We asked, you said, we did

We held a second round of consultation on reforming Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime between May and June 2024.

This second round of consultation built upon the first round of consultation undertaken in 2023. We considered feedback from the first round of consultation and used it to develop detailed reform proposals outlined over 6 consultation papers. 

We sought public input through written submissions and through virtual and in-person meetings with affected sectors.

We held over 40 targeted consultations with industry and government stakeholders, including roundtables with peak industry bodies, bilateral engagements with industry members and addresses at industry events. 

We received over 130 submissions from stakeholders across all affected sectors, as well as from government, academics, civil society and individuals. With consent, we have published 104 of these submissions.

Key themes

Reflecting similar feedback from the first round of consultation, there was broad support for the reforms. Submissions provided useful insights into how the AML/CTF regime could be strengthened to build Australia’s resilience against criminal exploitation and protect businesses that are at the frontline of financial crime prevention. Stakeholders noted several inefficiencies in the regime that limit the effectiveness of Australia’s response to transnational crime.

Overall, stakeholders supported the proposed reforms to simplify, clarify and modernise the existing regime to make it easier for regulated businesses to identify and mitigate illicit financing risks and to comply with their AML/CTF obligations. 

Current reporting entities welcomed proposals to expand the regime to address vulnerabilities in ‘gatekeeper’ professions, including lawyers, accountants, real estate professionals and dealers in precious stones and metals (also known as tranche two entities). There was also support for ensuring the regime keeps pace with the increasingly digital, instant nature of the global financial system, by updating digital and virtual asset services.

Most stakeholders demonstrated an understanding that the proposed reforms aim to improve Australia’s compliance with the global standards to combat money laundering and terrorism financing. Stakeholders sought additional details on the specific impacts on their businesses – this information will be set out in forthcoming consultations on amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (AML/CTF Rules). 

Thank you to everyone who contributed valuable feedback to the consultation processes. 

Feedback from both rounds of consultation will inform government consideration of the final policy changes and legislation. Timing for any legislation is a matter for government. 

There will be ongoing opportunities to influence and work with government on the detailed impact of the reforms on businesses through upcoming consultation on the AML/CTF Rules led by AUSTRAC. AUSTRAC will also collaborate with industry on fit-for-purpose, tailored industry education and guidance, particularly for new tranche two entities.

On 27 February 2024, the Attorney-General released the Terms of Reference for a Review of Australia’s Credit Reporting Framework (the Review). The Australian Government appointed Ms Heidi Richards as the independent reviewer.

The Review is considering the overall efficiency and effectiveness of Australia’s Credit Reporting Framework in the Privacy Act 1988 and the National Consumer Credit Protection Act 2009.

On 26 April 2024, Ms Richards released an Issues Paper, which was open for written submissions until 31 May 2024. The issues paper set out key areas of focus for the independent review and included around 50 discussion questions.

The Review received 31 submissions from a broad range of stakeholders, including regulators, external dispute resolution services, credit providers, credit reporting bodies, consumer groups, industry peak bodies and others. Ms Richards has also undertaken bilateral discussions with stakeholders to support the findings of the Review. 

The Review is currently considering the submissions which will inform Ms Richard’s report to Government. The report will be provided to the relevant ministers no later than 1 October 2024. We have published submissions where consent has been given to do so.

On 3 April 2024, the Attorney-General published a draft of the Identity Verification Services Rules 2024 (the Rules) on the department’s website for a 28-day consultation period, as required under the Identity Verification Services Act 2023 (the Act).

The purpose of the Rules is to prescribe the following matters, which are needed to support the operation of the Act and the identity verification services:

• listing state and territory privacy laws and government authorities, which must be listed for the purposes of participation agreements
• listing state and territory privacy laws, which must be listed for the purpose of the NDLFRS hosting agreement
• setting fees that government authorities and non-government entities must pay to connect to, and request the use of, the identity verification services.

We received 8 submissions from advocacy groups and academia, government agencies, and industry organisations during the consultation period.

We also held targeted consultations with relevant industry organisations and Commonwealth, state and territory government authorities. This included:

• Commonwealth data holding agencies, and relevant state and territory government agencies
• Commonwealth law enforcement, intelligence and integrity agencies
• key industry stakeholders, in particular, Gateway Service Providers.

Most submissions provided feedback on the proposed fees and the timings for the commencement of the Rules. A submission also noted further privacy safeguards that could be included in the Rules. While out of scope of the Rules, respondents also provided technical suggestions on the operation of the identity verification services.

In accordance with paragraph 44(1B)(b) of the Act, the Attorney-General also consulted the Information Commissioner on the Rules in relation to privacy matters.

As required by paragraph 44(1B)(c) of the Act, the Attorney-General considered all submissions received during the consultation period.

