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FAMILY LAW AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of the amendments moved by Senator Harradine (see Journals pp. 339-340)-

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 18

Senators- Archer Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Harradine Jessop Kilgariff Lajovic Lewis Messner Reid (Teller) Teague Townley Walters

NOES, 29

Senators- Baume Bolkus Childs Chipp Coates Coleman Colston Crowley Evans, Gareth Evans, Jack Gietzelt Grimes Haines Hamer Jones McClelland Macklin Maguire Martin Mason Missen Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Walsh Withers Zakharov

Amendments negatived accordingly.

Consideration resumed of postponed proposed new clause 16A (Senator Missen's amendment), viz: Page 12, after clause 16, insert the following new clause:

Principles to be applied by courts ''16A. Section 43 of the Principal Act is amended by the insertion after paragraph (d) of the following paragraph:

(e) the need for the Court and legal practitioners to emphasize the facilities provided by the Act and regulations for the resolution of proceedings by conciliation.''.

Amendment, by leave, withdrawn.

Senator Missen, by leave, moved the following amendment, viz:

Page 12, after clause 16, insert the following new clause: ''16A. After section 43 of the Principal Act the following section is inserted: '43A. The Family Court and any other court exercising jurisdiction under this Act, and any legal practitioner acting in proceedings under this Act or consulted by a person who is considering instituting proceedings under this Act, shall have regard to the need to direct the attention of parties to such proceedings and persons considering such proceedings to-

(a) the facilities provided by courts exercising jurisdiction under this Act for counselling to assist parties to marriages and children of marriages to adjust to the consequences of marital breakdown; and

(b) the procedures available for the resolution by conciliation of matters arising in the proceedings.'.''.

Debate ensued.

Senator Missen, by leave, amended his amendment to read as follows:

Page 7, after clause 6, insert the following new clause: ''6A. After section 16 of the Principal Act the following section is inserted: '16A. The Family Court and any other court exercising jurisdiction under this Act, and any legal practitioner acting in proceedings under this Act or consulted by a person who is considering instituting proceedings under this Act, shall have regard to the need to direct the attention of parties to such proceedings and persons considering such proceedings to-

(a) the facilities provided by courts exercising jurisdiction under this Act for counselling to assist parties to marriages and children of marriages to adjust to the consequences of marital breakdown; and

(b) the procedures available for the resolution by conciliation of matters arising in the proceedings.'.''.

Debate continued.

Question-That proposed new clause 6A be inserted in the Bill-put and passed.

Consideration resumed of postponed clause 25, as amended.

On the motion of Senator Walters the following amendment was debated and agreed to:

Page 17, proposed new sub-paragraphs 64 (1) (ba) (iv) and (v), lines 1 to 5, leave out the proposed sub-paragraphs, insert the following sub-paragraphs:

''(iv) the attitude to the child, and to the responsibilities and duties of parenthood, demonstrated by each parent of the child;

(v) the capacity of each parent, or of any other person, to provide adequately for the needs of the child, including the emotional and intellectual needs of the child;

(vi) any other fact or circumstance (including the education and upbringing of the child) that, in the opinion of the court, the welfare of the child requires to be taken into account; and''.

Clause 25, as amended, agreed to.

Title agreed to.

Bill to be reported with amendments.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of the Attorney-General (Senator Gareth Evans) the Report from the Committee was adopted, and the Bill read a third time.