For the Latest News and Information Please See Below

e-Newsletter January 2017

Hi All,

For the latest news and information please see below.

Uncertainty and Change Forecast for NFP Sector in 2017: Ellie Cooper: Pro Bono: 10 Jan

Experts have predicted that a “negative environment” will surround the not-for-profit sector this year, but advised organisations to use it as an opportunity to push for social change. Not-for-profit organisations faced a turbulent 2016, which included a double dissolution election, the return of Pauline Hanson, Brexit and Trump.

The sector rallied, going against the odds to make a difference in the lives of Australians, all while increasing their public trust in an age of post-truth.

But the chaos experienced last year is only expected to pick up pace in 2017. Not for profits will face challenges from the “unfairness” and “ineptitude” of government, and their services will become increasingly stretched as the number of disadvantaged Australians grows.

“In 2017 the NFP sector is going to be dealing with increasing levels of uncertainty and accelerating rates of change,” Community Council for Australia CEO David Crosbie told Pro Bono News. He said the actions of the government would negatively impact the work of not-for-profit organisations. “The capacity of government to develop evidence-based policy, enact the policy through parliament and successfully implement and evaluate their activity is at an all-time low,” he said. Confidence and trust in government – already at an all-time low – will continue to diminish, which may lead to more attempts to restrict the public advocacy of charities and not for profits. “The already established pattern of shooting the messenger and blaming others when government unfairness or ineptitude is exposed will only increase as the government’s political situation deteriorates.” Not all hope is lost, however. Crosbie encouraged organisations to use their strong standing in society to advocate for a better Australia. “While in many ways this will create a negative environment for the NFP sector over the next 12 months, it also offers a very real opportunity for the NFP sector to leverage our high levels of public trust and confidence to push for and implement real change,” he said. To read the complete article please click on Pro Bono

Reminder: “Parenting orders- what you need to know” Handbook

In October 2016 the Attorney General’s Department released “Parenting Orders – what you need to know”. This Handbook is aimed at helping separated parents to agree on arrangements for their children, and support them to develop workable parenting orders. It has been designed to assist parents to understand the key legal principles that need to be considered when developing parenting orders. But every family is different, and so the Handbook also provides examples and tips to guide parents on deciding what orders are best for their children. The online version of the Handbook can be found by clicking on Parenting orders - what you need to know

Reminder: Changes to the Domestic and Family Violence Protection Act 2012: Department of Communities, Child Safety and Disability Services

On 11 October 2016, the Queensland Parliament passed the theDomestic and Family Violence Protection and Other Legislation Amendment Bill 2016 (PDF), which made significant amendments to the Domestic and Family Violence Protection Act 2012to better protect victims of domestic and family violence and their families, hold perpetrators to account for their actions and support the delivery of integrated service responses.

Key improvements include:

• introducing a framework which enables key government and non-government entities to share information for the purpose of assessing risk and responding to serious domestic violence threats
• expanding the protection police officers can provide to victims prior to the court deciding whether to make a domestic violence order (DVO)
• requiring the court to focus on the protection needed by a victim in determining the appropriate duration of a protection order
• requiring the court to consider any existing family law parenting order it is aware of and whether that order needs to be varied or suspended if it is inconsistent with the protection needed by the victim or their children
• increasing maximum penalties for breaches of police protection notices and release conditions to achieve consistency with the penalty for breachinga DVO.

The amendments also implement model laws endorsed by theCouncil of Australian Governments to enable Queensland to participate in the National Domestic Violence Order Scheme. This scheme will provide for the automatic mutual recognition of DVOs made across Australia.

These changes represent the next stage of legislative reform to implement Recommendation 140 in the Taskforce's report, and build on priority amendments already enacted in 2015.

For further information about the changes:

• download theDomestic and Family Violence Protection and Other Legislation Amendment Bill 2016 fact sheet (PDF, 100 KB)
• read the Ministerial media statement.
• Original information from the Department of Communities, Child Safety and Disability Services.

Child Maintenance TrustsBy Paul Salinas, Family Lawyer and Superannuation Expert at Farrar Gesini Dunn: Law Chat Blog: 9 Nov 2016

Anyone with children will tell you they are expensive and that expense only increases following separation where there is now the added burden of managing two separate households. Yet it is particularly following separation that parents feel pressured to maintain the lifestyle that their children were accustomed too prior to separation. No one wants to tell their child that they now can’t play soccer, have piano lessons or go away on holidays because Mum and Dad have separated and they can’t afford it any more. For some people there is a solution that will help their money to go further. That solution is called a Child Maintenance Trust.

