Collins Judith: Third Readings —Text is incorporated into the Bound VolumeCollins Judith: Third Readings —[Sitting date: 19 September 2013. Volume:693;Page:13560. Text is incorporated into the Bound Volume.]Hon JUDITH COLLINS (Minister of Justice): Happy Suffrage Day to you too. I moveThat the Care of Children Amendment Bill (No 2) the Child Support Amendment Bill (No 3) the Children Young Persons and Their Families Amendment Bill (No 2) the Domestic Violence Amendment Bill (No 2) the Family Courts Amendment Bill the Family Dispute Resolution Bill the Family Proceedings Amendment Bill (No 2) the Legal Services Amendment Bill (No 2) the Property (Relationships) Amendment Bill (No 2) and the Protection of Personal and Property Rights Amendment Bill be now read a third time. The legislation will give effect to this Government’s commitment to reform the family justice service so that it encourages less adversarial resolution of parenting issues. Our proposed reforms will provide greater protection for children and vulnerable people. Core features of the current system will remain such as the ability to get immediate access to the court in emergency or urgent situations.The reforms proposed in the legislation are the first significant legislative changes to the Family Court since its inception in 1981. The time is right for reform. Society has changed in the three decades since the Family Court was set up. The make-up and the dynamics of families have changed. A Ministry of Justice review of the Family Court in 2011 found that court processes were complex uncertain and too slow. There was a lack of focus on children and vulnerable people and insufficient support for resolving issues out of court. The review also found significant reliance on court professionalswhich can increase the time applications take to be resolved. The cost of operating the Family Court was increasing at an unsustainable rate.The reforms reflect our increased understanding of the negative effect that adversarial court proceedings can have on children. They recognise that the Family Court should be just one part of a wider system that helps families reach agreement about care arrangements for their children. The majority of couples reach agreements between themselves even now. This legislation recognises that for those who cannot resolve matters it would be desirable to have other options rather than heading straight to the court.In many cases the court is not the best place for helping families settle disputes. To reduce the number of parenting issues proceeding directly to the court the legislation proposes establishing the new family dispute resolution service known as FDR. Before commencing care of children proceedings in the Family Court family dispute resolution will be mandatory for most parents. Exceptions include serious cases such as domestic violence or straightforward matters where parents want their agreements sealed by the court.The harmful impact of conflict on children will be minimised by family dispute resolution with fewer cases expected to go to the court each year. Family dispute resolution will reduce the delays and expense that court processes can involve for parents. Family dispute resolution will be free for the estimated 60 percent of participants who will be eligible for pre-court financial assistance. For those not eligible the cost of family dispute resolution will be less expensive than retaining a lawyer and proceeding to a defended court hearing.As well as family dispute resolution the free and highly successful Parenting through Separation course will be expanded and will also be made mandatory for many parents prior to the Family Court proceedings. If couples fail to reach agreement in family dispute resolution they can still apply to the Family Court. In cases where people do proceed to the court they will be supported to navigate the court system independently for straightforward matters. Improved information services a simplified three-track court system and easy-to-use forms will be introduced.Parents eligible for pre-court financial assistance may be provided with some initial legal advice prior to court entry. They may also be provided with some preparatory counselling to help them make the most of family dispute resolution. Currently up to 3 hours’ pre-court taxpayer-funded counselling is available to anyone on request. Under the reforms the focus will shift from dealing with private relationship issues to resolving parenting disputes and reducing conflict for the benefit of children.In the court Family Court judges will have more options to help resolve disputes. They will be able to refer parties back to family dispute resolution or Parenting through Separation if they believe this will help parents reach agreement. They will also be able to involve lawyers earlier in the court process where they believe that that will increase the chances of success. Providing more options for parents will free up the Family Court to focus on cases that require judgment. It will also target the use of professionals including lawyers to help resolve more serious matters.The legislation will give effect to this Government’s commitment to protecting children and vulnerable people by improving the Family Court’s response to domestic violence. New provisions in the legislation will make non-violence programmes more effective. There will be wider powers to direct people to attend non-violence programmes. There will also be an increased onus on providers to report on the outcomes of non-violence programmes and to identify any ongoing concerns about those who have attended the programmes. To strengthen the Family Court’s response to domestic violence the maximum penalty for breaching a protection order will beincreased from 2 years’ imprisonment to 3 years’ imprisonment. To improve the safety of those at risk new provisions will allow people under a protection order to request provision of a safety programme at any time. The definition of psychological domestic violence will also be widened to include financial and economic abuse such as denying or limiting access to financial resources.In summary this legislation will reduce the stress on families and children because disputes will be settled more quickly and fewer cases will end up in court. When they do end up in court the interests of children will be the primary concern. The Family Court will be freed up to focus on the more serious matters that require legal judgment such as those involving domestic violence. More protection will be afforded to vulnerable people and children at risk. This legislation creates a more comprehensive family justice service which will better meet the needs of families today.I would like to take the opportunity to thank all members of the Justice and Electoral Committee for the work that they have done in relation to this legislation including the chairs of the committee—there were two during the process of this legislation Mr Tim Macindoe and Mr Scott Simpson. I would also like to thank all the submitters because their submissions were listened to and there were significant changes to the legislation following the input of the submitters. I commend this legislation to the House.