“Expectations on the family law system to help families navigate separation, and the often-multiple issues they are facing, are significant.

“Recent inquiries, including the 2019 Australian Law Reform Commission inquiry and the 2021 Australian Parliament joint select committee inquiry, have highlighted the challenges facing the family law system,” he said.

“Extensive court delays, protracted litigation, inaccessible support services, and inadequate protection for people at risk of family violence are just some of the issues that have dogged the family law system for many years. It is 47 years since the enactment of the Family Law Act and the establishment of the Family Court, and there is much to be done to address these current challenges.”

In terms of the Labor government’s vision for the family law system moving forward, Mr Dreyfus said that there are a number of changes that need to be made.

“The Albanese government is committed to restoring the family law system so that it is accessible, safe, properly resourced, simpler to use, and delivers justice and fairness for all Australian families,” he said.

“It is critical that the system protects those at risk of family violence — including children and young people — who are victims and survivors of family violence in their own right. We must ensure that children’s best interests are always the paramount consideration in resolving parenting disputes.”

In addition to children remaining the priority, young people’s voices should be heard in the family law system on matters that affect them.

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“I recently met with the national children’s commissioner to discuss how we can better ensure children’s safety and best interests are at the heart of decision-making,” the Attorney-General added.

“The family law system should also be accessible to all families with complex needs and people from all of Australia’s diverse cultures. The government is committed to ensuring that legal assistance providers and community-based services are accessible, affordable and well equipped to help separating families resolve disputes in a timely and safe manner, so litigation is a last resort.”

However, Mr Dreyfus also expressed a number of concerns about the provisions within the Family Law Act.

“From its inception, the Family Law Act has prioritised safety in its provisions, especially the safety of children. However, I am concerned that provisions in the Family Law Act are not well understood by families it is designed to protect,” he continued.

“The parenting provisions in part VII of the Family Law Act had around 3,000 words in 1975. It now has about 50,000. How many parents would be able to negotiate their way around those provisions without a lawyer?

“An enormous number of unrepresented litigants appear in the family courts each year. There are thousands of families who negotiate settlements outside the court system with no legal assistance. Provisions designed to protect families are ineffective if they are not understood.”

Since 2017, there have been 126 recommendations to improve the family law system, including 60 recommendations from the Australian Law Reform Commission — many of which are directed at making the family law system both safer and easier to use. Many recommendations will also ensure safer outcomes for children — and Mr Dreyfus said he will consider recent reports and intends to “act on priority recommendations”.

And overall, while he said “there is much work to be done”, the Attorney-General was hopeful about the future of the family law system across the country.

“This will be a government that will consult and listen to the views of legal professionals in the family law system, as well as families, children and young people,” he said.

“Working together, we can restore the family law system so that it is accessible, safe, simpler to use, and delivers justice and fairness for all Australian families.”