Attorney-General's Department

Administrative and statutory documents; including policies, frameworks, delegation instruments, statutory authority documents, training manuals, operational manuals and internal guidance,…

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Administrative and statutory documents; including policies, frameworks, delegation instruments, statutory authority documents, training manuals, operational manuals and internal guidance, risk-assessment templates or guidance documents, related to the statutory authority relied upon for using spent convictions in child-related decision-making, and policy/framework documents recognising or addressing child alienation as harm

FOI25/578 Released 77 pages PDF

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The release comprises Attorney-General's Department briefs, background papers, a petition response, Senate estimates answers and a Family Law Act reference document concerning parental alienation. Key legal points include that parental alienation is not listed as a specific consideration in the Family Law Act 1975 (Cth), where the paramount consideration is the best interests of the child, and that courts recognise alienation or estrangement in some circumstances. The briefs note that Parental Alienation Syndrome lacks scientific support, citing Irish & Michelle [2009] FamCA 1251 and Malave and Ratcliffe [2015] FCCA 201. They also discuss the Joint Select Committee's second interim report (15 March 2021), Recommendation 15 on family law professional training, reunification therapy, and the National Domestic and Family Violence Bench Book (chapter 10.7.6, added July 2023). Redactions under s 22(1) and s 47F(1) (personal information) and s 47B appear throughout, and some issues are referred to other agencies.

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