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

By leave—I move government amendments (1) to (47) on sheet RU122, amendment (1) on sheet ZC233, amendments (1) to (4) on sheet ZE215 and amendment (1) on sheet ZC234 together:

(1) Clause 2, page 3 (at the end of the table), add:

(2) Schedule 1, item 6, page 5 (line 12), after "safety from", insert "being subjected to, or exposed to,".

(3) Schedule 1, item 6, page 5 (after line 27), after subsection 60CC(2), insert:

(2A) In considering the matters set out in paragraph (2)(a), the court must include consideration of:

(a) any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and

(b) any family violence order that applies or has applied to the child or a member of the child's family.

(4) Schedule 1, item 6, page 5 (line 32) to page 6 (line 2), omit paragraph 60CC(3)(a), substitute:

(a) the child's right to enjoy the child's Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:

(i) to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and

(ii) to explore the full extent of that culture, consistent with the child's age and developmental level and the child's views; and

(iii) to develop a positive appreciation of that culture; and

(5) Schedule 1, page 6 (after line 20), after item 10, insert:

10A After subsection 68P(3)

Insert:

(3A) Paragraph (3)(c) does not require the court to give a copy of the order or injunction to a child if the court is satisfied that it is in the child's best interests not to receive a copy of the order or injunction.

(6) Schedule 1, item 12, page 6 (lines 24 to 27), omit the item, substitute:

12 Application provision

The amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this item commences;

(b) proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

(7) Schedule 1, item 16, page 7 (line 28), after "child,", insert "then, except to the extent the order otherwise specifies,".

(8) Schedule 1, item 25, page 9 (lines 18 to 20), omit subitem (1), substitute:

(1) Subject to subitem (2), the amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this item commences;

(b) proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

(9) Schedule 1, item 26, page 10 (line 22), omit "new".

(10) Schedule 2, item 21, page 15 (lines 23 and 24), omit "(or must in certain circumstances with respect to costs orders)".

(11) Schedule 2, item 21, page 16 (line 8), omit "program;", substitute "program.".

(12) Schedule 2, item 21, page 16 (line 9), omit paragraph (d).

(13) Schedule 2, item 21, page 16 (line 10), after "the court finds", insert "on the balance of probabilities".

(14) Schedule 2, item 21, page 16 (line 16), omit "bond;", substitute "bond.".

(15) Schedule 2, item 21, page 16 (lines 17 to 19), omit paragraph (c).

(16) Schedule 2, item 21, page 16 (after line 29), at the end of section 70NAA, add:

Note: A court may also award costs against a party under section 117 if satisfied there are circumstances that justify it doing so.

(17) Schedule 2, item 21, page 16 (lines 33 and 34), omit paragraph 70NAB(a), substitute:

(a) supporting compliance with child-related orders; and

(18) Schedule 2, item 21, page 17 (lines 9 to 11), omit paragraph 70NAB(e), substitute:

(e) providing for sanctions for a person who contravenes a child-related order without reasonable excuse.

(19) Schedule 2, item 21, pages 17 and 18 (table), omit the table, substitute:

(20) Schedule 2, item 21, page 19 (after line 14), after section 70NAD, insert:

70NADA Burden of proof in relation to reasonable excuse

A person who claims to have a reasonable excuse for contravening a child-related order has the legal burden of proving the excuse.

(21) Schedule 2, item 21, page 19 (lines 27 and 28), omit "(or must in certain circumstances)".

(22) Schedule 2, item 21, page 21 (line 7), omit "did not spend", substitute "missed".

(23) Schedule 2, item 21, page 22 (line 21) to page 23 (line 25), section 70NBE to be opposed.

(24) Schedule 2, item 21, page 24 (lines 14 to 16), omit note 1.

(25) Schedule 2, item 21, page 24 (line 17), omit "Note 2", substitute "Note".

(26) Schedule 2, item 28, page 34 (line 4), omit "70NBE,".

(27) Schedule 2, item 30, page 34 (line 8), omit ", 70NBE".

(28) Schedule 2, item 32, page 34 (line 15), omit ", 70NBE".

(29) Schedule 3, item 2, page 37 (line 13), after "culture", insert "(including but not limited to any kinship systems of that culture)".

(30) Schedule 3, items 3 and 4, page 37 (lines 15 to 22), omit the items, substitute:

3 Subsection 4(1) (paragraph (b) of the definition of relative )

Repeal the paragraph, substitute:

(b) in paragraph (1AB)(e)—has the meaning given by subsection (1AC); and

(c) in paragraph (1AB)(ea)—has the meaning given by subsection (1AD).

4 Paragraph 4(1AB)(e)

Repeal the paragraph, substitute:

(e) the first person is or has been a relative of the second person within the meaning of subsection (1AC); or

(ea) except for the purposes of sections 60CF, 60CH and 60CI—the first person is or has been a relative of the second person within the meaning of subsection (1AD); or

5 Subsection 4(1AC)

Omit "subsection (1AB)", substitute "paragraph (1AB)(e)".

6 After subsection 4(1AC)

Insert:

(1AD) For the purposes of paragraph (1AB)(ea), if a person is related to an Aboriginal or Torres Strait Islander child in accordance with the child's Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), the person is a relative of the child.

Note: This subsection adds to the persons who are relatives of a person within the meaning of subsection (1AC). The difference is that the addition in this subsection does not apply for the purposes of sections 60CF, 60CH or 60CI, which relate to informing courts of certain matters (see paragraph (1AB)(ea)).

