In late 2005, a survey of federal parliament was undertaken in order to determine the views of each lower house and upper house member on the topic of shared parenting. Every member of parliament was approached as much as three times to provide a response.
Some of the members surveyed provided an immediate and explicit response, others were undecided, and yet others simply refused to respond.
Eventually, all the received responses were collated and reviewed against the parliamentary record, in order to determine the overall views of that parliament.
In this way, it was determined what the ultimate outcome may have been, if a family law amendment incorporating a “legal presumption of equal parenting time as a starting point for child residence negotiations”, was voted on in parliament as a conscience vote.
The responses were overwhelmingly in support of a ‘legal presumption of equal parenting time’ as a starting point for child custody negotiations, by a factor of two to one. The Senate count was just 3 votes short of an absolute majority, with 24 votes unaccounted for, while the house of representatives was just 5 votes short of an absolute majority, with 48 votes unaccounted for.
House of Representatives:
- 69 would vote for an equal time presumption amendment
- 33 would NOT vote for an equal time presumption amendment
- 4 is undecided
- 44 unknown
Senate:
- 37 would vote for an equal time presumption amendment
- 15 would NOT vote for an equal time presumption amendment
- 1 is undecided
- 23 Unknown
What do these results mean? Quite simply, if good laws in this country were decided upon by modern day community standards, as represented by the “unfettered” majority view of our elected officials, or otherwise by the overwhelming views of the Australian public, we would now have family laws genuinely designed to protect the best interests of the child, rather than laws reflecting a by-gone era that have no place in modern day Australia.
Unfortunately, in some cases at least, the laws of a democratic country are ultimately determined by unrepresentative pressure groups who have the resources and influence to promote their vested interests only, at the expense of everyone else. This is one of those cases.
 WOULD VOTE FOR Shared Parenting Amendment |
53 | |||||
 |
House of Representatives |
38 | |
|||
| Alan Cadman |
Liberals | House of Representatives | 1 | |
||
|
|
Alby Shultz |
Liberals | House of Representatives | 1 | |
| Andrew Southcott |
Liberals | House of Representatives | 1 | |
||
|
|
Barry Haase |
Liberals | House of Representatives | 1 | |
| Barry Wakelin |
Liberals | House of Representatives | 1 | |
||
|
|
Bob Baldwin |
Liberals | House of Representatives | 1 | |
| Bronwyn Bishop |
Liberals | House of Representatives | 1 | |
||
|
|
Bruce Billson |
Liberals | House of Representatives | 1 | |
| Christopher Pyne |
Liberals | House of Representatives | 1 | |
||
|
|
David Fawcett |
Liberals | House of Representatives | 1 | |
| David Tollner |
Nationals | House of Representatives | 1 | |
||
|
|
De-Anne Kelly |
Nationals | House of Representatives | 1 | |
| Dennis Jensen |
Liberals | House of Representatives | 1 | |
||
|
|
Jim Lloyd |
Liberals | House of Representatives | 1 | |
| Joanna Gash |
Liberals | House of Representatives | 1 | |
||
|
|
John Murphy |
ALP | House of Representatives | 1 | |
| Judi Moylan |
Liberals | House of Representatives | 1 | |
||
|
|
Kay Elson |
Liberals | House of Representatives | 1 | |
| Kay Hull |
Nationals | House of Representatives | 1 | |
||
|
|
Kelvin Thomson |
ALP | House of Representatives | 1 | |
| Ken Ticehurst |
Liberals | House of Representatives | 1 | |
||
|
|
Kerry Bartlett |
Liberals | House of Representatives | 1 | |
| Kym Richardson |
Liberals | House of Representatives | 1 | |
||
|
|
Malcolm Turnbull |
Liberals | House of Representatives | 1 | |
| Michael Ferguson |
Liberals | House of Representatives | 1 | |
||
|
|
Michael Johnson |
Liberals | House of Representatives | 1 | |
| Pat Farmer |
