Brett Mason (Queensland, Liberal Party, Shadow Minister for Universities and Research) Share this | Hansard source

Senator Humphries is right. There is not one. Again, for this reason, the coalition does not support the bill. The coalition argues that it will be a great tragedy if this bill starts a race to the bottom to see who can allege family violence first. Husband or wife: who alleges it first? Will be it be a race to the police to allege family violence first? That really worries the opposition. It beggars belief that the government simply closes its eyes to this likelihood. Let us see what happens in the future. I hope I am wrong, but I am not sure I am. If an allegation does not have to be substantiated, if it is purely subjective and there are no penalties for making knowingly false allegations, do we really believe that some family lawyers and litigants will not use this procedurally to gain leverage and exert pressure upon the other party? Do we really believe that they will not do that? I wish I was wrong about human nature.

If there is no longer a positive obligation to encourage and support a child to have a meaningful relationship with a former partner who is that child's parent, do we really believe that this will help children better cope at this most difficult time in their lives? Do we really believe that? If there is no longer a legal obligation, do we really believe that many people will not put their personal animosities, their conveniences and their comforts ahead of the objective best interests of their children? Just how much do we have to suspend our beliefs in order to pass this bill?

Just as the government does not believe that this bill will have negative consequences, it does not believe it will require any additional resourcing for the Family Court or that it will create any increased workload. In this bill the government demonstrates a lack of understanding of both human nature and the nature of the family law system. It is a system already stretched to the absolute limit—delays are endemic and practitioners already describe the Family Court as the court of fairytale. That is without adding the burden of this bill's provision to the mix.

Regrettably, the likely consequences of this bill will be a massive surge in the number of apprehended violence orders and temporary protection orders across Australia. I hope I am wrong, but I am just not sure I am going to be. Already discredited and all too often misused as tactical devices, DVOs will come into further disrepute and indeed further disdain. This is neither in the best interests of family law courts nor the children affected, let alone the women and children who genuinely need the protection of these court orders for their very safety.

This bill will likely lead to more false allegations being made in family law proceedings. More children will be deprived of time and contact with one of their parents. Enormous pressure will be put on litigants to settle against the threat of unfounded allegations that do not have to be substantiated by the other party, and that is the key. Given that around 94 per cent of all family law cases are resolved before formally going to trial, only six per cent of family law cases go to final judgment. There is plenty of bargaining being done in the shadow of the law, as the old expression goes.

While ostensibly intending to further protect those affected by violence and abuse with the shield of the law, the government has instead produced a club that parties to a dispute can use to freely trash each other. It is a club that the opposition is very concerned will be much used and indeed abused. The winners may well be the unscrupulous. The losers will be the real victims—the kids who will be unfairly denied contact with both parents and indeed our justice system.

This is a difficult bill and I concede this is a very difficult area of law and public policy. I concede further that I am not an expert in this area, but I do know as a member of parliament that it is highly contentious, very emotional and very difficult. The coalition does not believe that this bill deserves the Senate's support. It does not believe the case for the amendments in schedule 1 of the bill has been made by the government.

Regrettably, I suspect the probably guillotining here tonight of this bill that is critical potentially for hundreds of thousands of people in this country. This is major legislation with a major impact. The bill will not receive the scrutiny it deserves, particularly in committee tonight, which is wrong, given that it will have such an enormous effect on the emotional and family structure in this country. This is a very important piece of legislation and will affect families throughout the nation. It will change the family dynamic. Indeed, it will change the prospects of custody for both men and women in our country. This is major legislation with major consequences.

In conclusion, I reiterate the coalition's deep concern about the drafting of this bill, the lack of evidence from the government to support these changes and the bill's dire implications for families already facing the heartache and difficulties of separation. It is such a pity we will not have further time, particularly in committee, to talk about the evidence that is available and ask the hard questions of the minister as to how the bill will operate. We are not going to have that time. It is a great pity and, given how important this bill is, it is ridiculous.