In response to feedback received, a change was made to subsection 8(2) of the Rules to clarify the application of connection fees where a government authority or non-government entity is seeking to have multiple connections to the same approved identity verification facility. This amendment better reflects existing arrangements for certain government authorities. To support this change, minor and technical consequential amendments were made to subsection 8(3). 

We will continue to engage with relevant stakeholders to support the implementation of the Rules and will consider broader feedback as part of the review mechanisms under the Act.

The finalised Rules commenced on 14 June 2024. You can access the Rules and associated Explanatory Statement on the Federal Register of Legislation.

We thank everyone who engaged with this consultation process and provided a submission.

From 14 March to 26 April 2024, we sought feedback on an exposure draft of the Family Law (Superannuation) Regulations 2024 (the exposure draft Regulations). This consultation was part of our work to review the Family Law (Superannuation) Regulations 2001 (the existing Regulations) which are due to sunset on 1 April 2025, and need to be remade ahead of that date.

The exposure draft Regulations substantively maintain the current superannuation splitting framework, but include amendments intended to modernise the language and ensure the provisions continue to operate effectively. The exposure draft Regulations contain several changes to clarify provisions and ensure that superannuation splitting arrangements keep pace with developments in superannuation products and with broader superannuation policy.

We received 10 submissions. These were made on behalf of:

• Family law practitioners
• Superannuation trustees
• Superannuation actuaries
• Financial professionals and accountants
• Superannuation industry peak bodies

The submissions were broadly supportive of the exposure draft Regulations.

The responses included helpful, technical suggestions to support improvements to the final Regulations, and provided useful insights based on stakeholder experiences of interactions with the existing family law superannuation splitting framework.

The feedback will inform our advice to government on improvements to the final Regulations. We thank everyone who took the time to engage with us by providing feedback.

From 11 to 28 March 2024, we sought your views on proposed legal reforms to address doxxing harms and behaviours, including a statutory tort for serious invasions of privacy. The Australian Government agreed and agreed in principle to a range of proposals that would enhance privacy protections for individuals through its response to the Privacy Act Review Report. This included proposed new provisions to address the practice of doxxing.

On 13 March 2024, we also convened a roundtable on doxxing and privacy reform with selected Commonwealth stakeholders, including the eSafety Commissioner Julie Inman Grant, Privacy Commissioner Carly Kind, and peak privacy, industry and media stakeholders.

We received 97 written submissions to this consultation from a range of stakeholders, including businesses, representative bodies, not-for-profit groups, academics and individuals.

The key themes from submissions and the roundtable discussion included:

• support for the proposed statutory tort, which would improve the available options to seek redress for victims of doxxing
• feedback on the design of the statutory tort to ensure it appropriately balances privacy with competing rights – such as freedom of expression
• views that the Australian Government’s measures to respond to doxxing should be considered together, and be coherent.

We thank everyone involved in the consultation who took the time to engage with us and provide their feedback. 

We have used this feedback to inform further advice to government on privacy reforms.

The Australian Government has conducted a public consultation on the second stage of public sector whistleblowing reforms. We released a consultation paper in November 2023 seeking views on what reforms are needed to the Public Interest Disclosure Act 2013 (Cth) (the PID Act) and related measures to ensure the public sector whistleblowing framework remains fit for purpose and accessible for public officials to report wrongdoing.

The consultation paper asked 24 questions on a wide range of matters, including how to address the underlying complexity of the scheme and what steps can be taken to provide effective and accessible protections to public sector whistleblowers.

The second stage of reforms is an opportunity to further improve the public sector whistleblowing framework. It follows on from a first stage of reforms in 2023 to deliver priority amendments to the PID Act to make immediate improvements to the public sector whistleblowing framework, ahead of the commencement of the National Anti-Corruption Commission.

We received 56 submissions to this consultation. The submissions came from a range of stakeholders:

• 9 submissions from government agencies, including one state government agency
• 19 submissions from individuals
• 28 submissions from organisations.

Key issues raised in the consultation included:

• Whistleblower protections, including:
  • support for a new body to protect whistleblowers
  • expanding the circumstances in which external disclosures are protected under the PID Act
  • allowing people to access additional types of professional support and assistance in relation their disclosure
  • easier access to civil remedies as well as more types of civil remedies, particularly in relation to any failures by an agency to fulfil its duty to protect whistleblowers from reprisal.
• Simplification or redrafting of the PID Act, including:
  • making the legislation easier to understand and navigate for whistleblowers
  • increasing consistency between the whistleblower protection frameworks that apply to public, private and not-for-profit sectors.
• Support for a ‘no wrong doors’ approach, including:
  • increasing the types of officials within agencies who can receive protected disclosures
  • improving referral processes to ensure disclosures can be, and are, passed to an appropriate agency for consideration.

