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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
FAMILY LAW AMENDMENT BILL 2023
REPLACEMENT SUPPLEMENTARY EXPLANATORY MEMORANDUM
(Circulated by authority of the
Attorney-General, the Hon Mark Dreyfus KC MP)
AMENDMENTS TO THE FAMILY LAW AMENDMENT BILL 2023
(Government)
GENERAL OUTLINE
1. The purpose of these amendments is to make clarifying amendments to the Family
Law Amendment Bill ('the Bill'). The amendments respond to matters raised by
stakeholders in submissions made to the Senate Legal and Constitutional Affairs
Legislation Committee (the Committee) and give effect to seven recommendations
for further amendments to the Bill made by the Committee in their report on the
Family Law Amendment Bill 2023 [Provisions] dated 24 August 2023 (the
Committee's Report). The amendments also address a number of technical and
interpretation issues raised by stakeholders to remove legal ambiguity and to ensure
that the proposed changes to the Family Law Act 1975 (Cth) (Family Law Act) are
clear for lawyers, family law professionals and self-represented litigants.
2. Schedule 1 of the Bill amends the parenting framework in Part VII of the Family
Law Act, and includes proposed new section 60CC, which outlines how a court
determines what is in a child's best interests. The proposed amendments to this
section provide additional detail on how a court should consider the arrangements
that promote safety in new paragraph 60CC(2)(a). These further amendments make
clear that safety from being subjected to or exposed to family violence, abuse, neglect
or other harm is a factor the court must consider when determining the best interests
of the child and what arrangements would best promote their safety. They also make
clear that the court must consider the history of family violence, abuse and neglect
involving the child and their caregivers and any family violence order that applies or
has applied to the child or a member of the child's family.
3. Proposed amendments to new subsection 60CC(3) give greater clarity and guidance
on the consideration of the cultural rights of Aboriginal and Torres Strait Islander
children. They make clear that parenting orders may specify alternative ways for
parties to exercise joint-decision making about major-long term issues.
4. An amendment to section 65DAAA removes the word 'new' in relation to the type of
material a court can consider in determining whether to reopen final parenting orders.
The amendments also ensure that courts have the discretion not to provide children
who are protected persons with a copy of specific court orders if satisfied that it is not
in the child's best interests to do so.
5. Schedule 2 of the Bill contains a redraft of the enforcement provisions for child-
related orders. These amendments to proposed new Part VII, Division 13A, clarify
the language and intent of a number of provisions including the simplified outline
and the principal objects. The amendments also reduce duplication in the Family Law
Act by removing proposed new section 70NBE, in relation to cost orders against
complainants and respondents in contravention matters. A new section has also been
added, to make clear that a person who claims to have a reasonable excuse for
contravening a child-related order bears the onus of proof for establishing the excuse.
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6. Schedule 3 amends the original amendment within the Bill to expand the definition
of relative of a child to include a person who, in accordance with their Aboriginal or
Torres Strait Islander culture, is related to the child. The proposed additional
amendments provide further clarity that consideration of Aboriginal or Torres Strait
Islander culture, includes but is not limited to kinship systems.
7. This amendment is proposed to the definitions of 'relative of a child' in proposed
paragraph 4(1)(vii) and 'relative of a person' in proposed subsection 4(1AD) to
include the concept of a 'kinship system', as per recommendation 4 of the
Committee's Report. This broad definition also enables a court to consider any child
rearing practices that are part of a child's Aboriginal or Torres Strait Islander culture,
when determining who is a relative of a child. The words 'child-rearing practices'
will not be referenced within these definitions on the basis that these concern a
process and do not assist in identifying an Aboriginal or Torres Strait Islander family
member.
8. A further amendment to Schedule 3 of the Bill has been progressed to limit the
application of the expanded definition of 'relative' in subsection 4(1AC) and
subsequent expansion of the definition of 'member of the family' in subsection
4(1AB), which has been broadened to capture Aboriginal and Torres Strait Islander
concepts of family, from applying to court notification obligations under sections
60CF, 60CH and 60CI. This amendment is to ensure that court notification
obligations are not made more onerous for Aboriginal and Torres Strait Islander
parties to proceedings, as a result of the amended definition.
9. A final amendment to Schedule 3 will be progressed to remove the proposed
reference to 'any other ancestor', as drafted in paragraph 4(1AC) of the original Bill.
This amendment is to avoid confusion when determining familial relationships based
on ancestry.
10. Schedule 4 of the Bill amends section 68LA of the Family Law Act to require
Independent Children's Lawyers (ICLs) to meet with the child whose best interests
they have been appointed to represent, and to provide the child with an opportunity to
express a view, unless an exception applies. These further amendments clarify that
ICLs have discretion as to the timing, frequency and method of meeting with the
child and providing the opportunity for the child to express any views, subject to any
orders or directions of the court. This was previously only explained in the
Explanatory Memorandum. Schedule 4 of the Bill amends the Family Law Act by
repealing section 111B(1B) to realign the Family Law Act with the obligation under
Article 13 of the Hague Convention on the Civil Aspects of International Child
Abduction (the Hague Convention).
11. Schedule 5 of the Bill contains amendments which introduce a new harmful
proceedings order power into the Family Law Act. These further amendments seek to
strengthen these provisions by clarifying that the list of examples of harm in relation
to harmful proceedings orders is non-exhaustive, expressly including 'financial harm'
as an example of harm that may be experienced by a person subject to unmeritorious
or unfounded repeat family law litigation and make clear that harmful proceedings
orders are able to be made to prohibit the institution of other family law applications
and proceedings that occur within existing proceedings.
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12. Schedule 6 of the Bill repeals section 121 of the Family Law Act and introduces new
Part XIVB with the aim of clarifying the law relating to public communication of
accounts of family law proceedings where those accounts are identifiable. These
further amendments clarify that the list of examples of information that may identify
a person is non exhaustive and that it only may identify a person (not will identify a
person) and that private communications can occur to multiple family members and
friends of a party to proceedings.
13. The application provisions in Schedules 1 (parts 1 and 2), 3, 4 and 5 (part 2) are also
proposed to be amended so that the new law will apply to all proceedings that have
commenced at the time these schedules commence (with the exception of those
where a final hearing has commenced).
14. These amendments also insert a statutory review clause into the Bill so that the
substantive amendments to the Family Law Act in Schedules 1 to 7 will be reviewed
as soon as practicable after the third anniversary of the day that Schedule 1 to this
Act commences.
