BILLS › Family Law Amendment Bill 2023, Family Law Amendment (Information Sharing) Bill 2023
The PRESIDENT (14:16): The question now is that the amendments on sheets 2131 and 2135 be agreed to— Pauline Hanson's One Nation's circulated amendments to the Family Law Amendment Bill 2023— SHEET 2131 (1) Schedule 4, item 1, page 38 (before line 4), before item 1, insert: 1A After subsection 68 L( 2) Insert: (2A) If a lawyer has not previously been appointed as an independent children's lawyer, the court must not appoint that lawyer under subsection (2) unless the lawyer has undertaken training under an approved program. (2B) If a lawyer has previously been appointed as an independent children's lawyer and has regularly performed the functions of an independent children's lawyer for a period of 2 years or more, the court must not appoint that lawyer under subsection (2), unless: (a) a period of at least one year (the interim period) has passed since the lawyer's last appointment as an independent children's lawyer ended; and (b) during the interim period the lawyer has undertaken further training under an approved program. (2) Schedule 4, item 2, page 39 (lines 1 to 12), omit subsection 68LA(5D), substitute: (5D) If the independent children's lawyer proposes not to perform a duty because of paragraph (5B)(c), the court must determine whether it is satisfied that exceptional circumstances exist that justify not performing the duty. (5E) If the court determines that those circumstances do not exist the court must: (a) make an order requiring the independent children's lawyer to undertake further training under an approved program; or (b) make an order requiring the independent children's lawyer to meet with the child or provide the child with an opportunity to express their views (as the case requires). Note: The court may also make such other orders it considers necessary to secure the independent representation of the child's interests (see paragraph 68L(2)(a)). (3) Schedule 4, page 39 (after line 12), after item 2, insert: 2A At the end of Division 10 of Part VII Add: 68MA Meaning of approved program (1) In this Division, approved program means a program of training courses prescribed by the regulations. (2) Without limiting subsection (1), an approved program must include training in relation to: (a) ensuring the best interests of the child are prioritised; and (b) maintaining impartiality; and (c) dealing with young children, including the importance of not utilising leading questions to elicit a desired answer from the child. _____ SHEET 2135 (1) Schedule 1, item 6, page 5 (line 7), at the end of subsection 60CC(1), add: ; and (c) unless subsection (3B) applies, apply the presumption set out in subsection (3A). (2) Schedule 1, item 6, page 6 (after line 4), after subsection 60CC(3), insert: Presumption of equal shared parental responsibility (3A) For the purposes of paragraph (1)(c), the court must apply a presumption that it is in the child's best interests for the child's parents to have equal shared parental responsibility for the child. Note: Paragraph 60B(b) provides that it is an object of this Part to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989. This includes articles 7, 9 and 18 of the Convention which relate to: (a) a child's right to know and be cared for by both parents; and (b) a child's right to maintain personal relations and direct contact with both parents on a regular basis; and (c) the principle that both parents have common responsibilities for the upbringing and development of the child. (3B) The presumption does not apply if there are reasonable grounds to believe that a parent of the child (or a person who lives with a parent of the child) has engaged in: (a) abuse of the child or another child who, at the time, was a member of the parent's family (or that other person's family); or (b) family violence. (3C) The presumption may be rebutted by evidence that satisfies the court that it would not be in the best interests of the child for the child's parents to have equal shared parental responsibility for the child. (3) Schedule 1, item 6, page 6 (line 9), after "or (3)", insert "and may, but is not required to, apply the presumption set out in subsection (3A)".