Senate debates

Wednesday, 18 October 2023

Bills

Family Law Amendment Bill 2023, Family Law Amendment (Information Sharing) Bill 2023; In Committee

6:12 pm

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

Thanks, Senator Cash. I'll, hopefully, provide some clarity. I attempted to say that it is currently in the guidelines but we're putting in the act for the ICL to meet with a child at least once. I thought I was clear on that, but I apologise if it wasn't as clear as it could be. The requirement for the ICL to engage with children codifies in legislation the existing expectations of practice that are expressed in the guidelines for independent children's lawyers that were developed by National Legal Aid and endorsed by the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. The legislative requirement will ensure that this engagement with a child occurs in every appropriate case and will facilitate national consistency in ICL practice. This will also ensure that the views of the child can be heard and considered when decisions are being made that impact them, consistent with article 12 of the Convention on the Rights of the Child.

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