Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (14:01): The question now is that the remaining amendments on sheets 2066, 2069 and 2073, and the amendments on sheets 2067, 2068, 2070, 2071, 2072 and 2076 be agreed to. A division having been called and the bells having been rung— Senator Hanson: I ask that the amendment on sheet 2069 be voted on separately. The PRESIDENT: The question now is that the amendments on sheets 2066 and 2073, and the amendments on 2067, 2068, 2070, 2071, 2072 and 2076 be agreed to. Opposition's circulated amendments to the Family Law Amendment Bill 2023— SHEET 2066 (2) Schedule 1, item 6, page 5 (line 17), omit paragraph 60CC(2)(b), substitute: (b) any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views. (3) Schedule 1, item 6, page 5 (line 23), after "have a", insert "meaningful". (4) Schedule 1, item 6, page 5 (lines 26 and 27), omit paragraph 60CC(2)(f), substitute: (f) any other fact or circumstance that the court thinks is relevant. Note: Examples of other facts or circumstances that may be relevant include the following: (a) the extent to which each of the child's parents has taken, or failed to take, the opportunity to participate in making decisions about major long-term issues in relation to the child; (b) the extent to which each of the child's parents has taken, or failed to take, the opportunity to spend time with the child; (c) the extent to which each of the child's parents has taken, or failed to take, the opportunity to communicate with the child; (d) the extent to which each of the child's parents has fulfilled, or failed to fulfil, the parent's obligations to maintain the child; (e) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from either of the child's parents; (f) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from any other child or other person (including any grandparent or relative of the child) with whom the child has been living; (g) the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis; (h) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child. _____ SHEET 2067 (1) Schedule 1, item 15, page 7 (after line 21), at the end of subsection 61D(3), add: Note: When making a parenting order that deals with the allocation of responsibility for making decisions about major long-term issues in relation to the child, the court must apply a presumption of joint decision-making unless the court has reasonable grounds to believe that the child's parent (or a person who lives with the child's parent) has engaged in child abuse or family violence: see section 61DA. (2) Schedule 1, item 16, page 7 (line 22) to page 8 (line 23), omit the item, substitute: 16 Section 61DA Repeal the section, substitute: 61DA Presumption of joint decision-making about major long-term issues when making parenting orders (1) When making a parenting order, the court must apply a presumption that it is in the child's best interests for the child's parents to have joint decision-making responsibility for major long-term issues relating to the child. (2) The presumption does not apply if the court has reasonable grounds to believe that the child's parent (or a person who lives with the child's parent) has engaged in child abuse or family violence. (3) The presumption may be rebutted by evidence that it would not be in the child's best interests for the parents to have joint decision-making responsibility for major long-term issues relating to the child. (4) When the court is making an interim order, it may decline to apply the presumption if applying it would not be appropriate in the circumstances. 16A Section 61DB (heading) Repeal the heading, substitute: 61DB Application of presumption of joint decision-making about major long term issues after interim parenting order made 16B Section 61DB Omit "parental responsibility", substitute "decision-making responsibility". (3) Schedule 1, item 21, page 9 (line 5), omit "61DAA", substitute "61DA". (4) Schedule 1, items 22 and 23, page 9 (lines 9 to 14), omit the items, substitute: 22 Subsection 65 D( 1) Omit "(presumption of equal shared parental responsibility when making parenting orders)", substitute "(presumption of joint decision-making about major long-term issues when making parenting orders)". 23 Subsection 65 D( 2) Omit "(presumption of equal shared parental responsibility when making parenting orders)", substitute "(presumption of joint decision-making about major long-term issues when making parenting orders)". _____ SHEET 2068 (1) Schedule 1, item 26, page 10 (line 31), at the end of subsection 65DAAA(2), add: ; (e) the kind of matter the final parenting order deals with. Note: For example, in determining whether the court is satisfied as mentioned in paragraph (1)(b), the court may apply a lower threshold where the final parenting order relates to the time a child is to spend with another person or other persons and a higher threshold if the order relates to the person or persons with whom a child is to live. (2) Schedule 1, item 26, page 10 (line 20), before "the reasons", insert "the past circumstances, including". (3) Schedule 1, item 26, page 10 (line 22), omit "new". _____ SHEET 2070 (1) Schedule 3, page 37 (after line 22), after item 4, insert 4A Subsection 60 CF( 1) After "member of the child's family", insert "who is significant to the child's care, welfare and development". 4B Subsection 60 CF( 2) After "member of the child's family", insert "who is significant to the child's care, welfare and development". 4C Subsection 60 CH( 1) After "member of the child's family", insert "and is significant to the child's care, welfare and development". 4D Subsection 60 CH( 2) After "member of the child's family", insert "and is significant to the child's care, welfare and development". 4E Paragraph 60CI(1)(a) After "member of the child's family", insert "and is significant to the child's care, welfare and development". 4F Paragraph 60CI(2)(a) After "member of the child's family", insert "and is significant to the child's care, welfare and development". _____ SHEET 2071 (1) Schedule 4, item 2, page 38 (line 12), after "child", insert "at least once, in a child-appropriate location, before the court makes final orders". (2) Schedule 4, item 2, page 38 (line 31), at the end of subsection 68LA(5C), add: ; or (c) otherwise not be in the best interests of the child. (3) Schedule 4, item 2, page 39 (lines 1 to 12), omit subsection 68LA(5D). _____ SHEET 2072 (1) Schedule 5, item 16, page 49 (after line 16), after paragraph 95(1)(a), insert: (aa) in a way that minimises acrimony; and (2) Schedule 5, item 16, page 51 (line 13), omit "take account of", substitute "have regard to". _____ SHEET 2073 (1) Clause 2, page 3 (table item 13), omit "Schedules 8 and 9", substitute "Schedule 9". _____ SHEET 2076 (1) Clause 2, page 2 (table item 1), omit "3", substitute "4". (2) Page 3 (after line 11), after clause 3, insert: 4 Review of operation of amendments (1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act. (2) The review must start as soon as practicable after the end of the period of 2 years after the day Schedule 1 to this Act commences. (3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review. (4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.