FINANCIAL IMPACT
15. Nil current financial impact.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Family Law Amendment Bill 2023
1. The amendments to the Bill are compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
2. The amendments to Schedule 1 of the Bill will amend the parenting orders framework
in the Family Law Act to make the following clear:
• safety from being subjected to or exposed to family violence, abuse, neglect or
other harm is a factor the court must consider when determining the best interests
of the child and what arrangements would best promote their safety
• the court is to consider the history of family violence and family violence orders
when determining the best interests of the child
• the court is to consider a child's right to enjoy their Aboriginal and Torres Strait
Islander culture by having the support, opportunity and encouragement necessary
to explore the full extent of that culture (consistent with their age, developmental
levels and views) and to develop a positive appreciation of that culture
• that parenting orders may specify alternative ways for parties to exercise
joint-decision making about major-long term issues
• the court can consider all material that was not available to it at the time of
making the final parenting orders in order to determine whether to reopen the
final parenting orders by removing the reference to 'new' material, and
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• that courts have the discretion not to provide children who are protected persons
with a copy of specific court orders if satisfied that it is not in the child's best
interests to do so.
3. The amendments to Schedule 2 of the Bill will amend the enforcement of child-related
orders provisions to:
• make it clear that the provisions in paragraph 3 of new section 70NAA relate to
the balance of probabilities standard of proof
• make clear that the object in paragraph 70NAB(a) is to support compliance with
child-related orders
• ensure that the object in paragraph 70NAB(e) appropriately reflects that the
Division covers all contraventions (not just 'serious or repeated')
• ensure that the guidance provided in new section 70NAC on circumstances in
which a person contravenes a child-related order is clearer
• state explicitly that the respondent bears the onus of proof for establishing a
reasonable excuse
• make the language in subsection 70NBB(3) clearer
• remove section 70NBE from the Bill to avoid duplication of the court's
discretionary power to award costs in family law matters, and
• amend section 70NAA to refer users of the Family Law Act to section 117.
4. The amendments to Schedule 3 of the Bill will:
• include reference to 'kinship' within the expanded definition, as referenced in
section 61F of the Family Law Act and recommended by the Committee's Report
• clarify application of the expanded definition of Aboriginal and Torres Strait
Islander concepts of family
• limit application of the expanded definition of 'relative of a person' within
proposed section 4(1AD), so it is not applied to sections 60CF, 60CH and 60CI,
and
• remove the proposed reference to 'any other ancestor' within amended section
4(1AC).
5. The amendments to Schedule 4 of the Bill will amend the provisions in relation to the
duties of Independent Children's Lawyers (ICLs) to:
• make it clear that ICLs retain appropriate discretion to determine the timing,
frequency and method of the ICL's engagement with children where the ICL is
required to meet with the child and provide the child with an opportunity to
express a view, and
• removes the requirement in the Family Law Act which provides that the Family
Law (Child Abduction Convention) Regulations 1986 must not allow an objection
by a child to return under the 1980 Hague Convention on the Civil Aspects of
International Child Abduction (the Hague Convention) to be taken into account
unless the objection imports a strength of feeling beyond the mere expression of a
preference or of ordinary wishes. The amendment will enable the Child
Abduction Regulations to be amended, realigning them with the obligation under
Article 13 of the Hague Convention.
6. The amendments to Schedule 5 of the Bill will amend the harmful proceedings orders
provisions to:
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• clarify that the list of examples of harm in relation to harmful proceedings orders
is non-exhaustive and may include other forms of harm
• expressly include 'financial harm' in the list of examples of harm, and
• make clear that harmful proceedings orders are able to be made to prohibit the
institution of other family law applications and proceedings that occur within
existing proceedings.
7. The amendments to Schedule 6 of the Bill will amend new Part XIVB offences
prohibiting public communication of details of family law proceedings to:
• clarify that the list of examples of information that may identify a person is
non-exhaustive and that it only may identify a person (not will identify a person),
and
• specify that private communication of identifiable accounts of family law
proceedings can occur to more than one family member or friend of the parties.
8. The amendments also:
• amend the application provisions of Schedules 1 (parts 1 and 2), 3 and 4 and
Schedule 5 (part 2) so the new law will apply to all proceedings that have
commenced at the time of commencement (with the exception of those where a
final hearing has commenced), and
• insert a review clause (new Schedule 10) so that the amendments in schedules 1
to 7 will be reviewed as soon as practicable after the end of 3 years after
commencement.
Human rights implications
9. The amendments engage the following rights:
• Right to life and protection from exploitation, violence and abuse: Article 24(1)
of the ICCPR International Covenant on Civil and Political Rights (ICCPR), and
Articles 3(2), 6, 19(1) and 34 of the United Nations Convention on the Rights of
the Child (CRC)
• Rights of parents and children - Best interests of the child: Article 3 of the CRC
• Rights of equality and non-discrimination: Article 26 of the ICCPR and Articles
2 and 3 of the CEDAW
• Rights of children to express views: Article 12 of the CRC
• Right to a fair and public hearing: Article 14(1) of the ICCPR
• Right to freedom of opinion and expression: Article 19 of the ICCPR
• Right to privacy and reputation: Article 17 of the ICCPR and, in relation to
children, Article 16 of the CRC, and
• Right of children to be heard: Article 12 of the CRC
Right to life and protection from exploitation, violence and abuse: Article 24 of the ICCPR
and Articles 3, 6, 19 and 34 of the CRC
10. The ICCPR provides for fundamental civil and political rights which derive from the
inherent dignity of each person, and makes special provision for children. In particular,
Article 24(1) provides for protection for all children, without discrimination, by virtue
of their status as minors.
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11. The CRC recognises that children are entitled to special care and assistance, and that
they should grow up in an atmosphere of happiness, love and understanding. In
particular:
• Article 3(2) provides that parties will take appropriate measures to ensure that
children have the protection and care necessary for their well-being.
• Article 6 provides that children have the right to live a full life and Governments
should ensure that children survive and develop healthily.
• Article 19(1) requires parties to take all appropriate legislative measures to
protect children from all forms of physical or mental violence, injury or abuse,
including negligent treatment and sexual abuse.
• Article 34 provides that parties will protect children from all forms of sexual
abuse.
