Address to the Family Pathways Networks forum

Sydney

10 June 2010

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First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

I am pleased to be here this afternoon to discuss the future of the Family Pathways Networks with you. The networks are widely recognised as a key component of the family law system, particularly the way they build collaboration and integration across the professions operating in the system.

Recent reports into the family law system, including the extensive Australian Institute of Family Studies (AIFS) evaluation, show the challenges faced by those working in the area of family law. The report shows that while the majority of separating couples are able to resolve matters between themselves, of those who seek assistance through the family law system around 60 per cent have problematic personal issues.

Many people involved in the family law system have promoted the networks to me as an excellent example of engagement between diverse stakeholders, working to improve outcomes for Australian families. In particular, to secure the best interest of children despite the functionality issue that may confront one or often both parents.

The Government is keen to improve and integrate services within the family law system to improve the experience of ordinary Australians dealing with the justice system. And also to take the opportunity that may arise from the evaluation of individual circumstances to intervene to address those issues giving rise to dysfunctionality, whether due to substance abuse, personality disorder or other personal circumstance.

Family Pathways Networks play a vital role in improving the family law system’s strategic approach to access to justice – to draw together and link to a broad range of support services.

In that context, you may be aware that a report by the Family Law Council’s entitled ‘Improving Responses to Family Violence in the Family Law System’, recommended that family pathways networks be expanded Australia-wide ‘to support cooperation and referrals across the family relationship and family law system’.

The importance of the networks was also highlighted to me in a report prepared by the Attorney-General’s Department following an internal evaluation of the networks conducted late last year. The report showed that while networks might undertake slightly different activities, those activities cater to local circumstances.

The report also highlighted the shared focus on ensuring that network members provide services that are as effective as possible to address the problems faced by families after separation and divorce.

That is why earlier this year I announced a funding package of $2.8 million to increase the number of networks across Australia from 25 to 36 while also expanding the roles and objectives of the networks. This is both an endorsement of existing networks and encouragement for them to be bold in the work they do, including working to address quite problematic personal issues.

I hope the establishment of the new networks will alleviate the existing burden so that they will each be able to focus on the needs of their members in their own locations and surrounding areas.

The funding package also provided an increase in funding for all networks and adopted a set of core objectives for all networks while tasking some with additional objectives to provide coordination and support for other networks.

The final aspect that I would like to discuss is the need for the legal profession to be more closely involved with key stakeholders in the family law system. The traditional adversarial system is not always conducive to achieving the best outcomes when one or other of the parties is facing personal problems.

Lawyers therefore also need access to services to assist in addressing their clients’ personal issues, and also to access alternative dispute resolution services to work though relationship difficulties in a non-adversarial setting. In recognition of this I have changed the official title of the Networks initiative to Family Law Pathways Networks. This does not, however, require networks to change the name they use locally.

Increasingly, the future structure of the networks initiative is for metropolitan and larger networks to take on additional objectives in order to assist smaller networks.

These objectives range from:

I have noted that to some degree there remains a view within both the family relationship sector and legal practitioners that the processes are largely separate and distinct. Indeed some members of the profession regard the FRC process as an unwarranted diversion to getting the matter done and dusted in the family courts.

Obviously in matters of urgency such as domestic violence expeditious access to the courts is essential. But ultimately as professionals everyone in the family law system has an overriding responsibility to work cooperatively to secure the best outcome for each and every child whose immediate destiny will depend on their collective competence and good will.

It is hoped that the implementation of these objectives will build further collaboration, facilitate the sharing of information and enable networks, and professionals, to support each other.

Looking forward, there are a number of challenges facing the family law system. I have touched on these in the broad.

Focusing on the specific, the incidence of violence in family law cases is obviously significant. A large number of parties involved in entrenched and complex cases in the family law system are also often long-term clients of other systems such as family violence and child protection.

Local community stakeholders such as Family Law Pathways Networks play a key role in helping the Government address these issues in the community.

Pathways work in partnership with family violence and child protection agencies to build a better understanding of the interactions within the family law system.

As mentioned, another challenge is the ongoing need to ensure that disputes are kept out of court as far as possible. In the family law area, a great deal of work has already been done to ensure parenting disputes are resolved at the most appropriate level through the use of family dispute resolution services.

I have also recently announced a plan to enhance Family Dispute Resolution by extending the requirement to property and spousal maintenance matters.

The Government is also keen to take these highly successful changes further by introducing amendments giving parties more options for resolving their issues outside of the courts through mediation, conciliation or arbitration or some combination of these rather than being limited to mediation or the family courts.

This means families can choose the process which meets their needs and gives them the best possible opportunity to make arrangements in a low-cost, informal and non-adversarial environment. I anticipate that these enhanced family dispute resolution measures will commence from 1 July 2011 and I hope that this will help to improve outcomes for families.

The Family Law Pathways Networks provide an opportunity to develop a common understanding across the family law system of the options available for families once these measures are implemented.

I expect there has been a great deal of discussion and ideas suggested today on how to implement the new changes to the networks.

I look forward to seeing what the networks will achieve over the next year.

Thank you.