Independent Children's Lawyers and the Family Law Workforce

Question

1. On 7 May 2026 - five days before the Budget was handed down - the Law Council of Australia issued a media release warning that the system of Independent Children's Lawyers had ""reached breaking point."" Was the Department aware of that warning before the Budget was finalised? 2. Two years ago, this Government amended the Family Law Act to bring more children into personal contact with their ICL. 3. The Law Council President, Tania Wolff, has said: ""the increased demand this has created, without any additional government funding to match it, has pushed the ICL workforce to the brink."" Does the Department accept that the changes that the Government made have created the additional demand and this demand has not been funded? 4. Has the Department briefed the Attorney General on the serious concerns regarding the ability of the ICL's to properly represent children? 5. The Law Council reports that in New South Wales, demand for ICLs in the six months following the introduction of these reforms increased by an estimated 50 per cent. Was that demand increase anticipated by the Department when the amendments were made? If so, why was no additional funding allocated at that time or in any subsequent Budget? 6. In Western Australia, there are now only 15 private practitioners available to deliver ICL services across the entire state. Is the Department aware of that figure? Does the Department consider 15 practitioners sufficient to serve every child at risk in Western Australia? 7. The Law Council says that some ICLs are receiving an effective hourly rate below the minimum wage and that is before tax, rent, travel, staffing, superannuation and the other costs of running a small practice. Has the Department assessed the current legal aid grant rates for ICL work against the actual cost of delivering that work? 8. The Government commissioned an independent review of the national legal assistance funding system. The review's author, Dr Warren Mundy, found that the recent changes: ""have created a circumstance where demand for ICLs is in excess of supply"" and concluded that ""it is in the interests of children, their parents and efficiency of the courts that this situation is urgently addressed."" Dr Mundy identified a shortfall in annual funding of more than $80 million. Does the Department accept the findings of the review it commissioned? 9. If the Department accepts Dr Mundy's findings, why was the $80 million annual shortfall not addressed in this Budget? If the Department does not accept those findings, why did the Government commission and pay for the review? 10. What is happening to the children who are unable to have representation because and I quote ""the increased demand this has created, without any additional government funding to match it, has pushed the ICL workforce to the brink."" 11. This Government passed the Family Law Amendment Act 2024. The Attorney-General described it as ""putting children at the centre of the family law system."" But two years on, the Law Society says that the ICL workforce is at breaking point, grant rates sit below the minimum wage, the Government's own independent reviewer has identified an $80 million annual shortfall, and this Budget allocated nothing to address it. How is that consistent with putting children at the centre of the family law system? 12. Is the Department aware of Legal Aid NSW's public statement that, because of Commonwealth Funding pressure, before the end of 2026, Independent Children's Lawyers in NSW may only appear in final hearings where one or both parties are self-represented? 13. Does the Department consider this acceptable? 14. The Family Law Act assigns ICLs a critical role in representing the best interests of children in high-risk parenting matters. If ICLs are only appearing in final hearings where one or both parties are self-represented from the end of 2026, how will children's interests be represented in interim and intermediate family law proceedings? 15. Was the Department advised, before the 2026-27 Budget, that Commonwealth family law funding pressures could lead Legal Aid commissions to restrict Independent Children's Lawyer services? 16. Did Legal Aid NSW, National Legal Aid or any state or territory legal aid commission raise concerns with the Commonwealth regarding the sustainability of Independent Children's Lawyer services? 17. What discussions has the Department had with National Legal Aid regarding workforce shortages affecting Independent Children's Lawyers? 18. Has the Department met with Legal Aid NSW to discuss its concerns? 19. Under the National Access to Justice Partnership, what Commonwealth funding is specifically directed toward family law services and Independent Children's Lawyer work? 20. Did the Department undertake any assessment of the likely downstream impact on children in family law proceedings if Legal Aid commissions reduced Independent Children's Lawyer involvement? 21. The Government has stated that its family law reforms place children's best interests at the centre of the system. Was the Department concerned that funding pressures may reduce the availability of Independent Children's Lawyers in high-risk parenting matters? 22. What advice has the Department provided to the Government regarding the current NSW Independent Children's Lawyer workforce shortage? 23. What additional Commonwealth funding, if any, is being considered to support the sustainability of Independent Children's Lawyer services nationally?

Answer

Please see attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• BE26-176.pdf (opens in a new tab)