Family law system may need royal commission scrutiny, Chief Justice John Pascoe says
- Category: Family Law Courts
- Created: Wednesday, 03 October 2018 20:26
- Written by Melinda Howells and political reporter Matthew Doran - ABC
A royal commission into family law should be considered if reforms currently underway do not address serious failings in the system, according to the outgoing Chief Justice of the Family Court.
Chief Justice John Pascoe has told the National Family Law Conference in Brisbane family law had become increasingly complex.
Earlier this year, Attorney-General Christian Porter announced plans to merge the Family Court and the Federal Circuit Court, promising it would ease the significant delays and costs for people stuck in the system.
IMAGE : Chief Justice Pascoe's tenure on the bench ends in December.(Supplied: Family Court Of Australia)
The Australian Law Reform Commission (ALRC) is also conducting a wide-ranging review of the system, with its report due to be handed to the Federal Government in March next year.
Lawyers have been critical of Mr Porter's merger proposal, which would be the most significant shake-up of the sector since it was established in the 1970s, arguing any changes should wait until the ALRC delivers its findings.
Chief Justice Pascoe said there had been about 50 major inquiries into the Family Law Act, but argued further investigation might be required.
"In my view, if legislation and the ALRC report do not assuage public concerns about the family law system, it must surely be time to consider a royal commission into family law," Justice Pascoe said.
"This will allow comprehensive public discourse by all stakeholders on all elements of the family law system and the protection of children.
"Continual tinkering with the system, which we've seen over the past 40 years, in my opinion adds to complexity, uncertainty and cost, and often we don't tackle the really big issues such as the divide between child protection and the family law system.
Mr Porter also addressed the conference, urging family lawyers to support his proposed reforms.
"If [Federal] Parliament misses this opportunity and we as lawyers and practitioners and members of the Australian legal community miss this opportunity, then it will necessarily be the case that the Australian people will make demands for even greater or more radical proposals and change," he said.
"I am not going to resile from that process of reform."
But Mr Porter's speech failed to convince the Law Council of Australia's family law section chair Wendy Kayler-Thomson, who opposes the merger of the two courts.
"We certainly agree with him that the system is broken, we just disagree with him about what the answer to that is," she said.
Acting shadow attorney-general Penny Wong said Justice Pascoe's suggestion a royal commission into the family law system might be necessary showed the proposed reforms were in chaos.
"Justice Pascoe's comments are an indictment of the Attorney-General," she said.
But Senator Wong said discussion of a royal commission was premature.
The debate came as the ALRC released a large number of proposals to fix the system, ahead of its final report being delivered.
Among the suggestions are the appointment of a "child advocate" to protect the interests of children caught up in bitter family disputes, and broadening the list of examples of things that could be considered family violence to include emotional and psychological abuse, and using technology to conduct abuse.
Protesters this morning gathered outside the family law conference in Brisbane, calling for a royal commission into the family law system.
Some judges have also criticised the proposed merger, describing it as being thought up by accountants rather than those working in the field.
Rise in 'awful cases' involving children
Chief Justice Pascoe's tenure on the bench ends in December, when he will be replaced by the current Chief Judge of the Federal Circuit Court, William Alstergren.
Justice Pascoe said he had witnessed a significant rise in violence, substance abuse, and mental health issues during his time as a judge on the Family Court and the Federal Circuit Court.
"It's a sad fact that the spectre of violence and harm is present in the courts every day and adds a high level of stress to the work of the judges and the profession," he said.
"We've seen some awful cases since I've been a judge."
He singled out the 2009 murder of four-year old Darcey Freeman in Melbourne, and the recent killings of teenagers Jack and Jennifer Edwards in Sydney.
Source : http://amp.abc.net.au/article/10332588