Exposure to and history of family violence
12. The right to life and protection from exploitation, violence and abuse is strengthened
through an amendment to make it clear that any history of family violence and any
family violence order that applies or has applied to the child or a member of the child's
family must be considered by a court in determining what is in a child's best interests.
Rights of parents and children - Best interests of the child: Article 3 of the CRC
13. Article 3(1) of the CRC provides that in all actions concerning children, including by
courts, the best interests of the child shall be a primary consideration.
14. Article 3(2) of the CRC provides that parties will take appropriate measures to ensure
that children have the protection and care necessary for their well-being.
Copy of order to child
15. The best interests of children are promoted by the amendment that provides the court
with the discretion not to provide children who are protected persons with a copy of an
order under paragraph 68P(3)(c) (an order or injunction that is inconsistent with an
existing family violence order) if satisfied that it is not in the child's best interests to do
so. This amendment aims to protect children from exposure to details of conflict where
it would not be in their best interests to be provided with a copy of relevant orders or
injunctions, such as if they are too young or if provision of the documents would be too
distressing.
Rights of equality and non-discrimination: Article 26 of the ICCPR and Articles 2 and 3 of
the CEDAW
16. Article 26 of the ICCPR provides that all persons are equal before the law and are
entitled without any discrimination to the equal protection of the law, and that the law
shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status.
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17. The CEDAW provides for key principles of equality which cover many aspects of
women's lives, including political participation, health, education, employment,
marriage, family relations and equality before the law. In particular:
• Article 2 provides that parties agree to pursue the elimination of discrimination
against women, including by introducing new laws or policies, changing existing
discriminatory laws and providing sanctions for discrimination where
appropriate.
• Article 3 requires parties to take appropriate measures to ensure women's full
development and advancement, so that they can enjoy human rights and
fundamental freedoms on the same basis as men.
Harmful proceedings orders
18. Discrimination against women includes gender-based violence - that is, violence that is
directed against a woman because she is a woman, or that affects women
disproportionately. Although family violence is perpetrated by and against both men
and women, and the Family Law Act is accordingly neutral, the majority of those who
experience family violence are women. The amendment to clarify that the list of
examples of harm is non-exhaustive, as well as expressly including 'financial harm' in
the list, provides greater protection to victims of family violence by confirming that the
court can consider a wide range of harm that people exposed to unjustified, repeat or
unmeritorious applications and proceedings may experience. This amendment promotes
rights of equality and non-discrimination.
Right to a fair and public hearing: Article 14(1) of the ICCPR
19. Article 14(1) of the ICCPR requires all persons to be equal before the courts and
tribunals. It further provides that everyone is entitled, in the determination of 'rights
and obligations in a suit at law', to a 'fair and public hearing by a competent,
independent and impartial tribunal established by law'. The right to a fair hearing
applies in both criminal and civil proceedings, including whenever rights and
obligations are to be determined.
20. A fair hearing requires recognition of the interests of all parties. The procedures
followed in a hearing should respect the principle of 'equality of arms' which requires
that all parties to a proceeding must have a reasonable opportunity of presenting their
case under conditions that do not disadvantage them as against other parties to the
proceeding.
Application provisions
21. The amended application provisions in Schedules 1 (parts 1 and 2), 3 and 4 and
Schedule 5 (part 2) provide that in relation to proceedings instituted on or after the day
these Schedules commence and proceedings instituted before, and not finally
determined by, the day this item commences, other than proceedings where a final
hearing has commenced. In this case, the parties' right to a fair hearing is promoted as
the amendment means that parties who are preparing for final hearing are not
disadvantaged, will have greater access to procedural fairness, and will not be required
to prepare for a final hearing under new laws.
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Right to freedom of opinion and expression: Article 19 of the ICCPR
22. Article 19 of the ICCPR provides that everyone shall have the right to freedom of
expression stating 'this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing or
in print, in the form of art, or through any other media of his choice'.
23. It further notes the exercise of the right to freedom of expression 'carries with it
special duties and responsibilities. It may therefore be subject to certain restrictions,
but these shall only be such as are provided by law and are necessary for respect of
the rights or reputations of others, [or] for the protection of national security or of
public order, or of public health or morals'.
Communications of Details of Family Law Proceedings
24. The amendment clarifying that a party to proceeding may communicate privately with
one or more family member or friend does not change the scope of the Part as it
merely seeks to clarify that the terms 'family' and 'friend' are not intended to be read
in the singular. This amendment is expected to remove ambiguity for non-legally
trained persons. This may bolster the right to freedom of opinion and expression
through an increased understanding of the scope of permitted private communications.
Right to privacy and reputation: Article 17 of the ICCPR and, in relation to children, Article
16 of the CRC
25. Article 17(1) of the ICCPR states that 'No one shall be subjected to arbitrary or
unlawful interference with his privacy, family, home or correspondence, nor to
unlawful attacks on his honour and reputation'. Under Article 17, an interference
with an individual's privacy must have a lawful basis and must not be arbitrary.
The right to protection against arbitrary and unlawful interference protects personal
information.
26. Article 16 of the CRC states that 'No child shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, home or correspondence, nor to unlawful
attacks on his or her honour and reputation. The child has the right to the protection of
the law against such interference or attacks'.
Right to enjoy and benefit from culture: Article 27 of the ICCPR and Article 30 of the CRC
27. Article 27 of the ICCPR protects the rights of individuals belonging to ethnic,
religious and linguistic minorities within a country to enjoy their own culture, practise
their own religion and use their own language. These rights are particular to members
of such minorities, who also enjoy the other rights guaranteed in the human rights
treaties.
28. Article 30 of the CRC states that children of indigenous origin should not be denied
the right, in community with other members of his or her group, to enjoy his or her
own culture, to profess and practise his or her own religion, or to use his or her own
language.
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Right to enjoy Aboriginal and Torres Strait Islander culture
29. This amendment promotes Aboriginal and Torres Strait Islander children's right to
enjoy their culture by adding an additional requirement for the court to consider when
determining what is in an Aboriginal or Torres Strait Islander child's best interests.
Specifically, the court is required to consider whether a child will have the support,
opportunity and encouragement necessary to explore the full extent of that culture
(consistent with the child's age, developmental level and views) and to develop a
positive appreciation of that culture.
Right of children to be heard - Article 12 of the CRC
30. Article 12 of the CRC provides that children who are capable of forming their own
views have the right to express those views freely in all matters affecting them, the
views being given due weight in accordance with the age and maturity of the child.
