Letter to Federal Politicians and Signatories

Letter to Federal Politicians and Signatories

A Royal Commission into Australia’s Family Law System is needed

We, the undersigned, call on all federal parliamentarians to commit to an urgent Royal Commission into Australia’s family law system. It is our collective professional opinion that the family law system remains the most dangerous institution for children and families that Australia has ever seen.

Only a National Royal Commission of Inquiry offers a legal framework capable of straddling the significant and complex challenges including constitutional, legal, separation of powers, cross-jurisdictional implications and international obligations.

Catastrophic failures in the current family law system are devastating families and causing lifelong trauma-related dysfunction and at worst leading to the death of children.

The Australian Parliament simply cannot continue to allow this dysfunction to continue any longer.

Article 19 of the United Nations Convention on the Rights of the Child states that,

“States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.”

In October 2018, retiring Family Court Chief Justice John Pascoe publicly voiced the issue of a Royal Commission, describing previous attempts at legislative reform as “tinkering around the edges”, and citing as “deeply problematic” the “divide between child protection and the family law system”. He concluded, “in my view, if legislation and the ALRC do not assuage public concern, it must be time to consider a royal commission into family law”.

13^th June 2018 – former Prime Minister Malcolm Turnbull pledged to make child safety a priority, stating that the Royal Commission into Institutional Responses to Child Sexual Abuse,

“Revealed that for too long the reporting of this abuse was met with indifference and denial by the very adults and institutions who were supposed to protect them. Children’s safety should always be put first and we know, thanks to the royal commission’s work, in far, far too many cases it wasn’t.”

22^nd October 2018 – National Apology, Prime Minister Morrison stated,

“Today we confront a question too horrible to ask, let alone answer: why weren’t the children of our nation loved, nurtured and protected? Why was their trust betrayed? Why did those who knew cover it up? Why were the cries of children and parents ignored? Why was our system of justice blind to injustice? Why has it taken so long to act? Why were others things more important than this, the care of innocent children? Why didn’t we believe?”

22^nd October 2018 – Leader of the Opposition, Bill Shorten, said:

“We are sorry for every childhood stolen, every life lost. We are sorry for every betrayal of trust, every abuse of power. We are sorry for trauma measured in decades, for scars that can never heal. We are sorry for every cry for help that fell on deaf ears and hard hearts. We are sorry for every crime that was not investigated, every criminal who went unpunished. And we are sorry for every time that you were not heard and not believed. We hear you now. We believe you. Australia believes you”.

It is now agreed by many child protection specialists, social commentators, academics, judges, legal and medical professionals, those working within both commonwealth and state child protection bureaucracies, mothers, fathers, grandparents, children and, most recently, UNICEF that the current system is dangerously dysfunctional. It is harming children on a daily basis.

We the undersigned join the chorus of those 115,000 people in the community who have already signed Bravehearts’ Petition for a Royal Commission and call on the Federal Parliament to act on its recently stated commitment to Australia’s children and families and announce an immediate Royal Commission into the family law system of Australia.

It is our hope that you will respond with your commitment to support the Royal Commission into the full breadth of the family law system that this country so clearly needs, including the interactions of our family courts and associated personnel, police and child protection departments. If this is the case, please send your confirmation by 5pm Friday, 7 December, so that we can publicly support and celebrate your leadership on this matter.

