The federal Government has released a draft Family Law Amendment Bill 2023 seeking feedback on the proposed amendments to the Family Law Act 1975 (Cth) (Family Law Act) and Federal Circuit and Family Court of Australia Act 2021 (Cth) (FCFCOA Act). You can access the Exposure Draft and Consultation Paper here: Family Law Amendment Bill 2023 - Attorney-General's Department - Citizen Space (ag.gov.au)

Imagine you are a Practical Legal Training intern at Legal Aid (NSW). You have been asked to review the exposure draft and provide an evaluation of the Bill to the Family Law practitioners in your team.

You should prepare to address the following questions:

1. Introduction to the Draft Exposure Bill - what it is, when it was released, how long it is open for comment. When will the changes commence? Will it affect current parenting orders or parties to proceedings?
2. What is the effect of the amendments proposed to a determination of the child's best interests? What is the rationale for this change?
3. How does the Bill affect the presumption of equal and shared parental responsibility when making parenting orders? Do you think this will create uncertainty for clients who expect a 'level playing field' in parenting matters?
4. Outline three ways that the Bill seeks to better safeguard the interests of vulnerable parties to proceedings.
5. How does the Bill offer greater recognition of Aboriginal and Torres Strait Islander cultural values? Does this go far enough to protect a child's interests in maintaining a connection to culture? Why or why not?
6. Taken as a whole, do you think the Bill is a step forward? Why or why not? How could it be improved?