We will use the responses to this consultation to inform future policy development and decisions for the second stage of public sector whistleblowing reforms.

Thank you to everyone involved in the consultation process for your time and engagement, sharing your views, information and ideas.

Australia’s Open Government Forum is developing Australia’s third National Action Plan (NAP3) in consultation with civil society and government. The NAP3 will outline commitments by the Australian Government to activities that promote transparency, accountability and collaboration between the government, civil society and the business community.

The Open Government Forum agreed on a co-creation process in June 2023. This process outlined 2 phases of public consultation. We undertook Phase 2 public consultation through an online survey from 9 November 2023 – 22 November 2023.

The forum established 8 commitments for inclusion in in Australia’s third National Action Plan. Phase 2 consultation focused on these commitments:

• Commitment 1: Automated decision-making and responsible use of artificial intelligence
• Commitment 2: Youth Advisory Groups
• Commitment 3: Commonwealth Integrity Strategy
• Commitment 4: Beneficial ownership reform
• Commitment 5: Integrity and accountability in procurement and grants
• Commitment 6: Commonwealth whistleblower protections
• Commitment 7: Transparent political donations and truth in political advertising
• Commitment 8: Combatting misinformation in non-English-speaking communities

We received 10 responses to this consultation. The submissions came from a range of stakeholders, including businesses, not-for-profit groups and individuals.

The responses included helpful suggestions to support the implementation of commitments for Australia’s next National Action Plan.

All respondents identified which commitments they felt were of the highest importance, and provided valuable insight on how each commitment might be successfully implemented.

We thank everyone who took the time to engage with us and provide their feedback.

Analysis and summary of the responses was provided to all forum members and included in the meeting papers for the fifth forum meeting on 4 December 2023. There was clear alignment between most of the responses and the commitments the forum chose.

The consultation responses will be used to inform the development and implementation of the commitments in the NAP3. Read the consultation analysis report and further updates on the progress of NAP3 at the Australia’s Open Government Partnership site. The forum consulted on the co-creation process and the working group themes during Phase 1 consultation.

On 27 October 2021, the Australian Government launched the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030 (National Strategy), and committed $307.5 million for implementing 62 measures under the National Strategy’s First National Action Plan (NAP) and First Commonwealth Action Plan.

Under the National Strategy, the National Office for Child Safety (National Office) is establishing a national point of referral to help victims and survivors of child sexual abuse, practitioners and the general public to navigate the service system and access information and resources (National Action Plan Measure 7).

We understand that the current service system in Australia is complex, often difficult to navigate, and that there is no single-entry point for victims and survivors and other people seeking information and support. We sought feedback on how best to design a service that meets people’s diverse needs in a trauma informed, culturally safe and accessible way.

We received 38 responses to this consultation and 12 written submissions. We also conducted targeted consultations with sector representatives, peak bodies and government agencies, and engaged First Nations Collective Consulting who partnered with Impact Co., to undertake dedicated trauma-informed, culturally safe, accessible and inclusive consultations with people with lived experience, First Nations people, people from culturally and linguistically diverse (CALD) backgrounds, and people with disability.

We heard from a range of stakeholders including:

• people with lived experience of child sexual abuse and their advocates
• First Nations people
• people from culturally and linguistically diverse communities
• people with disability
• people who identify as LGBTQIA+
• health services 
• service providers 
• government agencies 
• advisory groups 
• Children’s Commissioners 
• legal services 
• peak bodies 
• advocacy services 
• research organisations
• religious organisations.

Stakeholders told us what makes services feel trustworthy, safe and effective, as well as the enablers and barriers to accessing services. Stakeholders highlighted that victims and survivors need to be at the centre of the national point of referral and they need to feel confident and safe when seeking help. Qualified staff providing localised knowledge and referrals are important, as is the capacity and capability to meet demand. Stakeholders want a trauma-informed, culturally safe, intersectional service that provides specialist information and advice about child sexual abuse and quickly connects people with local services and support.

As part of the Supporting Quality Engagement with Children project, the National Children’s Commissioner consulted with children and young people to inform approaches to help seeking and service access. These consultations were undertaken in urban, regional, and remote locations across all Australian states and territories and will contribute to the evidence base informing the design and implementation of the national point of referral. Please visit the Supporting Quality Engagement with Children page for more information.

Thank you to everyone who took part and provided their time and expertise.

The Final National Point of Referral – Community Consultations Summary 2023 provides a summary of feedback from individuals and communities. The Final National Point of Referral – Service Sector and Government Consultations Summary 2023 outlines a summary of the feedback from sector representatives, peak bodies and government agencies. 

