Footnotes

[1] The Committee accepted 144 as public submissions and 68 as confidential submissions.

[2] Explanatory Memorandum, p. 1.

[3] House of Representatives Standing Committee on Family and Community Affairs, Every Picture Tells a Story: Report on the inquiry into child custody arrangements in the event of family separation, December 2003, p. xvii.

[4] Committee Hansard, 3 March 2006, p. 44.

[5] Government Response to Every Picture Tells a Story, June 2005.

[6] Mr Duggan, Committee Hansard, 3 March 2006, p. 44.

[7] See section 65E of the Act and clause 60CA of the Bill.

[8] A child's best interests are the paramount consideration of a court in making a parenting order.

[9] Schedule 1 commences on a day to be fixed by Proclamation, or if this does not occur within six months of Royal Assent, on the first day after that period.

[10] Item 36 of Schedule 4 repeals the current Parts II (Counselling organisations and mediation organisations) and Part III (

[11] The court may arrange for someone else to provide this explanation.

[12] Submission 92, p. 1

[13] For example Dads in Distress Inc, Submission 95, p. 2; Joint Parenting Association, Submission 94, p. 2; Festival of Light Australia, Submission 6, p.3.

[14] Committee Hansard, 3 March 2006, p. 1.

[15] See Lone Fathers Association (Australia), Submission 88, p. 11.

[16] Submission 71.

[17] Submission 109.

[18] Submission 6.

[19] Fathers4Equality, answers to questions on notice, Submission 109N.

[20] For example, Mr Gerry Zettler, Submission 21; Mr Tim Berthet, Submission 56; Mr Jamie Witt, Submission 52.

[21] Committee Hansard, 3 March 2006, p. 3.

[22] See for example, Mr James, Committee Hansard, 3 March 2006, p. 4.

[23] See for example Kathryn Barrett, Submission 120, p. 4.

[24] Current section 61C of the Act and Explanatory Memorandum, p. 25.

[25] Fathers4Equality, Submission 109, p. 2.

[26] See Mr Duggan, Committee Hansard, 3 March 2006, p. 50.

[27] Section 61DA.

[28] House of Representatives Family and Community Affairs Committee, Every Picture Tells a Story: Report on the inquiry into child custody arrangements in the event of family separation, December 2003, Recommendation 1, p. xxi.

[29] Government Response to Every Picture Tells a Story, p. 5.

[30] Submission 58, p. 2. See also NSW Women's Refuge Resource Centre, Submission 111, p. 7-8; Domestic Violence and Incest Resource Centre (DVIRC), Submission 92, p. 2; WLSA, Submission , p. 20-21; National Council for Single Mothers and their Children, Submission 26, p. 5.

[31] Submission 98, p. 20- 21, referring to current sections 60B and 61C of the Act.

[32] Submission 98, p. 21.

[33] Proposed section 61DA of the exposure draft of the bill.

[34] House of Representatives Legal and Constitutional Affairs Committee, Report on the exposure draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005, August 2005, Recommendation 1, p. 8.

[35] Committee Hansard , 3 March 2006, p. 32

[36] Committee Hansard, 3 March 2006, p. 11.

[37] Committee Hansard, 3 March 2006, p. 16.

[38] Committee Hansard, 3 March 2006, p. 28.

[39] Committee Hansard, 3 March 2006, p. 28- 29.

[40] Committee Hansard, 3 March 2006, p. 41.

[41] Submission 23, 3 March 2006, p. 4-5.

[42] Submission 88, p. 4.

[43] Attorney-General's Department, answers to questions on notice, Submission 137, p. 1.

[44] Attorney-General's Department, answers to questions on notice, Submission 137, p. 1.

[45] See section 65E of the Act and proposed section 60CA of the bill.

[46] Submission 99, p. 2-3.

[47] Attorney-General's Department in its submission to the LCAC, see p. 51, paragraph 2.190 of the LCAC Report.

[48] Submission 98, p. 5.

[49] Submission 13, p.5. See also the Law Society of South Australia, Submission 30, and Women's Legal Services Australia, Submission 98.

[50] Submission 13, p. 5, referring to the Explanatory Memorandum, p. 13.

[51] Mr Duggan, Committee Hansard, 3 March 2006, p. 54.

[52] Proposed by subsection 60CC(4A) is part of the Government amendments to the bill introduced into the House of Representatives on 27 February 2006. Although these amendments were introduced after the closing date for submissions, meaning they may not have been covered in written submissions, the Committee was able to seek feedback on the amendments at the public hearing. Subsection 60CC(4), along with subsections 60CC(3)(c) and (i) were referred to in some submissions as the 'friendly parent' provisions, see for example the NSW Women's Refuge Resource Centre, Submission 111, and the Family Issues Committee of the Law Society of NSW, Submission 23.

