Government rejects call to hand control of family law system to states and territories
The federal government has formally rejected a proposal to hand control of the family law system to the states and territories, arguing it would take decades to implement and would expose families to duplication.
Key points:
- A review of Australia’s family law system proposed setting up family law courts in all states and territories
- The federal government has rejected the recommendation, arguing it would take decades and have “serious constitutional limitations”
- Parliament recently passed laws to merge the Family and Federal Circuit courts
The recommendation was made in 2019 by the Australian Law Reform Commission (ALRC), which argued there were “growing concerns about the separation of the federal family law and state and territory child protection and family violence systems.”
It suggested family courts should be established in all of the states and territories, with the federal family court system eventually abolished.
The Minister Assisting the Attorney General, Amanda Stoker, said the proposal would have “serious constitutional limitations.”
“The reality is that states and territories have always had the ability under the Family Law Act to establish their own family law courts and, with the exception of WA, none have shown any desire to do so,” Senator Stoker said.
What we think
“Western Australia is the only state to establish their own family court.”
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