The Australian Law Reform Commission (ALRC) has issued a discussion paper on the future of the family law system, making 124 recommendations for change and inviting public comment on its proposals.
Responding to a request from the Attorney-General in August 2017, the ALRC has considered reforms to the system including costs, impact on children, family violence, parenting and property division.
The Commission makes proposals to enhance appropriate participation by children in the family law system, including providing a right for them to express their views on parenting arrangements after separation.
It provides for Children’s Advocates to help children express those views and navigate the system.
A further proposal is the creation of a new body, the Family Law Commission, to oversee the operation of the family law system and to accredit professionals who work in it.
The new Commission would also receive and investigate complaints against family law system professionals.
Other proposed changes put forward by the ALRC include the creation of Families Hubs so that separating families would have access to a whole range of services in one place; an information and education campaign for separating families; and the location of Family Court Registries in State and Territory local courts.
The proposed changes were received coolly by the main union representing court employees which said they would only succeed if there was an urgent increase in staffing and resources.
Acting Director at the Community and Public sector Union (CPSU), Emma Groube said the ALRC’s discussion paper came as the Government continued to push on with other disruptive restructures of the courts system, with the Family Court and Federal Circuit Court to be combined from the beginning of 2019.
“Courts staff are encouraged by this detailed and thoughtful discussion paper from the ALRC, but dismayed that the Federal Government is pushing on with its damaging and pre-emptive shake-up,” Ms Groube said.
“This is the fifth major restructure in these courts in a decade, and absolutely should not proceed until the ALRC has completed its important work.”
Submissions on the discussion paper will be received by the ALRC until 13 November and it is to present its report on reforms to the Attorney-General by 31 March 2019.
The ALRC’s 313-page discussion paper can be accessed at this PS News link.
