Motion to Arrest Pace of Court Reforms

For the second time in as many weeks, Centre Alliance Senator Rex Patrick will bring a motion to the floor of the Senate to slow down what would otherwise be a rushed consideration of the legislation designed to amalgamate the Family and Federal Circuit Courts.

In the face of the Liberal dominated Senate Legal and Constitutional Committee resolving last Thursday to hold hearings before submissions to the Federal Circuit and Family Court of Australia Bill inquiry are closed, Senator Patrick has signalled his intention to have the Senate direct the Committee to not commence hearings until after submissions to the inquiry have closed.

"That's the way things are supposed to work," said Rex. "Committees normally wait until submissions are closed before organising hearings. Only after the submissions have been received can the best witnesses be selected to attend hearings and only after submissions have been received and read can Senators properly form up questions to ask witnesses."

"It's also worth noting that many witnesses will prepare for attendance at hearings by reading other submissions."

"The Attorney-General has been court speeding and needs to take his foot off the accelator," said Rex. "If this is run in a 'cart before horse' manner, we will not get to benefit from the richness normally associated with the tried and tested Senate inquiry methods."

On Thursday 23 August, the Senate agreed that the Committee should report back to the Senate on 15 April 2019. Later that same day the Liberal dominated committee met and set a reporting date of 26 November and determing that stakeholders would only have 3 weeks until 14 September before submissions would close.

Last week the Senate overuled the Committee and directed that submissions would be closed on 23rd November. It did not make directions about the rushed 26 November reporting date. "I thought common sense would prevail, especially after I talked directly with the Attorney-General," said Rex. "But unfortunately it didnt. Instead, the Committee resolved to hold hearings in Sydney, Adelaide and Perth in the week commencing 28 October, and in Brisbane and Townsville on 7 and 8 November."

"On Tuesday I will move a motion to get things back into order. Hearings must only take place after submissions have closed," said Rex.