Stakeholders who participated in these consultations were invited to provide feedback on the draft summaries, which has been incorporated into the final documents.

The consultation outcomes will inform our approach to developing, delivering and evaluating the preferred service model for the national point of referral. We are working with states and territories to finalise the proposed service model in 2024.   

From 18 September to 10 November 2023, we sought feedback on an exposure draft of the Family Law Amendment Bill (No. 2) 2023 (the exposure draft). The exposure draft proposed amendments to the Family Law Act 1975 (Cth) to make sure separating couples can better understand the decision-making framework used in family law to resolve their property and financial matters confidently and safely.

The proposed amendments aim to address the Australian Law Reform Commission’s Final Report No. 135: Family Law for the Future - An Inquiry into the Family Law System and implement elements of the Government Response to the Joint Select Committee on Australia's Family Law System.

The release of the exposure draft was an opportunity for the community to provide feedback on the proposed amendments. We asked for feedback about the proposed amendments, including whether they achieve our intended policy outcomes, using specific questions set out in a consultation paper.

We received 86 submissions on the exposure draft. These came from:

• members of the public
• legal professionals
• family law services sector representatives including family dispute resolution professionals and Children’s Contact Services
• women’s safety advocacy groups
• First Nations bodies
• academics.

Many submissions supported the policy intention of reforms in the exposure draft, particularly the focus on recognising the economic effect of family violence in family law matters and simplifying the property decision-making framework.

The responses included helpful, technical suggestions to support improvements to the exposure draft, and provided useful insights based on experience within the family law system.

We have published submissions from authors who gave their permission. We redacted some submissions to avoid breaching section 121 of the Family Law Act, to protect privacy and to respect copyright.

We thank everyone who took the time to engage with us by providing feedback.

The feedback has informed our advice to government on improvements to the proposed amendments.

On 22 August 2024, the government introduced the Family Law Amendment Bill 2024 into Parliament.

Read the text of the Bill, explanatory memorandum and all speeches on the Australian Parliament House website.

Read the Attorney-General’s media release announcing the Bill.

Australia’s Open Government Forum is developing Australia’s third National Action Plan (NAP3) in consultation with civil society and government. The NAP3 will outline commitments by the Australian Government to activities that promote transparency, accountability and collaboration between the government, civil society and the business community.

The Open Government Forum (forum) agreed on a co-creation process in June 2023. This process outlined 2 phases of public consultation. We undertook Phase 1 public consultation through an online survey from 21 August 2023 – 17 September 2023.

The forum established 3 working groups to consider, develop and prioritise potential commitments for inclusion in Australia’s third National Action Plan. Phase 1 consultation focused on the co-creation process and the working group themes:

• Working group 1: Public participation and engagement
• Working group 2: Government and corporate sector integrity
• Working group 3: Strengthening democratic processes

We received 31 responses to this consultation, which included 1 emailed submission. Submissions were received from a range of stakeholders, including businesses, representative bodies, not-for-profit groups, academics and individuals.

The responses included helpful suggestions to support the development of commitments for Australia’s next National Action Plan.

A majority of stakeholders stated that the consultation provided appropriate opportunities to consult and that they supported the 3 themes. We thank everyone who took the time to engage with us and provide their feedback.

Analysis and summary of the responses was provided to all Working Group members and included in the meeting papers for the fourth forum meeting on 5 October 2023. There was clear alignment between most of the responses and the key priority areas that were identified by the Working Groups.

The Working Groups used the consultation responses to inform the development of potential commitments for NAP3. Read the consultation analysis report and further updates on the progress of NAP3 at the Australia’s Open Government Partnership site. The forum will consult on the draft commitments during Phase 2 consultation.

In July 2023, we sought public submissions for a proposal to amend the Statutory Declarations Act 1959 and the Statutory Declarations Regulations 2018 to introduce new ways of executing Commonwealth statutory declarations.

The framework would allow a Commonwealth statutory declaration to be executed in any of the following ways:

• traditional paper-based execution (requiring wet-ink signatures and in-person witnessing)
• e-execution (allowing electronic signatures and witnessing via audio-visual link)
• digital execution (end-to-end online execution, with digital identity providers to verify identity and satisfy witnessing requirements).

We received written submissions from a range of stakeholders, including interest groups, academics and individuals. Stakeholders noted that the proposal would provide options for making statutory declarations that will increase accessibility for all Australians, regardless of their circumstances.

Stakeholders generally noted that electronic execution can save individuals and small businesses time and money, that the temporary measures have worked effectively, and that the COVID temporary measures should be retained. Stakeholders were also strongly of the opinion that the traditional, paper-based method be retained.