31. Article 12(2) further provides that children shall be provided the opportunity to be
heard in any judicial and administrative proceedings affecting them, either directly,
or through a representative or an appropriate body.
Independent Children's Lawyers - requirement to meet with the child
32. The Bill strengthens the right of the child to be heard in family law proceedings by
including a requirement that an ICL must meet with the child whose best interests
they have been appointed to represent, and provide the child with an opportunity to
express a view, unless there are exceptional circumstances. The amendment seeks to
clarify that ICLs retain appropriate discretion to determine the timing, frequency and
method of the ICL's engagement with children. This is consistent with existing
practice and the intention of the Bill.
33. The ICL is still required to meet with the child, and seek their views, on at least one
occasion unless an exception applies, and therefore this amendment continues to
support a child's rights to express a view and to be heard in family law proceedings.
The intention of the amendment is to provide clarity in the legislation and reduce
caseload management impacts where parties may otherwise bring applications to
require an ICL to discharge their duties at a specific time or in a specific way. The
court retains the power to make any orders as necessary under existing subsection
68L(2) and orders under new subsection 68LA(5D).
Removal of higher threshold for child's objections in Hague Convention matters
34. The amendment will remove the requirement in the Family Law Act which provides
that the Family Law (Child Abduction Convention) Regulations 1986 (the Child
Abduction Regulations) must not allow an objection by a child to return under the 1980
Hague Convention on the Civil Aspects of International Child Abduction (the Hague
Convention) to import a strength of feeling beyond the mere expression of a preference
or of ordinary wishes in Hague Convention matters. The amendment will enable the
Child Abduction Regulations to be amended, realigning them with the obligation under
Article 13 of the Hague Convention. Article 13 allows judicial authorities to refuse to
order the return if it finds that the child objects to being returned and has attained an
age and degree of maturity at which it is appropriate to take account of its views.
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NOTES ON AMENDMENTS
Clause 2
Amendment 1: Clause 2, page 3 (at the end of the table) (Section 2 - Commencement)
This amendment adds a new commencement table item to indicate the commencement of
new Schedule 10 (see Amendment 48). Schedule 10 will commence the day after this Act
receives the Royal Assent.
Schedule 1
Amendment 2: Schedule 1, item 6, page 5 (line 12) (Section 60CC - How a court
determines what is in a child's best interests)
This amendment inserts the words 'being subjected to, or exposed to' in the first factor that a
court must consider when determining what is in the child's best interests (paragraph
60CC(2)(a)). This change clarifies that the court must consider what arrangements would
promote the safety (including safety from being subjected to, or exposed to' family violence,
abuse, neglect or other harm) of the child and each person who has care of the child (whether
or not a person has parental responsibility for the child). This amendment makes it clear that
this provision is to capture the meaning given to 'exposed to' family violence given by
subsection 4AB(3) which makes it clear that for the purposes of the Family Law Act, a child
is exposed to family violence if the child sees or hears family violence or otherwise
experiences the effects of family violence.
Amendment 3: Schedule 1, item 6, page 5 (after line 27) (Section 60CC - How a court
determines what is in a child's best interests)
This amendment addresses recommendation 1 (part 1) of the Committee's Report.
The new subsection 60CC(2A) makes it clear that in applying the consideration set out in
paragraph 60CC(2)(a), the court must include consideration of the history of family violence,
abuse and neglect involving the child or a person who was caring for the child (whether or
not the person had parental responsibility for the child); and any family violence order that
applies or has applied to the child or a member of the child's family. The objective of
including specific references to those factors is to make the relevance of past family violence,
abuse and neglect in determining future parenting arrangements clear to all users of the
Family Law Act, and provide an additional safeguard to ensure these matters are considered
by the court.
Amendment 4: Schedule 1, item 6, page 5 (line 32) to page 6 (line 2) (Section 60CC -
How a court determines what is in a child's best interests)
This amendment implements recommendation 1 (part 2) of the Committee's Report.
This amendment to subsection 60CC(3) incorporates the language and concepts from
previous subsection 60CC(6) of the Family Law Act, to better recognise and protect the right
of Aboriginal and Torres Strait Islander children to enjoy their culture.
New subsection 60CC(3) sets out additional matters that must be considered when
determining what is in the best interests of an Aboriginal or Torres Strait Islander child.
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These matters must be considered in addition to the general considerations contained in
subsection 60CC(2).
The amendment to paragraph 60CC(3)(a) provides that, in determining what is in the best
interests of an Aboriginal or Torres Strait Islander child, the court must consider the child's
right to enjoy the child's Aboriginal or Torres Strait Islander culture, by having the support,
opportunity and encouragement necessary to connect with, and maintain their connection
with, members of their family and with their community, culture, country and language; and
to explore the full extent of that culture, consistent with the child's age and developmental
level and the child's views; and to develop a positive appreciation of that culture.
Amendment 5: Schedule 1, page 6 (after line 20) (Section 68P - Obligations of court
making an order or granting an injunction under this Act that is inconsistent with an
existing family violence order)
This amendment inserts new subsection 3A into section 68P to provide the court with the
discretion not to comply with the requirement in paragraph 3(c) to provide a copy of an order
or injunction (which is inconsistent with an existing family violence order) to the person
protected by the family violence order if the protected person is a child and the court is
satisfied that it is in the child's best interests not to receive a copy of the order or injunction.
This change expands the discretion of the court in subsection 68P(2A) which does not require
the court to explain (or arrange for someone else to explain) the order or injunction if the
court is satisfied that it is not in the child's best interests to receive an explanation. Both these
provisions are aimed at protecting children from exposure to details of conflict where it
would not be in their best interests to be provided with a copy of relevant orders or
injunctions or an explanation of these. For instance, it is not appropriate for young children
covered by the order or injunction, such as infants and toddlers, to be provided with a court
order or injunction and for older children it may not be in their best interest, and may be
distressing, to be exposed to parental controversy in this way in some cases.
Amendment 6: Schedule 1, item 12, page 6 (lines 24 to 27) (Application provision -
Application of Part 1 of Schedule 1)
This amendment changes the application provisions so that the amendments to the Family
Law Act made by this Part apply in relation to proceedings instituted on or after the day this
item commences and proceedings instituted before, and not finally determined by, the day
this item commences, other than proceedings where a final hearing has commenced.
This amendment has been made to avoid confusion as to what is required in any particular
case depending on the date of filing, and a significant number of cases being determined on
the replaced law whilst new cases are being heard under different principles.
