The ALRC says children risk falling between the gaps of federal family law courts and state-based child protection regimes.Credit:Angela Wylie
The"insidious and increasing scourge of family violence in Australia over the past 40 years could not have been envisaged"when the Family Court of Australia was set up in 1976,the ALRC said in its report.
It made 60 recommendations for reform,including a new national information-sharing framework covering police and child protection records.
Currently,disputes spanning family law,violence and child abuse require the involvement of federal and state courts and the ALRC said children risk"falling through the gaps"between the two systems.
State and territory-based courts deal with child protection matters and domestic violence orders,while the federal family courts – the Family Court and Federal Circuit Court – deal with property disputes and child custody cases.
The ALRC said state and territory courts were better connected to their local welfare and protection agencies and it was"extremely difficult"to achieve this at a federal level.
Under the new structure,appeals from state and territory-based family courts would be heard by a division of the Federal Court. Federal family courts – the Family Court and family law work undertaken by the Federal Circuit Court– would be abolished.
Legislative responsibility for family law would remain with the Commonwealth but state and territory courts would be given the power to exercise jurisdiction under the federalFamily Law Act.