australians still remember the Violence Against Women—Australia Says No advertisements. That campaign was the beginning of a public discussion about what, sadly, was a dirty little family secret for too many years in too many families. Those advertisements did raise in the public consciousness a sense that domestic violence is completely socially unacceptable. But, despite the effectiveness of these campaigns in raising awareness, raising awareness is not always enough to change behaviour. Sadly, violence within families continues to be a significant issue for the Australian community.

Regrettably, in my electorate of Robertson we are not immune from family violence issues—a significant problem does exist. Information about domestic violence is communicated to me by passionate community workers, and I am particularly mindful of a recent visit to a women's refuge in my area during which I saw women and children who had fled, in the most difficult circumstances, from fear and long periods of suffering. Information about domestic violence has also been communicated to me by men in my community, who have spoken particularly of the psychological harm that some of them have come to through long periods of acrimony. It has also been communicated clearly to me by people working in the law, who often provide counselling as well as legal advice to people in critically dangerous situations. I am aware of the good work of all these people in engaging with the issue and practically supporting people who need assistance. I am particularly mindful of the work that the legal profession does to bridge the gaps in areas that social services are sometimes unable to bridge. It is clear to me that much more work needs to be done in order to address the issue of domestic violence. I am pleased that this parliament is being proactive in this area. A critical way to be effective is to reform family law to ensure that family violence is addressed through the law and that the safety of children is prioritised.

This bill follows from the Family Law Amendment (Shared Parental Responsibility) Act 2006 enacted by the previous government. The shared responsibility amendments represented a progressive law reform that satisfied the notion that children benefit from being raised by both parents wherever that is practical. Indeed, the development of family relationships centres has had an immense and positive impact on the Central Coast. This is an area where I sincerely believe that the previous government deserves credit. Yet, despite the developments of recent years, the effect on children from violence in the home and within families remains a grave concern.

In my view, family violence issues are inadequately addressed by the Family Law Act in its current form. I believe that this bill is one means through which these concerns can be addressed. I say this because the issues of family violence against children and domestic violence will not be solved by one piece of legislation alone. Rather, it requires a long-standing commitment by governments on both sides of the political divide to change any remaining cultural sentiments about such violence being acceptable and to put in place instruments that help us progress to better outcomes for all young Australians and their families.

The aim of this bill is to ensure that the safety of children is a priority when parenting matters are determined under the Family Law Act 1975. It remains an ideal for parenting responsibilities to be shared between both parents in the event of a relationship break-up. This bill, however, ensures that the Family Law Act better emphasises that the safety of children must always be the first priority when determining such parenting matters. This bill also aims to send a loud and clear message that all forms of family violence and child abuse are unacceptable. One of the key means in which this act achieves this is by changing and expanding the definitions of abuse and family violence to ones that are more appropriate for the purpose of the Family Law Act. The definitions contained in this bill are much more clear and comprehensive. They provide a far more appropriate standard of what should be considered by the courts to be abuse and family violence.

As a former high school teacher, I understand that a stable childhood, free of abuse and family violence, is essential in ensuring children reach their potential. As many of my colleagues in the teaching profession across this nation would acknowledge, schools are the sites at which a lot of the trauma of family violence is discovered. The reporting conditions that demand teachers to link people into the kind of care that they need is a big advance from the time I started in that profession. While I am aware that there are inspiring exceptions of remarkably resilient young children who do survive this, and I do not want to increase the sense of victimhood that can sometimes gather around this issue, we do know that there are long-lasting impacts on children who are affected by abuse and family violence, and the outcomes can indeed be tragic.

Our understanding of the types of abuse, including our understanding of mental health and wellbeing, has led to a much more robust definition of what abuse is. The definition of abuse in this bill includes causing a child serious psychological harm by subjecting or exposing the child to family violence. This definition also includes the serious neglect of a child. These two definitions of abuse are not currently included in the Family Law Act, yet I think that Australians absolutely concur with that definition. I am sure that nobody would deny that the definition contained in this bill constitutes what a reasonable person in the street would consider to be family violence. The current definition of family violence in the Family Law Act is only one sentence and it concerns violent actions towards a person that causes another family member to be reasonably concerned about their safety. I genuinely believe that the definition proposed in this bill is a far more comprehensive and appropriate one that captures the sorts of situations we hear about in our community and enables better resolution in the interests of children.

