Natasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

by leave—I move Democrats amendments (20) and (21):

(20)  Schedule 1, item 25, page 26 (line 18), at the end of paragraph 64D(1)(b), add “, provided the child’s parents and other persons to whom the parenting order applies can show that they have obtained independent written legal advice prior to signing the parenting plan”.

(21)  Schedule 1, item 25, page 26 (line 19), omit “, in exceptional circumstances”.

These amendments operate as checks in the process of developing parenting plans. We are attempting to ensure that these agreements are properly checked. We believe that proposed section 64D will effectively terminate prior parenting orders and we think that the risks posed by this are quite significant. We want to prevent parents from being pressured into an arrangement by another parent, especially in a situation where there is no scrutiny by a court. We believe that it is particularly important that parents are fully informed of their legal rights and of course their liabilities under these orders.

We think these amendments will actually increase protection for parents in negotiations. As I referred to in my earlier remarks, we are keen to ensure that there are protections built in for parents. We are also removing the words ‘in exceptional circumstances’ from proposed section 64D(2), so that a court will have unfettered discretion to ensure that its order cannot be overridden by a subsequent parenting plan. I commend the amendments to the chamber.