The digital option was also well received. Stakeholders noted the reform would have the following benefits:

• • convenience and efficiency savings
  • the potential to save individuals and small businesses both time and money
  • accessibility gains, particularly for those in the community with restricted mobility, sensory or anxiety concerns, or individuals in remote areas or with limited access to witnesses
  • increased accessibility corresponds to increased access to justice where the statutory declaration is being used within legal system frameworks in particular.

The digital option was seen to reduce the risk of invalid declarations (e.g. failure to comply with the formalities). The ability to leverage an individual’s established digital identity with appropriate protections would also result in welcome efficiencies and flexibility, saving time and money. Some stakeholders supported the digital option, provided that there were appropriate privacy protections, data security, and fraud detection and prevention measures.

Thank you to all who provided a response.

The input we received made a substantial contribution to the development of the final proposed reform, including a number of safeguards that will address the issues raised by stakeholders.

The Attorney-General introduced the Statutory Declarations Amendment Bill 2023 into the House of Representatives on 7 September 2023. Access the Bill and accompanying Explanatory Memorandum on the Australian Parliament House website. 

We held a first round of consultation on proposed reforms to modernise Australia's anti-money laundering and counter-terrorism financing (AML/CTF) regime between April and June 2023, following the release of our first consultation paper. 

We sought feedback from industry on proposals to streamline the AML/CTF regime and expand the regime to professional service providers. We also welcomed and considered general feedback on industry experience with the AML/CTF regime. The consultation paper asked 36 questions on a wide range of matters relating to how the AML/CTF regime functions. We sought public input through written submissions and targeted consultation with affected sectors.

During 2023, we held over 40 targeted consultations with industry, including roundtables with national peak bodies of affected sectors, bilateral engagements with industry members and addresses at industry conferences.

We received 142 submissions to the consultation from stakeholders across all affected sectors, as well as from government, academics and individuals. With consent, we have published 115 of these submissions.

Key themes

There was broad support for the reforms, with submissions reflecting the diversity in affected sectors. Submissions provided beneficial insights into how the AML/CTF regime could be improved to remain fit-for-purpose and maintain pace with the emerging threat environment. Overall, stakeholders supported the proposed reforms to clarify the application of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the Act) and remove ambiguity from the current provisions. Submissions highlighted the need for us to consider other government reforms. This includes initiatives such as: 

• scams reform underway by the Australian Competition and Consumer Commission and how information sharing could support National Anti-Scams Centre activities,
• use of new and evolving technologies, and how this could interact with proposed Customer Due Diligence (CDD) measures
• payments reform and beneficial ownership initiatives.

Simplification and modernisation of the regime

Existing regulated entities supported changes to simplify CDD obligations and AML/CTF program requirements, with most highlighting this as a significant reform priority. Submissions expressed a strong interest in understanding how new technologies like biometric databases and digital identity could be adopted in CDD procedures. Submissions were broadly supportive of streamlining AML/CTF program requirements and proposals to facilitate and safeguard appropriate information sharing between relevant entities.

Regulation of tranche-two entities

Some stakeholder groups were supportive of expanding the AML/CTF regime to cover certain high‑risk services provided by some professions, including lawyers, accountants, trust and company service providers, real estate professionals and dealers in precious metals and stones (also known as tranche-two entities). Others, including some new sectors to be regulated, sought further information on their sector-specific risks and the regulatory impact of being brought into the AML/CTF regime. Many submissions from tranche-two entities indicated interest in leveraging existing processes and practices to help avoid duplication and reduce regulatory costs, including for CDD obligations.

Thank you to everyone who contributed to the consultation process and provided a submission.

We carefully considered all feedback received during the first round of consultation and used this to inform a second series of consultation papers. These papers provide further detail on the proposed reforms as requested in the submissions. 

Find out more about the second round of AML/CTF consultation.

Feedback from both the first and second round of consultation will inform government consideration on reform to the AML/CTF regime.

The Administrative Review Taskforce (Taskforce) conducted public consultation on reform to the administrative review system between April and May 2023. An Issues Paper was published seeking views on the development of a new federal administrative review body. The Issues Paper asked 67 questions on a wide range of matters relating to the design of the new federal administrative review body.

We sought public input through:

• short survey
• Issues Paper 
• meetings with selected individuals and organisations, including AAT staff and members 
• user experience sessions. 

During the consultation period, we spoke with:

• 147 stakeholders with wide-ranging interest in the reform, including:
• people with experience as applicants in the AAT 
• migration and refugee representatives and advocacy groups
• disability representatives and advocacy groups
• social security representatives and advocacy groups
• veteran support
• legal organisations, including Legal Aid Commissions and Community Legal Centres
• academics
• government
• State and Territory civil and administrative tribunals.
• Over 400 AAT staff
• Over 160 AAT members

We received 287 short survey responses and 120 submissions in response to the Issues Paper.

