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FAMILY LAW REFORM BILL 1994 [NO. 2]
FAMILY LAW REFORM (CONSEQUENTIAL AMENDMENTS) BILL 1995

Order of the day read for the adjourned debate on the motions of the

Ministers for the Environment, Sport and Territories (Senator Faulkner)

and for Family Services (Senator Crowley)--That these bills be now read

a second time.

Debate resumed.

Question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the

bills.

In the committee

Explanatory memoranda: The Minister for Immigration and Ethnic Affairs

(Senator Bolkus) tabled supplementary explanatory memoranda [2] and

further supplementary explanatory memoranda [2] relating to the

Government amendments to be moved to the bills.

FAMILY LAW REFORM BILL 1994 [NO. 2]--

Bill taken as a whole by leave.

On the motion of Senator Bolkus the following amendments, taken together

by leave, were agreed to:

Clause 4, page 2, after paragraph (c) insert the following paragraph:

"(ca) by omitting "New Zealand or any other' from the definition of

"prescribed overseas jurisdiction' in subsection (1) and

substituting "any';".

Clause 4, page 3, paragraph (g), proposed definition of "has", lines 30

and 31, omit "special purpose order", substitute "specific issues

order".

Clause 4, page 3, paragraph (g), proposed definition of "made in

favour", line 33, omit "special purpose order", substitute "specific

issues order".

Clause 4, page 3, paragraph (g), proposed definition of "special purpose

order", lines 37 and 38, omit the definition, substitute the following

definition:

" "specific issues order' has the meaning given by subsection 64B(6);".

Clause 7, page 8, proposed paragraph 14(a), lines 4 to 7, omit the

paragraph, substitute the following paragraph:

"(a) to encourage people to use primary dispute resolution

mechanisms (such as counselling, mediation, arbitration or

other means of conciliation or reconciliation) to resolve

matters in which a court order might otherwise be made under

this Act, provided the mechanisms are appropriate in the

circumstances and proper procedures are followed; and".

Clause 23, page 14, lines 10 to 17, omit the clause.

Clause 26, page 15, at end of proposed Division 6, add the following

section:

Advertising in Family Court registries of counselling, mediation and

arbitration services

" "19Q.(1) Subject to the regulations (if any), a family and child

counsellor, or an approved counselling organisation, may advertise, at

a Registry of the Family Court, the counselling services the

counsellor or organisation provides.

"(2) Subject to the regulations (if any), a family and child mediator,

or an approved mediation organisation, may advertise, at a Registry of

the Family Court, the mediation services the mediator or organisation

provides.

"(3) Subject to the regulations (if any), an approved arbitrator may

advertise, at a Registry of the Family Court, the arbitration services

the arbitrator provides.".

Clause 27, page 15, paragraph (b), proposed paragraph 26B(1A)(c), line

31, omit "special purpose order", substitute "specific issues order".

Clause 28, page 16, paragraph (c), proposed paragraph 37A(2A)(c), line

12, omit "special purpose order", substitute "specific issues order".

Clause 31, page 18, proposed section 60C, Outline of Part, item 6,

second dot point, omit "special purpose orders", substitute "specific

issues orders".

Clause 31, page 21, proposed subsection 60D(1), definition of "has",

lines 24 and 25, omit "special purpose order", substitute "specific

issues order".

Clause 31, page 21, proposed subsection 60D(1), definition of "made in

favour", lines 28 and 29, omit "special purpose order", substitute

"specific issues order".

Clause 31, page 22, proposed subsection 60D(1), definition of "special

purpose order", line 37, omit the definition, substitute the following

definition:

" "specific issues order' has the meaning given by subsection 64B(6);".

Clause 31, page 23, proposed subparagraph 60D(2)(c)(i), line 12, omit

"special purpose order", substitute "specific issues order".

Clause 31, page 25, proposed section 60G, lines 1 to 5, omit the

section, substitute the following section:

Family Court may grant leave for adoption proceedings by prescribed

adopting parent

" "60G.(1) Subject to subsection (2), the Family Court, the Supreme

Court of the Northern Territory or the Family Court of a State may

grant leave for proceedings to be commenced for the adoption of a

child by a prescribed adopting parent.

"(2) In proceedings for leave under subsection (1), the court must

consider whether granting leave would be in the child's best

interests, having regard to the effect of paragraph 60F(4)(a) and of

sections 61E and 65HA.

Note: Division 10 deals with how a court determines a child's best

interests.".

