Prev   Next   Return to results list (1 results) Print ListEmail Document Link

Text of bill | Explanatory memoranda | Second reading speeches | Proposed amendments | Schedules of amendments | Bills Digest

Bills of the current Parliament

Although every effort is made to ensure the accuracy of bills homepages, the authoritative sources for verifying the progress of bills are the House of Representatives Votes and Proceedings and the Journals of the Senate.

Family Law Amendment Bill 2023

Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

Summary

Amends the: Family Law Act 1975 to: amend the parenting order framework by refining the list of ‘best interests’ factors, removing the presumption of equal shared parental responsibility and related equal time and substantial and significant time provision, and clarifying the circumstances in which a court can vary an existing parenting order; redraft provisions relating to compliance with, and enforcement of, parenting orders; amend definitions relating to the concept of ‘family’ to be more inclusive of Aboriginal and Torres Strait Islander culture and traditions; permit the appointment of independent children’s lawyers (ICLs) in matters brought under the Hague Convention and require ICLs to meet with a child and give them an opportunity to express a view; clarify restrictions on communicating identifiable information arising in family proceedings; and enable standards and requirements to be prescribed for professionals who prepare family reports; Child Support (Assessment) Act 1989 and Federal Circuit and Family Court of Australia Act 2021 to make consequential amendments; Federal Circuit and Family Court of Australia Act 2021 to: allow registrars of the Federal Circuit and Family Court of Australia (FCFCOA) to be delegated the power to impose a make-up time parent order in contravention proceedings; bring forward the review of the Act by 2 years; and provide that a judge of the Family Court of Western Australia can be dually appointed as a judge of Division 1 of the FCFCOA; and Family Law Act 1975 and Federal Circuit and Family Court of Australia Act 2021 to introduce ‘harmful proceedings orders’ and extend the ‘overarching purpose of family law practice and procedure’ and the accompanying duty to all proceedings instituted under the Family Law Act 1975.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 29/03/23  
Second reading moved 29/03/23  
Second reading debate 09/05/23  
Referred to Federation Chamber 09/05/23  
Second reading debate 10/05/23  
Reported from Federation Chamber 11/05/23  
Second reading agreed to 11/05/23  
Consideration in detail debate 11/05/23  
Third reading agreed to 11/05/23  
     
Senate
Introduced and read a first time 13/06/23  
Second reading moved 13/06/23  
Second reading debate 11/09/23  
Second reading debate 16/10/23  
Second reading debate 17/10/23  
Second reading agreed to 17/10/23  
Committee of the Whole debate 17/10/23  
Committee of the Whole debate 18/10/23  
Third reading agreed to 19/10/23 Amendment details: 48 Government agreed to
     
House of Representatives
Consideration of Senate message 19/10/23 Details: House agreed to Senate amendments
     
Finally passed both Houses 19/10/23  
Assent 06/11/23 Act no: 87 - Year: 2023
     

[Information on document types]

Text of bill

  • First reading

MS-Word PDF HTML
  • As passed by both Houses

MS-Word PDF HTML

Explanatory memoranda

  • Explanatory memorandum

MS-Word PDF HTML
  • Supplementary explanatory memorandum

MS-Word PDF HTML
  • Replacement supplementary explanatory memorandum

MS-Word PDF HTML
  • Addendum to explanatory memorandum

MS-Word PDF HTML

Second reading speeches


Proposed amendments

House of Representatives
  • Detail - Crossbench
LE, Dai, MP

 MS-Word PDF HTML
  • Detail - Crossbench
DANIEL, Zoe, MP

 MS-Word PDF HTML
  • Detail - Crossbench
STEGGALL, Zali, MP

 MS-Word PDF HTML
Senate
  • CW - Government [sheet ZC233]

 MS-Word PDF HTML
  • CW - Government [sheet RU122]

 MS-Word PDF HTML
  • CW - Independent [sheet 2100]
THORPE, Sen Lidia

 MS-Word PDF HTML
  • CW - Independent [sheet 2099]
THORPE, Sen Lidia

 MS-Word PDF HTML
  • CW - Independent [sheet 2074]
THORPE, Sen Lidia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2071]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2070]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2069]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2076]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2068]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2073]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2072]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2067]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Opposition [sheet 2066]
CASH, Sen Michaelia

 MS-Word PDF HTML
  • CW - Pauline Hanson's One Nation [sheet 2135]
HANSON, Sen Pauline

 MS-Word PDF HTML
  • CW - Pauline Hanson's One Nation [sheet 2132]
HANSON, Sen Pauline

 MS-Word PDF HTML
  • CW - Pauline Hanson's One Nation [sheet 2131]
HANSON, Sen Pauline

 MS-Word PDF HTML
  • CW - Pauline Hanson's One Nation [sheet 2123]
HANSON, Sen Pauline

 MS-Word PDF HTML

Schedules of amendments

  • Schedule of the amendments made by the Senate

MS-Word PDF HTML

Bills Digest



Notes
  • Considered by scrutiny committee (09/05/2023): Parliamentary Joint Committee on Human Rights; Report 5 of 2023
  • Considered by scrutiny committee (10/05/2023): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 8 of 2023
  • Referred to Committee (11/05/2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (24/08/2023)
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)