1.1        The Australian Greens are concerned that the effectiveness of the Family Law Amendment (Family Violence and Other Measures) Bill 2017 (the bill) may be limited if courts and judicial officers are not given the resources and training they need to adapt to this change.

1.2        The Law Council of Australia highlighted that the bill is not coupled with increased funding to state and territory courts of summary jurisdiction. They submit that this lack of funding will mean the changes proposed in the Bill are:

• unlikely to have any practical effect;
• may alienate stakeholders who could see it as cost-shifting by the Commonwealth; and,
• may result in list blowouts in the children's court (the jurisdiction which has the most urgency for resolution of matters concerning the protection of children).[1]

1.3        Victorian Legal Aid suggested that 'resource implications of the legislative changes for courts and legal aid services should be considered in collaboration with state and territory governments, and addressed by the Commonwealth Government if the amendments are to have the intended change in practice'.[2]

1.4        The Australian Greens share the Law Council of Australia's concern that the Explanatory Memorandum makes no mention of training state and territory judicial officers in family law. We support the Law Council of Australia's arguments that 'training is essential for the proper administration of Justice' and that it is crucial that 'any such training must be ongoing so that state and territory judicial officers are kept up to date about changes in the law, and so that any new judicial officers appointed to the state and territory local courts receive the base level training as part of their induction'.[3]

1.5        The Australian Human Rights Commission cites research which indicates that many judges do not have the skills, nor training, to directly interact with children and young people. The Commission was concerned that this skill gap may lead to:

...judges and court officials adopting a default position that avoids providing children with explanations of court orders and injunctions relevant to their safety and wellbeing because they consider that the children are 'too young to understand'[4] 

1.6        Therefore, the Australian Green support the Commission's submission that:

...more training and resources are needed to ensure court officials have the means available to them to engage with children of all ages about difficult subjects, in a safe, appropriate and respectful manner.[5]

Recommendations

1.7        The Australian Greens recommend:

1. That courts and legal aid services be appropriately resourced to adapt to the changes proposed by the Bill.
2. That officers of the court are appropriately trained in family law.
3. That officers of the court are trained to directly interact with children and young people.

Senator Nick McKim

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