Amendment 7: Schedule 1, item 16, page 7 (line 28) (Section 61DAA - Effect of
parenting order that provides for joint decision-making about major long-term issues)
Section 61DAA specifies that if a parenting order provides for joint decision-making about
major long-term issues, it requires each of the persons to consult each other in relation to
such a decision and to make a genuine effort to come to a joint decision.
This amendment makes it clear that this requirement is subject to the extent the order
otherwise specifies. For example, an order may otherwise provide that joint decision-making
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may be achieved by one parent providing options to the other parent and the other parent
making a final decision based on those options.
Amendment 8: Schedule 1, item 25, page 9 (lines 18 to 20) (Application provision -
Application of Part 2 of Schedule 1)
This amendment changes the application provisions so that the amendments to the Family
Law Act made by this Part apply in relation to proceedings instituted on or after the day this
item commences and proceedings instituted before, and not finally determined by, the day
this item commences, other than proceedings where a final hearing has commenced.
This amendment does not apply to section 61CA as that provision operates in the absence of
court orders.
This amendment has been made to avoid confusion as to what is required in any particular
case depending on the date of filing, and a significant number of cases being determined on
the replaced law whilst new cases are being heard under different principles.
Amendment 9: Schedule 1, item 26, page 10 (line 22) (Section 65DAAA -
Reconsideration of final parenting orders)
This amendment omits the word 'new' from subparagraph 65DAAA(2)(b). This is to ensure
that it is clear that the court may have regard to material that was not available to the court at
the time of proceedings that it considers relevant, when reconsidering a final parenting order,
and not only material that came into existence after the proceedings.
Schedule 2
Amendment 10: Schedule 2, item 21, page 15 (lines 23 and 24) (Section 70NAA -
Simplified outline)
This amendment removes the words '(or must in certain circumstances with respect to costs
orders)' from section 70NAA. This change reflects the removal of section 70NBE (Costs
orders) from the Bill (see Amendment 23). This amendment makes it clear that the Division
sets out orders that a court may make if an issue arises in the proceedings about whether the
respondent has contravened a child-related order.
Amendment 11: Schedule 2, item 21, page 16 (line 8) (Section 70NAA - Simplified
outline)
This amendment makes a minor grammatical change to paragraph 70NAA(c), line 8,
replacing the semi-colon after the word 'program' with a full-stop. This amendment reflects
the removal of paragraph 70NAA(d) (see Amendment 12) which arises as a result of the
removal of section 70NBE (Amendment 23).
Amendment 12: Schedule 2, item 21, page 16 (line 9) (Section 70NAA - Simplified
outline)
This amendment removes paragraph (d) ('a costs order') from line 9 of the simplified outline.
This change reflects the removal of section 70NBE from the Bill by removing 'costs orders'
from the list of orders that the court can make at any stage during the proceedings (without
having to make a finding about the contravention). It is noted that the court is still able to
make a costs order in these circumstances in a contravention proceeding, however the
13
Division no longer sets out the cost order contravention provision due to duplication of the
courts powers in section 117 of the Family Law Act. The note to 70NAA (Amendment 16)
signposts that the courts can award costs against a party under section 117 if satisfied there
are circumstances that justify it doing so.
Amendment 13: Schedule 2, item 21, page 16 (line 10) (Section 70NAA - Simplified
outline)
This amendment inserts the words 'on the balance of probabilities' after the words 'the court
finds' in line 10 of the simplified outline. This change is intended to make clear the
distinction between when the criminal standard of proof ('beyond reasonable doubt',
referenced at line 20) will be applied, and the standard of proof to be applied in determining
all other matters in proceedings under this Division (outlined in section 70NAE). This is to
differentiate from the more severe penalties available to the court if the court is satisfied
beyond reasonable doubt that a contravention has occurred without a reasonable excuse,
which are set out in paragraph 4 of the outline.
Amendment 14: Schedule 2, item 21, page 16 (line 16) (Section 70NAA - Simplified
outline)
This amendment makes a minor grammatical change to paragraph 70NAA(b) at line 16,
replacing the semi-colon after the word 'bond' with a full-stop. This amendment is due to the
removal of paragraph 70NAA(c) (see Amendment 15) as a result of the removal of section
70NBE (Amendment 23).
Amendment 15: Schedule 2, item 21, page 16 (lines 17-19) (Section 70NAA - Simplified
outline)
This amendment removes paragraph 70NAA(c) from lines 17-19 of the simplified outline.
This change reflects the removal of section 70NBE from the Bill by removing the reference
to 'an order requiring the respondent to compensate another person for certain costs incurred
as a result of the contravention' from the list of orders that the court may make if the court
finds that the respondent contravened the child-related order without having a reasonable
excuse.
Amendment 16: Schedule 2, item 21, page 16 (after line 29) (Section 70NAA - Simplified
outline)
This amendment adds the following Note at the end of section 70NAA:
Note: A court may also award costs against a party under section 117 if satisfied there are
circumstances that justify it doing so.
This amendment is intended to make clear to users of the legislation that one of the orders
available to courts in contravention matters is a costs order under section 117. This is
especially important due to the removal of section 70NBE (Amendment 23).
Amendment 17: Schedule 2, item 21, page 16 (lines 33 to 34) (Section 70NAB - Objects)
This amendment replaces the words 'supporting parties to child-related orders to comply with
those orders; and' in paragraph 70NAB(a) with the words 'supporting compliance with child-
related orders; and'. This change is intended to make the language in the provision clearer.
14
Amendment 18: Schedule 2, item 21, page 17 (lines 9 to 11) (Section 70NAB - Objects)
This amendment removes the words 'providing for the imposition of appropriate sanctions on
a person who seriously or repeatedly contravenes child-related orders without having a
reasonable excuse' and replaces them with the words 'providing for sanctions for a person
who contravenes a child related order without reasonable excuse'.
This change ensures that paragraph 70NAB(e) reflects the removal of the distinction between
'more serious' contraventions and 'less serious' contraventions in the redrafted Division 13A,
and that sanctions are able to be applied to all contraventions of parenting orders, not just
those that are serious or repeated.
Amendment 19: Schedule 2, item 21, pages 17 to 18 (table) (Section 70NAC - Meaning
of contravene a child-related order)
This amendment makes several clarifying changes to the table in section 70NAC. The table
sets out example circumstances in which a person contravenes a child-related order, either
direct contravention by a person bound by the order (70NAC(1)(a)), or contravention by a
person not bound by the order but who hinders or prevents compliance with the order
(70NAC(1)(b)).
