Ron Boswell (Queensland, National Party) Share this | Hansard source

I seek leave to have Senator Fielding’s vote recorded as supporting the amendments.

Leave granted.

At the request of Senator Fielding, I move Family First amendment (10):

(10)  Schedule 1, page 32 (after line 6), after item 37, insert:

37B After section 67Z

Insert:

67ZA Malicious false accusations

        (1)    Evidence of a malicious false report of child abuse or family violence is admissible in proceedings between parties relating to where the child lives or relating to parenting time and the court shall make a finding on the matter of a malicious false report.

        (2)    If a court makes a finding of a malicious false report of child abuse or family violence made before or during a proceeding in accordance with this Part, the finding shall be grounds for the court to restrict the parent-child relationship between the child and the person found by the court to have made the malicious false report.

        (3)    If a court determines, based on the evidence presented to it, that an accusation of child abuse or family violence made during a proceeding is malicious and false and the person making the accusation knew it to be malicious and false at the time the accusation was made, the court may award reasonable costs, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, against the person determined by the court to have made the malicious and false report. For the purposes of this Part, person includes a witness, a party, or a party’s legal representative.

        (4)    On application by any person requesting the ordering of costs against another party under this Part, the court shall issue a direction for the other party to show cause why the requested costs should not be imposed and shall schedule a hearing on the matter not later than 15 days after a direction is given in accordance with this subsection.

        (5)    For the avoidance of doubt the remedy provided by this section is in addition to any other remedy provided by law.

I seek leave for a statement from Senator Fielding in relation to this amendment to be incorporated in Hansard.

Leave granted.