20th Mar 2012, 5:19 PM – Representatives Family Law Amendment (Validation of Certain Orders and Other Measures) Bill 2012 - Second Reading - Condemn incompetence of the government

The majority voted against a motion introduced by Liberal MP Michael Keenan. This amendment would have amended the motion that this bill be now read a second time with the following:

That all words after "That" be omitted with a view to substituting the following words:

"whilst not declining to give the bill a second reading, the House notes and condemns the incompetence of the Government in:

(1) failing for almost three years to proclaim the relevant provisions of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008;

(2) thereby needlessly permitting invalid orders to be made by the federal family Courts and throwing the financial affairs of thousands of Australians into confusion;

(3) failing to act promptly to correct the problem after it was first brought to its attention; and

(4) failing to immediately bring remedial legislation before this Parliament."

One member, Nationals MP Tony Crook, rebelled and crossed the floor to vote 'no' with the Government.(Read more about what it means to cross the floor in our FAQ section. )

Background to the bill

The bill is quite technical as it seeks to remedy an administrative oversight by the Attorney-General’s Department affecting the validity of certain court orders made under the Family Law Act 1975 as amended by the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008.(Read more about what the bill does in its bills digest. ) That 2008 Act provided that de facto couples (both opposite-sex and same-sex) can access the federal family law courts on property and maintenance matters. However, the Family Law Act 1975 contains a technical requirement in respect to a conferral of jurisdiction (such as the new jurisdiction conferred by the 2008 Act) which was not met and so the validity of certain family law orders has become uncertain. This is the oversight that this present bill seeks to remedy by removing that uncertainty and conferring rights and liabilities on all people who sought or were granted orders that, due to the oversight, were technically invalid.(See here for more information about the bill, including its explanatory memorandum.)

References