The amendment corrects grammatical errors in lines 1-3 of the second column. It also amends
the language in the third column, to make clear the example situations in which a person may
be considered to have contravened a child-related order.
Amendment 20: Schedule 2, item 21, page 19 (after line 14) (Section 70NADA - Burden
of proof in relation to reasonable excuse)
This amendment inserts a new section that states:
'A person who claims to have a reasonable excuse for contravening a child related order has
the legal burden of proving the excuse'.
This amendment is intended to make clear that a person who claims to have a reasonable
excuse for contravening a child-related order has the legal burden of proving the excuse. It is
intended to clarify that, consistent with existing paragraphs 70NDA(c) and 70NEA(1)(c), the
onus of proof is on the person who claims to have the reasonable excuse. The standard is on
the balance of probabilities (noting that the standard of proof is contained in subsection
70NAE) to satisfy the court that they had a 'reasonable excuse' for a contravention.
Amendment 21: Schedule 2, item 21, page 19 (lines 27 and 28) (Section 70NBA - Court
may make orders in proceedings relating to contravention of child-related orders)
This amendment omits the words '(or must in certain circumstances)' from subsection
70NBA(1), to reflect the removal of section 70NBE from the Bill (Amendment 23).
Amendment 22: Schedule 2, item 21, page 21 (line 7) (Section 70NBB - Make-up time
parenting orders)
This amendment replaces the words 'did not spend' in subsection 70NBB(3) with the word
'missed'. The amendment is intended to make the language in the provision clearer.
15
Amendment 23: Schedule 2, item 21, page 22 (line 21) to page 23 (line 25) (Section
70NBE - Costs orders)
This amendment removes section 70NBE (Costs orders) from the Bill.
This amendment implements recommendation 3 of the Committee's Report, which stated:
The committee recommends that the Australian government removes proposed section
70NBE from the Bill to avoid duplication of the court's discretionary power to award costs in
family law matters.
Section 117 of the Family Law Act already provides the court with a discretionary power to
award costs in circumstances that justify the making of a costs order. This amendment is
intended to avoid duplication of these powers.
Removing the costs provisions from Division 13A is also intended to support the overarching
intention of the redraft of Part VII, Division 13A of the Family Law Act, and of the Bill more
generally, to streamline key sections of the Family Law Act to make them simpler for users
of the legislation to understand and apply. It is not intended that costs orders no longer be
made by the court in contravention proceedings. The note to subsection 70NAA (Amendment
16) highlights that a court may award costs against a party under section 117 if satisfied there
are circumstances that justify it doing so.
Amendment 24: Schedule 2, item 21, page 24 (lines 14 to 16) (Section 70NBF - Orders
where contravention established without reasonable excuse)
This amendment removes Note 1 from the end of section 70NBF, to reflect the removal of
section 70NBE from the Bill (Amendment 23).
Amendment 25: Schedule 2, item 21, page 24 (line 17) (Section 70NBF - Orders where
contravention established without reasonable excuse)
This amendment omits the words 'Note 2' from line 17 of section 70NBF and substitutes
'Note'. The amendment reflects the removal of Note 1 (see Amendment 24).
Amendment 26: Schedule 2, item 28, page 34 (line 4) (Section 117 - Costs)
This amendment removes the proposed reference to section 70NBE from section 117(1) of
the Family Law Act, to reflect the removal of section 70NBE from the Bill.
Amendment 27: Schedule 2, item 30, page 34 (line 8) (Section 123 - Rules of Court)
This amendment omits the proposed reference to section 70NBE in subparagraph
123(1)(j)(iii)) of the Family Law Act, due to the removal of section 70NBE from the Bill
(Amendment 23).
Amendment 28: Schedule 2, item 32, page 34 (line 15) (Section 224 - General - Federal
Circuit and Family Court of Australia Act 2021)
This amendment omits the proposed reference to section 70NBE in subparagraph
224(1)(i)(iii) of the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act).
This change is due to the removal of section 70NBE from the Bill (Amendment 23).
16
Schedule 3
Amendment 29: Schedule 3, item 2, page 37 (line 13) (Section 4 - Interpretation)
This amendment amends the expanded concept of the definition of 'relative of a child' in
subparagraph 4(1)(a)(vii) that includes Aboriginal or Torres Strait Islander concepts of family
to include a specific reference to kinship systems. Under the amended definition, a person is a
relative of an Aboriginal or Torres Strait Islander child if, in accordance with the child's
Aboriginal or Torres Strait Islander culture, including but not limited to any kinship system,
they are related to the child. This amendment is intended to make clear that a child's
Aboriginal or Torres Strait Islander concept of family includes family under a kinship system.
This amendment is not intended to limit the application of the definition which determines an
Aboriginal or Torres Strait Islander child's family with reference to that child's Aboriginal or
Torres Strait Islander culture.
Amendment 30: Schedule 3, items 3 and 4, page 37 (lines 15 to 22) (Section 4 -
Interpretation)
3 Subsection 4(1) (paragraph (b) of the definition of relative)
This amendment replaces paragraph 4(1)(b) of the definition of 'relative of a child' in
subsection 4(1) as a consequence to the amendments to the Bill to the definition of 'relative
of a person' in items 4 to 6 (below). This amendment makes clear in the definition of 'relative
of a child' that for the purpose of the definition as it applies to the definition of 'member of
the family' in subsection 4(1AB):
• The definition of 'relative of a person' excluding the expanded Aboriginal or Torres
Strait Islander concept of family is contained in subsection 4(1AC), and
• The expanded component of the definition of 'relative of a person' that includes
Aboriginal or Torres Strait Islander concepts of family is contained in subsection
4(1AD).
4 Paragraph 4(1AB)(e)
This amendment also amends the definition of 'member of the family' with the effect that the
expanded component of the definition of 'relative of a person' that includes Aboriginal or
Torres Strait Islander concepts of family does not apply to sections 60CF, 60CH or 60CI.