Clause 31, page 26, at end of proposed Division 2, add the following

section:

Effect of adoption on parental responsibility

" "61E.(1) This section applies if:

(a) a child is adopted; and

(b) immediately before the adoption, a person had parental

responsibility for the child, whether in full or to a limited

extent and whether because of section 61C or because of a

parenting order.

"(2) The person's parental responsibility for the child ends on the

adoption of the child, unless the adoption is by a prescribed adopting

parent and leave was not granted under section 60G for the adoption

proceedings to be commenced.".

Clause 31, page 30, after proposed section 63C insert the following

section:

Parenting plan may not be varied, but may be revoked, by further

agreement

" "63CA.(1) An agreement, in whatever form and however expressed, is

not effective to vary a parenting plan for the purposes of this Act.

An agreement purporting to vary a parenting plan cannot be registered

under section 63D.

"(2) Subject to subsection (3), a parenting plan may be revoked by

agreement in writing between the parties to the plan.

"(3) An agreement revoking a registered parenting plan:

(a) may, subject to the Rules of Court, be registered under section

63D as if it were a parenting plan; and

(b) does not have effect to revoke the plan until it is so

registered.".

Clause 31, page 31, proposed paragraph 63E(3)(c), line 10, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 31, proposed subsection 63E(3), note, paragraph (a),

line 14, omit "special purpose orders", substitute "specific issues

orders".

Clause 31, page 31, proposed subsection 63E(3), note, paragraph (c),

lines 17 and 18, omit the paragraph, substitute the following

paragraphs:

"(c) subsection 65D(2) (providing for discharge, variation,

suspension and revival of parenting orders other than child

maintenance orders); and

(d) other provisions of this Act (including subsections 64B(7) and

(8)) that refer to parenting orders, or to residence orders,

contact orders or specific issues orders.".

Clause 31, page 31, after proposed subsection 63E(3) insert the

following subsection:

" "(3A) If provisions of the plan have effect under subsection (3) as

a court order, a person who is a party to the plan is taken (for

example, for the purposes of section 65ZB) to be a party to the

proceedings in which the order was made.".

Clause 31, page 31, proposed subsection 63F(2), note, paragraph (b),

line 42, omit the paragraph, substitute the following paragraphs:

"(b) section 66S (providing for discharge, variation, suspension and

revival of child maintenance orders); and

(c) other provisions of this Act that refer to parenting orders, or

to child maintenance orders.".

Clause 31, page 32, proposed subsection 63G(1), line 25, omit ", and

only if,".

Clause 31, page 32, proposed subsection 63G(2), line 31, after "under"

insert "subsection (1), to the extent that they are proceedings on the

ground mentioned in".

Clause 31, page 32, at end of proposed section 63G, add the following

subsections:

" "(3) Other provisions of this Act under which provisions of the

parenting plan may be set aside or otherwise affected are:

(a) subsection 63E(2)--under that subsection a court may vary child

welfare provisions in the plan; and

(b) subsection 65D(2)--under that subsection a court may make a

parenting order that discharges, varies, suspends or revives

provisions of the plan that have effect as if they were a

parenting order (other than a child maintenance order); and

(c) section 66S--under that section a court may discharge, vary,

suspend or revive provisions of the plan that have effect as if

they were a child maintenance order.

"(4) Except as permitted by subsection (1) or by a provision mentioned

in subsection (3), a court must not set aside, discharge, vary,

suspend or revive the whole or a part of the parenting plan.".

Clause 31, page 34, proposed paragraph 65A(b), line 8, omit "special

purpose orders", substitute "specific issues orders".

Clause 31, page 34, at end of proposed section 65D, add the following

subsection:

" "(2) Without limiting the generality of subsection (1) and subject

to this Division, a court may make a parenting order that discharges,

varies, suspends or revives some or all of an earlier parenting

order.".

Clause 31, page 34, proposed section 65E, line 30, omit "(other than an

order by consent)".

Clause 31, page 35, proposed paragraph 65F(2)(b), line 6, omit "a",

substitute "the".

Clause 31, page 35, proposed paragraph 65F(2)(b), line 7, after

"circumstance" insert "(such as family violence)".

Clause 31, page 35, proposed subparagraph 65G(1)(a)(ii), line 21, omit

"special purpose order", substitute "specific issues order".

Clause 31, page 36, after proposed section 65H insert the following

section:

Effect of adoption on parenting order

" "65HA.(1) This section applies if:

(a) a child is adopted; and

(b) immediately before the adoption, a parenting order was in force

in relation to the child.

