This appendix contains summaries of the committee’s visits to the:
Specialist Domestic and Family Violence Court, Southport Magistrates Court, Queensland, on 10 February 2021; and
Family Court of Australia and Federal Circuit Court of Australia (Brisbane Registry), Queensland, on 11 February 2021.
Site visit to the Specialist Domestic and Family Violence Court, Southport Queensland
Introduction
On 10 February 2021, Senator Hanson, Mr Perrett and Senator Waters travelled to Southport Queenland and participated in a site visit to the Specialist Domestic and Family Violence Court (Specialist DFV Court) in the Southport Magistrates Court.
The Specialist DFV Court at Southport became Queensland’s first permanent specialist DFV court after a trial period of almost two years, commencing 1 September 2015. It was ‘implemented in response to the recommendations in the February 2015 report of the Queensland Special Taskforce on Domestic and Family Violence. The specialist court handles both civil applications for protection orders, as well as criminal matters related to domestic and family violence within the Magistrates Court jurisdiction.’
The committee members were accompanied by the Court Coordinator of the Specialist DFV Court who provided a presentation on the Specialist DFV Court. During the site visit, the committee members also had the opportunity to:
meet with a number of the supporting agencies, including Centacare, Legal Aid Queensland, the Aboriginal and Torres Strait Islander Legal Service, Women’s Legal Service, Domestic Violence Prevention Centre, Community Corrections and representatives from the Queensland Police Service;
observe a Specialist DFV Court proceeding and meet with two of the Magistrates and Court Program Staff; and
tour the support room and other facilities within the Court.
The committee members heard about the significant caseload dealt with in the Specialist DFV Court, the safety and support procedures utilised by the Court and the importance of coordinated wrap around services for both the aggrieved and the perpetrator. The committee members were provided with a practical understanding of how Domestic Violence Orders are made, including the evidential standards which are applied, as well as information on the various support services available for both parties, including voluntary and mandatory men’s behavioural change programs, programs for female perpetrators and support for male and female aggrieved.
The committee members were advised of the strong partnership between the Court and all service providers and the regular meetings in which they seek to identify what is working well and any gaps that may exist in the provision of services and work collaboratively to address these gaps so as to ensure the victims and any relevant children’s safety and promote perpetrator accountability.
More broadly the committee members heard of the work of the police, corrective services and domestic violence services to put in place proactive strategies and an integrated response for high risk families in the Gold Coast to enhance the safety of vulnerable people.
Acknowledgements
The committee members found the site visit to the Specialist DFV Court extremely informative and highly useful and would like to thank the Court Coordinator for putting together such a comprehensive program. The committee also expresses its gratitude to the Magistrates, Court staff and various representatives of the organisations who took time out from their very busy workloads to speak to the committee members to provide insight into their services and answer the members’ questions.
Site visit to the Family Court of Australia and Federal Circuit Court of Australia, Brisbane Queensland
Introduction
On 11 February 2021, Mr Kevin Andrews (by videoconference), Senator Hanson, Mr Perrett, Mr Young and Senator Waters travelled to Brisbane Queensland and participated in a site visit to the Family Court of Australia and the Federal Circuit Court of Australia (Brisbane Registry).
The Family Court of Australia is a superior court of record established by Parliament in 1975 under Chapter 3 of the Constitution and, through its specialist judges and staff, assists Australians to resolve their most complex legal family disputes. It commenced operation on 5 January 1976 and hears complex parenting and financial cases. The Court’s goal is to deliver excellence in service for children, families and parties through effective judicial and non-judicial processes, and high-quality and timely judgments while respecting the needs of separating families.
The Federal Circuit Court of Australia was established by the Federal Circuit Court of Australia Act 1999 as an independent federal court under Chapter 3 of the Constitution. The Court is a federal court of record and a court of law and equity. The jurisdiction of the Federal Circuit Court includes family law and child support and areas of general federal law. The provisions of the Federal Circuit Court of Australia Act 1999 enable the Court to operate as informally as possible in the exercise of judicial power, use streamlined procedures and make use of a range of dispute resolution processes to resolve matters without judicial decisions.
The committee members were accompanied by Chief Justice/ Chief Judge Alstergren, Deputy Chief Justice McClelland as well as the CEO and Principal Registrar, and the Deputy Principal Registrar and National Family Law Registrar.
The Courts premised the site visit on the basis that they would not be commenting on Government policy. The committee members were provided with detailed information about the current processes and operations of the Family Court of Australia and the Federal Circuit Court of Australia. This covered a wide variety of topics including judicial specialisation, caseloads, roles of registrars, rates of appeal, fees and costs of court services, waiting times and the digital transformation of the Courts. The committee members were also briefed on a number of the initiatives these Courts are currently undertaking to improve the safety and experience of parties who appear before these Courts and to reduce the costs and delays involved in hearings. These initiatives involve projects such as:
the Lighthouse project, which risk screens and triages matters involving family violence;
call overs for old cases;
harmonisation of the rules, forms and procedures for the two Courts;
the registrar- led COVID–19 and contravention lists;
the Alternative Dispute Resolution Project;
the Registrar Assistance Pilot’
the Discrete Property List; and
the Priority Property Pools under $500,000 pilot (the PPP500 pilot)
The committee members also had the opportunity to hear directly from registrars about their work in the above initiatives and their role in mediation of parenting and property matters; from family consultants about how the Child Dispute Services within the Courts operate; as well as hearing from representatives of the Family Advocacy and Support Service in the Brisbane Registry and police and child protection officers co-located within the Courts.
The committee members also got to see first-hand how the Courts have transitioned to electronic hearings in response to the COVID–19 pandemic through observing an electronic hearing conducted in the Family Court.
Acknowledgements
The site visit to the Family Court of Australia and Federal Circuit Court of Australia (Brisbane Registry) provided the members of the committee with both a better understanding of the practical operation of the court as well as greater understanding of the work of the Courts and their ongoing efforts to continually improve the family law system. The committee was highly appreciative of the Chief Justice/ Chief Judge, the Deputy Chief Justice, the CEO and Principal Registrar, and the Deputy Principal Registrar and National Family Law Registrar taking time out of their busy schedules to provide the committee with such a comprehensive understanding of the processes of the Courts and the issues they face. The committee also expresses its gratitude to the Courts’ Registrars, Family Consultants, and other staff and the various representatives of the organisations who made time to speak to the committee members providing insight into their roles and answering the members’ questions.