Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Bill

Members, we come now to Part 2. This is the debate on clauses 8 to 13, “Amendments to Family Court Rules 2002”, and Schedule 2. The question is that Part 2 stand part.

Thank you, Madam Chair. I’d like to draw our attention to clause 10 of the bill. Now, clause 10 of the bill clarifies that the affidavit evidence remains the default method for presenting evidence in the Family Court unless the judge directs otherwise, and that’s what we’ve been speaking about throughout the course of discussing this, Dr McLellan’s bill.

Now, I just would like to ask the member, if you don’t mind: how does the member expect that this provision will interact with the new entitlement of giving oral family violence evidence by alternative means under new section 106BB, inserted by clause 6? So I guess what I’m asking the member in charge of the bill is: how are we expecting that, going forward, it’s going to be balanced out when there’s a mixture of giving evidence, some in the form of affidavit and some in oral form?

Thank you for the question. I think, quite simply, the amendment simply confirms that the use of affidavit remains the default in Family Court, as it is now. It’s just making that extra clear, and when you add in other provisions, you don’t want to minimise that which already exists. So adding this in—which was done through the select committee process, through that advice that we received—was just making that clear, because it is important. The bill changes only where the oral evidence is required, ensuring that there’s just that clarity for lawyers.

💬 Rima Nakhle: Madam Chair?

I’m going to let it go this time because I hadn’t said the words, but I think we need to be a little bit more in the game here. Rima Nakhle—I’m not pointing the finger at that member, I must say; I’m pointing the figure at the House. Thank you.

💬 Rima Nakhle: I’m trying to be graceful, like my name. It means graceful, in a way.

CHAIRPERSON (Barbara Kuriger): In a way. Thank you.

In the select committee process, we did discuss the intent of this bill a lot and the changes that it will make, and something that we’ve touched upon throughout the process is that the main change is actually available, but this will make it more of a default, as opposed to applying for a judge to make the call. I just want to ask the member to please take us through. In terms of the practicality of it all—and I know that we originally said that the bill will come into effect 12 months after Royal assent. But I just want to ask with respect to this being in practice: is the member confident that, in practice, these changes will achieve what you’re hoping they will achieve with the intent?

Again, I commend the member Rima Nakhle for the question, because it is about practical application. So, yes, I am confident. That was the advice that we had received through the process in so far as there would be some additional time required, maybe even just for communication and education, because as the member quite rightly points out, there currently exists the option to provide evidence in alternative ways, but, as I said in Part 1, people don’t know what they don’t know and we know that that’s not being taken up. So simply doing nothing isn’t improving the situation for victims of violence that find themselves in Family Court.

I sort of reiterate making it a presumption and therefore signalling—with that six-month period following Royal assent that should give enough time for all of those elements to be in play; that educative process, the time to provide impetus that they were actually serious—that these things should be made available. Again, that’s just reiterating. That was the advice, so we’ve no reason to assume that readiness will be an impediment in making that happen.

Part 2 agreed to.

Schedule 1, with no debate. The question is that Schedule 1 be agreed to.

Schedule 1 agreed to.

Schedule 2, also no debate. The question is that Schedule 2 be agreed to.

Schedule 2 agreed to.

Clauses 1 and 2