Review of family law

There are currently several reviews of family law taking place in Australia.

The federal government has asked the Australian Institute of Family Studies to conduct a review of the family law reforms that were made in 2006 under the Howard government - especially the resolution of disputes outside the court systyem and the Family Dispute Resolution Centres and shared parenting laws. The AIFS has been asked to evaluate how the reforms are operating. The AIFS will present their report to the government by December 2009.

Last month Federal Attorney-General Robert McClelland announced a review of family law in Australia relating to domestic violence. The announcement was made jointly by Mr McClelland and the New South Wales Minister for Women and Acting Attorney-General, Verity Firth. The Review will be overseen by former Family Court judge Richard Chisholm.

The Review will have a focus on considering the 'harmonisation' of domestic violence law and family law. The review was apparently prompted by an incident earlier this year when a father allegedly threw his daughter from the Westgate Bridge in Melbourne. Domestic violence relating to women and children will both be considered. 

One possible outcome will be raising the threshold for mandatory reporting of child abuse in the Family Law Act.

Mr McClelland has also asked the Australian Law Reform Commission if further changes are needed to protect women and children fleeing violent partners if they cross state borders.

The report, to be conducted by the Australian and New South Wales Law Reform Commissions in consultation with other jurisdictions, "will address inconsistencies in the interaction and application of Commonwealth and State laws regarding domestic violence, child protection, sexual assault and family law." The Report will be completed by July 2010.

As these reviews proceed, we need to be watchful to evaluate the reports and any proposals that may be forthcoming.

References:

Attorney-General's Media Release, Law Reform Commission review - 24/7/2009

Attorney General's speech about Prof Chisholm's review - 24 July 2009.
This speech outlines all the reviews.

Australian Law Reform Commission Media Release

Media Articles:
Crackdown on violence in the home
The Age, Misha Schubert, July 24, 2009.

Domestic abuse target in new law
SMH, Stephanie Peatling, Social Affairs Correspondent, July 24, 2009.

Chief Justice questions parenting laws
The Australian, 27/7/2009.