"(2) The parenting order stops being in force on the adoption of the

child, unless the adoption is by a prescribed adopting parent and

leave was not granted under section 60G for the adoption proceedings

to be commenced.".

Clause 31, page 37, proposed subsection 65K(2), line 6, omit "(other

than an order by consent)".

Clause 31, page 37, proposed Subdivision C, heading, line 10, omit

"special purpose orders", substitute "specific issues orders".

Clause 31, page 37, proposed subsection 65T(1), line 29, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 41, proposed subsection 65ZA(1), definition of "care

order", line 3, omit "special purpose order", substitute "specific

issues order".

Clause 31, page 52, proposed subsection 66S(1), lines 5 to 12, omit the

subsection, substitute the following subsection:

" "66S.(1) This section applies if:

(a) there is in force an order (the "first order"), for the

maintenance of a child (whether or not made under this Act and

whether made before or after the commencement of this section):

(i) made by a court; or

(ii) registered in a court under the Rules of Court; and

(b) a person (being someone who could apply for a child maintenance

order in relation to the child) applies to the court for an

order under this section in relation to the first order.".

Clause 31, page 52, after proposed subparagraph 66S(3)(a)(ii) insert the

following subparagraph:

"(iia) the circumstances of the person entitled to receive payments

under the order have changed so as to justify the variation;

or".

Clause 31, page 58, proposed paragraph 67K(c), line 24, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 58, proposed section 67L, line 32, omit "(other than an

order by consent)".

Clause 31, page 60, proposed subsection 67N(8), line 14, after "the

child concerned" insert ", to a parent of the child, or to another

person with whom the child lives,".

Clause 31, page 61, proposed subparagraph 67Q(a)(iii), line 10, omit

"special purpose order", substitute "specific issues order".

Clause 31, page 61, proposed subparagraph 67Q(d)(iii), line 25, omit

"special purpose order", substitute "specific issues order".

Clause 31, page 62, proposed paragraph 67T(c), line 28, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 63, proposed section 67V, line 4, omit "(other than an

order by consent)".

Clause 31, page 66, proposed subsection 67ZC(2), lines 1 and 2, omit

"(other than an order by consent)".

Clause 31, page 66, proposed subparagraph 68B(1)(b)(iii), line 25, omit

"special purpose order", substitute "specific issues order".

Clause 31, page 67, proposed paragraph 68C(1)(b), line 10, after

"protected person" insert "or by harassing or molesting that person".

Clause 31, page 67, after proposed subsection 68C(1) insert the

following subsection:

" "(1A) For the purposes of subsection (1), an injunction granted

under section 68B is an injunction for the personal protection of a

person if, and only if, it is expressed to be for the personal

protection of the person.".

Clause 31, page 67, proposed subsection 68E(1), line 30, omit

"Division", substitute "Subdivision".

Clause 31, page 67, proposed subsection 68E(2), lines 32 and 33, omit

the subsection, substitute the following subsection:

" "(2) This Subdivision also applies to proceedings, in relation to a

child, to which subsection 60G(2), 63E(2) or 63E(5) or section 68T

applies.".

Clause 31, page 67, proposed subsection 68F(1), line 35, omit "In",

substitute "Subject to subsection (3), in".

Clause 31, page 68, proposed paragraph 68F(2)(e), line 14, after

"background" insert "(including any need to maintain a connection with

the lifestyle, culture and traditions of Aboriginal peoples or Torres

Strait Islanders)".

Clause 31, page 68, proposed subparagraph 68F(2)(f)(ii), lines 20 and

21, omit the subparagraph, substitute the following subparagraph:

"(ii) being directly or indirectly exposed to abuse, ill-treatment,

violence or other behaviour that is directed towards, or may

affect, another person;".

Clause 31, page 70, proposed paragraph 68M(3)(c), line 14, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 70, proposed section 68N, note, paragraph (b), line 23,

after "paragraphs" insert "65F(2)(b) and".

Clause 31, page 70, proposed section 68P, definition of "Division 11

contact order", subparagraph (b)(i), line 32, omit "special purpose

order", substitute "specific issues order".

Clause 31, page 71, proposed section 68P, definition of "section 68R

contact order", subparagraph (b)(i), line 6, omit "special purpose

order", substitute "specific issues order".

Clause 31, page 75, after proposed paragraph 69C(2)(b) insert the

following paragraph:

"(ba) a grandparent of the child; or".

