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

Sorry, Senator Cash, for the time taken there. The government's approach on full repeal is that is the most direct approach to addressing misunderstandings about the issue amongst the general public. Any presumptions about parental responsibility can take the focus away from the child's needs and can encourage parents to negotiate in their own interests or to agree to agreements despite their safety concerns because they think this is required by law. There is 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 system have supported the presumption in its current form. It is widely misunderstood as creating an entitlement for parents to have equal, fifty-fifty time. I mentioned that the joint select committee recommended the government urgently release the exposure draft. I mentioned the 2017 House Standing Committee on Social Policy and Legal Affairs inquiry, which 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 a presumption of joint decision-making about major long-term issues; however, the government considers that the renaming of the presumption would not sufficiently address the safety concerns associated with its application. I then mentioned the Australian Institute of Family Studies reports from 2015 and 2022, which show that orders for shared parental responsibilities 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 where matters are determined by a court.