Advisory Panel to Reduce Violence Against Women

e-NewsletterMay 2015

Hi All,

CQFLPN would like to congratulate local psychologist,Mr Ed Mosby from HelumYumba on his recent appointment to the Prime Minister’s Advisory Panel to reduce violence against women.

For more on the latest information on the sector, please see below.

Advisory Panel to reduce violence against women

Prime Minister Tony Abbott has announced the members of the specifically convened Advisory Panel to reduce violence against women.

The panel will advise the Council of Australian Governments (COAG) on the issues relating to domestic and family violence and will provide recommendations to Governments to assist in determining the best response. It will run for up to 18 months and will immediately begin advising COAG on ways to reduce violence against women; it is scheduled to report back to COAG by the end of 2015. COAG will then execute an agreed upon national domestic violence order (DVO), develop national standards for intervention and accountability of perpetrators and enact a national approach to dealing with issues of online security to prevent newer forms of abuse.

The panel was nominated by each State and Territory and has specialised knowledge across domestic and family violence, sexual assault, online safety, violence within Indigenous and culturally and linguistically diverse communities, and people with disabilities.

The full membership of the Advisory Panel is:

(Chair) Mr Ken Lay APM(Chair) Ms Rosie Batty

(Deputy Chair) Ms HeahterNancarrow(Deputy Chair) Ms. Julie Oberin

Ms. Tracy HoweMr. Ed Mosby

Dr. Vicki HovaneMs. Maria Hagias

Commissioner Darren Hiine APMMs Sue Salthouse

The Hon Bess Price MLA

Upcoming CQFLPN Training Events

Forensic Family Assessment Training. Places available.

The Child Dispute Services of the Federal Circuit Court of Australia in conjunction with the Central Queensland Family Law Pathway Network will be conducting a training program in forensic family assessments in Rockhampton on the 24th and 25th June 2015 at the Parish Centre (St Joseph’s Cathedral grounds), 169 William Street.

Enquiries to: David HugallPh: 07 32482315

Email:

The Standards for Family Assessment – info and networking. Places available.

CQFLPN Social, Networking and Learning evening June 24th featuring an Information session onThe Standards for Family Assessment presented by David Hugall. Regional Coordinator Child Dispute ServicesFamily Court and Federal Circuit Court. The Parish Centre (St Joseph’s Cathedral grounds), 169 William Street. Building is to the left of the Cathedral when entering from William Street.

Parking to the rear of the Cathedral or along Murray Street.To register attendance please contactSandy 4939 4504 mobile 0407 178 597

Motivational Interviewing (Introductory) Fully booked

Motivational Interviewing (Introductory) Friday 3rd July: 9:00 registration : 9:30am start break around 10.30 and 12:00pm finish. The Frenchville Sports Club, 105 Clifton St Nth Rockhampton.Please contact Sandy via email r call 4939 4504. Supported by Uniting Care Community, Lifeline, Relationships Australia and CCDA

Motivational Interviewing (Advanced)Fully booked

Motivational Interviewing (Introductory) Thursday 6th August: 9:00 registration : 9:30am start : 3.30pm finish. The Frenchville Sports Club, 105 Clifton St Nth Rockhampton. Please contact Sandy via email r call 4939 4504Supported by Uniting Care Community, Lifeline, Relationships Australia and CCDA.

Immunisation and Family Law.Simon Creek My Family Law (extract)

It is becoming more commonplace for separating or separated parents to disagree on the issue of whether to immunise their children,or whether to continue to immunise their children once they have commenced the program of immunisation. A parental conflict over immunisation also comes into play when parents seek to travel with their children to a destination that carries a strong recommendation regarding immunisation against certain diseases.If either parent files an application in the Family Court seeking orders that a child be immunised, or alternatively seeking an injunction preventing the other party from immunising a child the conflicted couple will find themselves before the Family Court.

There have been a number of Family Court decisions in recent years dealing directly with immunisation in the context of an overarching parental conflict. The decisions in these cases provide very helpful guidance to parents who find themselves involved in proceedings over the issue of immunisation. To read the complete article and the decisions please click on My Family Law

Consultation on proposed amendments to laws governing pre-nuptial agreements open

On the 30th of April, Senator, The Hon George Brandis QC released an exposure draft of proposed legislative amendments to the binding financial agreement provisions of the Family Law Act 1975. The Australian Government is seeking feedback on this exposure draft which aims to address uncertainty in the use of these agreements. Binding Financial Agreements are out-of-court, private agreements between people that outline how property and other financial matters will be dealt with in the event of the breakdown of a marriage or de facto relationship. These are colloquially known as pre-nuptial agreements.

The proposed amendments seek to remove existing uncertainties around requirements for entering, interpreting and enforcing agreements. They would also make changes to the coverage of spousal maintenance matters in agreements and introduce a statement of principles to outline their binding nature. The amendments will reinforce that the provisions are intended to offer certainty to parties.