Clause 31, page 75, proposed subsection 69D(1), line 30, omit "in the

authority's or person's discretion, proceedings for a child maintenance

order on behalf of the child", substitute "on behalf of a child, in the

authority's or person's discretion, proceedings with respect to the

maintenance of the child".

Clause 31, pages 79 and 80, proposed Subdivision D, line 1 (page 79) to

line 19 (page 80), omit the Subdivision, substitute the following

Subdivision:

" "Subdivision D--Presumptions of parentage

Presumptions of parentage arising from marriage

"69P.(1) If a child is born to a woman while she is married, the child

is presumed to be a child of the woman and her husband.

"(2) If:

(a) at a particular time:

(i) a marriage to which a woman is a party is ended by death; or

(ii) a purported marriage to which a woman is a party is

annulled; and

(b) a child is born to the woman within 44 weeks after that time;

the child is presumed to be a child of the woman and the husband or

purported husband.

"(3) If:

(a) the parties to a marriage separated at any time; and

(b) after the separation, they resumed cohabitation on one occasion;

and

(c) within 3 months after the resumption of cohabitation, they

separated again and lived separately and apart; and

(d) a child is born to the woman within 44 weeks after the end of

the cohabitation, but after the dissolution of the marriage;

the child is presumed to be a child of the woman and the husband.

Presumption of paternity arising from cohabitation

"69Q. If:

(a) a child is born to a woman; and

(b) at any time during the period beginning not earlier than 44

weeks and ending not less than 20 weeks before the birth, the

woman cohabited with a man to whom she was not married;

the child is presumed to be a child of the man.

Presumption of parentage arising from registration of birth

"69R. If a person's name is entered as a parent of a child in a

register of births or parentage information kept under a law of the

Commonwealth or of a State, Territory or prescribed overseas

jurisdiction, the person is presumed to be a parent of the child.

Presumptions of parentage arising from findings of courts

"69S.(1) If:

(a) during the lifetime of a particular person, a prescribed court

has:

(i) found expressly that the person is a parent of a particular

child; or

(ii) made a finding that it could not have made unless the

person was a parent of a particular child; and

(b) the finding has not been altered, set aside or reversed;

the person is conclusively presumed to be a parent of the child.

"(2) If:

(a) after the death of a particular person, a prescribed court has:

(i) found expressly that the person was a parent of a particular

child; or

(ii) made a finding that it could not have made unless the

person was a parent of a particular child; and

(b) the finding has not been altered, set aside or reversed;

the person is presumed to have been a parent of the child.

"(3) In this section:

"prescribed court" means a federal court, a court of a State or

Territory or a court of a prescribed overseas jurisdiction.

Presumption of paternity arising from acknowledgments

"69T. If:

(a) under the law of the Commonwealth or of a State, Territory or

prescribed overseas jurisdiction, a man has executed an

instrument acknowledging that he is the father of a specified

child; and

(b) the instrument has not been annulled or otherwise set aside;

the man is presumed to be the father of the child.

Rebuttal of presumptions etc.

"69U.(1) A presumption arising under this Subdivision is rebuttable by

proof on a balance of probabilities.

"(2) Where:

(a) 2 or more presumptions arising under this Subdivision are

relevant in any proceeding; and

(b) those presumptions, or some of those presumptions, conflict with

each other and are not rebutted in the proceedings;

the presumption that appears to the court to be the more or most likely

to be correct prevails.

"(3) This section does not apply to a presumption arising under

subsection 69S(1).".

Clause 31, page 82, proposed paragraph 69ZA(2)(c), line 5, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 82, proposed paragraph 69ZB(1)(c), line 17, omit

"special purpose order", substitute "specific issues order".

Clause 31, page 83, at end of proposed Subdivision E, add the following

section:

Parentage testing for purposes of international maintenance agreements

" "69ZDA. For the purpose of the carrying out of any of Australia's

obligations under:

(a) an arrangement with a reciprocating jurisdiction, or with a

jurisdiction with restricted reciprocity, within the meaning of

section 110; or

(b) the Convention referred to in section 111;

the regulations may make provision:

(c) conferring jurisdiction on a court to make an order requiring a

parentage testing procedure to be carried out at the request of:

(i) a court or authority in a foreign country; or

(ii) the Secretary to the Department, or a person authorised by

the Secretary; or

(d) for the carrying out of a parentage testing procedure, and the

preparation of a report in relation to the information obtained

as a result of the carrying out of the procedure; or

(e) for the admissibility in legal proceedings of a report, in

relation to the information obtained as a result of the carrying

out of a parentage testing procedure, received from an authority

in a foreign country;

whether or not there is any express provision in the relevant

arrangement or in the Convention authorising the carrying out of a

parentage testing procedure.".

