Overview

The Family Law (Risk Screening Tool) Determination (No. 2) 2020 was enacted to address the need for a standardised risk screening tool within the family law system in Australia. This determination was made under the authority of subsection 10T(3) of the Family Law Act 1975 by David Pringle, the Chief Executive Officer and Principal Registrar of the Family Court of Australia. The primary objective of this legislation is to ensure that the Family Doors Triage system is used as the designated risk screening tool, thereby providing a uniform approach to identifying and managing risks associated with family law matters. This determination revokes the previous Family Law (Risk Screening Tool) Determination 2020, signifying a regulatory update to align with the recent amendments introduced by the Family Law Amendment (Risk Screening Protections) Act 2020. The enactment of this instrument aims to enhance the effectiveness and consistency of risk assessments in family law proceedings, thereby contributing to the overall protection and welfare of individuals involved in such cases.

Scope and Application

The Family Law (Risk Screening Tool) Determination (No. 2) 2020 applies to all parties and entities involved in proceedings under the Family Law Act 1975, specifically to the use of a risk screening tool within the Family Court of Australia. This determination is designed to ensure that the Family Doors Triage tool is utilised for assessing potential risks of family violence in family law matters, thereby enhancing the safety of individuals involved in family law disputes. The jurisdictional reach of this determination is national, as it operates within the federal legislative framework of Australia. It applies to all family law cases handled by the Family Court of Australia and does not distinguish between different states or territories within the country. The determination also revokes the previous Family Law (Risk Screening Tool) Determination 2020, indicating an update or refinement to the existing screening procedures. This legislative instrument ensures that the Family Court of Australia adheres to the risk screening requirements established by the Family Law Amendment (Risk Screening Protections) Act 2020, thereby integrating a systematic approach to risk assessment in family law matters.

Key Provisions

The main operative sections of the Family Law (Risk Screening Tool) Determination (No. 2) 2020 (subsections 1 to 5) establish the name, commencement date, authority, and the specific risk screening tool to be used. This determination, referred to as Family Doors Triage, is made under subsection 10T(3) of the Family Law Act 1975 and comes into effect immediately after the commencement of Schedule 1, Part 1 of the Family Law Amendment (Risk Screening Protections) Act 2020. Additionally, this determination revokes the previous Family Law (Risk Screening Tool) Determination 2020, ensuring that the latest tool is the one in use. The obligations and requirements imposed by this determination primarily involve the implementation and use of the Family Doors Triage risk screening tool within the family law proceedings. This tool is designed to assist in identifying potential risks associated with family law matters, ensuring that appropriate measures can be taken to protect the parties involved. The use of this tool is mandatory for all proceedings governed by the Family Law Act 1975, thereby standardising the approach to risk assessment across all cases. In terms of consequences for non-compliance or breach, the determination itself does not explicitly state offences or penalties. However, given that it is a notifiable instrument made under the Family Law Act 1975, failure to adhere to the requirements may result in legal consequences under the broader legislative framework. This could potentially include civil or criminal penalties as prescribed by other sections of the Act, although specific penalties are not detailed in this determination. Non-compliance with the risk screening process could lead to judicial review and potential sanctions for the parties involved, as the courts may scrutinise the adequacy of risk assessments in their decisions.