• Administrative Review Reform: Short Survey Data Summary [PDF]
• Administrative Review Reform: Short Survey Data Summary [DOCX]

Feedback provided through the public consultation is being used to inform the development of legislation and to plan the implementation of the new federal administrative review body. 

The Expert Advisory Group, chaired by former High Court Justice, the Hon. Patrick Keane AC KC, has considered the results of consultation to inform their advice to government on the reform. 

The Administrative Review Taskforce (Taskforce) conducted public consultation on reform to the administrative review system between April and May 2023. An Issues Paper was published seeking views on the development of a new federal administrative review body. The Issues Paper asked 67 questions on a wide range of matters relating to the design of the new federal administrative review body.

We sought public input through:

• short survey
• Issues Paper 
• meetings with selected individuals and organisations, including AAT staff and members 
• user experience sessions. 

During the consultation period, we spoke with:

• 147 stakeholders with wide-ranging interest in the reform, including:
• people with experience as applicants in the AAT 
• migration and refugee representatives and advocacy groups
• disability representatives and advocacy groups
• social security representatives and advocacy groups
• veteran support
• legal organisations, including Legal Aid Commissions and Community Legal Centres
• academics
• government
• State and Territory civil and administrative tribunals
• Over 400 AAT staff
• Over 160 AAT members.

We received 287 short survey responses and 120 submissions in response to the Issues Paper.

Feedback provided through the public consultation is being used to inform the development of legislation and to plan the implementation of the new federal administrative review body. 

The Expert Advisory Group, chaired by former High Court Justice, the Hon. Patrick Keane AC KC, has considered the results of consultation to inform their advice to government on the reform.

As part of our review of 4 sunsetting legislative instruments under the Native Title Act 1993 (Cth), we sought stakeholder feedback on the operation of and potential changes to the instruments.

The 4 sunsetting instruments are:

• Native Title (Tribunal) Regulations 1993
• Native Title (Notices) Determination 2011 (No. 1)
• Native Title (Federal Court) Regulations 1998
• Native Title (Indigenous Land Use Agreements) Regulations 1999

We received 4 responses to the consultation. We thank everyone who took the time to provide us with their feedback. The responses included helpful, technical suggestions to aid the implementation of the proposed changes, as well as useful insights into the operation of the instruments in their current form.

We are using the feedback received to inform proposed changes to the instruments, and are workshopping the suggestions received with key stakeholders. The instruments are due to sunset on 1 October 2023.

On 16 February 2023, the Attorney-General publicly released the Privacy Act Review Report. The report put forward 116 proposals for reform of Australia’s privacy framework, aimed at clarifying the scope of the Privacy Act, uplifting protections for individuals, providing clarity to regulated entities and enhancing enforcement mechanisms.

We undertook public consultation to inform the Australian Government’s response to the Privacy Act Review Report through an online survey. We received written submissions from individuals and public and private entities.

As part of this consultation, we received approximately 500 written submissions and held further meetings to understand stakeholder views on the proposed reforms. Thank you to everyone who took the time to engage with us and provide their feedback.

The Australian Government has used the feedback received during the consultation period to inform its response to the Privacy Act Review Report, which was released on 28 September 2023. 

On 13 September 2022, the Attorney-General released the Terms of Reference for a Targeted Review of Divisions 270 and 271 of the Criminal Code Act 1995 (Cth) (the Targeted Review). On 7 December 2022, the Attorney-General released the discussion paper for the Targeted Review, initiating a 3-month public consultation period. The discussion paper set out key areas of focus for the targeted review and included 42 discussion questions.

Read the Discussion Paper [PDF 1.1MB] for the Targeted Review.

We sought public input through an online survey or via written submission and conducted targeted consultations.

The Targeted Review consultation received 30 written submissions and survey responses. During the consultation period we conducted 16 targeted consultation sessions with interested stakeholders, both in person and online, involving 49 organisations, including government, civil society and academia. We also spoke with victims and survivors.

Submissions to the review, including responses to the online survey, will be published shortly, with the exception of a small number of submissions that are confidential. 

The Targeted Review considered all submissions and responses received as part of the consultation. The findings report is now publicly available. We would like to acknowledge the contribution of participants to the consultation processes.

The report has 22 findings. Key themes informing the findings include:

• Australia’s modern slavery offences are robust, but could be further modernised to ensure they remain future-proof and can apply more consistently to the conduct of Australians offshore
• additional guidance could help to build a shared understanding of key concepts and definitions, thereby supporting investigations and prosecutions
• the offence framework is complex compared to similar jurisdictions
• the modern slavery offences could be improved to better account for unique cultural and personal circumstances of victims and survivors
• stakeholders have a strong desire to be consulted on any specific reforms developed to respond to the findings
• there is support for complementary measures out of the scope of the review, such as remedies for victims and survivors and increasing access to the Support for Trafficked People Program.

