What's inside:
The Australian Parliament has passed the Family Law Amendment Bill 2024 (Bill) on Friday 29 November 2024. The Bill makes important and significant reforms to Australia’s family law system with a focus on property and financial matters.
The Family Law Amendment Bill 2024 ensures, for the first time, that family and domestic violence can be taken into consideration in property settlements for separating families.
Shockingly, family violence is present in 80 per cent of parenting matters before family courts.
The new law:
ensures the economic impact of family violence is considered where relevant as part of dividing property and finances
ensures the care and housing needs of children are considered in financial and property decisions
ensures financial information is disclosed at the earliest opportunity to promote the early resolution of disputes
expands the court's ability to use less adversarial approaches in all types of proceedings
establishes a regulatory framework for Children's Contact Services to ensure the provision of safe and child-focussed services for children whose families are unable to safely manage contact arrangements on their own
We know that pets are too often used and abused in cycles of family violence. The new law means that courts will consider a range of factors, including family violence, when determining ownership of pets to better protect everyone in the family.
The Chief Justice has issued Family Law Practice Direction – Defaulters’ List.
The purpose of the Defaulters’ List is to ensure compliance with the rules of court, and any case management orders and directions made by a Registrar in family law or child support proceedings. The Defaulters’ List is intended to further the overarching purpose of family law practice and procedure.
The overarching purpose is to facilitate the just resolution of disputes:
in a way that ensures the safety of families and children; and
in a way that promotes the best interests of the child; and
according to law; and
as quickly, inexpensively and efficiently as possible.
The overarching purpose includes the following objectives:
the just determination of all cases;
the efficient use of the judicial and administrative resources available for the purposes of courts exercising jurisdiction in family law;
the efficient disposal of the overall caseload of courts in family law;
the disposal of all cases in a timely manner;
the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.
A Defaulters’ List is already established as a case management mechanism in the Central Practice Direction – Family Law Case Management at paragraph 5.5.
Matters may be referred to the Defaulters’ List at any stage of the case management pathway up to the Compliance and Readiness Hearing.
The Defaulters’ List will initially be piloted in the Sydney Registry of the Courts. Lists will be presided over by Judges of each Court.
Legal aid for child support can stop financial abuse and ensure the costs of raising children are met.
Demand for legal help to navigate the child support system continues to be high due to former partners who avoid or minimise child support payments to inflict financial control and abuse.
We offer legal aid and advice for lawyers to act for their existing clients and to accept referrals for child support clients. Lawyers who take up child support matters can have a tremendous impact for families.
‘We assist with the legal process to ask Child Support to look beyond the tax return and investigate a paying parent’s actual financial position if they manipulate their finances and hide income or assets to avoid payments,’ said our Child Support Legal Service Program Manager Kathleen Ng.
‘Child support is a technical scheme, so helping a parent to navigate the process where someone is abusing the child support system is such rewarding work that has real impact in ensuring economic security for children.’
Australian families and communities are experiencing more disasters than ever before, leading to a higher risk of adverse mental health outcomes for our infants and children. But by offering the right support at the right time, every practitioner can make a difference.
It is essential that everyone who works with infants, children, parents and families is prepared to support them in planning and preparing for disasters, as well as responding and recovering afterwards.
This practice guide is a series of resources on child-centred and family-focused approaches in disaster preparedness, response and recovery. It aims to equip practitioners with foundational knowledge and evidence-informed approaches to support infants, children and their families during and after disasters, and promote their long-term healing and wellbeing.
This practice guide is for anyone who is, or may in the future be, supporting infants, children, parents and/or families who experience a disaster.
This includes practitioners, workers, leaders and volunteers across a wide range of sectors such as:
health services
social and community services
education
first response and emergency services
government (policymaking and agencies and services)
non-government organisations and community-led initiatives.
Jump in and explore the guide’s series of topic-based practice papers which include video interviews with practitioners, researchers and parents with lived experience; actor-based and written practice scenarios; audio case studies; and podcasts with families.
One of the most effective ways to safeguard children's mental health through separation is to support their parents in the process. Yet many separating parents receive support from health and welfare practitioners who have limited training in working with separating families. Evidence-based programs for separating families can provide practitioners in diverse sectors with information about 'what works'. This paper identifies the common elements of evidence-based parenting programs that support children's (aged 0-12 years) mental health through parental separation to inform the decisions practitioners make in their practice.
Key messages
Prolonged parental conflict can have enduring, negative effects on children's social and emotional wellbeing.
Supporting parents to understand the impact of parental separation on children, to engage in effective parenting practices throughout separation, and to develop functional co-parenting relationships can mitigate the negative effects of separation and contribute to better outcomes for children and the family.
Evaluations of parenting programs repeatedly show positive impacts on parental and child wellbeing. However, large, manualised programs are impractical for delivery by practitioners working outside of group settings.
The 'common elements' approach adopted in this review identifies 15 techniques, strategies and routines that are shared by numerous programs for separating parents.
Four of the common elements related to the content presented to parents in programs, specifically the topics of emotional management in separation, parenting in separation, co-parenting in separation, and the impact of separation on children.
