Overview

The Family Law (Risk Screening Tool) Determination 2020 was enacted to address a specific gap in the family law system by providing a standardised risk screening tool for domestic violence and child abuse cases. This determination, made under the authority of subsection 10T(3) of the Family Law Act 1975, was introduced in response to the Family Law Amendment (Risk Screening Protections) Act 2020. The enactment of this determination by David Pringle, the Chief Executive Officer and Principal Registrar of the Family Court of Australia, aims to ensure consistent and effective risk screening for domestic violence and child abuse in family law matters, thereby protecting vulnerable parties in these proceedings. The Family Doors Triage tool is specified as the designated risk screening tool for use under this determination. The determination was made to provide a clear and consistent approach to risk screening in family law matters, ensuring that all parties involved are protected and that the family law system can effectively identify and respond to risks of domestic violence and child abuse. The instrument commenced immediately after the commencement of Schedule 1, Part 1 of the Family Law Amendment (Risk Screening Protections) Act 2020, demonstrating a swift legislative response to an identified need within the family law framework. This legislative initiative underscores the commitment to safeguarding individuals within family law proceedings, particularly in cases involving potential harm.

Scope and Application

The Family Law (Risk Screening Tool) Determination 2020 applies to all proceedings and applications within the jurisdiction of the Family Court of Australia, impacting both individuals and entities involved in family law matters. It specifically mandates the use of the Family Doors Triage as the risk screening tool for assessing potential risks of family violence and child abuse. This determination is made under the authority of the Family Law Act 1975, thereby extending its reach across the Commonwealth of Australia. It applies to all family law matters, including divorce, parenting arrangements, and other related applications. There are no exclusions or exemptions specified within the text of the determination itself, but it is noted that further regulations or amendments may extend or restrict its application. This instrument, once commenced, is designed to enhance the safety and wellbeing of individuals involved in family law proceedings by ensuring that potential risks are identified and appropriately managed.

Key Provisions

The Family Law (Risk Screening Tool) Determination 2020I primarily introduces the use of a specific risk screening tool within family law proceedings in Australia. Section 4 of the determination identifies the risk screening tool as "Family Doors Triage." This tool is intended to assist in the identification and management of risks associated with family law cases, particularly those involving potential harm or violence. The instrument comes into effect immediately following the commencement of Schedule 1, Part 1 of the Family Law Amendment (Risk Screening Protections) Act 2020, as specified in Section 2. This timing ensures that the implementation of the risk screening tool aligns with broader legislative changes aimed at enhancing the safety and welfare of individuals involved in family law matters. Under the determination, parties or entities governed by the Family Law Act 1975, including the Family Court of Australia, are mandated to utilise the Family Doors Triage tool in their risk assessment processes. This requirement is critical to ensure that any potential risks, such as domestic violence or child abuse, are appropriately identified and managed. By incorporating this tool, the legislation aims to provide a more structured and systematic approach to risk assessment, thereby enhancing the protection of vulnerable individuals within family law proceedings. The obligations extend to ensuring that all relevant personnel are adequately trained in using the tool, and that the outcomes of the risk assessments are appropriately integrated into case management strategies. Breaches of the requirements set out in the Family Law (Risk Screening Tool) Determination 2020I may lead to various legal consequences. While the determination itself does not explicitly detail specific offences or penalties, non-compliance with the Family Law Act 1975 or associated regulations can result in civil or criminal liability. For instance, failure to appropriately identify and manage risks could lead to allegations of negligence or misconduct, potentially resulting in disciplinary actions against legal practitioners or court officials. Additionally, if the non-compliance results in harm to an individual, it could also lead to criminal charges, depending on the severity and intent behind the breach. The maximum penalties for such offences would be determined by the specific laws under which they are prosecuted, which may include fines, imprisonment, or both, depending on the jurisdiction and the nature of the offence.