Rachel Siewert (WA, Australian Greens) Share this | Hansard source

We are trying to find a mechanism whereby people who say they have been subjected to domestic violence or abuse can provide some form of statement that is listed in the legislation, so it can therefore be accepted by the mediation provider. I accept what you are saying about the reverse applying, Senator Ellison, but at the moment we are deeply concerned that people who have been subjected to domestic violence or abuse are going to find mediation very difficult. We believe the legislation at the moment is too narrow for exemptions, and we are attempting to widen the provision for mediation providers to say, ‘This should go straight to court because this person has been subjected to domestic violence or abuse.’

There may be circumstances where a person who has been subjected to domestic violence or abuse will not be prepared to sign a sworn statement because they are in fear; they may not take that action because they are scared. If there are trained mediators and facilitators provided in the family relationship centres then it may be that they pick this up. Then we would expect them to take action to say that the case is not appropriate for mediation. We were not intending that the reverse should apply—that, in circumstances where it is identified that a person might have been subjected to domestic violence or abuse and therefore their case is not appropriate for mediation, that person can then supply a certificate. Let me clarify: we do not want the reverse to apply but we are trying to broaden the provisions that are currently in the bill.