Senate debates

Wednesday, 18 October 2023

Bills

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

7:21 pm

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

I think I've already mentioned that 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 its 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 where matters are determined by a court.

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