Senate

Supplementary Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Amendments to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019

1. These amendments are 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 amendments

2. Currently, clause 2 (table item 4) provides that Schedule 1, Part 4 commences the day after the end of the period of 2 years beginning on the day the Federal Circuit and Family Court of Australia Act 2019 commences. Schedule 1, Part 4 sets out consequential amendments to give effect to the Rules of Court of Division 1 and Division 2 reverting to being made by the Judges, or a majority of them (rather than being made solely by the Chief Justice and Chief Judge).

3. Currently Schedule 1, item 163 also adds a new note following subsection 123(1) of the Federal Circuit and Family Court of Australia Act 2019 clarifying that the power to make Rules of Court will be amended two years after the commencement of the Federal Circuit and Family Court of Australia Act 2019.

4. The amendments substitute "2 years" with "18 months". The effect of these amendments is to reduce the period of time when the Chief Justice and Chief Judge can solely make Rules of Court from two years to 18 months.

Human rights implications

5. These amendments do not engage any of the applicable rights or freedoms.

Conclusion

6. These amendments are compatible with human rights as they do not raise any human rights issues.