This amendment does this by firstly repealing paragraph 4(1AB)(e) and replacing it with a
new paragraph 4(1AB)(e) which specifies that if a person is a relative of another person
within the meaning of subsection 4(1AC) that person is a member of the family of the second
person. New paragraph 4(1AB)(ea) then specifies that if a person is a relative of another
person within the meaning of subsection 4(1AD), that person is a member of the family of the
second person. Paragraph 4(1AB)(ea) also specifies that if a person is a member of the family
of another person due to the application of subsection 4(1AD) that person is not a member of
the family for the purposes of sections 60CF, 60CH and 60CI. A person who is a member of
the family of a second person because they are a relative under subsection 4(1AC) remain a
member of the persons family for the purposes of sections 60CF, 60CH and 60CI, even if
they are also a relative of the second person under subsection 4(1AD).
5 Subsection 4(1AC)
17
This amendment also amends subsection 4(1AC) to specify that it applies for the purposes of
paragraph 4(1AB)(e). This amendment is required because the expanded component of the
definition of 'relative of a person' that includes Aboriginal or Torres Strait Islander concepts
of family is contained in subsection 4(1AD).
6 After subsection 4(1AC)
This amendment also includes new subsection 4(1AD) which includes the expanded
component of the definition of 'relative of a person' which includes the Aboriginal or Torres
Strait Islander concepts of family. This amends the Bill because the Aboriginal or Torres
Strait Islander concept of family is contained in a separate subsection and is not included in
subsection 4(1AC). This amendment has been made because the expanded part of the
definition of relative, when applied to the definition of member of the family in subsection
4(1AB), is not to apply to sections 60CF, 60CH and 60CI.
This amendment also amends the expanded concept of the definition of 'relative of a person'
in subsection 4(1AD) that includes Aboriginal or Torres Strait Islander concepts of family to
include a specific reference to kinship systems. Under the amended definition, a person is a
relative of an Aboriginal or Torres Strait Islander child if, in accordance with the child's
Aboriginal or Torres Strait Islander culture, including but not limited to any kinship system,
the person is related to the child. This amendment is intended to make clear that a child's
Aboriginal or Torres Strait Islander concept of family can include family under a kinship
system. The amendment is not intended to limit the application of the definition which
determines an Aboriginal or Torres Strait Islander child's family with reference to that child's
Aboriginal or Torres Strait Islander culture.
This amendment also includes a legislative note which specifies that this subsection adds to
the persons who are relatives of a person within the meaning of subsection 4(1AC) with the
difference being 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.
Amendment 31: Schedule 3, item 5, page 37 (lines 23 to 29) (Application provision -
Application of Schedule 3)
This amendment changes the application provisions so that the amendments to the Family
Law Act made by this Schedule apply in relation to proceedings instituted on or after the day
this item commences and proceedings instituted before, and not finally determined by, the
day this item commences, other than proceedings where a final hearing has commenced.
This amendment has been made to avoid confusion as to what is required in any particular
case depending on the date of filing, and a significant number of cases being determined on
the replaced law whilst new cases are being heard under different principles.
Schedule 4
Amendment 32: Schedule 4, heading, page 38 (line 1) (Schedule 4 - Heading)
This amendment changes the heading of the Schedule to reflect that it includes changes to
ICL provisions and amendments relating to Hague Convention matters.
Amendment 33: Schedule 4, item 2, page 38 (after line 16) (Section 68LA - Role of
independent children's lawyer)
18
The amendment inserts a new subsection 68LA(5AA) that provides that the Independent
Children's Lawyer (ICL) has discretion in relation to certain matters, subject to any order or
direction of the court with respect to the matter, for example orders under paragraph
68L(2)(b) or paragraph 68LA(5D)(b). New paragraph 68LA(5AA)(a) provides that the ICL
has discretion in relation to when, how often and how meetings with the child take place.
New paragraph 68LA(5AA)(b) provides that the ICL has discretion in relation to when, how
often and how the child is provided with an opportunity to express views. The requirement
for ICLs to meet with a child and to provide the child with an opportunity to express a view is
not specified to occur at a specific point in proceedings, but must occur prior to final orders
being made.
This change makes it clear that ICLs retain the discretion to determine the timing, frequency
and method of engagement with the child based on professional judgement, subject to any
directions or orders of the court. Court orders include those made under subsection 68L(2)
where, if it appears to the court that the child's interests in the proceedings ought to be
independently represented by a lawyer, the court may order that the child's interests be
independently represented by a lawyer and may make such other orders as it considers
necessary to secure that independent representation of the child's interests. It also includes
orders made under subsection 68LA(5D) where the court must make an order requiring the
ICL to meet with the child or provide the child with an opportunity to express their views if
the court determines that there are no exceptional circumstances which justify not performing
that duty. The ICL's discretion is not intended to fetter the court's power to make orders.
Consistent with guidance provided to ICLs and endorsed by the legal aid commissions and
family law courts, the ICL will use their professional judgement in deciding when and how to
meet with the child, based on the information and evidence available to them, and may
consult with a family consultant or other expert to guide this decision. The ICL must meet
with a child at least once, and can meet with a child on more than one occasion. The ICL may
wish to consider whether it is appropriate to engage with the child at significant stages of
proceedings, for example after appointment, before dispute resolution events, after the release
of an expert report, before a final hearing, and when a matter concludes. The ICL would be
expected to consider the child's preferences, capacity, safety and wellbeing, when making
decisions about the location and method of engagement with the child.
Amendment 34: Schedule 4, item 2, page 39 (line 12) (Section 68L - Court order for
independent representation of child's interests)
The amendment corrects a referencing error by replacing the reference to existing paragraph
68L(2)(a) in the Note in new subsection 68LA(5D), with a reference to the correct paragraph
68L(2)(b).
Amendment 35: Schedule 4, item 3, page 39 (lines 13 to 16) (Application provision -
Application of Part 1 of Schedule 4)
The amendment to this Application provision makes it clear that the amendments of the
Family Law Act 1975 made by this Part apply in relation to proceedings instituted on or after
the day this item commences and proceedings instituted before, and not finally determined
by, the day this item commences, other than proceedings where a final hearing has
commenced.
19
Amendment 36: Schedule 4, item 6, page 40 (lines 14 to 17) (Application provision -
Application of items 4 and 5 of Schedule 4)
The amendment to this Application provision makes it clear that the amendments of the
Family Law Act made by these items apply in relation to proceedings instituted on or after
the day this item commences and proceedings instituted before, and not finally determined
by, the day this item commences, other than proceedings where a final hearing has
commenced.
This amendment has been made to avoid confusion as to what is required in any
particular case depending on the date of filing, and a significant number of cases being
determined on the replaced law whilst new cases are being heard under different
principles. These amendments provide that the commencement date applies to all
existing cases, excluding those where the final hearing has commenced.
