Submission to the Senate Standing Committee on Legal and Constitutional Affair’s inquiry into the Federal Circuit and Family Court of Australia Bill 2018 (the Bill)
23 November 2018 | Download full submission
Executive summary
If enacted, the Bill will significantly reform the Family Court of Australia. Community Legal Centres NSW agrees that the family court system needs reform. However, we are deeply concerned that the proposed reforms take an already overstretched and chronically underfunded system in the wrong direction. Our key concerns are that the reforms:
- are being unnecessarily rushed and should be withdrawn or delayed until the Australian Law Reform Commission reports on its review of the Family Law System in March 2019
- will lead to a loss of specialisation within the family law system at a time when more not less specialisation is needed to address the increasing complexities of modern Australian society, families and the needs of children
- prioritise economic efficiencies over safety and fail to address the chronic underfunding of the family court.
Summary of recommendations
- The Federal Government should withdraw the Bill immediately (or at least delay its passage) until the Australian Law Reform Commission has published its final report on Family Law System, so that any structural changes to the court system can be informed by its findings and recommendations.
- The Federal Government should extend the Australian Law Reform Commission’s terms of reference (and its timeframe for reporting) to include consideration of proposed structural reforms to the Family Court of Australia.
- Any reform to the family law system should guarantee increased specialisation and accreditation for all legal professionals – including family dispute resolution practitioners, lawyers, family consultants, report writers and judicial officers – in family law and family violence, as well as cultural competency and disability awareness.
- The Federal Government should engage in meaningful consultation with family violence experts, victim-survivors and the legal profession before pursuing these reforms.
- The Federal Government should prioritise increased funding for the Family Court and critical services that reduce the impact of family violence and increase participation in effective family law dispute resolution, such as specialised legal assistance services.