Improving the family law system for Aboriginal and Torres Strait Islander clients : a report to the Attorney-General

Description

This report responds to the Attorney-General’s request that the Family Law Council (Council) consider the extent to which the family law system meets the needs of Aboriginal and Torres Strait Islander peoples and consider strategies for improvement in this area. Council’s work in response to this reference highlights a range of complex issues embedded in the historical, cultural, socio-demographic and systemic context for the questions raised as part of the reference. Issues and concerns relating to the family law needs of Aboriginal and Torres Strait Islander peoples have been raised by several inquiries, some of which took place more than two decades ago. Attempts to address these issues and concerns, both at the level of policy and practice, have been incremental and in some instances unsustained. Recent developments in policy, most notably the National Indigenous Law and Justice Framework, provide a basis for a more comprehensive response in a wider whole of government policy setting which, since 2002, has been attempting to overcome entrenched Indigenous disadvantage. Council proposes a range of recommendations aimed at strengthening the family law system’s response to Aboriginal and Torres Strait Islander families. In Council’s view, the prevalence of sole-parent headed families and the age profile of relevant communities create significant imperatives to improve access and responsiveness for the generations that will imminently require support, as well as those that already do so. The approach taken to these recommendations is in accord with recently developed policy frameworks. The recommendations in this report respond to a range of needs and issues identified by stakeholders and in the material before Council. Council emphasises that their implementation should be informed by the effective practice principles identified in earlier significant reports and with an awareness of the diversity of Aboriginal and Torres Strait Islander communities. Practice and policy responses should also be developed following an analysis of the specific needs of the communities who they are intended to benefit, conducted in partnership with those communities.

Copyright Information

Copyright The Attorney-General?s Department (this Department) encourages the dissemination and exchange of information provided on this website. The Commonwealth owns the copyright in all material produced by this Department. All material presented on this website is provided under a Creative Commons Attribution 3.0 Australia, with the exception of: ?the Commonwealth Coat of Arms ?this Department?s logo, and ?content supplied by third parties. The details of the relevant licence conditions are available on the Creative Commons website, as is the full legal code for the CC BY 3.0 AU license. CC-By logo Attribution Material obtained from this website is to be attributed to this Department as: © Commonwealth of Australia 2011. Third party copyright Wherever a third party holds copyright in material presented on this website, the copyright remains with that party. Their permission may be required to use the material. This Department has made all reasonable efforts to: ?clearly label material where the copyright is owned by a third party, and ?ensure that the copyright owner has consented to this material being presented on this website. Using the Commonwealth Coat of Arms The terms of use for the Coat of Arms are available from the It?s an Honour website. Contact us Enquiries about the licence and any use of this document can be sent to: Business Law Branch Attorney-General?s Department Robert Garran Offices 3?5 National Circuit BARTON ACT 2600 Telephone: (02) 6141 3556 Email: copyright@ag.gov.au