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Bronwen Jaggers
Catherine Lorimer
Law and Bills Digest Section
Family law
The government has announced an additional $55.6 million over four years
to help separated families and their children.
Almost 37 million dollars ($36.9 million) will be used to establish two
initiatives in regional Australia.
The first new programme in regional Australia will enable up to 11 000
children from separating families to participate in decisions that impact
on them and help them deal with other issues arising from the breakdown
of the parent’s relationship. The Budget press release states: ‘When children
are more directly involved, the level of conflict tends to be reduced
and parents can achieve more constructive outcomes.’[1]
The second initiative is an educational programme in 28 locations that
will assist separated parents whose inability to communicate without conflict
is affecting their contact with their children. This programme was piloted
as ‘Building Connections’ in regional NSW in 2005-06. It will help separated
parents to focus on the needs of their children.
Fifteen million dollars will assist the Family Court and Federal Magistrates
Court to improve access to justice for de facto couples so that property
disputes and children’s matters can be heard in one court under a nationally
consistent regime. $2.9 million will allow the Family Court of Australia
to employ additional Family Consultants and to undertake training in a
more child-inclusive approach for relevant matters that are heard by that
court. This will provide a stronger focus on children’s needs.
Personal Property Security Reform
Bronwen Jaggers
Law and Bills Digest Section
The Australian Government will provide $113.3 million over five years
to harmonise Australia’s personal property security laws in one Commonwealth
Act and develop a single national online register of personal property
security interests.
The Standing Committee of Attorneys-General (SCAG) agreed to review personal
property security legislation, and the Attorney-General’s department has
released a series of discussion papers on the topic. The States and Territories
have given in-principle agreement to join the Commonwealth in personal
property security reform, subject to further consideration of the financial
arrangements for the national system.
Lenders and purchasers entering into transactions involving personal
property (all property other than buildings or land) will be able to check
cheaply and easily on the Internet whether there is an encumbrance in
the property.
The laws regulating securities over personal property are currently contained
in more than 70 pieces of State, Territory and Commonwealth legislation.
The measure will be offset by revenue of $62.9 million generated once
the new national register is operational.
More information about personal property securities reform is available
at www.ag.gov.au/pps.
Refugee/Migration Law
Sue Harris Rimmer
Law and Bills Digest Section
Nauru
Under Table 12:
‘AusAID country programs’ in the Appendix to the DFAT Budget Paper ‘Australia's
Overseas Aid Program 2007-08’ it states:
'Nauru Additional' funding is provided under a Memorandum
of Understanding negotiated on an annual basis between the Australian
Government and the Government of Nauru, and Budget year estimates are
not for publication ('nfp').
Since 2001 Nauru has been allocated large amounts of funding under a
Memorandum of Understanding in return for detention processing arrangements
of asylum seekers on its territory.[2] The Senate
Select Committee report into a Certain Maritime Incident questioned
whether this money should be properly termed 'aid'.[3]
Funding for IOM in Indonesia
The International Organisation for Migration
(IOM) will receive $7.7 million for its activities in Indonesia. Immigration
Minister Kevin Andrew's press release Strengthening
Australian Borders states that: 'These arrangements provide a safe
and humane alternative to unsafe and illegal maritime ventures promoted
by people smugglers.'
This extra funding for IOM in Indonesia has received adverse comment
from refugee advocate Marion Le, although she welcomed the overall Budget
initiative.
"The IOM simply warehouses people. Does that mean we're
going to establish detention centres in Indonesia?" she said. "That
should be seriously looked at."[4]
The IOM Indonesia webpage can be accessed
here.[5]
Australia and Indonesia will establish a joint taskforce of immigration
and police agencies to deter people-smuggling. The bilateral
treaty to establish this framework is currently being considered by
the Joint
Standing Committee on Treaties.
Susan Dudley
Law and Bills Digest Section
There will be increased funding for the Australian Prudential Regulation
Authority (APRA) comprising an extra $24.1 million over four years to
assist with recruitment and retention of qualified staff.
The Australian Taxation Office will receive an additional $20 million
in 2007-08 to implement the pre-populated tax return.
The Australian Securities and Investment Commission will
receive an extra $116.7 million over four years to support new IT infrastructure.
Endnotes
[1]. Attorney-General’s Department,
‘Helping
Separated Parents and Their Children’, Media Release, 8 May
2007. Online:
http://www.ag.gov.au/www/agd/agd.nsf/Page/RWP7B7561B25E7B8082CA2572D40005EC09
[2]. See further Chapter 10,
Senate
Select Committee report into a Certain Maritime Incident,
23 October 2002, paras 10.24-10.44.
[3]. op cit, paras 11.68 to
11.72.
[4]. David Crawshaw, ‘Funds
to help deter people-smuggling’, Courier-Mail, 5 May 2007
[5]. See further Deb Whitmont
‘Interview with Richard Danziger (head of the International Organisation
for Migration (IOM) in Indonesia). ABC TV 4 Corners, 15 April 2002.
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