✦ Plain-English Summary

Family Law Amendment (Risk Screening Protections) 2020

What it does

When the Family Court assesses whether domestic violence risks exist in a case (to work out how urgently it needs to be heard), this bill protects all the information gathered during that screening process from being used as evidence in the actual court hearing. It also stops court staff, counsellors, and anyone else involved in the screening from being forced to repeat what they heard or saw during that assessment.

Why it matters

This encourages people to be completely honest when talking to screeners about family violence concerns—they won't worry that their words will be used against them later in court. It also protects vulnerable people from having their experiences rehashed multiple times through the legal process, which can be re-traumatising.

Key details

• Who it affects: Anyone going through Family Court or Federal Circuit Court proceedings where domestic violence screening happens
• What's protected: Everything said, written, or observed during the risk screening—screeners can't be cross-examined about it in court
• When it started: 7 days after the bill received Royal Assent (it passed the Senate and became law in 2020)
• The catch: The protections only kick in fully once the new Federal Circuit and Family Court of Australia Act 2020 also commences

Official Description

Amends the Family Law Act 1975 to provide that: family risk screening information is confidential and cannot be disclosed except in limited circumstances; family safety risk information is inadmissible in court, except in limited circumstances; and court workers (such as registrars and family counsellors) have immunity when involved in family risk screening procedures.

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

No votes yet.

No votes were recorded for this bill.