Family Law Amendment (Family Violence and Other Measures) Bill 2018

Previous Citations
  • Family Law Amendment (Family Violence and Other Measures) Bill 2017
Type
Government
Portfolio
Attorney-General
Originating house
Senate
Status
Before Reps
Parliament no
45

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Summary

Amends the: Family Law Act 1975 to: provide for courts to be prescribed in regulations as having the same family law parenting jurisdiction as state and territory courts of summary jurisdiction; provide for regulations to prescribe an increased total property value under which relevant courts can hear contested family law property matters without the parties’ consent; provide that a court may give short-form reasons for decisions relating to interim parenting orders; provide family law courts with an explicit power to dismiss unmeritorious applications; provide judges the discretion to dispense with requirements to explain an order or injunction to a child where it would be in the best interests of the child; remove the 21 day time limit on the revival, variation or suspension of family law orders by state and territory courts in family violence order proceedings; provide that a breach of a family law injunction for personal protection is a criminal offence; remove self-induced intoxication as a defence against charges relating to family violence; provide that criminal responsibility does not extend to the person protected by an injunction for personal protection if their conduct results in a breach of the injunction; provide for state and territory courts to revive, vary or suspend an injunction for personal protection when hearing a proceeding for a breach of that injunction; and repeal a redundant provision that permits a court to make an order relieving a party to a marriage from an obligation to perform marital services or render conjugal rights; and Federal Circuit Court of Australia Act 1999 to make a consequential amendment.

Progress

Senate
Introduced and read a first time 06 Dec 2017
Second reading moved 06 Dec 2017
Second reading debate 13 Aug 2018
Second reading agreed to 13 Aug 2018
Committee of the Whole debate
  • Amendment details: 9 Government agreed to
13 Aug 2018
Third reading agreed to 13 Aug 2018
House of Representatives
Introduced and read a first time 15 Aug 2018

Documents and transcripts

Text of bill

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Word Format PDF Format HTML Format

Explanatory memoranda

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Proposed amendments

Senate

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Schedules of amendments

No documents at present

Bills digest

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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.