Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

I think if you've got specific instances that you're aware of you should refer that to authorities. Obviously, the courts will act in what is the best interests of the children.

The schedule implements recommendation 9 of the Australian Law Reform Commission inquiry into the family law system:

should be amended to provide a definition of member of the family that is inclusive of any Aboriginal and Torres Strait Islander concept of family that is relevant in the particular circumstances of the case.

Unlike similar definitions in state and territory legislation, the definitions of 'relative' and 'member of the family' in the Family Law Act do not currently incorporate Aboriginal and Torres Strait Islander kinship systems and concepts of family. The intent of this amendment is to recognise Aboriginal and Torres Strait Islander concepts of family and kinship, which encompass a wider range of individuals than presently recognised in the act. The amendments reflect the importance of the court recognising Aboriginal and Torres Strait Islander concepts of family when making decisions about Aboriginal and Torres Strait Islander children.

Schedule 3 of the bill therefore expands the definition of member of the family in subsection 4(1AB) by amending the definition of relative of a person in new subsection 4(1AD). New subsection 4(1AD) outlines that for the purpose of paragraph (1AB)(ea) if a person is related to an Aboriginal and Torres Strait Islander child in accordance with the child's Aboriginal and Torres Strait Islander culture, including but not limited to any kinship systems of that culture, the person is a relative of the child. This new amendment includes reference to kinship as requested within recommendation 4 of the Senate Legal and Constitutional Affairs Legislation Committee's report. Schedule 3 of the bill also expands the definition of relative of a child in subsection 4(1) to ensure this is definition is consistent with the amended definition of relative of a person in new subsection 4(1AD).