Clause 31, page 87, proposed section 70F, definition of "care order",

line 8, omit "special purpose order", substitute "specific issues

order".

Clause 31, page 89, proposed paragraph 70M(1)(a), line 35, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 90, proposed section 70N, line 16, omit "special purpose

order", substitute "specific issues order".

Clause 31, pages 90 and 91, proposed section 70Q, line 23 (page 90) to

line 2 (page 91), omit the section.

Clause 32, page 92, proposed paragraph 79A(1AA)(c), line 2, omit

"special purpose order", substitute "specific issues order".

Clause 35, page 92, proposed subparagraph 91(1)(b)(i), line 16, omit

"special purpose order", substitute "specific issues order".

Clause 37, page 92, proposed paragraph 92A(2)(bb), line 27, omit

"special purpose order", substitute "specific issues order".

Clause 42, page 93, paragraph (b), proposed paragraph 111B(4)(c), line

35, omit "special purpose order", substitute "specific issues order".

Clause 42, page 94, proposed subsection 111B(4), note, lines 3 and 4,

omit "special purpose orders", substitute "specific issues orders".

Clause 45, page 95, proposed paragraph 112AB(2)(c), line 6, omit

"special purpose order", substitute "specific issues order".

Clause 46, page 95, paragraph (b), proposed subsection 112AC(5), line

36, omit "special purpose order", substitute "specific issues order".

Clause 47, page 96, before paragraph (a) insert the following

paragraphs:

"(aa) by inserting in subsection (1) "other than a residence order,

a contact order or a specific issues order,' after " order

under this Act,';

(ab) by inserting after subsection (1) the following subsection:

"(1A) If:

(a) a court with jurisdiction under this Act is satisfied that

a person has contravened a residence order, a contact

order or a specific issues order; and

(b) the person does not prove on the balance of probabilities

that he or she had a reasonable excuse for contravening

the order;

the court may, subject to subsection (5), by order, take any

action specified in subsection (2) that the court thinks

appropriate.';".

Schedule 2, page 101, paragraph 2(1)(b), omit "special purpose order",

substitute "specific issues order".

Schedule 2, page 101, paragraph 2(4)(b), omit "special purpose order",

substitute "specific issues order".

Schedule 2, page 103, after clause 6 insert the following clause:

Continued application of Division 7 of Part VII

"6A. Division 7 of Part VII of the old Act continues to have effect in

relation to proceedings that were begun before the Part VII

commencement as if the amendments of the old Act made by this Act had

not been made.".

Schedule 2, page 103, subclause 7(1), omit "6", substitute "6A".

Schedule 2, clause 7, Table, page 105, omit:

"" Section 66P Section 69P

Section 66Q Section 69Q

Section 66R Section 69R

Section 66S Section 69S

Section 66T Section 69T

Subsection 66U(1) Section 69V

Subsection 66U(2) Section 69U

",

substitute:

Sections 66P to 66U (dealt with in clause 6A)

".

On the motion of Senator Bolkus the following amendment was debated and

agreed to:

Clause 31, page 17, proposed paragraph 60B(2)(b), line 29, after

"development" insert ", except if it is contrary to the children's best

interests".

On the motion of Senator Bolkus the following amendments, taken together

by leave, were agreed to:

Clause 31, page 33, proposed subsection 64B(6), lines 15 and 16, omit

"special purpose order. A special purpose order", substitute "specific

issues order. A specific issues order".

Clause 31, page 33, proposed paragraph 64B(7)(c), line 26, omit "special

purpose order", substitute "specific issues order".

Clause 31, page 33, proposed paragraph 64B(8)(c), lines 35 and 36, omit

"special purpose order in relation to a child if a special purpose

order", substitute "specific issues order in relation to a child if a

specific issues order".

On the motion of Senator Bolkus the following amendments, taken together

by leave, were debated and agreed to:

Clause 31, page 68, at end of proposed section 68F, add the following

subsections:

" "(3) If the court is considering whether to make an order with the

consent of all the parties to the proceedings, the court may, but is

not required to, have regard to all or any of the matters set out in

subsection (2).

