Family Law Council

The Family Law Council advises and makes recommendations to the Attorney-General about:

• the workings of the Family Law Act and other legislation relating to family law
• the working of legal aid in relation to family law
• any other matters relating to family law.

The council can provide advice and recommendations to the Attorney-General either of its own motion or at the Attorney-General's request. This may be in the form of a letter of advice or as a report. The council also makes submissions to relevant bodies on issues relating to family law.

Terms of reference

The Family Law Council Terms of Reference set out the priority considerations for the council’s work agenda during their term. The Attorney-General, the Hon Mark Dreyfus KC MP, endorsed the council’s current terms of reference on 13 September 2022.

Council members

The Family Law Council is comprised of a Chairperson and members appointed by the Attorney-General. All are part-time members and sit on the council in an individual capacity as family law experts.

The current members of the Family Law Council are:

• The Hon Robert McClelland AO (Chairperson)
• Dr Andrew Bickerdike
• The Hon Justice Jacoba Brasch
• Dr Rachel Carson
• The Hon John Faulks
• Judge Alexandra Harland
• Ms Michelle Hayward
• Ms Anne Hollonds
• Ms Julie Jackson
• Dr Rae Kaspiew
• The Hon Justice Richard O'Brien
• Ms Virginia Wilson

In accordance with section 115 of the Family Law Act 1975, members must include a judge of the Federal Circuit and Family Court of Australia. It may also include other judges, lawyers, family dispute resolution practitioners, family counsellors, public officials and other persons as the Attorney-General thinks fit.

It has been the policy of successive governments for the council to include experts from a range of professional backgrounds, as well as for the council to have an appropriate gender balance, members from a range of cultural backgrounds and members from most or all states and territories if possible.

The council may also invite observers to attend its meetings. Observers play an important role in informing the council's work.

Council operations

The council is a statutory authority established under section 115 of the Family Law Act 1975. It commenced operation in November 1976.

The council is subject to the Freedom of Information Act 1982 (FOI Act) and is required to comply with the requirements of the FOI Act relating to the Information Publication Scheme (IPS). The council has prepared its IPS Agency Plan in accordance with subsection 8(1) of the FOI Act.

Family Law Council IPS Agency Plan

The council is supported by a small secretariat based in the Attorney-General's Department. The collection, use and storage of personal information is managed in line with the department's Privacy Policy and in accordance with the Privacy Act 1988.