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

Thanks, Senator Hanson. The government's approach is that the full repeal is the most direct approach to addressing misunderstanding about this issue amongst the general public. Any presumptions about parental responsibility can take the focus away from the child's needs. They can encourage parents to negotiate in their own interest or to agree arrangements despite their safety concerns because they think this is required by law. They are also an additional step in the court's decision-making process, adding time and cost to proceedings.

None of the major inquiries into the family law reform have supported the presumption in its current form. It is widely misunderstood as creating an entitlement for parents to have equal fifty-fifty time with their children. The joint select committee recommended the government urgently release exposure draft legislation to amend section 61DA to address the current misunderstanding that equal shared parental responsibility equates to equal time with children.

The 2017 House Standing Committee on Social Policy and Legal Affairs inquiry into a better family law system to support and protect those affected by family violence heard substantial evidence that the distinction between responsibility and time is not well understood, influencing both the culture within the judiciary and the assumptions of separating parents when agreeing to consent orders. The committee recommended that the Australian Law Reform Commission consider developing substantial amendments to part 7 of the Family Law Act, including removing the presumption of equal shared parental responsibility. The ALRC suggested rewording it to be 'a presumption of joint decision-making about major long-term issues'; however, the government considers that renaming the presumption would not sufficiently address the safety concerns associated with this application. For example, the Australian Institute of Family Studies reports from 2015 and 2022 show that orders for shared parental responsibility are made in the majority of litigated matters and in the presence of safety concerns. This is a strong indicator that the presumption is not working as intended even when matters are determined by a court.