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The Albanese authorities has unveiled its plan to reform the Household Legislation Act, citing the necessity to handle court docket delays and defend these liable to household violence.
The federal government will on Monday unveil draft laws which it says will make household courts safer for youngsters and separating households.
It says the plan isn’t just one other inquiry, and can end result within the introduction of laws later this yr.
The draft laws contains suggestions made in each the Australian Legislation Reform Fee inquiry in 2019 and the Parliamentary Joint Choose Committee inquiry in 2021.
The federal government says it’s trying to deal with prolonged court docket procedures, drawn out litigation and insufficient help companies.
“These lengthy overdue proposed reforms substitute the usually complicated legislation round parenting preparations with a less complicated child-focused framework that may information mother and father who can agree on their very own post-separation parenting preparations,” the federal government mentioned in a press release.
“It’s going to additionally streamline the method for courts who decide the minority of parenting disputes the place settlement has not been reached.”
The draft laws, launched by Legal professional-Common Mark Dreyfus, replaces the raft of variables which go into making household court docket choices with six “finest curiosity” components when ruling on parenting preparations.
It additionally requires an Unbiased Youngsters’s Lawyer to fulfill straight with youngsters, and provides courts expanded powers to guard events throughout protracted litigation.
In line with Mr Dreyfus, the federal government may also broaden the definition of a member of the family to incorporate ideas of household present in Aboriginal and Torres Strait Islander communities.
The federal government will on Monday launch a session paper alongside its draft laws with submissions on the proposed invoice due by February 27.
“Within the 9 years the previous authorities was in workplace there have been at the very least two dozen critiques into the household legislation system, with a whole bunch of suggestions that had been merely ignored,” the federal government mentioned.
“The Albanese Authorities can be performing this yr to legislate a less complicated and safer Household Legislation Act for households and their youngsters.”
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