The Family Law Amendment (Information Sharing) Act 2023 and the Family Law Amendment Act 2023 (Cth), which commenced on 6 May 2024, mark significant developments in Australian family law. Together, these reforms aim to improve child safety, reduce delay, and support more informed decision-making in parenting matters. They also seek to simplify parts of the legislative framework and improve consistency across the family law system.
Why reform was needed
Parenting proceedings often involve allegations of family violence, abuse, or neglect. Effective decision-making in these matters depends on timely access to reliable information. Historically, relevant information has been held across separate systems, including state child protection agencies, police, and courts. That separation has contributed to fragmented decision-making, delay, and inconsistent responses to risk.
In its 2019 report, the Australian Law Reform Commission identified deficiencies in communication and coordination across these systems. The reforms respond to those issues by strengthening information exchange and sharpening the focus on child safety within the best interests framework.
Family Law Amendment (Information Sharing) Act 2023
The Information Sharing Act establishes a framework to facilitate the exchange of relevant information between family law courts and external agencies. This can include information such as family violence orders, child protection records, and police material where it is relevant to the proceedings. The aim is to ensure decision-makers have access to information that may bear on risk, safety, and a child’s circumstances.
The Act also includes safeguards designed to limit use of information to legitimate purposes and to manage sensitivity and confidentiality. Effective implementation depends on secure systems, compatible processes, and clear protocols across agencies. Ongoing training and consistent practice will affect whether the reforms achieve their intended outcomes.
Family Law Amendment Act 2023 (Cth) commencing 6 May 2024
The broader amendments commencing on 6 May 2024 reshape parenting law and procedure. The reforms are directed to making the law easier to apply, reducing misunderstanding about “equal time”, and strengthening the emphasis on safety and practical arrangements.
Best interests of the child
The amendments streamline the best interests test. The court continues to apply the best interests principle as the central consideration, with increased clarity around safety and risk. The framework directs attention to the child’s safety, views, developmental and emotional needs, each parent’s capacity to meet those needs, the benefit of maintaining relationships where safe, and any other relevant circumstances. Where the child is an Aboriginal or Torres Strait Islander child, the court must also consider cultural connection considerations.
No presumption of equal shared parental responsibility
The presumption of equal shared parental responsibility has been repealed. The court no longer starts from an assumption of shared parental responsibility and is not required to consider equal time or substantial and significant time because of that presumption. The court now focuses on what arrangements, including decision-making responsibility, best meet the child’s best interests in the circumstances.
Decision-making on major long-term issues
The amendments clarify that parental responsibility does not automatically mean shared decision-making. The court can allocate decision-making to one parent, both parents, or otherwise, based on the child’s best interests. This aims to reduce conflict where shared decision-making is not workable or safe.
Independent children’s lawyers
The reforms strengthen the role of independent children’s lawyers (ICLs). ICLs must meet with children aged five or older, unless exceptional circumstances apply. This aims to ensure children have a genuine opportunity to express their views in proceedings that affect them, while still allowing safeguards where meeting is not appropriate.
Family report writers
The amendments also allow regulation of standards and obligations for family report writers. The intent is to improve quality, consistency, and accountability in the preparation of family reports, which often play a central role in high conflict parenting matters.
Publication and privacy protections
The reforms replace former section 121 restrictions with Part XIVB. The changes preserve privacy protections but simplify the language and provide clearer guidance, with the aim of making the law more accessible while maintaining confidentiality protections for parties and children.
Case management and procedure
The reforms include procedural measures to improve efficiency and reduce harm from repeated litigation. Harmful proceedings orders may restrict further applications where proceedings would cause harm, including psychological distress or adverse financial consequences. The overarching purpose provisions emphasise resolving matters justly and efficiently, with safety and best interests central.
Make-up time
Registrars have authority to make orders for compensatory or make-up time where a parenting order has not been complied with. This provides a practical mechanism to address disrupted time arrangements and reduce the need for more complex litigation.
Existing orders and arrangements
Existing final parenting orders remain in force. To vary existing orders, a party must still establish a basis to reopen the matter, including significant change in circumstances and that reconsideration is in the child’s best interests, consistent with the Rice & Asplund principle. Parenting plans remain informal and flexible, and parties can update plans by agreement or convert agreed arrangements into consent orders.
Practical effect of the reforms
Taken together, the Information Sharing Act and the 2024 amendments support a clearer risk-focused approach to parenting matters. Improved information exchange should assist courts to identify risk earlier and make more informed interim and final orders. The removal of presumptions aims to reduce misunderstanding and refocus parties on workable arrangements that meet children’s needs, particularly where family violence or coercive control is present.
Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry.
