Family Courts Matters Bill

It has been my pleasure to be a member of the Social Services Committee and, particularly, to be its deputy chair during the course of the hearings on, consideration of, and deliberation on the Family Courts Matters Bill. We have had a great deal of cross-party agreement on a lot of things, and that has extended all the way through, really.

💬 Nathan Guy: That’s a surprise.

Yes, it is a surprise. I think it is very difficult to look at these matters in relation to the Family Court and not to do so without, I think, a degree of humility and gratitude that there are people who work in this area —judges in particular, as well as lawyers, social workers, and others—whose concern it is to try to take a very difficult situation and make it as least difficult as possible. We see that is so particularly when we look at clause 50A, which concerns the duty of legal advisers to promote reconciliation and conciliation. That is not a new thing. We have always had that duty, but it is not one that many people expect of lawyers.

We have gone further than that in this bill and promoted mediation as a primary role within the Family Court when people come before it with issues that they have not been able to resolve beforehand. I am a great believer in mediation, having dealt with it over the years as a lawyer, and having promoted it not only in Family Court matters but also in commercial matters. At the end of the day, most issues that come before the Family Court will, at some stage, involve children, and most do involve children for most of the time. Those children who are the innocent victims of their parents’ behaviours, difficulties, issues, and unresolved conflicts are the ones who suffer the most. Adults, I have always believed, are pretty good at looking after themselves. Children, however, do not get a choice in terms of the behaviour of their parents.

Mediation is the most reasonable way for people who have been unable to see eye to eye with one another over their children, or over relating to their children, to actually come together and be encouraged to promote the interests of their children first. I do not know of any parents who, when confronted with what is in the best interests of their children, do not in their heart of hearts want to do the best thing for their children. Often they simply need to be shown the way and to be given the assistance of trained mediators and facilitators to help them to work through that. Mediation is a pretty difficult process, but in my experience it generally works. It is very seldom that it does not work.

Progress to be reported presently.

House resumed.

The Chairperson reported the Births, Deaths, Marriages, and Relationships Registration Amendment Bill with amendment, and progress on the Family Courts Matters Bill.

Report adopted.

The House adjourned at 9.56 p.m.