Senate Legal and Constitutional Affairs Legislation Committee [Part 2], , 4:07 to 16:03
Officers from the Federal Circuit and Family Court provide an opening statement on domestic violence and court reforms.
Topics: Family and domestic violence, Law reform
Speakers: David Pringle, Senator The Hon Michaelia Cash, Senator Jana Stewart, Unknown Speaker, Interjection
You ready to go? Thank you very much. I now call on officers from the Federal Circuit and Family Court Australia. Mr. Pringle, would you like to make an opening
>> Yes, Chair. Thank you. Uh I do have an opening statement. I'm conscious of time. Um the statement has been sent to the committee, so it's there in its full. uh if it's helpful I could read from the beginning of the statement and then perhaps summarize the other aspects to save time or I could recal statement
I mean I um for the assistance of time it' be great if you could table but if there are things you know that you that you want to be able to say out loud for the committee then I'm in your in your hands
>> um so today uh I wish to address you about the topic of family and sexual violence and the courts um uh on behalf of the Federal Circuit Family Court Division 1 and the Federal Circuit Family Court Division 2. Uh before I do begin, however, I would like to acknowledge the independent member for Indai, Dr. Helen Haines, MP, who was very seriously injured outside her electorate office on 19th October. On behalf of the Chief Justice, the judges of the courts, and all of our staff, I extend our deepest sympathies to Dr. pains, her family, her staff, and her community, and we wish her a speedy This shocking attack, which has no doubt been deeply felt by everyone in this house, is a confronting reminder of the risks faced by those who serve the public. The courts are deeply concerned by aggression and violence towards all public officials including judges, registars, court child experts and court staff who work every day with people who are experiencing some of the most difficult periods in their lives. Last financial year, the courts across our agency experienced 611 reported incidents, 224 of which can be classified as violent or aggressive and hundreds of others being of a serious As such, we strongly endorse the current increased focus on protecting all public I now turn to the issue of recent public commentary about the family law courts. The courts take seriously the experiences of families and victim survivors who rely on family courts on the family court system. The Chief Justice has made clear that the courts are always open to feedback and are always keen to improve how they operate. However, some recent commentary has presented an inaccurate and sometimes misleading picture of how the family courts operate today, providing at times incomplete versions of cases and seemingly drawing on criticisms of a bygone system that has since been substantially reformed. The courts engage openly with the media to support accurate and informed reporting. This includes offering journalists the opportunity to speak with the court's specialists in family and sexual violence and family law and where possible sharing relevant anonymized judgments so that individual cases can be understood in their full context. Despite these offers, some media outlets have declined these opportunities in favor of making broad assertions without all the relevant facts. As such, it is important for the committee and the public that I provide a brief and accurate account of how the courts now identify and respond to risk and how they keep children and at risk parents at the center of their Again, I've tabled um the statement, but I I think there are a few things I should briefly summarize. Our courts in family law receive over a 100,000 family law applications each The notice of risk data indicates that 84% of parenting matters uh involve allegations of family violence and 70% of matters involve four or more major risk factors including mental health factors and substance abuse. That's the context. There have been a lot of changes in recent times and that includes the legal framework. >> The family law act amendments in recent times have changed the definition of family violence and have uh ensured that the child's best uh interests of the child are at the center of everything the court has to consider. In addition to that, led by the Chief Justice, the courts have in recent years fundamentally changed the way we address consulting with specialist family and sexual violence legal services, sector stakeholders, and others. Uh we have implemented many reforms that includes the lighthouse program, the high-risk EV ever list, uh and uh many other reforms that ensure that we address family More than half of the court's judges are women and 79% of family law registars are women and they come from uh backgrounds of specialty including legal aid commissions uh and specialist practitioners including former independent children's lawyers. We also have social scientists, highly qualified social workers and psychologists who work hard to make sure that the voice of the child is heard in proceedings. Thousands of child impact reports are prepared by them every year which bring the children's experience uh views and uh safety needs before the court in those matters. We've also recently brought on a children's charter and kids corner which has principles which align with the United Nations Convention on the Rights of the Child, ensuring that the safety of the child is at the center of the court's considerations. In recent years, we've also had significantly enhanced training and that includes in coercive control, the safe and together model, First Nations cultural capability training, trauma-informed practice training and recently a program on sexual violence against adults and children. These changes that we are making extend to practical factors as well including uh uh upgrading safe rooms and court facilities. Uh ensuring that escorting arrangements for uh affected uh individuals are changed, duress alarms, CCTV footage and we're piloting uh We've also had recent innovations including a proactive safety at court pilot and these are important uh by looking at safety flagged matters. Uh we're able to initiate uh contact with people who may need support. Uh what that's led to is a four-fold increase in safety court plans in that pilot which ran across Paramea and CRA registries and a nine-fold increase in the Ever high list high-risk list matters um The efficiencies that we have undertaken are also very important. The longer the matters are in the court, the higher the risks can get. uh and the the backlog has been significantly reduced as has judicial dockets and now the median time to a matter finalizing is 8 months. We have a number of specialist lists including those for child abuse cases, critical incidents, international cases and various other uh uh lists such as the specialist indigenous lists. Conscious of time, I won't mention all of the rest of the reforms. Um it is important to note that the whole leadership of the court is focused on safety and we have dedicated roles and directorships that are focused on that including family violence directorships, access, equity and inclusion, indigenous policy operations and support and cultural language and diversity. So the courts operate now fundamentally differently to the way they did even 5 There are also rights of appeal and rights of review and a robust complaints system for people to use if they need to. That doesn't mean that there aren't that there isn't room for improvement. We're open-minded about that. However, commentary about our courts needs to be accurate and confidence in the family law judicial system is important as inaccurate or misleading commentary can run the risk that some parents will be dissuaded from bringing their cases to the courts, thereby resulting in at risk children and parties being left without the protective orders and support referrals that the courts can provide. So all that we ask is that when the media and other commentators critique the courts, which we welcome, that they do so based on evidence and facts, and that they avail themselves of the anonymized judgments and information that we offer to them so that their commentary can be fair, informed, and accurate. In terms of improvements, uh my tabled statement outlines a number of areas that the courts can improve in, including uh ensuring that lighthouse funding is ongoing and extending it to property cases and regional Australia, uh growing our indigenous family leaison officer team and a number of other important reforms including uh our education and Uh so I welcome any further kid. um questions from the committee um but uh thought those were important things to u list first. Thank you.
>> Thank you Mr. Pringle. We'll proceed to questions and begin with Senator Cash.
>> Uh thank you very much chair. Thank you Mr. Pringle for the opening statement. Uh I have a line of questioning in relation to the announcement by the government on the 23rd of July 2026 of the new Fair Work Court. Uh what was the exact date that the federal circuit and family court [snorts] which I will refer to as the court uh was first informed that the government would establish a new fair work court
>> 23 July
>> 2025
>> this year
>> oh this year uh so that sorry I'm a little confused there you the court itself was advised on the day of the announcement
>> correct
>> right who contacted the court
>> um the attorney general's office
>> the attorney general's office and was just a verbal notification.
>> That's right.
>> Okay. Um the chief justice himself, when was he notified of the announcement of a new court?
>> Uh also on the 23rd of July. Um shortly prior to the announcement made by the
>> Shortly prior. What does that mean?
Um I I couldn't tell you the exact timing, but it would it was very very
>> a few minutes beforehand.
>> Uh probably a matter of minutes,
so then on what dates prior to the 23rd of July 2026 uh were either the chief justice or the court and their officers asked for their views on whether a separate fair work court should be established.