Julia Banks (Chisholm, Liberal Party) Share this | Hansard source

I rise today to speak about this very important committee report, A better family law system to support and protect those affected by family violence: Recommendations for an accessible, equitable andresponsive family law system which better prioritises safety of those affected by family violence. The scourge of domestic and family violence has far-reaching effects on Australian families. I reflect today on the excellent work done in 2017 by the Standing Committee on Social Policy and Legal Affairs, a bipartisan committee, under the leadership of the chair of the committee, the member for Corangamite.

May I take this opportunity to thank all those who made submissions to the inquiry. For victims of family violence, many of whom have had involvement in the family law system, sharing personal traumas and experiences to help others is indeed commendable, and their courage in wanting to contribute to systemic change so that others may be better helped and assisted has had an indelible impact on the inquiry and our subsequent report, so I thank them immensely.

I'm very proud that, in March 2017, the Attorney-General requested that this House of Representatives standing committee inquire into how Australia's family law system can better support and protect those affected by family violence. Many families across Australia access the family law system for assistance and support to resolve the legal issues which arise following a family breakdown, and many of these families have had experience with family violence. It is imperative that adequate support and management is provided to these families to ensure their ongoing safety and wellbeing.

In my early days as a lawyer, I practised family law and saw firsthand that divorces and breakups are inherently serious and complex in any event. But when the element of domestic violence becomes an integral element of that situation—that is, when domestic violence is implicated within the family law proceedings—it often has significant, enduring and devastating consequences for the victims of violence, particularly for young children. Domestic and family violence has a far-reaching effect for those who are experiencing it; it is devastating for the children who are often caught in the situation, as well as for the respective partners.

As the report advocates, it is essential that we have an accessible, equitable and responsive family law system which better prioritises the safety of families and that steps are taken to ameliorate instances where evidence suggests the family law system is not adequately supporting or protecting families which have experienced this violence. In particular, the report raises key concerns identified in evidence provided by the people regarding the current family law system's approach to family violence, including the difficulties posed by an adversarial family law system, the existence of inappropriate responses to reports of family violence, exorbitant legal fees, complex court procedures which reduce the accessibility of the family law system, and the complexity in navigating state, territory and federal jurisdictions. These myriad complexities burden families affected by family violence, and the current design of the system has at times failed to support and protect families affected by family violence. I'm proud that the Social Policy and Legal Affairs Committee has proposed the exploration of reform for the current system in this context.

Our committee's report recommends a nationally developed risk assessment tool for use across the family law system and by all professions working within and adjacent to the family law system. We have also called for a stronger, more uniform approach to identifying and responding to family violence in family dispute resolution, using the new nationally consistent risk assessment tool. Another proposal to redress systemic shortcomings is the greater use of legally assisted family dispute resolution for families affected by family violence, thereby reducing the number of cases which proceed to court and have to wait for court dates, which frequently leads to lengthy delays in resolving disputes, with increasingly prohibitive costs.

As a committee we've recommended significant reforms if and once a matter reaches court, including ensuring that the determination of family violence occurs early in the proceedings, which must be supported by a stronger initial assessment of risk so that the court can make informed decisions regarding parenting and property matters. The committee also makes recommendations for improved case management of family law matters involving family violence, including the adoption of a single point of entry to the federal Family Court so that cases may be appropriately triaged and actively case managed. The committee has also recommended that more uniform rules and procedures are implemented to reduce complexity, as well as stronger referral pathways and penalties for abuse of process—which we know happens far too frequently—perjury and noncompliance with court orders.

Following the submissions, it is clear in the findings that obtaining an equitable property settlement after the breakdown of a relationship which has involved family violence can become very difficult. The initial divorce proceedings can be quite simple, but the property division can increase and extend the difficulties posed. The report presents evidence that property settlements can provide abusive partners with a new and fresh avenue for abuse and leave families impacted by family violence in significant financial hardship, which overlays the hardships they're already experiencing. In response, the report discusses options for safer, fairer and swifter property settlements, including simplifying the process for superannuation-splitting orders.

Some families experiencing family violence, such as families from a number of different backgrounds, can face additional barriers when accessing the family law system. Having English as a second language can be prohibitive. Barriers can be faced by Aboriginal and Torres Strait Islander families, culturally and linguistically diverse families and people with disability. As such, our report recommends that the previous recommendations of the Family Law Council be implemented.

In addition, the report recommends improving the capacity of family law professionals to respond to family violence so that inconsistencies in capacity do not place families at risk of further harm. So, too, must resources to the family law system be increased to redress a backlog of cases in the federal Family Court system, which is yet another element which elongates the time for the hearing of cases. The committee believes that ongoing support services can provide families with security and safety after a family law matter has been resolved. We have expressed support for specialist domestic violence courts to employ wraparound models of court based support. The committee also recognised the importance of evidence based, evaluated and best-practice behaviour-change programs in the ongoing safety of families which have experienced family violence and has made recommendations for the incorporation and expansion of programs in existing services.

In conclusion, I thank the former Attorney-General, Mr George Brandis, for requesting that the Social Policy and Legal Affairs Committee inquire into how Australia's family law system can better support and protect those affected by family violence. As the inquiry has determined, the family law system can be incredibly difficult and prohibitive for victims of family violence to navigate. I'm pleased that our report recommends tangible and, indeed, measurable improvements so that the scourge of family violence may be dealt with through the family law system in a person-focused, timely and efficient manner. I commend the committee's report.

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