In most family trusts minor children who are beneficiaries are taxed at a rate of 47% for every dollar over $416 per annum. There is an exception however if you set up a Child Maintenance Trust. In a Child Maintenance Trust minor children are taxed the same way as adults and therefore have the same marginal rates and tax free thresholds. Let’s look at the difference below where, say, you wanted to pay $20,000 per annum to cover child support and school fees for each of your three children. What would be the difference if that income was coming out of your salary (disregarding that you have additional income at higher marginal rates) as opposed to income being paid out of a Child Maintenance Trust in distributions in the same amount:

Salary $60,000Child Trust Maintenance Distributions $60,000

Less Tax on salary - $11,507 Less Tax on Distribution -$1,134

Balance $48,493Balance $58, 866

Of course you would need to have sufficient assets or cash available to settle into the trust to ensure that there was sufficient income and capital to earn an income of $60,000 per annum. It allows parents to access the lower marginal tax rates of their children. It allows them to put aside property to ensure that their children are going to be looked after. As it is in a trust it won’t be subject to the risk that the payer’s income may fluctuate particularly if they are self-employed. and ensures there will be pool of funds available to ensure the children are looked after. It also gives the parent who is normally the payee for child support certainty that child support won’t stop. It can also be useful where the payer might live overseas or have most of their assets overseas. For the payer it can give them some comfort that they will be able to see that the funds settled for the children are actually being spent for the benefit of the children. To access the complete article please click on Wolters Kluwer I Central - Law Chat Blog

Child maltreatment and problem gambling:Child, Family, Community Australia(CFCA): 2 November 2016

Child abuse is associated with an increased risk of gambling problems in adulthood, according to a systematic review published recently in the journal Child Abuse and Neglect. The association was significant for multiple forms of maltreatment, including physical abuse, sexual abuse, neglect and psychological maltreatment. For the review, comprehensive searches were conducted across a number of health science databases, with a total of 23 articles included in the data synthesis after inclusion and exclusion criteria were applied. No randomised controlled trials were found, but a number of cohort studies were included in the review.

Interestingly, the association between childhood maltreatment and problem gambling in adulthood did not remain when mental disorders, such as mood and anxiety disorders, were present. The authors suggested that mental disorders may somehow serve as mediators in the development of problem gambling after maltreatment, or child maltreatment is a shared cause of both gambling and mental disorders. Other factors may also mediate the risk of problem gambling in childhood victims of abuse, such as problems with impulsivity. Evidence regarding the extent to which adult problem gamblers are at risk of maltreating their children was also examined. The evidence was limited, with only three studies included in the review. Two of the studies showed associations between problem gambling and physical abuse of children. The remaining study showed an association between problem gambling and increased risk of childhood scabies and ear infections in children. To read the complete article please click on CFCA

Service Information

Fridays for Families – Depot Hill State School would like to invite Service Providers to exhibit at the Depot Hill State School on Friday afternoons from 2.45-3.30pm. This will be a regular timeslot each Friday, beginning Friday 3rd February. The school would like to foster closer links with service providers and provide an opportunity for Services to share their information with the families at the School. Many of our families would benefit greatly from the service which are available but due to their personal circumstances are unable to access them. The aim is to have information readily available so that parents can talk to a service provider as they pick their children up from school. We have some seats and tables available or you may wish to provide your own marquee, table and chairs.

For more information, please contact Elizabeth Jacobson on 0437522944 or

Australian Red Cross – Transition from Referral for Active Intervention (RAI) to the Intensive Family Support (IFS) Program complete.

Towards the end of 2016 Red Cross transitioned from the RAI program to IFS. The IFS program provides case management support to families with children aged unborn – 18 years in the Rockhampton area. Participation is voluntary. Case Managers build on each families own strengths focussing on the individual needs of each child, of the child within the family and the family within the community.

Contact Information: 4 Aquatic Place, ROCKHAMPTON 4700. Ph.: 4836 4980. Fax: 4836 4991.

For more information on the roles and functions of an Intensive Family Support Service, please see IFS

Departure of a long term sector member

After 20 years Merridy Godwin is leaving Rockhampton for the NSW Northern Rivers, but if you wish to keep up contact with her, please email or phone 0418114512.