[53] Submission 23, p. 3.

[54] Submission 23, p. 2-3.

[55] See Mr Kennedy, Committee Hansard, 3 March 2006, p.37-38; and Submission 99, p. 3-4

[56] Submission 111, p. 4-5.

[57] Committee Hansard, 3 March 2006, p. 28.

[58] Committee Hansard, 3 March 2006, p. 37.

[59] Committee Hansard, 3 March 2006, p. 15.

[60] Explanatory Memorandum, p. 13.

[61] Submission 1, p. 9.

[62] Submission 101.

[63] Submission 23, p.7.

[64] Submission 23, p. 7.

[65] Mr Duggan, Committee Hansard, 3 March 2006, p. 53.

[66] Mr Duggan, Committee Hansard, 3 March 2006, p. 53.

[67] Explanatory Memorandum, p. 36.

[68] Explanatory Memorandum, p. 28-9.

[69] See the Family Law Section of the Law Council of Australia, Submission 99. p. 8, and the Family Law Committee of the Law Society of NSW, Submission 23, p. 7.

[70] See for example the Family Law Committee of the Law Society of NSW, Submission 23; Family Law Practitioners Association Queensland, Submission 34; NSW Women's Refuge Resource Centre, Submission 111.

[71] Mr Duggan, Committee Hansard, 3 March 2006, p. 47-48.

[72] See Attorney-General's Department, answers to questions on notice, Submission

[73] Item 3 of Schedule 1.

[74] Proposed paragraph 60CC(2)(b).

[75] Proposed subparagraphs 60I(9)(b)(iii) and (iv).

[76] Proposed paragraph 61DA(2)(b).

[77] House of Representatives Legal and Constitutional Affairs Committee, Report on the exposure draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005, August 2005, p. 35.

[78] Submission 110, p. 3.

[79] Submission 100, p. 15.

[80] Submission 88, p. 5.

[81] Submission 101, p. 4.

[82] Submission 98, p. 11-12.

[83] Committee Hansard, 3 March 2006, p. 19.

[84] See for example the Domestic Violence and Incest Resource Centre, Submission 92, p. 2, and

[85] Mr Duggan, Committee Hansard, 3 March 2006, p. 48.

[86] Mr Duggan, Committee Hansard, 3 March 2006, p. 48.

[87] Mr Duggan, Committee Hansard, 3 March 2006, p. 48.

[88] Mr Adams, Committee Hansard, 3 March 2006, p. 8.

[89] Ms Budivari, Committee Hansard, 3 March 2006, p. 26.

[90] House of Representatives Legal and Constitutional Affairs Committee, Report on the exposure draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005, August 2005, Recommendation 21, p. 72-3.

[91] Government Response to the Recommendations of the House of Representatives Standing Committee on Legal and Constitutional Affairs on the Family Law Amendment (Shared Parental Responsibility) Bill 2005, p. 10.

[92] Explanatory Memorandum, p. 40-1.

[93] Committee Hansard, 3 March 2006, p. 2.

[94] Mr Duggan, Committee Hansard, 3 March 2006, p. 50-51.

[95] Committee Hansard, 3 March 2006, p. 51.

[96] Committee Hansard, 3 March 2006, p. 20.

[97] Committee Hansard, 3 March 2006, p. 25.

[98] Committee Hansard, 3 March 2006, p. 25.

[99] Committee Hansard, 3 March 2006, p. 11.

[100] Mr Duggan, Committee Hansard, 3 March 2006, p. 50-51.

[101] This type of certificate was added to the bill in the Government amendments introduced into the House of Representatives on 27 February 2006.

[102] See Family Services Australia, Submission 1, p. 7-8.

[103] Committee Hansard, 3 March 2006, p. 31-2.

[104] Mr Arnaudo, Committee Hansard, 3 March 2006, p. 49.

[105] See for example, Ms Hannan, Committee Hansard, 3 March 2006, p. 9-10.

[106] Ms Hannan, Committee Hansard, 3 March 2006, p. 11, and Mr Kennedy, Committee Hansard, 3 March 2006, p. 37.

[107] Attorney-General's Department, answers to questions on notice, Submission 137, p. 1.

[108] Mr Butler, Committee Hansard, 3 March 2006, p. 33.

[109] Committee Hansard, 3 March 2006, p. 13.

[110] Ms Hannan is also the General Manager Services for Anglicare WA.

[111] Family Services Australia, answers to questions on notice, Submission 1A, p. 2.

[112] Committee Hansard, 3 March 2006, p. 13.

