Family Law Council
The Family Law Council is a statutory authority established under section 115 of the Family Law Act 1975 (Family Law Act). It commenced operation in November 1976.
Functions
The functions of the Council, as set out in section 115(3) of the Family Law Act, are to advise and make recommendations to the Attorney-General concerning:
- the workings of the Family Law Act and other legislation relating to family law
- the working of legal aid in relation to family law, and
- any other matters relating to family law.
The Council may provide advice and recommendations either of its own motion or at the request of the Attorney-General.
Composition
The Council consists of a Chairperson and other members (usually 8 to 10) appointed by the Attorney-General in consultation with the Prime Minister and Cabinet. All are part-time members. Membership must include either a judge of the Family Court or a Federal Magistrate. It may also include other judges, lawyers, social workers, relationship counsellors, Australian Government and State employees and others. It has been the policy of successive governments that Council membership encompasses equity and diversity in gender, race and where possible, ensures that all States and Territories are represented.
There are no provisions in the Family Law Act relating to the appointment of observers on Council. However, Council currently has observers who may attend meetings. Council’s observers play an important part in the management of Council’s workload.
The Council is supported by a small Secretariat based in Canberra.
Operation
The Council usually meets in capital cities around Australia. It provides advice to the Attorney-General in two forms: first, letters of advice on matters requiring urgent advice or on issues where the Attorney requires a quick and representative viewpoint; and second, reports on major issues.
Most of its major projects are undertaken by special purpose committees made up of Council members, observers, and outside experts.