Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the report tabled by the House of Representatives Standing Committee on Social Policy and Legal Affairs, From conflict to cooperation: inquiry into the Child Support Program.I would like to particularly thank the chair, the member for Dawson, George Christensen, the Deputy Chair, the member for Newcastle, Sharon Claydon, all the committee members and the secretariat for doing a wonderful job in a very difficult area. I particularly note the member for Blair, who worked in family law for a very long time—

Shayne Neumann (Blair, Australian Labor Party, Shadow Minister for Indigenous Affairs) Share this | Link to this | Hansard source

Over 20 years.

Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

for over 20 years, and knows how difficult this can be. I think every MP and senator has had someone arrive in their office—a mum or a dad—who has told that story of the problems that come with child support when it goes wrong. The terms of reference for this inquiry were to look at a number of aspects of the child support system, including assessing the methodology for calculating payments and the adequacy of current compliance and enforcement powers for the management of child support payments, the effectiveness of mediation and counselling arrangements as part of family assistance frameworks, and ensuring that children in high-conflict families are best provided for under the child support scheme—because when all is said and done this is the focus of the legislation.

The committee made 25 recommendations in the report, some quite adventurous, and I commend the committee for that. These are very sensible recommendations that will bring the child support system in line with approaches used in other streams of family support services. Several of the recommendations refer to the 'best interests of the child', which, as every family law practitioner would know, underpins part VII of the Family Law Act, governing parenting arrangements. Some of the recommendations also reflect the best practice approach when family violence is present, for example in those situations where mediation is not appropriate.

The Child Support Program has been operating for over 25 years. During that time, more than $45 billion in payments has been transferred from one parent to another—hopefully, always to the benefit of children. The system is designed to assist parents continuing to support their children after a relationship breakdown by providing administrative support, advice and financial adjudication. I do, of course, acknowledge the fact that many parents who separate and divorce and go through that process do not have to involve the child support system at all.

In the 25 years that the child support system has been in existence there have been many changes in the structure of the average family. For instance, 25 years ago the number of women in the workforce was significantly lower. Twenty-five years ago we knew far less about the impact of family violence on children. Many of those stories were not told. So it is sensible to revisit these systems that have been in place for many decades. It is sensible to apply knowledge that was not available when the systems were set up and to update those systems accordingly. That is what this report has recommended.

Many of the recommendations address the modern scourge of domestic violence. In particular, the committee recommends that a dedicated family violence response unit within the Department of Human Services be established. This unit would be responsible for ensuring that the safety and wellbeing of the child are paramount. These are important recommendations, and I am sure that the Attorney-General will take notice. Children should not be put in danger by parents arguing about who is paying for their care. Children should not be forced to live in poverty with a parent too afraid to ask for child support from an abusive ex-partner. The system needs to address these problems. These recommendations will go some way to doing just that.

In this year, with Rosie Batty as our Australian of the Year, there is no issue more in the public spotlight than domestic violence—and so it should be. It is shameful that so far this year more than one woman a week has been murdered by a partner or former partner. These recommendations reflect the gravity of the domestic violence epidemic, and while they are obviously no answer, or no magic answer, to the problem, I hope they will offer some protection to these vulnerable families.

It is important that long-standing institutions are revisited with a view to addressing problems that have developed over time, in particular with a view to protecting the vulnerable. Child support, although a separate system entirely, goes hand in hand with the family law system in Australia. Both systems assist, in different ways, families that have separated or are separating. Our current family law system has been in existence for 40 years, with some amendments along the way. By and large, it is a system that supports families well. It does have its problems, however, not least of which is that it is underresourced. Practitioners that I have spoken to all over Australia say that there are lengthy delays both in getting before a judge to have a matter heard and then getting the final judgement.

I am sure that the judges are working as hard as they can to get through the incredibly long list of matters they have to deal with. Obviously, more judges would help; obviously, replacing those judges that have already retired and those about to retire would help too. Remember, when a judge is appointed we know when they will definitely retire, ill-health aside. It is amazing that someone like Justice Bell—we knew 40 years ago when he was going to retire, and he still has not been replaced! Maybe it is time to have a fresh look at the family law system and see if improvements can also be made to that system. Delays are not good for families in distress. High-conflict families would be much better served having their matters dealt with in a timely manner so that stress triggers can be reduced.

It is particularly important for children in those families that there are not delays, that children can be cared for by parents not continually in conflict. We sometimes just need to say: 'How can we do this better? What will reduce the stress for these families? What will reduce the delays in resolving family disputes? How can these disputes be dealt with in a more timely way? Most importantly, how can we protect the vulnerable children of these high-conflict families?' I do not have all of the answers, but these are issues the government and the parliament need to consider. I am proud that, with respect to the child support system, the committee has answered the question: how can we do this better? These recommendations, if implemented by the government, will reduce stress for families after separation, will see child support disputes dealt with in a more timely way and will protect the children of high-conflict families. I commend the report to the chamber.

Debate adjourned.