Report

Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 [Provisions]

13 August 2018

© Commonwealth of Australia 2018
ISBN 978-1-76010-818-2

View the report as a single document - (PDF 224KB)

View the report as separate downloadable parts:

Members of the committee
 (PDF 27KB)
Recommendations
 (PDF 24KB)
Chapter 1 - Introduction and background
 (PDF 57KB)

Background and purpose of the bill
Key provisions
Consultation on the bill
Conduct of the inquiry
Financial implications
Compatibility with human rights
Structure of this report
Acknowledgements
Chapter 2 - Key issues
 (PDF 105KB)

Access to justice issues
Adequate funding for National Legal Aid and courts to implement bill's measures
Legal representation restricted to cross-examination
Exclusion of interim family violence orders
Judicial discretion and training
Committee view
Appendix 1 - Submissions
 (PDF 16KB)
Appendix 2 - Public hearings and witnesses
 (PDF 9KB)

Committee Secretariat contact:

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

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

About this inquiry

The bill would ensure that appropriate protections for victims of family violence are in place during cross-examination in all family law proceedings. In particular, the bill would prohibit personal cross‑examination in certain circumstances, and require that cross-examination be conducted by a legal representative. Where personal cross‑examination is not prohibited, the court would be required to apply other appropriate protections for the victim of family violence.



Past Public Hearings

01 Aug 2018: Melbourne

more...