pARt 6 MAnAGeMent AnD AccountABilitY - Family Court of Australia

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• s 69ZU of the Family Law Act 1975 as to sworn evidence and whether that section requires familyconsultants to swear affidavits if child and family issues assessment reports and family reports are tobe relied upon in court• the ‘permission rule’ with respect to subpoenasand also:• looked at interest rates, and• prepared miscellaneous Rules amendments.Law Reform CommitteeThe Law Reform Committee identified matters for amendment in family law legislation and providedinput in relation to various amendments under consideration. It also considered and, where appropriate,commented on the following.Law reform and legislation• Access to Justice (Family Court Restructure and Other Measures) Bill 2010• Access to Justice (Family Court Restructure and Other Measures) Bill 2010: Application, Saving andTransitional Provisions Bill 2010• Civil Dispute Resolution Bill 2010• draft bill on Court Suppression and Non-Publication Orders• drafting instructions on a bill to respond to the High Court’s decision in MRR & GR [2010] HCA 4• Federal Justice System (Efficiency Measures) Bill 2009 (‘Black and Black amendments’)• Parliamentary (Judicial Misbehaviour or Incapacity) Commission Bill 2010• Trans-Tasman Proceedings Bill 2009• Uniform Evidence Bill developed by the Standing Committee of Attorneys-General (SCAG) and theEvidence Regulations 1995• proposed amendments for inclusion in a Family Law Amendment Bill 2010, and• proposal to enhance family dispute resolution.PART 6 MANAGEMENT AND ACCOUNTABILITYIssues papers and reports• National Alternative Dispute Resolution Advisory Council report, The Resolve to Resolve: EmbracingADR to Improve Access to Justice in the Federal Jurisdiction, September 2009.• Family Courts Violence Review—a report by Professor Richard Chisholm, 27 November 2009.Family Violence CommitteeThe Family Violence Committee was reconstituted as a joint committee of the Family Court and FederalMagistrates Court after the release of these reports on 28 January 2010:• Evaluation of the 2006 Family Law Reforms by the Australian Institute of Family Studies• Family Courts Violence Review by Professor Richard Chisholm, andFamily Court of Australia — Annual Report 2009–2010107
• Improving Responses to Family Violence in the Family Law System by the Family Law Council.The Committee’s principal responsibility is to complete the implementation of the Court’s Family ViolenceStrategy and provide advice to the Chief Justice, Chief Federal Magistrate and CEO on family violenceissues.During the year the Committee established sub-committees to consider each of the above reports. Inaddition:• a separate sub-committee was reviewing and updating the Family Court’s Family Violence Strategywith a view to expanding the strategy to encompass the Federal Magistrates Court• another sub-committee was reviewing the Family Court’s Family Violence Best Practice Principles toextend their ambit to the Federal Magistrates Court and to take account of changes in practice andprocedure in both Courts, and• the Committee coordinated a response to the Australian Law Reform Council/NSW Law ReformCouncil’s consultation paper, Family Violence: Improving Legal Frameworks (a document of morethan 1000 pages).PART 6MANAGEMENT AND ACCOUNTABILITYAboriginal and Torres Strait Islander CommitteeIn 2008–09, the Family Law Courts Advisory Group agreed to establish a joint Family Court-FederalMagistrates Court Indigenous Working Group to examine the needs of Indigenous people in theFamily Law Courts. The Group became a formal committee of the courts in April 2010. The Committeeconsidered:• the impact of the shift in the provision of services to Indigenous clients, previously provided byIndigenous Family Liaison Officers of the Family Court, to Family Relationship Centres• how to manage applications for parenting orders concerning residence, contact and specific issuesas a result of traditional and customary adoption practices by Torres Strait Islanders (Kupai Omasker)• how to meet the needs of Indigenous clients of both courts within existing resources, includingrecommendations as to how the Courts can ensure proper information is provided to this clientgroup, internally and externally, and• the development of a joint Reconciliation Action Plan, as required by Government, which identifiesthe steps the Courts will take to build relationships and enhance respect with IndigenousAustralians. It will include areas such as building relationships with the Indigenous communities,staff education, attracting and retaining Indigenous staff and ensuring that judges and familyconsultants have access to appropriate expertise to deal with Indigenous families.During 2009–10, the Committee engaged Stephen Ralph, an independent Aboriginal consultant withextensive experience in working with Aboriginal and Torres Strait Islander families in the area of familylaw, to undertake a study of the views and experiences of Aboriginal and Torres Strait Islander familieswho had recently been involved in family law proceedings. The research was to examine the interfacebetween Indigenous families and the Family Law Courts, including issues of access to justice and stepstowards improved service delivery. At 30 June 2010, it was anticipated that the results of the researchwould be published in early 2011.Other initiatives of the Committee during 2009–10, in consultation with the Courts’ Communication108 Family Court of Australia — Annual Report 2009–2010
Page 7 and 8: The Honourable Justice Nahum Mushin
Page 9 and 10: Executive Director Information, Com
Page 11: • National Case Management Commi
Page 15 and 16: • Acting Executive Director, Cli
Page 17 and 18: • Chief Executive Instructions
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Page 21 and 22: Family law services reviewOn 24 May
Page 23 and 24: Family consultantsIn October 2009,
Page 25 and 26: The review showed that the program
Page 28 and 29: Staffing profileAt 30 June 2010, th
Page 30 and 31: Chief Executive Officer. SES salari
Page 32 and 33: structure through a more integrated
Page 34 and 35: Judges and support: All employee an
Page 36: • four new consultancy contracts

pARt 6 MAnAGeMent AnD AccountABilitY - Family Court of Australia

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