Exposure Draft of Family Law Amendment (Family Violence and Other Measures) Bill Released
Monday 12 December 2016 @ 11.15 a.m. | Legal Research
The Federal Government has released an exposure draft and discussion paper of its proposed amendments to the Family Law Act 1975 (Cth). The Family Law Amendment (Family Violence and Other Measures) Bill is proposed to be introduced sometime next year, with the Government calling for public submissions on the draft bill before 20 January 2017. The Bill makes a number of amendments to the Family Law Act 1975 (Cth) based on recent reports and inquiries, particularly the Family Law Council’s reports into Families with Complex Needs and the Intersection of the Family Law and Child Protection Systems, the Coronial Inquest into the Death of Luke Batty, the Victorian Royal Commission into Family Violence and the Women’s Legal Service Australia’s Safety First in Family Law Plan.
The Discussion Paper notes that some of the amendments in the exposure draft were previously contained in the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015, which lapsed at the dissolution of parliament in May 2016.
Bill Details
The Bill makes a number of changes to the operation of the Family Law Act 1975.
Enabling State and Territory courts to resolve family law matters where appropriate
The new Bill would increase the number of state and territory courts vested with family law jurisdiction and include family law property matters in the jurisdiction these courts can exercise. This amendment is designed to streamline the number of courts that families need to access during the legal process.
Making breaching personal protection injunctions a criminal offence
The Bill introduces provisions to make it a criminal offence to breach a personal protection injunction issued under the Act. Currently, contravention is a private matter between the parties and is enforceable only by the victim who must bring a civil enforcement action. Under the new provisions, the victim would not need to be a party to proceedings, with the action being taken against the offender by the state. The consultation paper notes that this change “would reinforce that family violence is not a private matter. Family Violence it is a matter of public concern.”
Removing 21 day time limit on variations
The Bill would remove the currently existing 21 day time limit on a state or territory court’s variation of a family law order in interim domestic violence proceedings. The Act would be amended so that a variation may have effect until a time specified by the court (e.g. when a final order is made), which would remove the need for the parties to return to the family law courts within 21 days to continue the variation.
Other amendments
The Bill also makes a number of other amendments, including increasing the power of the courts to dismiss claims found to be unmeritorious or for the purpose of inflicting further trauma on a victim of family violence, and enabling courts to have more flexibility in how they explain orders and injunctions to children.
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