Michaelia Cash (WA, Liberal Party, Minister for Small and Family Business) Share this | Hansard source

Excellent; thank you very much.

During debate in the House of Representatives the Attorney-General confirmed that the government will ensure adequate funding is provided to legal aid for representation of those affected by the bill. On 20 November 2018, the government announced ongoing funding, initially of $7 million over three years, to establish the new Family Violence and Cross-examination of Parties Scheme. Legal representation under the scheme will be available to all parties, as I've just said to Senator McKim, subject to the ban on direct cross-examination in the bill. The usual legal aid means and merits tests will not apply. Parties may be required to contribute to the cost of their legal representation under the scheme based on their ability to pay, their circumstances and the cost of the matter. The government has worked extensively with National Legal Aid to accurately cost this measure and ensure that the scheme is fully funded.

The government has relied on the Australian Institute of Family Studies research it commissioned on the prevalence of direct cross-examination in family law proceedings involving allegations of family violence to identify the number of people likely to be affected by the ban. Further, the government consulted extensively on the measures in the bill, which strike the right balance between the need to protect victims of family violence from retraumatisation and the need for procedural fairness.

Evidence suggests that safeguards are not applied consistently in family law proceedings involving family violence. This creates a risk of retraumatisation for victims and, consequently, a deterrent from actually engaging in the judicial system. This bill will prioritise the safety of family-violence victims in family law proceedings by requiring that legal representatives conduct cross-examination or by ensuring that other protections are in place. Parties will be able to access the judicial system knowing that there are mechanisms in place to support them through what can be a very, very difficult process.

The government acknowledges that demonstrating the existence of family violence is complicated. Reporting family violence is challenging and, consequently, allegations of family violence are often made for the first time during family law proceedings. The government also acknowledges that each victim of family violence is unique and the effects of that violence will vary from victim to victim. For these reasons, the circumstances in which the legislative ban will apply comprise a variety of indicators that family violence has occurred. The court will also have the discretion to apply the ban where there are allegations of family violence but the prescribed circumstances are not met. If the ban does not apply, the bill will require the court to apply other protections for the victim, such as a video link or screens.

This bill will protect all victims of family violence in family law proceedings that involve allegations of family violence. In short, this bill will ensure that all parties have a fair hearing, sufficient opportunity to make their case and the opportunity to test any adverse evidence presented by the other party. The measures in the bill will be reviewed after two years. This review will include looking at the costs of providing legal representation under the measures in the bill and will inform ongoing funding requirements.

This bill will improve the justice system's ability to support vulnerable witnesses by requiring the use of protections in family law proceedings that involve allegations of family violence. Further, this bill implements a number of expert recommendations and demonstrates the Morrison government's ongoing commitment to addressing family violence. I thank senators for their contribution, and I commend the bill to the Senate.

Question agreed to.

Bill read a second time.