Download Family Law for the Future - Final Report Book in PDF, Epub and Kindle
In 2017, the Attorney-General asked the Australian Law Reform Commission to conduct the first comprehensive review into the family law system since the commencement of the Family Law Act in 1976, with a view to making necessary reforms to ensure the family law system meets the contemporary needs of families and effectively addresses family violence and child abuse. This report presents the findings and recommendations of this review. The terms of reference asked the review to consider whether, and if so what, reforms to the family law system are necessary or desirable, in particular regarding the protection of vulnerable parties, improving dispute resolution processes, enhancing the integrity of the family law system, and family law services and professionals. The review identified structural and systemic difficulties within the current family law system, in part created by impenetrable legislation, under-resourcing, and the bifurcated legislative regimes that deal with different aspects of matters that impact on families. Rather than presenting a single bold new initiative to address these issues, the review makes 60 recommendations for reform addressing all aspects of the system. Proposals include a comprehensive redraft of the Family Law Act, the requirement that parties take genuine steps to attempt to resolve their dispute prior to filing an application, considering Aboriginal and Torres Strait Islander children's connection to culture and country when making decisions, and handing control over the family law system to the states and territories, with the aim of improving the handling of domestic violence and child protection cases.