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

I disagree with your assessment there. I think your view of the Attorney-General is colouring your analysis there, Senator Cash. The removal of the presumption is supported by evidence that shows that orders for shared parental responsibility are made in the majority of litigated matters and in the presence of these family violence and safety concerns. The Institute of Family Studies' research findings supported the removal of the presumption. As the Australian Institute of Family Studies states in their Senate submission:

The AIFS Evaluation research, together with the AIFS Compliance and Enforcement Project, indicates how shared parental responsibility is unworkable and, in many cases, unsafe, with the application of a presumption in favour of joint parental responsibility compounding the existing risks for families accessing the court and other formal resolution pathways.

Stakeholder feedback on the exposure draft also reaffirmed that this misconception can lead to vulnerable parties agreeing to unsafe and unfair parenting arrangements and can provide ongoing avenues for continued coercive and controlling behaviour between partners where family violence is an issue.