(31) Schedule 3, item 5, page 37 (lines 23 to 29), omit the item, substitute:

7 Application provision

So far as the amendments of the Family Law Act 1975 made by this Schedule apply in relation to proceedings, they apply in relation to:

(a) proceedings instituted on or after the day this item commences; and

(b) proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

(32) Schedule 4, heading, page 38 (line 1), at the end of the heading, add "and Hague Convention proceedings".

(33) Schedule 4, item 2, page 38 (after line 16), after subsection 68LA(5A), insert:

(5AA) The independent children's lawyer has discretion in relation to the following matters (subject to any order or direction of the court with respect to the matter, for example under paragraph 68L(2)(b) or paragraph (5D)(b) of this section):

(a) when, how often and how meetings with the child take place;

(b) when, how often and how the child is provided with an opportunity to express views.

(34) Schedule 4, item 2, page 39 (line 12), omit "68L(2)(a)", substitute "68L(2)(b)".

(35) Schedule 4, item 3, page 39 (lines 13 to 16), omit the item, substitute:

3 Application provision

The amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this item commences;

(b) proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

(36) Schedule 4, item 6, page 40 (lines 14 to 17), omit the item, substitute:

6 Application provision for items 4 and 5

The amendments of the Family Law Act 1975 made by items 4 and 5 of this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this item commences;

(b) proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

(37) Schedule 4, page 40 (after line 17), at the end of Part 2, add:

7 Subsection 111B(1B)

Repeal the subsection.

(38) Schedule 5, item 5, page 42 (before line 10), insert:

102QA Interactions between provisions and with other powers of court

(39) Schedule 5, item 6, page 44 (line 5), after "instituting proceedings", insert "under this Act".

(40) Schedule 5, item 6, page 44 (after line 14), at the end of subsection 102QAC(1), add:

Note: Proceedings includes cross-proceedings and incidental proceedings (see subsection 4(1)).

(41) Schedule 5, item 6, page 44 (line 15), after "include", insert ", but is not limited to,".

(42) Schedule 5, item 6, page 44 (line 20), at the end of subsection 102QAC(2), add:

; (d) financial harm.

(43) Schedule 5, item 14, page 48 (lines 10 to 15), omit the item, substitute:

14 Application provision

The amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this item commences;

(b) proceedings instituted before, and not finally determined by, the day this item commences.

(44) Schedule 5, item 18, page 51 (lines 23 to 28), omit the item, substitute:

18 Application provision

The amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:

(a) proceedings instituted on or after the day this item commences;

(b) proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

(45) Schedule 6, item 6, page 57 (line 23), after "material", insert "might".

(46) Schedule 6, item 6, page 57 (after line 31), at the end of subsection 114Q(3), add:

Note: Paragraphs (a) to (g) are examples of material that might be sufficient to identify a person to a member of the public. The examples are not exhaustive (see section 15AD of the Acts Interpretation Act 1901) and might not be sufficient to identify a person in every circumstance.

(47) Schedule 6, item 6, page 59 (line 4), omit "a person who is a member of the party's family or a friend", substitute "one or more persons who are members of the party's family or friends".

(1) Page 68 (after line 22), at the end of the Bill, add:

Schedule 10 — Review of amendments

1 Review of amendments

(1) The Minister must arrange for the conduct of a review of the operation of the amendments made by this Act (other than the amendments made by Schedules 8 and 9). The review is to start as soon as practicable after the third anniversary of the day that Schedule 1 to this Act commences and be completed within 12 months of the day the review starts.

(2) The Minister must arrange for a report of the review to be prepared.

(3) The Minister must table copies of the report in each House of the Parliament within 15 sitting days of that House after completion of the report.

(1) Schedule 1, item 7, page 4 (lines 21 to 24), omit paragraph 67ZBD(2)(a), substitute:

(a) abuse, neglect or family violence to which a child to whom the proceedings relate has been, or is suspected to have been, subjected or exposed;

(2) Schedule 1, item 7, page 6 (lines 11 to 14), omit paragraph 67ZBE(2)(a), substitute:

(a) abuse, neglect or family violence to which a child to whom the proceedings relate has been, or is suspected to have been, subjected or exposed;

(3) Schedule 1, item 7, page 8 (line 33), omit "may", substitute "must".

(4) Schedule 1, item 7, page 9 (line 32), omit "(3)(c)", substitute "(3)(b) or (c)".

(1) Schedule 1, item 7, page 11 (lines 3 to 19), omit section 67ZBL, substitute:

67ZBL Review of provisions

(1) The Minister must arrange for the conduct of a review of the operation of this Subdivision, and regulations made for the purposes of this Subdivision, to start at both of the following times:

(a) no later than 12 months after the commencement of this section;

(b) as soon as practicable after the end of 3 years after that commencement.

(2) The review mentioned in paragraph (1)(b) is to be completed within 12 months of the day the review starts.

(3) Both reviews must consider the effectiveness of the Subdivision and regulations in meeting the objectives of the National Strategic Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems endorsed by the Meeting of Attorneys-General.

Note: The National Framework could in 2023 be viewed on the Attorney-General's Department's website (https://www.ag.gov.au/).

(4) The Minister must arrange for reports of both reviews to be prepared.

(5) Copies of a report must be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.