News

Jail time for texting ex, leaving her lingerie and flowers:Emily Burley: The Queensland Times: 11th Jan

When the court says not to text your former partner, don't. A Gladstone man learnt this lesson the hard way after facing Gladstone Magistrates Court on four aggravated breaches of a domestic violence order. The court heard the man, 59, had been in contact with his former partner four times between December 29 last year and January 9. On one occasion he left women's underwear and flowers outside her home. Another time, he spoke to her through a fence separating her home and a local hotel. The final straw was a text message conversation between the two, which led to the man's arrest.

Prosecutor Gavin Reece said when police examined the man's phone, they found a 37-minute phone call had taken place between the two, about the time of the texts. Lawyer Jun Pepito said both parties had been initiating contact. "They're as bad as each other," Mr Pepito said. Magistrate Melanie Ho likened the behaviour to stalking, and said the man's alcoholism was probably a factor in the offending. "It doesn't matter what she says, you must go another way," Ms Ho said. See The Queensland Times.

Queensland policeman charged with domestic violence:The Queensland Times: 13th Jan

A Queensland Police senior constable has been stood down after for allegedly breaching a domestic violence order. According to police, the 36-year-old was not on duty at the time of the alleged offences. Police did not release any details of where the officer worked, except to say he was part of the "Northern Region" which includes areas from Townsville north, and west to the Queensland-Northern Territory border. The senior constable is due to face court in Cairns on February 2. The Queensland Times

Court Decisions of Interest

Appeals Court Judgements

Hutcheson & Meli [2016] FamCAFC 25807 Dec 2016

FAMILY LAW – APPEAL – CHILDREN – INTERNATIONAL RELOCATION – Where orders were made permitting the mother to relocate the child’s residence to the United Kingdom – Where the trial judge found that the mother would suffer serious psychological detriment if she were required to remain in Australia – Where the father asserts that there was no evidentiary basis for the trial judge’s findings – Where the trial judge was stating the conclusion of her evaluation of the evidence – Where the evaluation of evidence and the weight attributed to it is a matter for the trial judge –Where decisions in children’s matters will invariably involve a measure of prediction about the future – Where it was open for the trial judge to reach such a conclusion – Appeal dismissed.

FAMILY LAW – APPEAL – COSTS – Where the appeal was wholly unsuccessful – Where the father conceded that if the appeal failed he could not argue against the mother’s application for costs – Costs ordered.

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – COSTS – Where there was an application for dismissal of the appeal and an application for extension of time before the Court – Where orders on the applications were made on the hearing of the appeal and costs of the applications were reserved – Where both applications resulted from the father’s solicitor’s default in failing to file the summary of argument in accordance with the procedural orders – Where the summary of argument was not filed until the morning of the appeal despite numerous communications from the Appeals Registrar about the issue – Where it is appropriate that an order for costs be made personally against the father’s solicitor – Whether an order for indemnity costs is warranted – Where costs on an indemnity basis are awarded only in exceptional cases – Where the solicitor’s default is not such as to warrant a departure from the usual rule that costs are ordered on a party/party basis – Costs ordered against the father’s solicitor personally.

First Instance Judgements

Re: Dallas [2016] FamCA 1131 08 Dec 2016

FAMILY LAW – CHILDREN – Gender Dysphoria – Where the parents sought a declaration that the child was competent to consent to phase 2 treatment for Gender Dysphoria – Where the child has not undergone phase 1 treatment for Gender Dysphoria – Where the Secretary of Department gave instructions not to intervene – Declared that the child is competent to consent to phase 2 treatment – Order made suppressing the identities of the parties and the publication of any information that would identify them.

Re: Lucas [2016] FamCA 1129 22 Dec 2016

FAMILY LAW – MEDICAL PROCEDURES – Gender dysphoria – Gillick competence – where all parties agree the child is Gillick competent – where despite no dispute about it, the child needs the court’s permission

FAMILY LAW – LAW REFORM – Re Jamie – where the proposed therapeutic treatment is within ordinary parental responsibility – where no court involvement is required – where there is a need for reform – where there is a need for statutory intervention in order to undo the effects of Re Jamie

Resources

Centrelink Overpayments:National Welfare Rights: 9th January

Since July 2016 the Department of Human Services/Centrelink has used a new online system to obtain information from people whose Australian Taxation Office (ATO) records do not match the employment income they reported to Centrelink. It also assesses and calculates any debts they owe. If someone receives a letter from Centrelink telling them to go onto myGov to confirm their income, or are contacted by a debt collector about a Centrelink debt assessed by the online system, this factsheet explains the letters they receive, how the online system works, and where they can find help.