Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

Minister, raising domestic violence in that amendment was basically about protecting people from false allegations that have been brought against them. Surveys have been held—and this has come out from the judges—about what is happening in the court system. In 90 per cent of these hearings, the judge found no risk of sexual harm to the child or children. In 25 per cent of these cases, the allegations were found to have been deliberately misleading. In another 46 per cent of these cases, the allegations were mistaken. This has been happening in the court system. I'll also refer to Family Court judge David Collier. He said that most of the allegations made to the court, over the 14-year period he was there, were for the parent's own gain and were used as a tactic to stop their partner from getting the children. Also, 90 per cent of the parents alleging child sexual abuse in contested hearings from 2012-19 were the mother. The fact is this is used. It was part of the inquiry as well. A lot of the evidence and submissions were about allegations of sexual abuse, which are being thrown around like confetti by too many people out there, and no proof is warranted.

You talk about the courts. I don't know if you're aware that just last week the Queensland Magistrates Court practice direction No. 3 of 2023, put this in their documentation:

Where a person charged with a domestic violence offence does not have legal representation for a summary proceeding for a domestic violence offence and pleads "not guilty" or declines to enter a plea, the follow process will apply.

The Court will make directions for the delivery of a Brief of Evidence in accordance with Annexure B of this direction. The review mention of the proceedings will be seven weeks after the making of the directions.

At the review mention the Court will consider whether any witness is a protected witness. If a witness is a protected witness the Court will consider making orders in accordance with Annexure C of this direction. If no orders are required a trial date will be set at the review mentioned and the matter will progress in the ordinary way.

I raise this because the Magistrates Court believes that someone who's dragged before the courts has a right to defend themselves against any domestic violence allegations brought against them. In fact, if a person is unrepresented in a court the judge cannot bring a case against them. The judge does not have to inform the court about the person who doesn't contest it.

My understanding is that a lot of people come before the courts. If they have legal representation, they are advised by their lawyers to contest without an admission to it. If you understand what I'm saying, they contest without an admission to it—that's if they have legal representation. I'll leave it up to Senator Cash while I find my notes.