Terry Young (Longman, Liberal National Party) Share this | Hansard source

When it comes to making the right and safest decisions for children, we must always keep their best interests close at heart. Family law and the court process can be complex, difficult and emotionally exhausting for many Australian families. As a father and grandfather myself, I believe that every single Australian child is worthy of the best future and best opportunities we can give them. I know how important it is for a child to grow up in a loving, caring, clean and safe home. We must create this for them and never stop improving the legal process so that we can make it possible.

We have so many kids of families here in Australia. Some children are raised by a single mother or single father, others by a step-parent, a foster parent, a grandparent or in a family unit with both parents. We must take the rights and feelings of every child into consideration, because they deserve to be given the opportunity to enjoy a meaningful relationship with their family. In some cases, children also need to be protected from violence within the family dynamic, and it's here that we need to strive to ensure that no child is ever put in the position of fearing for their life or being harmed at the hands of a person who should be caring for them. This is paramount to allowing children to live a life of quality, love, compassion and comfort.

By improving and making amendments to Australia's Family Law Act and our court and legal systems, we are protecting our children, putting their wellbeing first, strengthening our Australian family units and building cohesive communities. This is what I hope the Family Law Amendment (A Step Towards a Safer Family Law System) Bill will achieve for Australian families. Under section 61DA of the Family Law Act 1975, there is a presumption that it is in the best interests of children that both parents equally share parental responsibility, such as jointly making long-term decisions about their children. This provision was a significant part of reforms to family law, made by the Howard government in 2006, to emphasise the importance of children maintaining a meaningful relationship with both parents where it is safe to do so. However, shared parental responsibility does not always apply. The presumption does not apply where there are reasonable grounds to believe that a parent has engaged in family violence or abuse of the child or children. This is set out in section 61DA(2) of the Family Law Act. In cases where it does apply, it can be rebutted if it's not in the best interests of the child. This is set out in section 61DA(4). It is also worth being clear that equal shared parental responsibility does not mean that the child is to spend equal time with both parents. A legislative note sets this out immediately below the section 61DA presumption. Where the presumption of equal shared parental responsibility does apply, the court must also consider whether the child spending equal time, or substantial and significant time, with their parents is both in that child's best interests and reasonably practicable.

This is an area that the Australian Law Reform Commission, the ALRC, considered as part of its review of the family law system. The report stated:

The ALRC supports the idea that a presumption of shared parental responsibility serves as a good starting point for negotiations between parents and recommends that the concept be retained.

The ALRC did not recommend the removal of the presumption; it did recommend clarification to reduce the confusion that there can be around its meaning.

While considering the ALRC response and while a joint select committee has been considering this topic, the government has put in place a range of measures to improve safety within the family law system. The government has invested $13½ million in the launch of new family safety risk screening, and triage processes being piloted in the family law courts. There is government funding of $10.4 million to pilot the rollout of co-located state and territory child protection and policing officials in family law courts across Australia. This government banned the cross-examination of victims in family law proceedings to protect them. That has been in place since September 2019. The government also funded the establishment of family advocacy support services, and, since 2016, it has committed over $48.9 million for this program through to 2022.

At the end of the day, we cannot lose sight of what's best for the children of Australia. We must go through this process for a variety of reasons. We can't let them get lost inside the system or be forgotten, because it will shape their future. It could mean the difference between a good future and a bad future. The main priority must always be the children's welfare.

Debate adjourned.

Federation Chamber adjourned at 19:20

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