In late October 2021 we released a consultation paper on ‘Improving the competency and accountability of family report writers’ following recommendations from the Australian Law Reform Commission and the Joint Select Committee’s review into the family law system.
We asked stakeholders 17 core questions about the following key issues:
We received 96 submissions from a variety of stakeholders. This included:
The submissions received provide overwhelming support for action that increases the competency and accountability of family report writers. More than 90% of stakeholders indicated support for reform, although stakeholders differed on the specific mechanisms and entities that would be best placed to achieve this.
Here are some of the key findings from the consultation process:
Read a summary of the responses to the questions in the Consultation Paper:
We are grateful for and wish to thank everyone who made submissions and engaged on this important issue.
We have used the feedback and information shared during this consultation process to inform proposed reforms to the Family Law Act 1975 (Cth).
The Australian Government has developed the Family Law Amendment Bill 2023, which aims to address some of the most important issues raised around children and to place their best interests at the centre of the family law system. The Bill includes a measure which will give government the power to make regulations that set standards and requirements for family report writers.
Public consultation on the Family Law Amendment Bill 2023 is now open and we encourage you to share your views.
These changes are just the first step in moving towards ensuring the competency and accountability of family report writers. The government will need to establish the details of the standards and requirements in regulations and will continue to engage with stakeholders throughout this process. The introduction of any new standards and requirements would be staged appropriately to ensure that affected stakeholders have sufficient time to prepare for the change.
View submitted responses where consent has been given to publish the response.
We have now published submissions for this consultation.
Family report writers play an essential role in family law parenting matters before the family law courts.
Family report writers are primarily from the professions of social work, psychology or psychiatry. They prepare reports that provide information and recommendations about parenting arrangements following separation that are in the best interests of the child or children.
They also play an important role in obtaining and representing children's views to the court. The parties involved, their legal representatives, and judges consider family reports when resolving parenting disputes.
Reports and public inquiries have raised concerns about the quality of family reports and some of the professionals involved in preparing the reports. This includes:
A consultation paper was published by the department to explore options to improve the competency, quality and overall number of professionals involved in writing family reports.
The consultation paper - Improving the competency and accountability of family report writers wasprepared to provide information and identify matters that are important for the government’s consideration of this issue.
Family Report Writers
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
Email: familyreportwriters@ag.gov.au
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