Politicians

Ann Sudmalis MP, Member for Gilmore, Liberal Party

Emma Husar MP, Member for Lindsay, Australian Labor Party

Senator Derryn Hinch, Derryn Hinch’s Justice Party

Senator Pauline Hanson, Leader, Pauline Hanson’s One Nation

Senator Peter Georgiou, Pauline Hanson’s One Nation

Andrew Wilkie MP, Independent for Denison

Senator Tim Storer, Independent Senator for South Australia

Senator Brian Burston, United Australia Party

Senator Richard Di Natale, Leader, Australian Greens

Senator Adam Bandt, Australian Greens

Senator Sarah Hanson-Young, Australian Greens

Senator Mehreen Faruqi, Australian Greens

Senator Nicholas McKim, Australian Greens

Senator Janet Rice, Australian Greens

Senator Rachel Siewert, Australian Greens

Senator Jordon Steele-John, Australian Greens

Senator Larissa Waters, Australian Greens

Senator Peter Whish-Wilson, Australian Greens

Senator Rex Patrick, Centre Alliance

Senator Stirling Griff, Centre Alliance

NGOs and Experts

Hetty Johnston AM, Founder and Chair, Bravehearts Foundation Ltd.
Rosie Batty, Anti-Family Violence Campaigner and Australian of the Year 2015
Michelle Wicks, Business Transformation Manager, DV Connect
Barry Williams, National President, Lone Fathers Association Australia Inc.
Professor Warwick Middleton, Chair, Cannan Institute Past President, ISSTD
Leilani Carter, Solicitor, The Advocacy and Support Centre Inc
Dr Anne Butcher, Executive Director, Mackay Women’s Services
Jill Robinson, Executive Officer, Pat Thomas House Inc.
Alice Evans, CEO, True Relationships & Reproductive Health
Mr Ariel C Heber, President, Jewish Care; Queensland Jewish Community Services Inc
Ariel Marguin, President, Justice for Children Australia
Ms Judy McLean, Principal Solicitor & Coordinator, Fremantle Community Legal Centre
Richard Brading, Community Legal Solicitor, Lifeline Harbour to Hawkesbury
Elspeth McInnes, Convenor, WEAVE - Women Everywhere Advocating Violence Elimination Inc (Australia)
Grace Jennings, Community Liaison and Domestic and Family Violence Manager, Illawarra Women’s Health Centre
Gemma Bradshaw, Specialist Court Support Worker, Brisbane Domestic Violence Services
Dr Silke Meyer, Senior Lecturer in Domestic and Family Violence Practice, CQ University
Rachael Uebergang, Co-Director, NT Working Women's Centre
Caroline Holmstrom, Chief Executive, Victim Support Service
Katrina Weeks, Operations Manager, Centre Against Sexual Violence Inc Logan and Redlands
Susan Crane, Executive Officer, Dawn House Inc
Gabrielle Borggaard, CEO, Domestic Violence Action Centre
Julie-Anne Dudley, Admin Officer, Berry Street
Dana Delmont, President, Zonta International – Cairns
Jessica Herdman, Case Manager, Annie North Women’s Refuge Inc
Cassandra Seery, Associate Lecturer in Law, Deakin University
Jules Thompson, Founder, Broken Ballerina Foundation
Helen Hawksworth, Solicitor, South West Brisbane Community Legal Centre
Glen Hulley, Founding CEO, Project Karma
Dr Deborah Walsh, Lecturer & Domestic and Family Violence Specialist, The University of Queensland
Jacqui Reed, Chief Executive Officer, CREATE Foundation
Romecca Sawers, Business Owner, Hearts Content
Elaine Meyer, Co-Director, Family Law Reform Council
Robyn Liddell, Former President, Zonta Club of Gladstone
Judith Grieve, Counsellor, Inner Life Works
Jenny Davidson, CEO, Council of Single Mothers and their Children
Liz Mullinar, CEO, Heal for Life Foundation
Terese Edwards, CEO, National Council for Single Mothers and Children
Kerry Thompson, CEO, Victim Support Unit: VOCAL Inc NSW
Moo Baulch, CEO, NSW Domestic Violence
Lisa Dibb, President, Queensland Alliance for Kids
Fiona Barrett, Senior Family Violence Case Worker, Huon Domestic Violence Service
Pauline Woodbridge, Coordinator, North Queensland Domestic Violence Resource Service
Adam Washbourne, Founder and President, Fighters Against Child Abuse Australia
Tony Tonkin, Leader, Child Protection Party Inc
Sia Carlyon, Support Group and Community Education Worker, Brisbane Rape and Incest Survivors Support Centre
Debra Barrow, Senior Manager Family Violence, Cohealth
Molly Dragiewicz, Associate Professor School of Justice, Faculty of Law, QUT
Dr Pooja Sawrikar, Senior Lecturer, School of Human Services and Social Work, Griffith University
David Curl, CEO, For Kids Sake
Dr Gemma McKibbin, Research Fellow, University of Melbourne
Professor Chris Goddard, Adjunct Research Professor, University of South Australia
Sharna Bremner, Founder & Director, End Rape on Campus Australia
Nina Funnell, Sexual assault survivor, advocate and journalist, Full Stop Foundation ambassador, The Sanctuary Domestic Violence Shelter ambassador
Bri Lee, Lawyer, author, and advocate
Will MacGregor, Founder and CEO, BushMob Aboriginal Corporation
Delia Donovan, Acting CEO, White Ribbon Australia
Paul Tredray, Trauma Counsellor
Lisa Rosta, Family Support Services Manager, Encircle Ltd
Adriana Uteda, Acting Chief Executive Officer, Women’s Health In the North - WHIN
Wayne Muir, CEO, Victorian Aboriginal Legal Service