The remaining 11 common elements involved specific techniques used in programs, including skills practice, personalising content, assigning and reviewing homework, and normalising difficulties.
A common elements approach does not indicate whether particular elements of programs are necessary or sufficient for clinical change.
FRSA National Conference 2025
The FRSA National Conference is heralded as a highlight event for the Family and Relationship Services network and is one of the largest annual gatherings of practitioners, academics and policy makers working to support children, families and communities. This ‘not to be missed’ event will feature a number of highly acclaimed keynote presenters, as well as Federal Ministers and sector leaders with a focus on delivering the most effective services to children, families and young people.
As social service organisations we are always at the cutting edge of emerging trends and changes in society – for the FRS sector, especially for vulnerable children, families and communities.
The theme for the FRSA National Conference 2025 is Safe, Strong and Thriving and will be held at the Sheraton Grand Sydney Hyde Park on 19-22 May 2025.
FRSA’s vision is an Australia where children, families and communities are safe, strong and thriving. At National Conference 2025 we ask: What will it take to bring this vision to life in a complex and ever-changing environment? How do we navigate complexity, change – and the unexpected – to ensure our services work for children, families and communities? Importantly, how do we ensure that our sector is safe, strong and thriving so that we can realise our vision for the people we work with every day?
Family and relationship services are designed as early intervention universal services – available to all people living in Australia, as and when they need them. However, people are increasingly presenting to family and relationship services with complex and intersecting needs, exacerbated by the cost of living and housing crisis, and overloaded tertiary service systems. In this context, what does early intervention mean? And, how do we ensure access for all? We ask presenters to reflect on this context as they prepare an abstract that responds to the theme, Safe, Strong and Thriving.
The FRSA National Conference 2025 provides a platform to showcase and learn from on the ground practice, policy, and research. It will provide an opportunity to identify the strengths we can build on and the opportunities we can harness to meet the changing needs of children, families and communities.
The FRSA Conference is heralded as a highlight event for the Family and Relationship Services Network and will, as always, deliver a prime opportunity to showcase the impressive work of the sector.
We’re pleased to inform you eSafety is now accepting applications for funds available under the Preventing Tech-Based Abuse of Women Grants Program.
As an organisation dedicated to supporting the safety and wellbeing of women, children and families, we hope you will submit an application before 5pm (AEDT), 16 December 2024.
Key program details
Priority area: Prevention programs addressing drivers of technology-facilitated gender-based violence.
Total funding available: At least $3.5 million (all amounts exclude GST), with up to $600,000 allocated to projects led by Aboriginal and Torres Strait Islander NGOs.
Grant range: $80,000 to $400,000 per project.
Eligible applicants: NGOs registered as not-for-profit charities with the Australian Charities and Not-for-profit Commission.
Application period: Applications will open on Thursday 14 November 2024 - 11am (AEDT) and will close on Monday 16 December 2024 – 5pm (AEDT).
Guidelines are available on the eSafety website and GrantConnect.
Priority funding for First Nations NGOs
Of the $3.5 million to be invested this round, up to $600,000 will be allocated to projects led by organisations with a commitment to delivering services with and for First Nations communities.
To be eligible for this priority funding, an applicant must be:
An Aboriginal Controlled Community Organisation, or
Primarily focused on achieving outcomes for First Nations communities, or
Part of a partnership that includes one of the first two types of eligible organisations.
Applicants to the priority funding pool are also eligible to apply for the $2.9 million in general grant funding.
Need further assistance?
For assistance with applying, please contact our grants team at grants@eSafety.gov.au.
Alternatively,
This update provides important information about Applications for Review filed after close of filing on Friday 15 November 2024.
Please be advised that an Application for Review filed on or after 15 November 2024 may not be able to be heard prior to the commencement of the Court shutdown period, being close of business, Tuesday 24 December 2024.
Hearing dates will be allocated having regard to urgency considerations and the overall business of each court.
If parties consent to a Judge determining the Application on the papers without an oral hearing, they are likely to be determined more quickly than those requiring a hearing. Parties are required to confer prior to the filing of any Application for Review to discuss whether they consent to this approach. A hearing on the papers may be jointly requested at the time of filing.
Please be reminded that the Court may list an Application for Review for hearing electronically within 48 hours’ notice being provided to the parties. Requests for an adjournment or alternative re-listing will only be considered by Chambers where it is jointly made and in exceptional circumstances. Failure to attend a hearing date may result in an order for costs.
Parties are reminded of subrule 14.07(2) as to the evidence that may be relied upon in support of an Application for Review. Any further affidavit or exhibit cannot be relied upon without leave of the court.
In the event that an Application for Review is filed in proceedings that are already listed for final hearing within approximately 3 months from the date of filing, the Application for Review will be referred to the Judge hearing the substantive proceedings for consideration of listing, including whether the Application for Review should be listed at the commencement of the substantive final hearing.
Practitioners should carefully consider the utility and merit of an Application for Review before it is made. In financial year 2023-24, only 2.5% of all final order applications and interim applications finalised by Registrars were reviewed, and of those, only 1 in 10 were upheld or partially upheld.
