RECOMMENDATIONS
Recommendation 1
6.11 The committee recommends that the Australian
Government should develop a specific prosecution policy for the offences in
sections 65Y and 65Z of the Family Law Act 1975; and update the policy
as necessary to include guidance on any future amendments to the Family Law Act
(including the proposed extension of the offences to wrongful retention and
participation in family dispute resolution).
Recommendation 2
6.23 The committee recommends that the Australian
Government should maintain a 'watching brief' on the implementation and impacts
of the proposed amendments to the offences in sections 65Y and 65Z of the Family
Law Act 1975, and the extension of the offences to parties who are
participating in family dispute resolution. In the event that the proposed
amendments do not achieve their intended objective, the committee recommends
that the Australian Government should reassess the need for the
introduction of stronger measures, including the possibility of a stand-alone criminal
offence for international parental child abduction.
Recommendation 3
6.26 The committee recommends that the Australian
Government should give consideration to strategies to improve public awareness
of the offences in sections 65Y and 65Z of the Family Law Act 1975,
including:
- a standard notice in all orders made under Part VII of the
Family Law Act about the existence and effect of the offence
provisions;
- information about the offences being included in existing
Australian Government guidance materials (for example, the
Travel Smart booklet published by the Department of Foreign Affairs, and
Trade, and in the passport application and renewal process);
- conspicuous signage at international departure points (such as
airports and sea ports) about the offence provisions; and
- information materials about the offences being made available
at community legal centres, legal aid offices, family relationship centres,
international departure points and government shop-fronts.
Recommendation 4
6.27 The committee recommends that the Australian
Government should investigate the feasibility of incorporating international
parental child abduction screening and risk-assessment processes into key
stages of a family's post‑separation engagement with the family law
system.
Recommendation 5
6.38 In consultation with State Central
Authorities, the committee recommends that the Attorney-General's Department
should adopt a coordinated strategy for communications between
Australian Central Authorities and applicants in Hague Convention
proceedings. The strategy should include provision for the following measures:
- flexible, case-specific communication arrangements, such as
enabling applicants to contact the Commonwealth Central Authority directly,
rather than the relevant State Central Authority; and
- routine progress updates (such as periodic teleconferences
between applicants and case officers in the relevant Australian Central
Authority).
Recommendation 6
6.43 The committee recommends that the Australian
Government should develop a specific and comprehensive online information
portal about international parental child abduction to and from Australia.
Recommendation 7
6.44 The committee recommends that the Australian
Government should, in consultation with relevant stakeholders in the legal
profession, re-instate and update international parental child abduction
resources for legal practitioners, particularly in respect of Hague Convention
matters.
Recommendation 8
6.50 The committee recommends that the Australian
Government should, in consultation with relevant stakeholders such as
International Social Service Australia, investigate strategies to improve the
availability and coordinated delivery of support services in international
parental child abduction cases, including post-return services.
Recommendation 9
6.55 The committee recommends that the Australian
Government should continue to:
- encourage non-contracting states to accede to the Hague
Convention;
- support new and existing contracting states to implement the
Hague Convention effectively; and
- pursue bilateral agreements, where appropriate, with countries
which have not acceded to the Hague Convention, and which are unlikely to do so
in the foreseeable future.
Recommendation 10
6.61 The committee recommends that the Australian
Government should investigate strategies for the periodic collection and
analysis by an appropriate government agency, or agencies, of comprehensive
statistical data on international parental child abduction to and from
Australia.
Recommendation 11
6.63 The committee recommends that the Australian
Government should review the continuing appropriateness of the exceptional
circumstances requirement in subsection 68L(3) of the Family Law Act 1975, in
respect of the appointment of the Independent Children's Lawyer in Hague
Convention proceedings before the Family Court of Australia.
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