The aim of the proposed amendments is to ensure that prospective, current or former parties to a marriage or de facto relationship can take responsibility for resolving their financial and maintenance matters without involving a court.The exposure draft and consultation paper are available on the Attorney-General’s Department website.

Federal Budget cuts to community legal centres: Liana Buchanan. Alternative Law Journal.

In the week of the May Federal Budget, community legal centres learned of several decisions they say will cut free legal help and further reduce access to justice.

Fifty seven centres across Australia have been told they will lose funding in 2015–16 and 2016–17. These cuts represent a funding loss in each of those years of around $6 million and will affect the last two years of four-year funding agreements signed by the former government. This funding has been used to open new outreach offices, provide new family violence duty lawyer services, extend advice clinics for the homeless and deliver other, much needed frontline services.

Cuts to the 57 centres are part of a broader $43.1 million cut to legal assistance services — including the Environment Defenders Offices, Public Interest Advocacy Centre, Family Violence Prevention Legal Services and Aboriginal and Torres Strait Island Legal Services — announced in December 2013.

In addition, the Budget disclosed new cuts planned for community legal centres in 2017–18. This will see Commonwealth funding for community legal centres reduced by over 26 per cent between now and 2017–18. The cuts have occurred in the context of acknowledged unmet demand for legal help, a review of the National Partnership Agreement on Legal Assistance Services and the current Productivity Commission Inquiry into Access to Justice Arrangements. To read the complete article please click on Alternative Law Journal

Declared to be the fatherFamily Flyer 247

The Family Court has the power to declare a man the father of a child even if he refuses to participate in a court application, or undergo a DNA test.

The court recently heard a mother’s application for a “declaration” that a man was the child’s father so that the mother could lodge a Child Support application.

Facts:

• The mother tried to lodge an application for child support with the CSA. This was not accepted as there was no evidence as to who the father was.
• The mother made an application to the Family Court seeking a “declaration of paternity” against the man. Her application set out the details of her relationship with the man.
• The alleged father was informed of the court date but did not attend.
• The court ordered that the mother, child and alleged father all undergo DNA testing. The alleged father did not participate in the DNA testing.
• The Family Law Act provides that an alleged father who fails to comply with a DNA testing order is deemed to have failed the test.

Court Order:

• A declaration that the man was the father of the child.
• A declaration that the man should be assessed for child support by the CSA.
• A cost order against the man, for the cost of the mother’s court application and the DNA testing, in the sum of $6,300 with one month to pay. Source: Family Flyer 247

Aboriginal and Torres Strait Islander Cadetship Program

Child Safety Officers work with vulnerable children and their families to ensure parents receive the support they need to safely care for their children. It can be a complex and challenging career, but also highly rewarding.

The Department of Communities, Child Safety and Disability Services is offering cadetships to support Aboriginal and Torres Strait Islander university students in their final year of study in either a Bachelor of Human Services or Bachelor of Social Work.

They offer cadets:

• financial support, including paid university fees and text book allowances
• academic support and pastoral care
• coordinated field placements
• assistance with applying for employment with the department following graduation.

This is a great opportunity for Indigenous university students to gain valuable knowledge and experience for a rewarding career as a Child Safety Officer.

Service Information

Children’s Contact Service

Type of Contact / Days of Operation / Hours of Operation
Assessment Interviews / By appointment only / By appointment only
Facilitated Changeovers by appointment with supervisor / Monday to Friday / 9:00am – 5:00pm
Supervised Contact by appointment with supervisor / Monday to Sunday / 9:00am - 5:00pm

Note

Appointment times for contact/changeovers are arranged to suit the needs of individual families. These times are negotiated between parents before they begin to use the service. Parents are expected to comply with these terms as part of the service agreement, in order to receive the best service available for their children.

Fees

Administrative Fee / $50 to be paid at the assessment interview.
Changeover / $20 (per parent) for each drop off and
$20 (per parent) for each pick up.
Supervised Contact / $30 per parent per hour, unless there is a written parenting plan or court order stating any variations.
Court Reports / $275.00 (Plus GST)
CCS Review / $35 per review

The CQ Financial Counselling Service

The CQ Financial Counselling Service offers free financial counselling forareas that include:

- Credit/Debt Law- Bankruptcy
- Budgeting- Advocacy
- Consumer Law- Finance Industry Practice

The CQ Financial Counselling Service has moved to Shop 4/72 High Street(on the corner of High and Ford Street, next to Northside Plaza - the office faces Ford Street)North Rockhampton.New Telephone number - 07 4928 1844

For emergencies the Financial Counsellor can be contacted on 0408 761 311.

The office will not be taking appointments until 1st June 2015, but the Salvation Army also have a Financial Counsellor if assistance is required immediately – 4923 5600

.