Feedback received during the Targeted Review and resulting findings will inform future legal and policy work to strengthen Australia’s response to modern slavery.

Read the findings report for the Targeted Review of Divisions 270 and 271 of the Criminal Code Act 1995 (Cth) [PDF 1.7MB].

Government Response

The Government has considered the findings report and has agreed to develop potential legislative reforms to address the findings of the Review. The Attorney-General’s Department will undertake targeted consultations on proposed reforms in due course.

From 30 January to 27 February 2023, we sought feedback on an exposure draft of the Family Law Amendment Bill 2023 (the Bill). The draft Bill proposed a streamlined parenting framework, including by simplifying the ‘best interests factors’ a court must consider in determining parenting arrangements, and removing the ‘presumption of equal shared parental responsibility’ and associated time considerations.

The draft legislation also proposed to:

• introduce a requirement in the legislation for Independent Children’s Lawyers (ICLs) to meet directly with children
• increase judicial discretion to appoint ICLs in matters under the Hague Convention on the Civil Aspects of International Child Abduction
• provide courts with greater powers to protect parties and children from the harmful effects of protracted and adversarial litigation
• provide a definition of ‘member of the family’ in the Family Law Act 1975 (the Family Law Act) that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship
• simplified compliance and enforcement provisions for child-related orders
• create regulation-making powers to enable the government to establish schemes that set requirements for family law report writers
• introduce an express power for courts to exclude evidence of ‘protected confidences’ in family law matters (that is, evidence relating to the provision of health services, such as medical or counselling records)
• clarify restrictions around public communication of family law proceedings.

The release of the draft Bill was an opportunity for the community to provide feedback on the proposed amendments.

We prepared a consultation paper to explain the exposure draft and sought stakeholder views on key issues. We invited submissions in response to the wording of the proposed amendments and, in particular, to the specific consultation questions set out in the paper.

We received approximately 450 responses to the exposure draft of the Bill, either via our website through Citizen Space or our dedicated email address.

Most stakeholders were supportive of the policy intention of the Bill, particularly the focus on safety and simplification. Key themes of feedback on the exposure draft were as follows:

• support for legislative simplification in general, and feedback that it will reduce the complexity (and expense) associated with parenting matters
• support for the increased focus on the best interests of the child in parenting matters
• support for the removal of the presumption of equal shared parental responsibility and consideration of time obligations (existing sections 61DA and s65DAA), which many argued detracts from the focus on the best interests of the child
  • stakeholders that did not support the removal of the presumption were concerned that this would decrease the opportunities for both parents to be involved with their child
  • other stakeholders were in favour of re-wording the presumption to make it clear that it means ‘joint decision making on major long-term issues’ instead of repealing the provision
• support for expanding definitions in the Family Law Act to recognise Aboriginal or Torres Strait Islander concepts of family, subject to possible unintended consequences being addressed
• support for enhancing the views of children in family law matters and ensuring their voices are heard and considered in proceedings that affect them
• support for the policy intent of the provisions regarding ‘protected confidences’, but concern they may not achieve their policy intent as drafted.

A significant volume of technical feedback was provided by submitters on all Schedules of the Bill.

As a result of the consultation process, a number of important changes were made to the Bill to ensure the reforms best support Australian children and families:

• The Objects provision in Part VII of the Act (relating to children) was amended to make it clear that safety should be specifically considered when ensuring that the best interests of children are met.
• Amendments were made to the factors that the court must consider when determining the best interests of the child to provide clarity and address issues raised by stakeholders in relation to safety considerations, cultural considerations, the consideration of the capacity of each parent to provide for the child’s needs, and circumstances where a parent does not have an existing relationship with a child.
• To address stakeholder concerns about potential unintended consequences associated with the removal of equal shared parental responsibility, changes were made to:
  • encourage parents to consult each other about major long-term issues prior to court orders being made
  • make it clear that the court can make an order for joint decision making for major long-term issues
  • clarify the orders that will invoke the requirement for decisions to be made jointly, and
  • co-locate the provisions relating to parental responsibility to make the Act more user-friendly.
• Clarifying changes were made to provisions around ICLs to:
  • make clear that the exception where an ICL is not required to meet with a child due to the risk of physical or psychological harm only applies where that risk cannot be safely managed
  • make clear that if an ICL is not required to perform a duty to meet with a child due to exceptional circumstances, that the court must consider this before final orders are made and not as part of every court event.
• Changes were made to the provisions for harmful proceedings orders and for establishing an overarching purpose of family law practice and procedure to:
  • make clear that in harmful proceedings against a party, the court must make an order about whether the respondent is to be notified about any further applications filed
  • allow courts to dismiss applications for leave in harmful proceedings cases without an oral hearing or in chambers instead to enable the court to deal with harmful or unmeritorious litigations more efficiently
  • reorder the list of factors in the overarching purpose so that the efficiency of proceedings does not read as being secondary to safety factors.
• In relation to the family report writers provisions:
  • references to a ‘designated report’ have been changed to make clear it is a ‘designated family report’ in relation to family report writer provisions
  • further detail has been included about who is considered a regulator, to specify who may be delegated powers and functions, and to specify relevant courts for the purposes of exercising regulatory powers and civil penalties.
• The provisions relating ‘protected confidences were removed from the Bill prior to its introduction into Parliament. The government is seeking further views on this issue as part of the consultation process on a second tranche of family law reforms

