Family Law Council Terms of Reference

Role and functions

The Family Law Council is established by appointments made by the Attorney-General under section 115 of the Family Law Act 1975 (Cth). Its functions are set out in subsection 115(3) of the Act, as follows:

It is the function of the Council to advise and make recommendations to the Attorney-General, either of its own motion or upon request made to it by the Attorney-General, concerning - 

1. the working of this Act and other legislation relating to family law; 
2. the working of legal aid in relation to family law; and 
3. any other matters relating to family law.

These terms of reference do not limit the Council’s capacity to consider other matters relating to the family law system and provide advice or recommendations to the Attorney-General on its own initiative.

Terms of reference

As endorsed by the Attorney-General, the Hon Mark Dreyfus KC MP on 26 March 2025, the Family Law Council will consider and provide advice on the following matters.

Recognising the personal, psychological and financial impact of family law litigation, including on victims of sexual assault and family violence, First Nations people, children and persons with a disability. Also recognising the importance of family courts having access to evidence to enable the just resolution of family law disputes, including in a way that promotes the safety of families and children and is culturally appropriate.

The Council will consider improvements to legislation, rules and processes in relation to evidence and procedure in family law matters to ensure that parties and children who have experienced trauma, or require additional support to engage in the family law system, can achieve just and safe outcomes.

This should include:

1. the role and conduct of cross-examination in the family law system, noting the family courts’ existing powers to control proceedings and current legislative protections in relation to personal cross-examination of victims of family violence
2. the utilisation of flexible evidence measures in the family courts, and the merits of additional witness safeguards or other measures to support safe participation in family law proceedings
3. whether confidentiality and inadmissibility provisions in the Family Law Act appropriately balance the interests of children and vulnerable parties where safety risks arise, and whether further guidance is required for parties and family law professionals dealing with exceptions to these provisions, particularly in the context of family counselling, family dispute resolution and post-separation parenting programs
4. ways to improve access to, and availability of, litigation support for a party in family law proceedings who does not have decision-making capacity
5. opportunities to improve the experience of vulnerable parties who are, or have been, involved in criminal proceedings, child protection proceedings, or domestic violence proceedings, in addition to family law proceedings.

The Family Law Council will provide advice to the Attorney-General on the above terms of reference on or before 30 June 2026.

This advice can be provided by way of a letter or report at the Council’s discretion.

Consultation and past inquiries

In conducting its work, the Council will consult relevant stakeholders and have regard to other recent inquiries and expert reports on or related to the family law system, including but not limited to:

• Australian Law Reform Commission Final Report No. 143 – Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence (March 2025).
• The report of the House of Representatives Standing Committee on Social Policy and Legal Affairs Inquiry into family violence orders (February 2025).
• The Family Law Council’s report on Protecting victims of family violence, including children, in the family law system: Disincentives to disclosing family violence and child abuse, and responding to systems abuse (March 2025).
• The Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023)
• Australian Law Reform Commission Final Report No. 135 – Family Law for the Future: An Inquiry into the Family Law System (March 2019).
• The House of Representatives Standing Committee on Social Policy and Legal Affairs inquiry report – A Better Family Law System to Support and Protect those affected by Family Violence (December 2017).
• Australian Law Reform Commission Report No 114 – Family violence – A national legal response: Final Report (October 2010)
• The Family Law Council’s letter of 12 October 2010 to the Attorney-General, regarding confidentiality and inadmissibility in the Family Law Act
• Australian Law Reform Commission Report No. 102 – Uniform Evidence Law (August 2010)