Family Law Amendment Bill 2023

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
47

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Summary

Amends the: Family Law Act 1975 to: amend the parenting order framework by refining the list of ‘best interests’ factors, removing the presumption of equal shared parental responsibility and related equal time and substantial and significant time provision, and clarifying the circumstances in which a court can vary an existing parenting order; redraft provisions relating to compliance with, and enforcement of, parenting orders; amend definitions relating to the concept of ‘family’ to be more inclusive of Aboriginal and Torres Strait Islander culture and traditions; permit the appointment of independent children’s lawyers (ICLs) in matters brought under the Hague Convention and require ICLs to meet with a child and give them an opportunity to express a view; clarify restrictions on communicating identifiable information arising in family proceedings; and enable standards and requirements to be prescribed for professionals who prepare family reports; Child Support (Assessment) Act 1989 and Federal Circuit and Family Court of Australia Act 2021 to make consequential amendments; Federal Circuit and Family Court of Australia Act 2021 to: allow registrars of the Federal Circuit and Family Court of Australia (FCFCOA) to be delegated the power to impose a make-up time parent order in contravention proceedings; bring forward the review of the Act by 2 years; and provide that a judge of the Family Court of Western Australia can be dually appointed as a judge of Division 1 of the FCFCOA; and Family Law Act 1975 and Federal Circuit and Family Court of Australia Act 2021 to introduce ‘harmful proceedings orders’ and extend the ‘overarching purpose of family law practice and procedure’ and the accompanying duty to all proceedings instituted under the Family Law Act 1975.

Progress

House of Representatives
Introduced and read a first time 29 Mar 2023
Second reading moved 29 Mar 2023
Second reading debate 09 May 2023
Referred to Federation Chamber 09 May 2023
Second reading debate 10 May 2023
Reported from Federation Chamber 11 May 2023
Second reading agreed to 11 May 2023
Consideration in detail debate 11 May 2023
Third reading agreed to 11 May 2023
Senate
Introduced and read a first time 13 Jun 2023
Second reading moved 13 Jun 2023
Second reading debate 11 Sep 2023
Second reading debate 16 Oct 2023
Second reading debate 17 Oct 2023
Second reading agreed to 17 Oct 2023
Committee of the Whole debate 17 Oct 2023
Committee of the Whole debate 18 Oct 2023
Third reading agreed to
  • : Amendment details: 48 Government agreed to
19 Oct 2023
House of Representatives
Consideration of Senate message
  • Details: House agreed to Senate amendments
19 Oct 2023
Finally passed both Houses 19 Oct 2023
Assent
  • Act no: 87
  • Year: 2023
06 Nov 2023

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

House of representatives

Senate

Schedules of amendments

Bills digest

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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