Recommendations
Recommendation 1
3.36 The Committee recommends that there
be a definition of 'equal shared parental responsibility' inserted in the bill.
Recommendation 2
3.58 The relationship between the
considerations in proposed subsections 60CC(2) and (3) be clarified in the
bill.
Recommendation 3
3.62 Subsections 60CC(4) and (4A) should
be amended to make it clear that a court should consider a parent's pre- and
post-separation conduct and circumstances. The revised provisions should use
appropriate terminology for the pre-separation conduct and considerations, and
avoid using post-separation terminology such as 'the parent's obligation to
maintain the child'. The revised provisions should also direct the court that
while pre-separation considerations are important, the focus should be on
determining the child's best interests in relation to a parent's present and
future conduct and circumstances.
Recommendation 4
3.64 That the Government undertake a
review of the application of provisions which may operate to exclude the
Court's consideration in situations where consent orders are lodged by the
parties.
Recommendation 5
3.111 The proposed definition of family
violence should be redrafted to clarify that the test is the 'reasonable person
in the shoes of the individual and whether they would fear or have an
apprehension of violence'.
Recommendation 6
3.112 The Government should use the
results of the Australian Institute of Family Studies research it has commissioned into
family violence and, if necessary, review definitions of family violence across
all State and Territory jurisdictions as soon as possible.
Recommendation 7
3.129 Proposed subsection 117AB should be
removed from the bill pending any relevant results of the Australian Institute
of Family Studies research into the prevalence of false allegations of family
violence in family law proceedings.
Recommendation 8
3.154 That the Government undertake the
necessary consultation with service providers in rural, regional, remote and
very remote areas to ensure that adequate funds are allocated for the provision
of dispute resolution services in those areas. Further, where videolink or
telecommunications are to be used to provide dispute resolution services, the
Government is to ensure that adequate funds are provided so that parties are
given the opportunity to have an initial face-to-face outreach service.
Recommendation 9
3.155 Where parties are in a location
which prevents them from attending an FRC, the first three hours of dispute
resolution is provided to those parties free of charge, regardless of who
provides the dispute resolution service.
Recommendation 10
3.174 That the Department immediately
undertake a comprehensive analysis of the cost implications on current
litigants, future litigants and the courts on maintaining two regimes for a
period of three years for the determination of Part VII applications.
Recommendation 11
3.175 That the Attorney-General's
Department develop and implement a comprehensive public information campaign to
inform people of the impact of the amendments in the bill on existing parenting
orders.
Recommendation 12
3.176 In the event of an increase of
applications to the court to vary existing parenting orders once the amendments
in the bill commence, that the Government provide the court with sufficient
resources to adequately address the increase in applications.
Recommendation 13
3.191 That the Attorney-General's
Department consult with the relevant State and Territory departments and
agencies in relation to the operation of
section 69ZW.
Recommendation 14
3.199 That the Department consult with
National Legal Aid to ensure that the necessary resources are made available to
meet any increased demand for children's lawyers.
Recommendation 15
3.217 The section 68R be reviewed to
ensure the considerations to be taken into account are clear to all readers,
and similarly the weighting to be given to each consideration, by the Court
when exercising its powers under the section must also be clear.
Recommendation 16
3.218 The Committee recommends that
subject to the preceding recommendations the bill proceed.
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