Zed Seselja (ACT, Liberal Party, Assistant Minister for Science, Jobs and Innovation) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill. I seek leave to move government amendments (1) to (9) on sheet GJ161 together.

Leave granted.

I move:

(1) Clause 2, page 2 (table items 3 and 4), omit the table items, substitute:

3. Schedule 1, Part 2   

The day after this Act receives the Royal Assent.

[injunction for the personal protection of a person]

(2) Schedule 1, heading to Division 1, page 8 (lines 3 and 4), omit the heading.

[injunction for the personal protection of a person]

(3) Schedule 1, item 15, page 9 (line 23), omit "Division", substitute "Part".

[injunction for the personal protection of a person]

(4) Schedule 1, item 15, page 9 (line 25), omit "Division", substitute "Part".

[injunction for the personal protection of a person]

(5) Schedule 1, item 20, page 10 (line 30), omit "Division", substitute "Part".

[injunction for the personal protection of a person]

(6) Schedule 1, item 20, page 10 (line 33), omit "Division", substitute "Part".

[injunction for the personal protection of a person]

(7) Schedule 1, item 24, page 11 (line 12), omit "Division", substitute "Part".

[injunction for the personal protection of a person]

(8) Schedule 1, item 24, page 11 (line 14), omit "Division", substitute "Part".

[injunction for the personal protection of a person]

The government opposes schedule 1 in the following terms:

(9) Schedule 1, Division 2, page 11 (line 25) to page 19 (line 8), to be opposed.

[injunction for the personal protection of a person]

The government is introducing amendments to remove from this bill the proposed measure which would criminalise breaches of family law injunctions made for personal protection. The amendments on sheet GJ161 implement a recommendation made by Labor senators on the Senate Legal and Constitutional Affairs Legislation Committee in their dissenting report on the bill and consequential technical amendments to the bill.

I will now outline amendments on sheet GJ161. This government takes the safety of family violence victims seriously and remains committed to the policy intention of the proposed offences. However, through government consultation and the Senate Legal and Constitutional Affairs Legislation Committee process, there have been recommendations that this measure be delayed. This recommendation has been advanced notwithstanding that the measure would not have commenced until 12 months after the bill received royal assent.

In order to progress passage of the remaining measures in the bill to deliver effective outcomes for Australian families experiencing family violence, the government has removed this measure. The government will continue to work on implementation matters associated with the measure, including the development of effective systems and information-sharing mechanisms that would enable police to enforce this measure. The government will give further consideration to the proposed offences following the Australian Law Reform Commission's review of the family law system.

In the meantime, civil enforcement of personal protection injunctions will remain available in the family law courts. The Family Law Act currently gives state, territory and federal police officers the power to arrest a person without a warrant if the officer believes on reasonable grounds that a personal protection injunction has been breached. The police officer must bring the person, once arrested, before the Family Court, where the protected person can apply for the person to be dealt with for the breach of the injunction.

The government acknowledges the calls, including the committee's report from the opposition, the Greens and key stakeholders, to ensure that measures in the bill which expand the jurisdiction of state and territory courts are appropriately resourced. The government is committed to ensuring that the measures are able to deliver outcomes to families experiencing family violence. The government is working together with states and territories through a Council of Attorneys-General family violence working group to support implementation of the bill. In the 2017-18 MYEFO, the government announced the intention to pilot the increased exercise of family law jurisdiction under the bill in selected courts in up to three states and territories. The pilots will measure the benefits for families of having all their legal matters resolved in one court while also quantifying the impact of increased exercise of family law jurisdiction on state and territory courts. The pilots will be accompanied by a package of sector support training to ensure the judicial officers, court staff, legal assistance services and child protection departments are properly equipped to exercise the enhanced jurisdiction and support families.

I note that through the committee's report Labor senators also recommended that the proposed summary dismissal amendments be reviewed after two years. The government will review the impact of these provisions after two years. The government notes the recommendations by Greens committee members for officers of the court to be appropriately trained in family law and to directly interact with children and young people. The government funded the National Judicial College of Australia to deliver family violence training for judicial officers and family law training for state and territory judicial officers. The family violence training supports the National Domestic and Family Violence Bench Book and will improve judicial officers' understanding of family violence. The family law training will include separate modules on parenting and property and will include face-to-face training as well as ongoing online modules. The Senate Legal and Constitutional Affairs Legislation Committee recommended that the bill be passed.

The remaining measures of the bill will enhance the capacity of the justice system to provide effective outcomes for Australians experiencing family violence, in particular by strengthening the power of state and territory courts to handle family law matters in appropriate situations. The bill will reduce delays, confusion and risks of violence that can arise when parties have to initiate proceedings in multiple courts. The government commends the proposed amendments and the bill to the chamber.

Don Farrell (SA, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I rise to speak to this amendment. I don't wish to take a lot of the chamber's time, but I would like to reiterate what Senator O'Neill said in her second reading debate remarks. I indicate the opposition will be supporting this amendment. As foreshadowed by Senator O'Neill, the major Australian Law Reform Commission report into the Family Law Act and the family law system is due next March. We in Labor have called for the government to wait until that report is published to consider how best to make the significant changes of criminalising the breach of PPIs and to take action to legislate immediately thereafter. We believe that this would not impose a time delay on this change being made and, as under the original bill, the criminalisation of the PPI breaches would not have come into force until 12 months after royal assent—that is, after the public of the ALRC report at the end of March. I welcome the fact that the government has been willing to negotiate with Labor on this matter, and thank them also for their cooperation, and for this reason we will be supporting the amendment tonight.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I rise to indicate that the Australian Greens believe that these amendments are sensible and will be supporting them.

John Williams (NSW, National Party) Share this | Link to this | Hansard source

I'm putting amendment (9) on sheet GJ161 only to be voted on first because, if it fails, it is consequential to the others. The question is that division 2 of part 2 stand as printed.

Question negatived.

The TEMPORARY CHAIR: I now put the question that amendments (1) to (8) on sheet GJ161 be agreed to.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.