Further amendments were made to the Bill following the Senate Legal and Constitutional Affairs Legislation Committee Report issued on 24 August 2023 and as a result of further consultation and stakeholder submissions to the committee. These include:

• amendments to the ‘best interests’ factors to ensure the history of family violence, abuse and neglect are considered when determining the arrangements that would promote the safety of the child and their caregivers, and that courts must consider exposure to family violence
• an amendment to give greater clarity to guidance surrounding the stand-alone factor for Aboriginal and Torres Strait Islander children
• clarifying Aboriginal or Torres Strait Islander concepts of family and their obligations to court notifications
• amendments to enable the removal of the higher threshold requirement for consideration of child’s objections to a return order in Hague Convention cases
• amendments to ensure the Bill operates in line with the government’s policy intention to ensure that children’s best interests are placed at the centre of the family law system and its operation
• addition of a review provision
• changes to many application provisions to ensure that the changes apply to all existing court matters on commencement, excluding those where a final hearing has commenced
• removal of the proposed costs provision specific to contravention proceedings to avoid duplication of the court’s discretionary power to award costs in family law matters.

We have published submissions where we have received permission from the author to do so. Some submissions have been redacted to avoid breaching section 121 of the Family Law Act, for privacy considerations and where there are concerns about copyrighted material.

The Family Law Amendment Bill 2023 passed the Senate, with amendments, on 19 October 2023. The House of Representatives agreed to the Senate amendments on 19 October 2023.

The Governor-General gave Royal Assent to the Bill on 6 November, 2023. It is now the Family Law Amendment Act 2023 (Act No. 87 of 2023). Most of the changes to the law will apply from 6 May 2024.

Information related to the passage of the Bill, including the text of the Bill, the amendments, the explanatory memorandums and all speeches are available online. Read the media release containing an overview of the changes.

The Australian Government is considering the merits and design of a federal judicial commission that could independently examine and deal with complaints made to it about federal judges. We invited submissions on the model and key features of a federal judicial commission, addressing the questions and themes set out in the discussion paper, Scoping the Establishment of a Federal Judicial Commission.

We received 57 written submissions in response to the consultation from a range of organisations and individuals. Thank you to everyone who took the time to provide their views. 

The submissions we received are informing our advice to government on the merits and design of a federal judicial commission.

An Issues Paper was released in August 2022 to initiate a 3-month public consultation period. The Issues Paper set out key areas of focus for the review and included 27 targeted consultation questions. Topics included the impact of the Modern Slavery Act and administration and enforcement of compliance with the reporting requirement.

Read the Issues Paper [PDF] for the review.

We sought public input to the review through 5 consultation avenues:

• written submissions
•  an online questionnaire featuring 27 consultation questions
• an online survey for reporting entities
• targeted consultations
• meetings with selected individuals and committees.

During the public consultation period, 38 targeted consultations were held with 285 representatives from government and non-government organisations including business, civil society and academia. In addition to the formal public consultation program, we met with individuals and committees with  a strong practical connection to Australian Government modern slavery policy and practice. A total of 65 engagements were undertaken, including consultations, meetings, presentations and events.

The review received 136 written submissions and 30 responses to the online questionnaire. The review received 496 responses to the online survey for reporting entities. An overview of survey results is included in the Review Report.

A diversity of views was expressed during the consultations. These are discussed in detail in the Review Report.

We and Professor John McMillan, AO, review lead, would like to acknowledge everyone’s contribution to the review through the extensive consultation processes.

The review considered all submissions and responses received as part of the Review Report. On 25 May 2023, the government tabled the report in Parliament.

The report made 30 recommendations for government consideration, including:

• amendments to the Act, such as the threshold and scope of entity reporting
• introducing penalties for specific non-compliance
• expanding guidance material
• the role of the Anti-Slavery Commissioner in relation to the Act.

Read the Report for the Review of the Modern Slavery Act.