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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-09-25 Daily Xml
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Federal Circuit and Family Court

The Hon. T.T. NGO (14:52): My question is to the Attorney-General. Can the Attorney-General tell the council about the innovative work of the Federal Circuit and Family Court here in Adelaide?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:52): I thank the honourable member for his question. I was pleased to be able to visit and pleased to be able to report that the Federal Circuit and Family Court of Australia is well known for its innovative work, particularly in supporting Aboriginal and Torres Strait Islander users of the justice system. I have spoken in here as recently as this week about some of the measures that we are taking in South Australia in relation to the Nunga Court, the appointment of Aboriginal people as magistrates, and it was a pleasure to be able to see some of the work that is happening in other levels of the judiciary.

Recently, a couple of weeks ago, I joined my federal counterpart, the Hon. Mark Dreyfus, the federal Attorney-General, in visiting the court complex on Angas Street, located behind the Adelaide Magistrates Court. Members would no doubt be familiar with the Roma Mitchell Commonwealth Law Courts precinct, which houses the High Court, the Federal Court and the Federal Circuit and Family Court when each are sitting in Adelaide.

Family law is an especially complex area. While largely federally regulated, it has very significant interactions with state law, particularly in the areas of child protection and domestic and family violence. State and federal cooperation is therefore important in this area, and it was a great opportunity to speak to the federal Attorney-General about what we are doing in South Australia.

It was particularly insightful for us both to meet with Her Honour Judge Charlotte Kelly, who is based in Adelaide. Judge Kelly coordinates the specialist Indigenous list in Adelaide, which provides a modified case management process to support Aboriginal and Torres Strait Islander court users.

This specialist list aims to ensure Aboriginal people are supported through the court process and that matters have the best chance to reach an efficient and effective resolution. These lists operate in Adelaide, Melbourne, Sydney, Brisbane, Newcastle, Lismore and Coffs Harbour, and it was clear from the feedback provided by court staff that they are a very effective way to ensure the court can best meet the needs of this group of users.

A key component of the process is the role of Indigenous family liaison officers. These staff help participants in the court process to navigate the system, understand what to expect and support families in what can be a complex and difficult experience. Importantly, as with so much of the family law system, these staff work first and foremost to support the best interests of the child. To this end, these processes work to support all parties around an Aboriginal or Torres Strait Islander child, even if some of those parties are not Aboriginal people themselves.

It was particularly good to see courtroom 5, a specialist courtroom for Aboriginal and Torres Strait Islander family matters, designed with a very significant influence from Kaurna elder, Uncle Lewis O'Brien. The courtroom is designed in a round shape, removing much of the adversarial nature of the traditional layout of a courtroom. Much of this work reflects civil innovations in the South Australian justice system. As I said, our Nunga Court, the very first of its kind, starting in 1998, has a similar emphasis on a less formal and less adversarial approach to litigation. I am glad to see so much of the innovative work happening here in South Australia, both at a state and federal level, and look forward to working with federal counterparts and people in the state system alike.

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