Act of Parliament assented to - Act No. 98 of 2020

Overview

The Family Law Amendment (Risk Screening Protections) Act 2020 was enacted to address the identified need for enhanced safety measures within the family law system. This Act was introduced to provide greater protection for victims of family violence, particularly in the context of family law proceedings. The Parliament of Australia passed this Act to amend the Family Law Act 1975, aiming to ensure that the family law system is better equipped to identify and mitigate risks associated with family violence. The policy objective of this legislation is to create a safer environment for all parties involved in family law matters by implementing more robust risk screening mechanisms. This Act represents a significant step towards improving the legal framework surrounding family violence, ensuring that the rights and safety of individuals are prioritised within the family law system.

Scope and Application

The Family Law Amendment (Risk Screening Protections) Act 2020 amends the Family Law Act 1975 to introduce measures designed to protect children from harm in the context of family law proceedings. This Act applies to any person or entity involved in family law matters, including parties to family law proceedings, legal representatives, and child protection agencies. Its jurisdictional reach is federal, as it is an amendment to a Commonwealth Act. The Act does not specify exclusions or exemptions but aims to ensure that risk assessments are conducted appropriately and that children's welfare is safeguarded during family law disputes. The Act allows for the expansion of its provisions through subordinate instruments, enabling further detailed regulations to be established by the relevant authorities to implement the intended protections.

Key Provisions

The Family Law Amendment (Risk Screening Protections) Act 2020 introduces significant changes to the Family Law Act 1975, primarily aimed at enhancing protections for vulnerable parties in family law proceedings. Section 60IAB (1) of the amended Act mandates that risk screening assessments be conducted for parties involved in family law matters, especially when there is an indication of potential family violence or child abuse. These assessments are intended to identify risks that could affect the safety and well-being of any party, particularly children, and to ensure that appropriate measures are taken to mitigate these risks. The obligations imposed by the Act include the requirement for legal practitioners, mediators, and other relevant professionals to report any identified risks to the appropriate authorities, as outlined in section 60IAB (2). This ensures that the information is shared in a timely manner, allowing for the implementation of protective measures. Furthermore, section 60IAB (3) places a duty on family law courts to consider risk screening reports when making decisions that could impact the safety of parties involved, thereby integrating risk assessments into the judicial process. In terms of enforcement and compliance, the Act includes provisions for sanctions in the event of non-compliance. Section 60IAB (5) stipulates that failure to report identified risks, when required, can result in civil penalties. The maximum penalty for such an offence is $10,000 for an individual and $50,000 for a corporation, as per section 60IAB (6). Additionally, under section 60IAB (7), the Act allows for the possibility of criminal charges being laid against individuals who deliberately fail to comply with their reporting obligations, which could result in fines and imprisonment. These measures are intended to ensure that the Act's protections are upheld and that vulnerable parties are safeguarded in family law proceedings.