1IN3's submission to the Family Law Amendment Bill 2023

The Family Law Amendment Bill 2023 would primarily amend the Family Law Act 1975 “to ensure that the best interests of children are prioritised and placed at the centre of the family law system.” The bill would also make consequential amendments to the Federal Circuit and Family Court of Australia Act 2021.

The One in Three Campaign has lodged a submission to the Senate Standing Committees on Legal and Constitutional Affairs inquiry into the proposed changes.

Our recommendations are as follows:

1. Do NOT repeal the presumption of equal shared parental responsibility in section 61DA, and its associated provisions to consider the practicality of equal time, or substantial and significant time in section 65DAA.

2. Commission quality research by a reputable, neutral research organisation in order to ascertain the extent, if any, of current community misconception about the presumption of equal shared parental responsibility in section 61DA, and its associated provisions to consider the practicality of equal time, or substantial and significant time in section 65DAA.

3. The wording of section 61DA and 65DAA of The Act be reviewed and adjusted to prevent future misconceptions while retaining the spirit and intent of the current legislation. Consideration be given to what could be done in terms of community education so the community has a full and accurate understanding of the re-worded provisions.

4. That a thorough and transparent Gender Impact Assessment of the government’s proposed Family Law Reforms be undertaken to identify whether the recommended changes will affect women, men and gender diverse people differently. These findings should be made available to the public.

You can download the full submission here.