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One year removed from the last election, Treasurer Jim Chalmers has handed down the 2023–24 federal budget. Here are the key takeaways for Australia’s legal profession.
In the second budget since the Albanese government was elected in the 2022 federal election, delivered earlier tonight (9 May) to the House of Representatives, Treasurer Jim Chalmers submitted what he called a budget to provide cost-of-living relief, “historic investments” in Medicare and the care economy, and embrace clean energy.
“Today, Australia is bigger, fairer, more diverse, more open to the world and more engaged with our region than anyone alive at Federation could possibly have imagined. And yet what brought this country together was a belief that the future could belong to Australia and that we would be stronger, safer, and more prosperous if we worked to seize its opportunities and share its rewards.”
“That optimism and resilience has sustained us — and carried us — through downturns and disaster, through recession and pandemic, and the belief in opportunity fairly shared has underpinned our greatest achievements — from Medicare to superannuation. The same spirit underpins constitutional recognition through a Voice, it drives our government, and it shapes this budget,” the Treasurer continued.
“A determination to tackle the big challenges — and seize the big chances. A deep faith in our people, their skills, their smarts, their innovation and aspiration, a plan for security, for prosperity, for growth, an economic strategy to help with cost‑of‑living pressures now, and to maximise and extend the opportunities of the future to more of our people in more parts of our country in the defining, decisive decade ahead.”
Here are the measures announced in the budget that legal professionals need to know:
Bolstered anti-money laundering framework
The budget papers list a provision of $14.3 million, over four years from 2023–24, to support policy and legislative reforms to harden Australia against illicit financing and evaluation of Australia’s anti-money laundering framework.
The funding consists of:
The Albanese government is investing $46.5 million to continue and expand two successful family law property programs, the budget papers outlined, “to support access to quick, fair and affordable family law property settlement outcomes for separating couples, especially vulnerable women”.
The investment covers $33.1 million to fund the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to continue and expand the Family Law Priority Property Pool program nationally.
“This is to help separated couples resolve small property disputes through a streamlined court process. It supports vulnerable women to regain their financial independence and security after separation,” the budget papers noted.
In addition, the government is providing $13.4 million to extend the Lawyer-assisted Family Law Property Mediation program to assist separated couples to mediate and reach agreement on a family law property division.
Better outcomes in international child abduction matters
Moreover, to support Australia’s efforts under the Hague Convention, the budget papers provide for $18.4 million to make Australia’s implementation of the convention safer for women and children impacted by international parental child abduction.
This includes:
Ongoing funding has been pledged for certain governmental priorities in Mark Dreyfus’ department, including:
$89.5 million over five years (and $1.5 million per year ongoing) will be provided to support the establishment of a new federal administrative review body, in place of the Administrative Appeals Tribunal (AAT), which was abolished in December.
The funding, which has already been provided for, will cover:
The Albanese government will, the budget papers detailed, provide $129.4 million over two years from 2023–24 to continue the work of the Office of the Special Investigator (OSI) and support the prosecution of alleged war crimes by Australian Defence Force troops in Afghanistan.
The funding, over two years from 2023–24, will include:
Improving sexual assault laws
As announced earlier in May, the federal government will invest $14.7 million in strengthening the way the criminal justice system responds to sexual assault and to prevent further harm from being done to victims through the justice process.
A further $8.2 million will be made available through to 2026–27 to design, deliver and evaluate multiple small-scale trials of primary prevention and early intervention concepts for the prevention of sexual harm and violence.
“Seeking justice should not add to the trauma experienced by victims and survivors,” the A-G said at the time.
“Nor should they be forced to navigate different legal processes and face different justice outcomes based on which state or territory they live in.”
Women’s safety (First Nations)
The Albanese government is also set to provide $68.6 million, over two years from 2023–24, to support family violence prevention legal services providers to deliver legal and non-legal support for First Nations victim-survivors of family, domestic and sexual violence.
It will also undertake an initial review to inform the development of a national standard for government data on lost, missing, or murdered First Nations women and children.
The cost of this measure, the budget papers outline, will be partially met from within the existing resourcing of the Department of Social Services and the National Indigenous Australians Agency’s Indigenous Advancement Strategy.
Support for migrant women and women on temporary visas
The budget papers detail an extension of the current Temporary Visa Holders Experiencing Violence Pilot to January 2025.
There will be an investment of $10 million to expand the family violence provisions within the Migration Regulations to most permanent visa subclasses so as to ensure that visa applicants, including secondary applicants for permanent visa subclasses, offshore temporary partner visa applicants and prospective marriage visa holders, “do not feel compelled to remain in a violent relationship to be granted a permanent visa”.
Other funding pledges
Elsewhere in the budget papers, the Albanese government allocated funding for the following measures:
Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
You can email Jerome at: