
The Family Law Council is a statutory authority established under section 115 of the Family Law Act 1975. It commenced operation in November 1976.
Functions
The functions of the Council, as set out in section 115(3) of the Family Law Act1975 (Family Law Act), are to advise and make recommendations to the Attorney-General concerning:
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 a judge of the Family Court and may also include other judges, lawyers, social workers, relationship counsellors, Australian Government and State employees and others. More broadly persons from a non-English speaking background and indigenous Australians are also appointed from time to time.
Government policy has been that the Council is usually composed of an equal number of women and men and, as far as possible, all States and Territories are represented.
The Council is supported by a small Secretariat based in Canberra.
Operation
The Council meets quarterly 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. The Council often releases a discussion paper for public comment before a report is finalised. Other forms of public consultation take place as required, and as the Council's limited resources allow.
Council members, observers and staff in May 2008
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Front row (left to right): Ms Nicky Davies, Mr Kym Duggan, Ms Amanda Parkin, Ms Lani Blackman, Deputy Chief Justice John Faulks, Ms Judy Jackson, Ms Angela Filippello, Ms Toni Pirani, Ms Rae Kaspiew.
Back row (left to right): Mr Glenn Smith (visitor), Professor John Wade (Chair), Ms Wendy Banfield, Magistrate David Monaghan, Justice Garry Watts, Ms Nadia Nikro, Mr Stephen Still.
Missing from the photo: Federal Magistrate Norah Hartnett, Federal Magistrate Robyn Sexton, Ms Dianne Gibson, Mr Clive Price.