List of recommendations

Recommendation 1

2.267The committee recommends that:

proposed paragraphs 79(6)(b) and 90SM(6)(b) are amended to replace ‘sold’ with ‘rehome’, and

proposed subsections 79(6) and 90SM(6) are amended to clearly state that the court has the power to make interim orders with respect to companion animals.

Recommendation 2

2.269The committee recommends that in developing the Accreditation Rules for Children’s Contact Services, the Commonwealth government consults with relevant stakeholders and gives serious consideration to introducing accreditation obligations at the organisational level.

Recommendation 3

2.271The committee recommends that subsection 44(1B) of the Family Law Act 1975 is repealed thereby removing the requirement that couples must undergo counselling before applying for divorce if they have been married for less than two years.

Recommendation 4

2.274The committee recommends that Schedule 3, Part 5 of the Bill, which deals with protected confidences, is amended to require that the party seeking access to a protected confidence is required to show they are relevant to, and necessary for, the proceedings prior to their production.

2.275The committee recommends that in relation to Schedule 3, Part 5 of the Bill, the following safeguards in relation to seeking access to a protected confidence be developed:

having the Attorney-General’s Department work with courts to ensure appropriate awareness of the measure is achieved through education and information given to parties;

having the Explanatory Memorandum clarify what constitutes a specialist service; and

expanding the consent provision to make it clear consent can be given in relation to all or part of the records.

Recommendation 5

2.278Subject to the proceeding recommendations, the committee recommends that the Senate passes the Bill.