RECOMMENDATIONS

Recommendation 1

3.163        The committee recommends that proposed new subsection 60CC(2A) in item 17 of Schedule 1 of the Bill be amended to read 'In applying the considerations set out in subsection (2), the court is to give greater weight to the consideration set out in paragraph (2)(b)'.

Recommendation 2

3.164         The committee recommends that proposed new paragraph 60CC(3)(c) in item 18 of Schedule 1 of the Bill be amended to require the Family Court of Australia to give consideration to the reason(s) why one parent might not have facilitated a relationship with the other parent in accordance with that provision, including due to risk of harm to a child.

Recommendation 3

3.165         The committee recommends that proposed new paragraph 60CC(3)(k) in item 19 of Schedule 1 of the Bill be amended to read:

(k) any relevant inferences that can be drawn from any family violence order that applies, or has applied, to the child or a member of the child's family, taking into account the nature of the order, the circumstances in which it was made, any evidence admitted and any findings made by the court that made the order, and any other relevant matter.

Recommendation 4

3.170        The committee recommends that:

• proposed paragraph (c) in the new definition of 'abuse' in subsection 4(1) in item 1 of Schedule 1 of the Bill be amended by removing the reference to the word 'serious'; and
• the Attorney-General's Department review the provisions in the Family Law Act 1975 containing the words 'abuse' and 'neglect' to determine whether there are any legislative inconsistencies which need to be addressed.

Recommendation 5

3.180        The committee recommends, in relation to the commencement date of Schedule 1 of the Bill, that column 2 of subclause 2(1) of the Bill be amended to delete reference to 'A single day to be fixed by Proclamation' and to provide that Schedule 1 will commence on the day after the end of the period of three months beginning on the day of Royal Assent.

Recommendation 6

3.186         The committee recommends that the Attorney-General's Department, in conjunction with the family law courts and relevant professional organisations, institute an education campaign, to commence no less than two months prior to the expiration of any lead time, and to cover the critical amendments made by the Bill, including the Schedule 1 commencement date.

Recommendation 7

3.187        The committee recommends that the heading in item 45 of Schedule 1 of the Bill be amended to read 'Amendments that apply to proceedings instituted on or before commencement'.

Recommendation 8

3.188        Subject to the above recommendations, the committee recommends that the Senate pass the Bill.

Navigation: Previous Page | Contents | Next Page