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Wednesday, 14 September 2005
Page: 182


Mr TOLLNER (11:36 AM) —I rise to speak today on the report of the Standing Committee on Legal and Constitutional Affairs on the exposure draft of the Family Law Amendment (Shared Parental Responsibility) Bill. There is probably nothing more divisive and time consuming for people than marriage breakdown. A stream of people are constantly coming into my office with concerns about family law, child custody arrangements, the Child Support Agency and a range of related areas. It is probably the most talked about affair in my office, and I do not believe that my office is any different from that of other members in Australia.

When I first got elected I was invited to turn up and say a couple of words at a Child Support Agency forum that was being held in Darwin. I had some speaking notes and was really looking forward to the opportunity to speak. I stood up and said a few words and somebody else got up and spoke. The forum was asked to discuss ideas. From there, it broke down into complete mayhem with chairs being thrown around. I was quite stunned.


Mr Slipper —You were stunned after a chair hit you?


Mr TOLLNER —I was quite stunned that people were carrying on in this way. Members will be aware of the tensions that are created with family breakdown. The committee as a whole worked very closely together and in a spirit of cooperation, although from looking at the report I understand that some people might not see this.


Mr Slipper —There was only one dissenter.


Mr TOLLNER —There was one dissenter. But the whole committee worked together and saw the benefits in taking such an approach because of the seriousness of the issue and the fact that we all wanted to produce the best outcome in the interests of the community, in the interests of parents and, most importantly, in the interests of children involved. The committee rightly, I believe, took the attitude that the first obligation and the underlying objective was always to consider the best interests of children involved in marital breakdown. It is a very difficult area for legislators to work in because of the diversity of circumstances that constantly pop up and because a one-size-fits-all approach cannot be taken.

However, I believe that the recommendations formulated by the committee address many of the current inadequacies in the legislation and, when implemented, will achieve what they are designed to achieve. The recommendation to more heavily scrutinise violence and sexual assault claims against former partners is, I believe, a positive move. There should always be some sort of presumption of innocence in the law and there have been circumstances in the past—and I do not think anybody denies this—where false claims have denied a parent the right to be involved in their child’s upbringing.

One of the recommendations—and I believe it is well overdue—is that of providing more out-of-court mechanisms for resolving disputes instead of engaging in the long and often costly court battles that can arise from marriage breakdown. This will also lead to less acrimonious and far less costly separations. The establishment of family relationship centres will be a very positive move, bringing and enhancing professional skills and knowledge to local communities where they sometimes have not existed. They will help to resolve parental disputes. I am very happy that the Attorney-General has seen fit to look at putting a family relationship centre in my electorate of Solomon, based in Darwin. I think that is a great move by the government, and I fully support that decision.


Mr Slipper —And you lobbied hard for it.


Mr TOLLNER —Most certainly. I particularly want to thank the committee for the way that they worked cooperatively together. I particularly want to thank the chairman for the excellent job that he did in making sure that everybody got their say and had input into how the report was formulated. I think the cooperative way the committee worked was a result of the chairman’s excellent management of the committee. I am very glad to commend the report to the House, and I very much look forward to the legislation arising from it in the future.