Amendment 37: Schedule 4, Part 2, page 40 (after line 17) (Section 111B - Convention
on the Civil Aspects of International Child Abduction)
This amendment repeals section 111B(1B) of the Family Law Act. This amendment removes
the requirement in the Family Law Act which provides that the Family Law (Child Abduction
Convention) Regulations 1986 (the Child Abduction Regulations) must not allow an
objection by a child to return under the 1980 Hague Convention on the Civil Aspects of
International Child Abduction (the Hague Convention) to import a strength of feeling beyond
the mere expression of a preference or of ordinary wishes.
The amendment will enable the Child Abduction Regulations to be amended, realigning them
with the obligation under Article 13 of the Hague Convention. Article 13 allows judicial
authorities to refuse to order the return if it finds that the child objects to being returned and
has attained an age and degree of maturity at which it is appropriate to take account of its
views.
Schedule 5
Amendment 38: Schedule 5, item 5, page 42 (before line 10) (Section 102QA -
Interactions between provisions and with other powers of court)
This amendment inserts a section heading to make clear that substituted section 102QA is in
relation to the interactions between provisions of Part XIB and with other powers of court.
Amendment 39: Schedule 5, item 6, page 44 (line 5) (Section 102QAC - Making harmful
proceedings orders)
This amendment inserts 'under this Act' after the words 'instituting proceedings' at new
subsection 102QAC(1) to make clear that the proceedings that a court is able to make a
harmful proceedings order to prohibit are family law proceedings instituted under the Family
Law Act.
Amendment 40: Schedule 5, item 6, page 44 (after line 14) (At the end of subsection
102QAC(1) - Making harmful proceedings orders)
20
This amendment inserts a note at the end of subsection 102QAC(1) which provides that
'proceedings' include cross-proceedings and incidental proceedings, and directs the user to
subsection 4(1) of the Family Law Act. This is to ensure that it is clear that the court can
make harmful proceedings orders in relation to cross-proceedings and incidental proceedings
which occur within existing family law proceedings.
Amendment 41: Schedule 5, item 6, page 44 (line 15) (Subsection 102QAC(2) - Making
harmful proceedings orders)
This amendment inserts ', but is not limited to,' after the word 'include' at new subsection
102QAC(2) to make clear that the list of examples of harm is non-exhaustive and that a court
may consider other forms of harm when making a harmful proceedings order. This
amendment is expected to assist non-legally trained persons to better understand this
provision.
Amendment 42: Schedule 5, item 6, page 44 (line 20) (Subsection 102QAC(2) - Making
harmful proceedings orders)
This amendment inserts 'financial harm' as an example of harm under new subsection
102QAC(2) to account for the financial harm that a respondent experiences, or may
experience, as a result of unmeritorious, unjustified and repetitive filings.
Amendment 43: Schedule 5, item 14, page 48 (lines 10 to 15) (Application provision -
Application of Part 1 of Schedule 5)
The amendment to this Application provision does not alter the legal effect of existing
item 14, but has been amended to align the drafting with changes to other application items
across the Bill.
Amendment 44: Schedule 5, item 18, page 51 (lines 23 to 28) (Application provision -
Application of Part 2 of Schedule 5)
The amendment to this Application provision makes it clear that the amendments of the
Family Law Act made by this Part apply in relation to proceedings instituted on or after the
day this item commences and proceedings instituted before, and not finally determined by,
the day this item commences, other than proceedings where a final hearing has commenced.
The Application provision for Part 2 of Schedule 5 has been amended so that matters which
are going through a final hearing at the date of commencement are exempt. This ensures that
parties and their legal representatives who are preparing for final hearing are not
disadvantaged and will have greater access to procedural fairness by not having the duty and
obligations associated with the overarching purpose provision apply to them, particularly in
circumstances where the matter is anticipated to reach finality soon.
Schedule 6
Amendment 45: Schedule 6, item 6, page 57 (line 23) (Section 114Q - Indictable
offence--communication to the public of account of proceedings that identifies parties
or others involved in proceedings)
This amendment clarifies new section 114Q(3) by replacing the wording 'Examples of such
material include the following:' to 'Examples of such material might include the following:'
to make clear that the list of examples of the types of information that may identify a person
21
is non-exhaustive and may be capable of identifying a person but will not in every
circumstance always be capable of identifying a person.
Amendment 46: Schedule 6, item 6, page 57 (after line 31) (Section 114Q - Indictable
offence--communication to the public of account of proceedings that identifies parties
or others involved in proceedings)
This amendment inserts a note to make clear that examples of material that might be
sufficient to identify a person to the public contained in new section 114Q(3)(a) to (g) are not
exhaustive and may not be sufficient to identify a person in every circumstance.
Amendment 47: Schedule 6, item 6, page 59 (line 4) (Section 114S - When a
communication is not a communication to the public)
This amendment makes clear that a private communication of identifiable accounts of family
law proceedings can occur between more than one family member and more than one friend
of parties to proceedings. While section 23 of the Acts Interpretation Act 1901 (Cth) would
read the drafting in the Bill as introduced, which states that 'a private communication
between a party to proceedings and a person who is a member of the party's family or a
friend of the party' is not a communication to the public as applying in the singular and
plural, this amendment will assist non-legally trained persons to understand the scope of this
subsection. This amendment is not intended to broaden permitted communications beyond
private communications.
Schedule 10
Amendment 48: Page 68 (after line 22) (Schedule 10 - Review of amendments)
This amendment implements recommendation 9 of the Committee's Report, which stated that
the Committee recommends that the Bill is amended to provide for a review of the operation
of this Act, in conjunction with a review of the operation of the Family Law Amendment
(Information Sharing) Bill 2023.
This amendment adds a new schedule that provides for a statutory review of Schedules 1 to 7
of the Bill, which must be arranged by the Minister as soon as practicable after the third
anniversary of the day that Schedule 1 to this Act commences and completed within 12
months.
The provision stipulates that the Minister must arrange for a report of the review to be
prepared and must table copies of the report in each House of the Parliament within 15 sitting
days of that House after completion of the report.
The Review is to ensure the new provisions are operating as intended.
The Review does not relate to Schedules 8 and 9 as those amendments relate to, or fall
within, the review of the FCFCOA Act, thus removing the potential for duplicative processes.
22
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