The Judge hearing the Application for Review may order costs against parties or practitioners in circumstances where the Judge determines that the Application for Review is frivolous or without merit, or where there has been non-compliance with the Rules of the Court.
Practitioners and parties are also reminded of the overarching purpose of family law case management and the Central Practice Direction: Family Law Case Management, together with past judgments (some of which are listed below) when considering whether an Application for Review will be filed.
A new law will mean victim-survivors of sexual harassment won’t have to pay their employer's costs if they lose.
It will be easier for victim-survivors of workplace sexual harassment to bring proceedings to court, with new costs protection to become law.
The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 passed parliament on 19 September 2024. It will implement the final outstanding recommendation from the landmark Respect@Work report.
Victoria Legal Aid Special Advisor Melanie Schleiger says the costs protection amendment will make an enormous difference.
‘The changes will mean that applicants won’t have to risk financial ruin just to enforce their rights under anti-discrimination law.’
Costs protection is especially important for individuals in low-paid and precarious employment, which often translates to lower awards of compensation.
What they are awarded is often quickly eroded by legal costs in litigation. Even when they win, there is no guarantee a victim-survivors’ costs will be covered and they may be left out of pocket.
‘Many of our clients choose not to proceed with seeking legal justice, because of their legitimate worries about financial risk to their future well-being, and that of their families,’ says Melanie.
‘Over the past 10 years our Equality Law Program has provided over 12,500 legal advice sessions and run over 1000 case files on discrimination matters. But during that time only four of our clients proceeded to hearing and final judgment.
‘The changes address the power imbalance between victim-survivors and their employers – who often have legal teams and large budgets to defend claims.'
The changes make it possible for victim-survivors to contemplate legal proceedings. These proceedings play an important role in shaping the broader cultural and community change needed to prevent and address sexual harassment and discrimination.
We advocated strongly for this reform as part of the Power to Prevent coalition. The coalition includes 85 diverse community organisations, including lawyers, unions, academics, peak bodies, health professionals and victim-survivors of sexual harassment.
Victoria’s current public intoxication laws have had an unacceptable and disproportionate impact on the state’s Aboriginal and Torres Strait Islander communities, which is why from 7 November 2023, being intoxicated in public will no longer be a criminal offence.
This reform responds to extensive Aboriginal community advocacy and action and key recommendations from the Royal Commission into Aboriginal Deaths in Custody.
As we make the transition from the current justice response to a health-led response to public intoxication, a range of new services will be available across the state for people who find themselves intoxicated, and in need of help.
The new health-led model will see outreach services supporting people who are intoxicated in public in the areas they are needed most, and if needed, providing them with transport to a safe place.
For many people, this will be their own home or that of a family member, friend or carer. For others, it will be a sobering service or a place of safety, which are culturally appropriate and safe spaces they can recover and receive support.
The health-led model prioritises services for the Aboriginal community, in acknowledgement of the disproportionate impact public intoxication laws and police interactions have had on Aboriginal people.
Ambulance Victoria and Victoria Police will continue to help Victorians as they normally would in instances where there are emergency health or community safety risks.
For children and young people growing up in divorced or separated families, ICTs offer a way of maintaining contact with parent/carers and enhancing parent–child relationships (Russell et al., 2021; Smyth & Fehlberg, 2019). ICTs include hardware (such as mobile phones or computers) and software (specific app or program types enabling email or video calling) and are used to communicate, share information and maintain social relationships (Baude et al., 2023).
Post-separation contact between parents and children often entails custody or residential arrangements where children split their time between parent/carers and may physically spend more time with one parent/carer than another. Hence, contact through ICTs, whether it be phone calls, video calls or text messages, is an important form of communication and relationship maintenance (Holt, 2016; Smyth, 2005). ICT use may be especially important when separated parent/carers live in different locations and/or children have longer periods of absence from one parent or carer.
In the context of post-separation, children commonly use ICT to communicate with both parents (not only with the non-resident parent) (Saini et al., 2013; Saini & Polak, 2018). Parents also commonly favour ICT as a method of communication between children and/or the other (non-resident) parent (Dworkin et al., 2016).
For child and family practitioners planning intervention strategies that aim to enhance parent–child contact and communication, it is essential to understand the role of ICT use in post-separation communication between children and separated parent/carers. This can include knowing what digital technology types are commonly used to maintain contact and parent–child relationships and specific issues associated with such forms of contact in the context of post-separation contact.
This article summarises the findings of a systematic review by Baude and colleagues (2023) of studies that focused on technology facilitated communication between parents and children. Baude and colleagues (2023) reported on the use of a range of device and technology types, including email, texting, instant messaging, web cam or video conference, and the sharing of photos.
Their review synthesised findings from 11 studies that were undertaken between the late 1990s and 2020 and focused on communication in 2 contexts: parental separation and child placement in foster or substitute care. For this resource, we focus on their review findings of 6 studies that dealt specifically with communication following parental separation. These studies were conducted in Canada, the USA and the UK and included children and their parent/carers and professionals (legal and mental health).
If you would like to make a submission for a future Bulletin please email us at vicpathwaysmelb@catholiccarevic.org.au.
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