edited
4th Dec 2020
Federal Circuit and Family Court of Australia Bill 2019 - Second Reading - Family Court
Passed by a small majority
No rebellions 81% attendance
17th Feb 2021, 9:34 PM – Senate Federal Circuit and Family Court of Australia Bill 2019 and another - in Committee - Increase minimum judge number
Summary
EditThe majority voted against an amendment moved by Victorian Senator Lidia Thorpe (Greens), which means it failed. The amendment would have increased the minimum number of judges set out in the legislation from 25 to 40.
Senator Thorpe explained that:
As at 17 February there are 32 judges currently listed on the Family Court's website, who would become Division 1 judges, not including the Family Court of Western Australia judges. The government's amendment requiring 25 judges doesn't make any sense. It's going backwards from the current number of 32 judges. It does not make any sense to go backwards at this time, particularly to a figure of 25 in view of the crippling backlogs and workloads facing the courts.
Amendment text
That the House of Representatives be requested to make the following amendment:
(1) Amendment (1), subclause (3), omit "25 Judges", substitute "40 Judges".
(2) Amendment (1), subclause (4), omit "25 Judges", substitute "40 Judges".
Federal Circuit and Family Court of Australia Bill 2019
Statement pursuant to the order of the Senate of 26 June 2000
Amendments (1) and (2)
Amendments (1) and (2) are framed as requests because they amend the government amendments to the bill to require that the minimum number of judges to hold office in the Federal Circuit and Family Court of Australia (Division 1) is 40 rather than 25. As this will have the effect of increasing the number of judges to be remunerated, it will increase the expenditure under the appropriation proposed by clause 18 of theFederal Circuit and Family Court of Australia Bill 2019.
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendments (1) and (2)
If the effect of the amendments is to increase expenditure under the appropriation proposed by clause 18 of theFederal Circuit and Family Court of Australia Bill 2019, then it is in accordance with the precedents of the Senate that the amendments be moved as requests.
Votes Not passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 9 Yes – 0 No | |
| Mehreen Faruqi NSW | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Nick McKim Tasmania | Yes | |
| Janet Rice Victoria | Yes | |
| Rachel Siewert WA | Yes | |
| Jordon Steele-John WA | Yes | |
| Lidia Thorpe Victoria | Yes | |
| Larissa Waters Queensland | Yes | |
| Peter Whish-Wilson Tasmania | Yes | |
| Australian Labor Party (64% turnout) | 16 Yes – 0 No | |
| Tim Ayres NSW | Yes | |
| Carol Brown Tasmania | Yes | |
| Kim Carr Victoria | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Raff Ciccone Victoria | Yes | |
| Alex Gallacher SA | Yes | |
| Katy Gallagher ACT | Yes | |
| Nita Green Queensland | Yes | |
| Kristina Keneally NSW | Yes | |
| Jenny McAllister NSW | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Tony Sheldon NSW | Yes | |
| Glenn Sterle WA | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Murray Watt Queensland | Yes | |
| Catryna Bilyk Tasmania | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Kimberley Kitching Victoria | Absent | |
| Malarndirri McCarthy NT | Absent | |
| Deborah O'Neill NSW | Absent | |
| Marielle Smith SA | Absent | |
| Jess Walsh Victoria | Absent | |
| Penny Wong SA | Absent | |
| Stirling Griff SA Centre Alliance | Yes | |
| Sam McMahon NT Country Liberal Party | Absent | |
| Sue Lines WA Deputy President | Yes | |
| Rex Patrick SA Independent | No | |
| Jacqui Lambie Tasmania Jacqui Lambie Network | Yes | |
| Liberal National Party (100% turnout) | 0 Yes – 2 No | |
| Matthew Canavan Queensland | No | |
| James McGrath Queensland | No | |
| Liberal Party (76% turnout) | 0 Yes – 22 No | |
| Alex Antic SA | No | |
| Wendy Askew Tasmania | No | |
| Andrew Bragg NSW | No | |
| Slade Brockman WA | No | |
| Claire Chandler Tasmania | No | |
| Richard Colbeck Tasmania | No | |
| Jonathon Duniam Tasmania | No | |
| David Fawcett SA | No | |
| Concetta Fierravanti-Wells NSW | No | |
| Hollie Hughes NSW | No | |
| Jane Hume Victoria | No | |
| Andrew McLachlan SA | No | |
| Jim Molan NSW | No | |
| Matt O'Sullivan WA | No | |
| James Paterson Victoria | No | |
| Gerard Rennick Queensland | No | |
| Paul Scarr Queensland | No | |
| Zed Seselja ACT | No | |
| Ben Small WA | No | |
| Dean Smith WA | No | |
| Amanda Stoker Queensland | No | |
| David Van Victoria | No | |
| Eric Abetz Tasmania | Absent | |
| Simon Birmingham SA | Absent | |
| Michaelia Cash WA | Absent | |
| Sarah Henderson Victoria | Absent | |
| Marise Payne NSW | Absent | |
| Linda Reynolds WA | Absent | |
| Anne Ruston SA | Absent | |
| National Party (100% turnout) | 0 Yes – 3 No | |
| Perin Davey NSW | No | |
| Susan McDonald Queensland | No | |
| Bridget McKenzie Victoria | No | |
| Pauline Hanson's One Nation Party (100% turnout) | 0 Yes – 2 No | |
| Pauline Hanson Queensland | No | |
| Malcolm Roberts Queensland | No | |
| Scott Ryan Victoria President | Absent | |
| Totals (76% turnout) | 28 Yes – 30 No |
Turnout is the percentage of members eligible to vote that did vote.