The Law Handbook 2024

Chapter 4.4: Family violence 303 police often refuse to arrest or to enforce injunctions under the FL Act and defer to federal police. Duration and national recognition of injunctions As the FL Act is federal law, a FL Act injunction is portable and is automatically valid in all parts of Australia (but not overseas) unless discharged or varied by a court exercising jurisdiction under the FL Act. Unlike a FVP Act intervention order, a FL Act injunction operates indefinitely unless the court prescribes a set period of time (which is rare) or is discharged by a court. Changes to the Family Law Act There have been two recent comprehensive reviews of Australia’s family law system. There was Report 135 from the Australian Law Reform Commission ( ALRC ), Family Law for the Future: An Inquiry into the Family Law System , which was tabled in federal parliament in April 2019; it is available at www. alrc.gov.au. The federal government responded in March 2021 with Government Response to ALRC Report 135 (available at www.ag.gov.au) . There were also two interim reports and a final report from the Joint Select Committee on Australia’s Family Law System; the final report was released in November 2021. A few recommendations from both these reports have been implemented. The Family Law Amendment Act 2023 (Cth) was passed in October 2023 and will come into effect in May 2024. Changes include how the FCFCOA is to determine the best interests of children where family violence is involved. The changes also include looking at any history of family violence and any past or current protection orders like intervention orders. For an overview of the recent changes to the FL Act, see Chapter 4.2: Parental responsibilities and child support. Changes to family law courts On 1 September 2021, the Federal Circuit Court and the Family Court merged into the new Federal Circuit and Family Court of Australia ( FCFCOA ). The FCFCOA has two Divisions: • Division One absorbed the former Family Court cases, hears more complex cases and also operates as an appeal division in all family law matters. • Division Two absorbed the former Federal Circuit Court cases and has jurisdiction in general federal law matters including family law and child support. The FCFCOA has a totally new case management system with new Rules, new judicial officers, new names, new forms and new procedures. All new cases are initiated in Division Two; complex cases may be transferred to Division One. Magellan List Cases involving allegations of serious physical or sexual abuse of children can be transferred to the Magellan List in Division One of the FCFCOA. This is a special list which operates in Melbourne and a few interstate registries. The list has dedicated registrars, child experts and judicial officers. Court staff work in collaboration with child welfare agencies. The cases in this list are fast-tracked. Lighthouse Project and Evatt List The FCFCOA introduced its second specialised family violence program in 2021. It comprises a special screening and triage procedure and a special Evatt List; these are referred to jointly as the Lighthouse Project. All applications filed seeking parenting orders must be triaged at the point of filing, where it is determined whether a matter needs to be referred to the Evatt List. The list entails a separate pathway with dedicated registrars, child experts and judicial officers and operates within a set time frame. It covers cases involving allegations of risks to children of family violence, parental substance abuse, parental mental illness or parental criminal behaviour. The program has been expanded to all registries and now operates in Victoria. Cross-examination ban An important change to the FL Act introduced in September 2019 is the ban on personal cross- examination in family law cases where family violence is alleged and certain circumstances apply (see s 102NA FL Act). For example, if a final state family violence order is in place between the parties, then an unrepresented party (who is the alleged perpetrator) cannot personally cross-examine the other party (who is the alleged victim).