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Tuesday, 15 October 1996
Page: 5411


Ms GAMBARO —My question is addressed to the Attorney-General and Minister for Justice. Is the minister aware of criticisms made by the Chief Justice of the Family Court that the government's plans to revamp family law and family services could literally tear the heart out of the court? Will the minister advise whether these claims are correct?


Mr WILLIAMS —I thank the member for Petrie for her question and her interest in the subject. I am aware of the comments reportedly made by the Chief Justice of the Family Court about the role of the court's counselling and mediation services. I think it is a matter of regret that the comments were made, first, because what the Chief Justice is responding to was not a government proposal but some alarmist media reports about what the government was thought to be doing and, secondly, because they were made before the government's proposals were revealed.

I outlined in an address to the National Press Club at lunchtime today that I am keen to maximise access to primary dispute resolution mechanisms such as mediation and counselling and to ensure that those are provided in the most efficient and effective way. They offer people a less expensive, less traumatic way of resolving family disputes. They are better than litigation in that respect. It would make disputes within the family context less adversarial and less confrontational if people could deal with them outside the court environment in the community.

However, I should add that no government decision has been made on the best mix of court and community sector services, nor will any such decision be made without full consultation with all of the interested parties. I commenced that consultative process today by canvassing the issue at the National Press Club.

I want to be in a position to look at the whole range of services and to see whether they are the right mix and at the right location to meet the needs of the community. There has been no final decision about the outcome of such an examination. It may, for example, still be appropriate to maintain a counselling service on court premises to enable easy access by clients who are engaged in litigation or who approach the court in the first instance. The court could also refer people in those situations to community organisations, as I understand it already does.

I welcome and applaud the commitment to primary dispute resolution that has been demonstrated by the Family Court in the past. I look forward to the court's cooperation in ensuring that these services are made available to the Australian community in the most efficient, effective and accessible way possible. I believe that what I have proposed today at the National Press Club is consistent with the coalition's election commitment to provide support to strengthen families.


Mr Howard —Mr Speaker, I ask that further questions be placed on the Notice Paper .