Dissenting Report from the Australian Greens


Dissenting Report from the Australian Greens

1.1        The Australian Greens support efforts to improve the Family Law Act 1975 particularly where it improves protections for victims of family violence.

1.2        Many of the submissions to this inquiry supported the reforms contemplated by this Bill. However, many submission-makers also raised concerns with parts of this Bill, particularly in relation to Binding Financial Agreements (BFAs).

1.3        The substantive concerns with BFAs raised by the Women’s Legal Service Queensland (WLSQ) include:

That the proposed changes:

  • have not appropriately taken into account the issues for vulnerable people, particularly women or
  • appropriately protected their interests;
  • give precedence to commercial contractual principles over the principles of justice and equity; and
  • have failed to take into account the dynamics of family violence and how [BFAs] can be used as a tool of financial abuse against victims of family violence.[1]

1.4        The Australian Women Against Violence Alliance (AWAVA) expressed reservations '...about whether many of the proposed amendments will achieve the purpose of offering better protection to victims of family violence'.[2]

1.5        Soroptimist International (SI) submitted that

...considerations be given to amendment of the Bill to better reflect the prevalence of financial abuse in the family court processes and the imbalance in bargaining position when victims of domestic and family violence undertake negotiations concerning binding financial agreements.[3]

1.6        The Australian Greens share the concerns  of WLSQ, AWAVA and SI, and in particular the WLSQ’s view that:

....these proposed changes will make [BFAs] an even more attractive option for use by perpetrators of violence and will be a particularly useful tool to financially exploit vulnerable women.[4]

1.7        It would be counterproductive and regrettable if the Bill that purports to contain measures to improve the Family Court’s response to family violence was to result in an increase in the likelihood of vulnerable women being financially exploited.

1.8        The Australian Greens believe that more weight should have been given to the submissions of AWAVA, WLSQ and SI, particularly in relation to the section 90K amendment.

Recommendation 1

1.9        That the Bill be amended to create a framework for Binding Financial Agreements which addresses the concerns raised by Women’s Legal Service Queensland, Australian Women Against Violence Alliance and Soroptimist International.

Senator Nick McKim
Australian Greens

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