[113] Ms Pidgeon, Committee Hansard, 3 March 2006, p. 53.

[114] Ms Pidgeon, Committee Hansard, 3 March 2006, p. 52.

[115] Committee Hansard, 3 March 2006, p. 27.

[116] Ms Pidgeon, Committee Hansard, 3 March 2006, p. 52.

[117] Family Services Australia, Submission 1, p. 7, and Relationships Australia, Submission 14, p. 4-5.

[118] Mr Arnaudo, Committee Hansard, 3 March 2006, p. 45.

[119] See for example Ms Kali Vida, Submission 126.

[120] See for example Ms Gail Abrahams, Submission 127; and Mr Mark Swartz, Submission 131.

[121] Submission 99, p. 11.

[122] Mr Duggan, Committee Hansard, 3 March 2006, p. 46.

[123] Submission 77.

[124] Mr Duggan, Committee Hansard, 3 March 2006, p. 46.

[125] Mr Duggan, Committee Hansard, 3 March 2006, p. 50.

[126] Submission 23, p. 8.

[127] Explanatory Memorandum, p. 60.

[128] Explanatory Memorandum, p. 66.

[129] See Submission 99, p. 14, and Law Council of Australia, Submission 47 to LCAC inquiry into exposure draft of the bill, p. 34 and 36

[130] Submission 99, p. 15.

[131] Submission 99, p. 14.

[132] Explanatory Memorandum, p. 69.

[133] Submission 71, p. 1-2.

[134] Submission 71, p. 2.

[135] Attorney-General's Department, answers to questions on notice, Submission 137, p. 6.

[136] Attorney-General's Department, answers to questions on notice, Submission 137, p. 6.

[137] Submission

[138] Explanatory Memorandum, p. 133.

[139] See for example National Legal Aid, Submission 27, p. 2-3.

[140] As amended by Government amendments tabled in the House of Representatives on 27 February 2006.

[141] Submission 27, p. 3.

[142] Explanatory Memorandum, p. 142.

[143] Submission 98, p. 12-13.

[144] Family Law Council, Family Law Council: Review of Division 11 – Family Violence, Letter to the Attorney-General, 16 November 2006, p. 7; see also WLSA, Submission 98, p. 13.

[145] Committee Hansard, 3 March 2006, p. 29.

[146] Submission 98, p. 13.

[147] Added by Government amendment, introduced into the House of Representatives on 27 February 2006. Emphasis added.

[148] Committee Hansard, 3 March 2006, p. 25.

[149] Submission 98, p. 13-14.

[150] Attorney-General's Department, answers to questions on notice, Submission 137, p. 4.

[151] Attorney-General's Department, answers to questions on notice, Submission 137, p. 4.

[152] The FLC Recommendations had suggested that the purpose of Division 11 should be: (a) to resolve inconsistencies between contact orders and family violence orders; and (b) to ensure that contact orders do not expose people to family violence

[153] Attorney-General's Department, answers to questions on notice, Submission 137, p. 5.

[154] Attorney-General's Department, answers to questions on notice, Submission 137, p. 4.

[155] Attorney-General's Department, answers to questions on notice, Submission 137, p. 5.

[156] Framework Statement on reforms to the Family Law System, Prime Minister, 29 July 2004

[157] Submission 14, p. 1.

[158] Submission 98, p. 3.

[159] Committee Hansard, 3 March 2006, p. 20.

[160] Committee Hansard, 3 March 2006, p. 25.

[161] Committee Hansard, 3 March 2006, p. 11.

[162] Submission 98, p. 5.

[163] Submission 30, p. 1.

[164] Submission 23, p. 1.

[165] Submission 98, p. 11.

[166] Submission 13, p. 8.

[167] Submission 23, p. 7.

[168] Committee Hansard, 3 March 2006, p. 19.

[169] Submission 88, Lone Fathers' Association (Aust) Inc, page 12

[170] Submission 109, Fathers4Equality, page 5.

[171] Submission 109, Fathers4Equality, page 6.

[172] Submission 88, Lone Fathers' Association (Aust) Inc, page 9

[173] Submission 6, Festival of Light, page 2.

[174] Submission 5, Australian Christian Lobby, page 3.

[175] Submission 109, Fathers4Equality, page 2.

[176] Committee report, paragraph 3.14.

[177] Submission 109, Fathers4Equality, page 3.

[178] Submission 109, Fathers4Equality, page 4.

[179] Submission 5, Australian Christian Lobby, page 4.

[180] Submission 94, Joint Parenting Association, page 3.

[181] House of Representatives Standing Committee on Family and Community Affairs (2003), Every Picture Tells a Story: Report on the Inquiry into Child Custody Arrangements in the event of Family Separation. Page 22.