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F2012L02395
Portfolio:
Attorney-General
Family Law Amendment Regulation 2012 (No. 4)
F2012L02391
Portfolio:
Attorney-General
Trans-Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2)
F2012L02412
Portfolio: Attorney-General
Committee view
2.1
The committee seeks clarification from the Attorney-General on the
potential impact of these instruments on the right to access to justice under
article 14 of the International Covenant on Civil and Political Rights.
Overview
2.2
These instruments are part of a number of instruments that give effect
to the court fees reform package, which was announced as part of wider reforms
to the federal courts announced in the 2012-13 Budget.
2.3
These instruments provide for reforms to court fees, including by
increasing application fees (by 20 per cent in the case of applications for
divorce), while providing fee exceptions for those on legal aid.
Compatibility with human rights
2.4
While two instruments[1]
which form part of this package were accompanied by a statement of
compatibility, these three instruments did not contain a statement of
compatibility as required by section 9 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
2.5
These instruments are imposing substantial fee increases in relation to
a number of court applications, which raises access to justice issues under
article 14 of the International Covenant on Civil and Political Rights.
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