The definition includes a list of instances that constitute family violence. This list is not exhaustive and it is not intended to restrict the court—and that is a critical issue that needs to be on the record. It does, however, ensure that the definition of family violence is wider and includes a variety of activities that are not considered to be physical violence. One category in this list is:

… unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support …

Sadly, I have met a woman who was a victim of this kind of neglect and control by a partner who kept her on $10 a week. It is an impossible situation. I firmly believe that denying a family member financial support, denying a family member their liberty or preventing a family member from maintaining connections with their family and culture are all actions that clearly constitute family violence and demonstrate a lack of understanding and acceptance of the core provisions of our democracy—that is, equality and freedom.

I am proud to be a member of a government that firmly recognises that this needs to be developed. Family law has long been a difficult area of law because of the need to deal with sensitive issues and balance competing interests which directly affect families. All situations involving family law are unique; you cannot have a one-size-fits-all solution. There is, however, one principle that I will always support and which I believe is expressed in this bill: a care for the future health, safety and well-being of children. That must always be the most important priority of family law in matters involving children.

This bill strengthens the obligation of family law advisers to prioritise the safety of children. This is an important amendment because, whilst the role of an adviser, such as a legal practitioner, is to get the best outcome for their client, this must not occur at the expense of the safety of children in family law matters. Under this legislation, advisers in family law matters are obliged to inform and encourage their clients to act in the best interests of their child. This includes the requirement that the adviser must inform the person that they should regard the interests of the child as a paramount consideration. Additionally, the adviser must inform the person that the child's best interests are met when the child is protected from physical and psychological harm. Advisers themselves have no power to compel a client to act in a particular way, yet legal advisers should definitely be obliged to discuss these matters with their clients, even if it is an incidental discussion on these issues when providing advice can lead to a more positive outcome for children and young people.

I have a deep respect for people who work in family law and in organisations that aim to assist families. These include solicitors and their staff, family relationship counsellors, mediators and family law consultants and workers in refuges. All of the people who work with those who are vulnerable play a part, but I am particularly mindful of people who work in the family law courts. These occupations are difficult because lawyers and their staff are dealing with people who are often aggrieved about a particular situation involving their family.

Recently, an event took place in my electorate concerning an innovative program regarding domestic violence. This program is called the Integrated Domestic and Family Violence Service, which is a partnership between the New South Wales Police, local government and various community organisations. The aim of the program is to provide an integrated response to issues concerning domestic and family violence and to ensure that cases are managed in a manner that provides parties with support when dealing with family violence. This includes providing families with support to navigate themselves through the services designed to assist them to recover, and often people lack the agency to negotiate that territory without support during times of crisis, particularly in a context of acrimony or if they have suffered the loss of self-esteem that follows being subjected to psychological and physical harm.

It often takes a long time to recover from domestic violence, and this is even more complicated for families when children are involved. Often people find it difficult to get the help they needed, and the time period following a traumatic event is one of high risk. It is in this period when support is often lacking that the Integrated Domestic and Family Violence Service will attempt to coordinate support. These innovative programs require a strong and appropriate Commonwealth family law framework in order to be effective.

On the Central Coast, the Central Coast Community Legal Centre plays a vital role in providing family law advice to people who would otherwise have difficulty accessing it. The legal centre broadly supports the bill and the submission made to the Senate inquiry by the Women's Legal Service. I await the findings of the Senate inquiry as to any changes that may be made to this bill.

I am very proud of the Australian Family Law Act, which provides for a comprehensive and progressive system of family law. I am also proud of the progressive amendments to the Family Law Act, which have provided appropriate reform and have ensured that legal issues that have arisen have been addressed. Whilst the integrative solution is fundamental as a response to family violence, the role of family law legislation is to prevent it. Of course, this government, despite the utmost desire, sadly cannot prevent all domestic and family violence. Despite this, as a parliament we can better ensure that the safety and wellbeing of children is of the utmost importance when parenting decisions are made. As a parliament, we can better ensure that safer parenting arrangements for children are promoted when there are child abuse and family violence concerns.

If we believe that the will of the Australian people, as expressed in this parliament, is to prevent to the best of our ability domestic and family violence, then we will support this legislation and enable it to be enacted into law. I commend the bill to the House.

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