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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Family Law Amendment (Review of Government Support for Single Parents) Bill 2018
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Andrew Wilkie MP
Family Law Amendment (Review of Government Support for Single Parents) Bill 2018
OUTLINE
This bill seeks to amend the Family Law Act 1975 to require the Australian Institute of Family
Studies to conduct a review to report on the impact of the 2013 decision by the then Government to
transfer certain parents from Parenting Payment to Newstart when their youngest child turns eight.
The review would also consider the high rates of poverty in single parent households, what effect
the current rates of government pensions and payments have on this, and what the Government can
do to better support single parents. The review enabled by this bill would be required to presented in
a written report within six months to the Minister and tabled in both Houses of Parliament.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short title
1. This clause is a formal provision and specifies the short title of the Act as the Family Law
Amendment (Review of Government Support for Single Parents) Act 2018.
Clause 2: Commencement
2. This clause provides for the commencement of the Act on the day on which it receives
Royal Assent.
Clause 3: Schedules
3. This clause establishes that, as the intent of the bill is to be realised through amendments to
another Act, the schedules of this bill will amend that Act accordingly.
Schedule 1: Amendments
Family Law Act 1975
Item 1: At the end of subsection 114B(2)
1. Section 114B of the Family Law Act 1975 establishes the Australian Institute of Family
Studies and subsection 114B(2) sets out the functions of the Institute. Item 1 adds a further
function of the Institute which is to conduct the review set out in this bill.
Item 2: After section 114B
2. Item 2 inserts a new section 114BA into the Act, which sets out the requirements for a
review.
3. Subclause 114BA(1) sets out the terms of reference for the review.
4. Subclause 114BA(2) requires the Director of the Institute to provide the Minister with a
written report of the review within six months after this Act commences.
5. Subclause 114BA(3) requires the Minister administering the Act to cause copies of the
report to be tabled in each House of Parliament within 15 sitting days after the report is
given to the Minister.
6. Subclause 114BA(4) defines social security benefit and social security pension, which are
referred to in subclause 114BA(1)(b), as having the same meaning as in the Social Security
Act 1991.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Family Law Amendment (Review of Government Support for Single Parents) Bill 2018
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the bill
This bill seeks to amend the Family Law Act 1975 to require the Australian Institute of Family
Studies to conduct a review to report on the impact of the 2013 decision by the then Government to
transfer certain parents from Parenting Payment to Newstart when their youngest child turns eight.
The review would also consider the high rates of poverty in single parent households, what effect
the current rates of government pensions and payments have on this, and what the Government can
do to better support single parents. The review enabled by this bill would be required to presented in
a written report within six months to the Minister and tabled in both Houses of Parliament.
Human rights implications
This bill engages positively with, among others, Article 23 of the International Covenant on Civil
and Political Rights (the right to protection of the family), article 9 of the International Covenant on
Economic, Social and Cultural Rights (the right to social security), article 10 of the International
Covenant on Economic, Social and Cultural Rights (the right to protection of and support for the
family, parents and children), and article 27 of the Convention on the Rights of the Child (the right
for children to have access to necessary living conditions).
Conclusion
This bill is compatible with human rights because it strengthens human rights.
Andrew Wilkie MP