News

Domestic violence calls going unanswered as demand spikes.Judith Ireland. The Sydney Morning Herald. May 1st

About a quarter of the calls to Australia's national domestic violencecounselling service are going unanswered, as counsellors battle to keep up with a growing number of cries for help.This comes as other state-based domestic violencelinesare reporting a huge increase in calls.Last year, the federally funded1800RESPECT responded to about 55,000 calls, providing professional advice to people who are or have been affected by sexual assault and domestic and family violence.But 18,000 calls went unanswered.

1800RESPECT spokeswomanKaren Willissaid there had been an increase in calls each year since the service began in 2010, noting that as domestic violencehas gained more public prominence in recent years, the calls have increased."We have never caught up," she said.While Ms Willis noted that some people would call back if they didn't get through the first time, for others,"that's actually the last straw". Shesaid an extra $2 million in federal funding would have enabled the service to hire enough counsellors to deal with last year's demand.

This comes as other domestic violence lines, whose representatives were in Canberra onFriday for an annual meeting, reported a spike in demand for their services. To read the complete article please click on The Sydney Morning Herald

Premier to unveil domestic violence recommendations. Sherele Moody. The Queensland Times. 21st May

QUEENSLANDERS will soon see the State Government's response to the premier's taskforce on domestic violence recommendations. While no date has been given, the state's Minister for Women, Shannon Fentiman, told Parliament on Tuesday a response was on its way.

"We are working hard on policies to tackle the scourge of domestic and family violence and will soon be releasing our government's response to the 140 recommendations in the Not Now, Not Ever ... report," MsFentiman said.

She said she was disappointed at Federal Treasurer Joe Hockey's domestic violence budget commitments. Mr Hockey set aside just $16m to a $30 million awareness raising campaign. All the country's states and territories are also contributing to the campaign. "I might say that it was disappointing to see that that was the only mention of domestic and family violence in the Federal Budget," MsFentiman said. To see the original article please click on The Queensland Times

Law firm pushes for domestic violence education in schools. Sherele Moody. The Queensland Times. 21st May

A NATIONAL law firm wants immediate action on domestic violence education in schools. Australian Regional Media, publisher of this newspaper and 11 other regional daily newspapers, has been lobbying the NSW and Queensland governments to put in place compulsory respectful relationship classes in state schools plus domestic violence-focused magistrates. Slater and Gordon's call on Thursday added further fuel to the education fire.

"We must act now and we must act comprehensively to turn those rates around," lawyer Mona Emera said. "As is so often the case with major societal change, education is key." MsEmera said family violence was prevalent across all sectors of society. "Frankly, the rates of domestic and family violence in our society are alarming," she said. To read the original article please click on The Queensland Times

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Court Decisions of Interest

Appeals Judgement

Child Support Registrar & Crowley and Anor [2015] FamCAFC 76 – 06/05/2015 - View PDF

FAMILY LAW – APPEAL – LEAVE TO APPEAL – CHILD SUPPORT – Appeal from the Federal Circuit Court’s judicial review of a Social Security Appeals Tribunal decision – Where the Social Security Appeals Tribunal made a child support departure order in favour of the mother – Where the Federal Circuit Court of Australia overturned the decision made by the Tribunal and substituted its own decision for the decision of the Tribunal – Where the FCCA made errors of law with respect to its interpretation of s 117 of the Child Support (Assessment) Act 1989 (Cth) – Where the Full Court held that a child support departure applicant was required to establish one ground of departure under s 117(1)(b)(i) of the Child Support (Assessment) Act 1989 (Cth), as the Tribunal had previously held – Where the Full Court found that the FCCA had failed to distinguish the difference between the pre-requisite grounds which needed to be established by a child support departure applicant under s 117(2) of the Child Support (Assessment) Act 1989 (Cth) and the countervailing considerations in relation to the non-applicant parent under s 117(4) of the Child Support (Assessment) Act 1989 (Cth) – Where the Full Court found that it is not necessary to calculate arrears of child support for the purpose of considering hardship under s 117(4)(g) of the Child Support (Assessment) Act 1989 (Cth) – Leave to appeal granted – Appeal allowed – Orders set aside.

New First Instance Judgment

AbebeAbebe [2015] FamCA 327 - 8 May 2015 - View PDF

FAMILY LAW – CHILDREN – Best interests – Magellan list – Parental responsibility – With whom a child lives – With whom a child spends time – Where there is one child of the marriage – Where the child has made disclosures about the father – Where the father denies any sexual abuse – Where the single expert opined that if it is accepted that there is an unacceptable risk, that the chid should not spend any time with the father – Where no finding was sought in relation to whether the father sexually abused the child – Where it was found that the child would face an unacceptable risk in the care of the father – Orders made for the mother to have sole parental responsibility and for the child to live with her – Orders made for the child to spend no time with the father.