Borrows Chester: Family Court Proceedings Reform Bill — First Reading 
Text is incorporated into the Bound Volume 
Borrows Chester: Family Court Proceedings Reform Bill — First Reading 
[Sitting date: 04 December 2012. Volume:686;Page:7028. Text is incorporated into the Bound Volume.] 
Hon CHESTER BORROWS (Acting Minister of Justice) 
: 
 I move  
That the Family Court Proceedings Reform Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Justice and Electoral Committee. 
The Family Court Proceedings Reform Bill will create a modern accessible family justice system that is more focused on the needs of children and vulnerable people. It is an omnibus bill that amends nine family law Acts. The reforms the bill implements are the most significant changes to the Family Court since it was established in 1981. The bill implements the Government’s decisions resulting from a review of the Family Court. 
The changes in the bill respond to widespread concerns that the court is not able to focus enough on the most serious cases has processes that are difficult to understand and has seen its costs greatly increase in recent years. The cost of running the Family Court grew 70 percent from $84 million in 2004-5 to $142 million in 2010-11. This increase in cost is despite application numbers remaining comparatively stable. 
The Government recognises that the Family Court forms one component of a wider family justice system that needs to support families to resolve disagreements. Through these reforms the Government will provide more support for people to resolve their disputes out of court. We are also changing the role of the court to ensure it is focused on the most vulnerable people and on the most serious matters requiring judicial decisions. The bill will shift the focus of the family justice system towards supporting people to resolve their disputes about their children out of court where appropriate. 
The bill renames the Family Courts Act. It will become the Family Disputes (Resolution Methods) Act 1980 to signal a shift away from the court being the main way family disputes are resolved. Resources are being developed to help people reach agreements and settle disputes without going to court as a vast majority of families do already. For example the successful Parenting through Separation course will be mandatory before applying to court for a parenting order. These free programmes teach parents to understand and focus on the needs of their children when they separate. 
The most significant reform in the bill is the new family dispute resolution service. Parents who are not able to agree on arrangements for their children will need to attend family dispute resolution before applying to court unless an exemption applies. A person may also decide to attempt family dispute resolution for other family disputes such as disputes about relationship property. Out-of-court dispute resolution will give people the opportunity to resolve disputes more quickly and with less conflict. Research shows that prolonged exposure to frequent and intense parental conflict is associated with a range of psychological risks for children. Family dispute resolution will encourage people to focus on the needs of their children and take ownership of the agreement reached. 
Family dispute resolution will be free for those who meet the legal aid eligibility threshold. It will replace most Family Court counselling and mediation services. It is estimated that family dispute resolution will help resolve about 1200 cases that would otherwise end up in court and will keep 2000 children from being exposed to the court processes. Of course access to the court is still available if family dispute resolution does not resolve all the issues. Also people will still have direct access to the court for cases that are not appropriate for out-of-court dispute resolution. For example applicants who need the court’s assistance urgently or who have suffered domestic violence will continue to have immediate access to the court. 
A targeted form of publicly funded counselling will be retained for in-court proceedings about the care of children. A judge will be able to refer people for counselling if the judge considers it is the best way to improve the parenting relationship and make the outcome more durable. 
The bill will improve the Family Court’s response to domestic violence through three key changes. First the bill expands the definition of “domestic violence” in the Domestic Violence Act to include financial and economic abuse as an example of psychological abuse. Second it increases the sentence for breaching a protection order from 2 years’ imprisonment to 3 years’ imprisonment. Third the bill will provide for greater flexibility in the development and delivery of stopping violence programmes. Currently domestic violence programmes are largely one size fits all. 
The bill will focus the Family Court on resolving disputes that need a judicial decision. It encourages faster less adversarial resolution of family disputes and empowers judges to focus on the most serious cases. The bill targets the court’s resources towards those children and vulnerable people who most need its protection. 
Lawyers for parties will attend care of children proceedings in which they are needed. Lawyers do not need to be involved in the initial stages except for urgent cases. This reform is designed to give family members the opportunity to resolve their disputes themselves with the assistance of the judge. But if a case proceeds to a defended hearing parties may choose to have a lawyer. This is a big change and I expect it will attract a number of submissions. 
There are two areas to which I would like the Justice and Electoral Committee to pay particular attention following feedback from Family Court stakeholders. The first is the appointment of a lawyer for a child in care of children cases. Under the bill a lawyer for a child will be appointed where a judge has concerns for the safety or well-being of the child and considers an appointment necessary. I expect that a lawyer for a child will still be appointed in the majority of cases but it is important to get this test right. 
The second area is how allegations of violence are dealt with in care of children cases. The bill replaces the current process with a more flexible and proportionate response. Allegations of violence are to be dealt with in accordance with the welfare and best interests of the child. The first principle that a person must consider is that the child’s safety must be protected. 
Other changes in the bill will make the court more efficient and effective. For example if a person received a judgment less than 2 years ago they will require the court’s leave to commence similar proceedings about the care of children. Transferring relationship property cases from the Family Court to the High Court will also be eased. 
The changes in this bill are only one aspect of the Family Court reforms. The changes will be supported by a comprehensive information strategy to help parties resolve their disputes themselves or if that is not possible to help them navigate the court system. There will be amendments to the Family Court’s rules to simplify court processes and to make forms easier to use. 
This Government is committed to improving outcomes for children. It is best for children if their parents are able to resolve disputes about their care without going to court. The Family Court should be there for those cases that need its assistance and it should be able to resolve disputes in a timely and proportionate way. I commend this bill to the House.