Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 [Provisions]

Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 [Provisions]

22 August 2011

© Commonwealth of Australia 2011
ISBN 978-1-74229-458-2

View the report as a single document - (PDF 735KB)


View the report as separate downloadable parts:

Spacer Image
MEMBERS OF THE COMMITTEE (PDF 175KB)
 
CHAPTER 1 - Introduction (PDF 66KB)

Purpose of the Bill
Conduct of the inquiry
Acknowledgement
Scope of the report
Notes on references

 
CHAPTER 2 - Overview of the Bill (PDF 134KB)

Key provisions relating to family violence
Application provision
Financial implications

 
CHAPTER 3 - Key issues (PDF 292KB)

Addition of the Convention on the Rights of the Child as a new object of Part VII of the Act
Primary considerations in determining a child's best interests
Additional consideration of the 'friendly parent' provisions
Additional consideration of family violence orders
New definitions of 'abuse' and 'family violence'
Provision of information to the Family Court of Australia by third parties
Obligation of advisers to prioritise the safety of children
Judicial duty to take prompt action in relation to allegations
Judicial duty to inquire into abuse, neglect and family violence
Repeal of the mandatory costs orders provision
Retrospective effect of the application provision in item 45 of Schedule 1
Resourcing implications for the Family Court of Australia
Equal shared parental responsibility
Need for a public education campaign about the Bill's proposed measures
Committee view

 
RECOMMENDATIONS (PDF 25KB)
 
ADDITIONAL COMMENTS BY COALITION SENATORS (PDF 56KB)

Repeal of the facilitation aspect of the 'friendly parent' provision
New definition of 'abuse'
New definition of 'family violence'
Repeal of the mandatory costs orders provision
Application provision

 
ADDITIONAL COMMENTS BY THE AUSTRALIAN GREENS -   (PDF 176KB)

Introduction
Removal of equal shared parental responsibility (ESPR)
Considerations in determining a child's best interests
Exposure to family violence in the definition of 'family violence'
Risk assessment framework
Conclusion

 
APPENDIX 1 (PDF 54KB)

SUBMISSIONS RECEIVED
ADDITIONAL INFORMATION RECEIVED

 
APPENDIX 2 (PDF 9KB)
WITNESSES WHO APPEARED BEFORE THE COMMITTEE

For further information, contact:

Committee Secretary
Senate Legal and Constitutional Committees
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
Email: legcon.sen@aph.gov.au