"(4) In paragraph (2)(e):

"Aboriginal peoples" means the peoples of the Aboriginal race of

Australia;

"Torres Strait Islanders" means the descendants of the indigenous

inhabitants of the Torres Strait Islands.".

Clause 31, page 69, proposed section 68K, lines 14 to 23, omit the

section, substitute the following section:

Court to consider risk of family violence

" "68K.(1) In considering what order to make, the court must, to the

extent that it is possible to do so consistently with the child's best

interests being the paramount consideration, ensure that the order:

(a) is consistent with any family violence order; and

(b) does not expose a person to an unacceptable risk of family

violence.

"(2) For the purposes of paragraph (1)(b) the court may include in the

order any safeguards that it considers necessary for the safety of

those affected by the order.".

Senator Spindler moved the following amendments together by leave:

Clause 7, page 8, at end of proposed section 14, add the following word

and paragraph:

"; and (c) to ensure that the court, lawyers, counsellors, mediators,

arbitrators and others are sensitive to factors relevant to

the selection and utilisation of primary dispute resolution

options.".

Clause 7, page 11, at end of proposed section 14F, add the following

subsection:

" "(2) For the purposes of any consideration under subsection (1), the

court must take the following matters into account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Clause 7, page 11, at end of proposed section 14G, add the following

subsection:

" "(2) For the purposes of any consideration under subsection (1), the

legal practitioner must take the following matters into account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Clause 9, page 11, at end of proposed section 16A, add the following

subsection:

" "(3) For the purposes of any consideration under subsection (1), the

court must take the following matters into account in considering what

is in the interests of the parties or their children:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Clause 9, page 12, at end of proposed section 16B, add the following

subsection:

" "(3) For the purposes of any consideration or advice under

subsection (1) the court must take the following matters into account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Clause 9, page 12, at end of proposed section 16C, add the following

subsection:

" "(4) For the purposes of any consideration to be made under

subsection (2) or (3), a court or legal practitioner, as the case may

be, must take the following matters into account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Clause 17, page 13, at end of proposed section 19BA, add the following

subsection:

" "(3) For the purposes of any consideration to be made under

subsection (1), the court must take the following matters into

account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Senator Spindler moved the following amendment:

Clause 25, page 14, line 24, after "child mediator" add "(other than a

private mediator)".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Senator Spindler moved the following amendment:

Clause 26, page 15, proposed subsection 19N(2), line 9, after

"admissible" insert "except for the purposes of proving negligence,

professionalmisconduct or unlawful behaviour by such a person".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Senator Spindler moved the following amendments together by leave:

Clause 31, page 27, at end of proposed section 62B, add the following

subsection:

" "(4) For the purposes of any consideration under subsection (2) or

(3), the court or the legal practitioner, as the case may be, must

take the following matters into account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Clause 31, page 27, at end of proposed section 62C, add the following

subsection:

" "(3) For the purposes of arranging an interview under subsection (2)

the person making the arrangement must, as far as possible, take the

following matters into account:

(a) the degree of equality (or otherwise) in bargaining power of the

parties;

(b) the risk of child abuse (if any);

(c) the risk of family violence (if any);

(d) the emotional and psychological state of the parties;

(e) whether one of the parties may be seeking to use a primary

dispute resolution method to delay proceedings or for some other

advantage;

(f) any other relevant matter.".

Question--That the amendments be agreed to--put and negatived.

Senator Vanstone moved the following amendment:

Clause 31, page 30, proposed section 63D, lines 31 to 35, omit the

section, substitute the following section:

Registration in a court

" "63D.(1) A parenting plan may be registered in a court having

jurisdiction under this Part if:

(a) it is signed by the parties; and

(b) the copy of the plan submitted for registration is accompanied

by a statement, in relation to each party, that is to the effect

that the party has been provided with independent legal advice

as to the meaning and effect of the plan and that is signed by

the legal practitioner who provided that advice; and

(c) the court is satisfied that the arrangements set out in the plan

are likely to promote the best interests of the child.

"(2) In determining whether the arrangements set out in the plan are

likely to promote the best interests of the child, the court may, but

is not required to, have regard to all or any of the matters set out

in subsection 68F(2).

"(3) The Rules of Court may deal with how the plan may be registered

in a court.".

Debate ensued.

At 12.45 p.m.: The Acting Deputy President (Senator Colston) resumed the

Chair and the Temporary Chairman of Committees (Senator Teague) reported

progress.