Liberals | House of Representatives | 1 | |
||
|
|
Patrick Secker |
Liberals | House of Representatives | 1 | |
| Paul Neville |
Nationals | House of Representatives | 1 | |
||
|
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Peter Dutton |
Liberals | House of Representatives | 1 | |
| Peter Slipper |
Liberals | House of Representatives | 1 | |
||
|
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Sophie Panopoulos |
Liberals | House of Representatives | 1 | |
| Steve Georganas |
ALP | House of Representatives | 1 | |
||
|
|
Stuart Henry |
Liberals | House of Representatives | 1 | |
| Tony Abbott |
Liberals | House of Representatives | 1 | |
||
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|
Tony Windsor |
Independant | House of Representatives | 1 | |
| Trish Draper |
Liberals | House of Representatives | 1 | |
||
|
|
Warren Entsch |
Liberals | House of Representatives | 1 | |
| Senate |
15 | |||||
|
|
Alan Ferguson |
Liberals | Senate | 1 | |
| Barnaby Joyce |
Nationals | Senate | 1 | |
||
|
|
Bill Heffernan |
Liberals | Senate | 1 | |
| Brett Mason |
Liberals | Senate | 1 | |
||
|
|
David Johnston |
Liberals | Senate | 1 | |
| Eric Abetz |
Liberals | Senate | 1 | |
||
|
|
Gavin Marshal |
ALP | Senate | 1 | |
| George Brandis |
Liberals | Senate | 1 | |
||
|
|
Jeannie Ferris |
Liberals | Senate | 1 | |
| Nicholas Minchin |
Liberals | Senate | 1 | |
||
|
|
Paul Calvert |
Liberals | Senate | 1 | |
| Russell Trood |
Liberals | Senate | 1 | |
||
|
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Steve Fielding |
Family First | Senate | 1 | |
| Steven Parry |
Liberals | Senate | 1 | |
||
|
|
Ursula Stephens |
ALP | Senate | 1 | |
| WOULD VOTE AGAINST Shared Parenting Amendment |
25 | |||||
|
House of Representatives |
21 | |
|||
| Annette Ellis |
ALP | House of Representatives | 1 | |
||
|
|
Anthony Albanese |
ALP | House of Representatives | 1 | |
| Carmen Lawrence |
ALP | House of Representatives | 1 | |
||
|
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Catherine King |
ALP | House of Representatives | 1 | |
| Chris Hayes |
ALP | House of Representatives | 1 | |
||
|
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Chris Pearce |
Liberals | House of Representatives | 1 | |
| Duncan Kerr |
ALP | House of Representatives | 1 | |
||
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Jennie George |
ALP | House of Representatives | 1 | |
| Julie Owens |
ALP | House of Representatives | 1 | |
||
|
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Kelly Hoare |
ALP | House of Representatives | 1 | |
| Kevin Rudd |
ALP | House of Representatives | 1 | |
||
|
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Kim Beazley |
ALP | House of Representatives | 1 | |
| Lindsay Tanner |
ALP | House of Representatives | 1 | |
||
|
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Nicola Roxon |
ALP | House of Representatives | 1 | |
| Peter Andren |
Independant | House of Representatives | 1 | |
||
|
|
Sharon Grierson |
ALP | House of Representatives | 1 | |
| Steve Gibbons |
ALP | House of Representatives | 1 | |
||
|
|
Sussan Ley |
Liberals | House of Representatives | 1 | |
| Tanya Plibersek |
ALP | House of Representatives | 1 | |
||
|
|
Wayne Swan |
ALP | House of Representatives | 1 | |
| Wilson Tuckey |
Liberals | House of Representatives | 1 | |
||
|
Senate |
4 | |
|||
| Andrew Bartlett |
Democrats | Senate | 1 | |
||
|
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Andrew Murray |
Democrats | Senate | 1 | |
| Claire Moore |
ALP | Senate | 1 | |
||
|
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Ruth Webber |
ALP | Senate | 1 | |
| UNDECIDED |
5 | |||||
|
House of Representatives |
4 | |
|||
| Bruce Scott |
Nationals | House of Representatives | 1 | |
||
|
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Chris Bowen |
ALP | House of Representatives | 1 | |
| Maria Vamvakinou |
ALP | House of Representatives | 1 | |
||
|
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Sharon Bird |
ALP | House of Representatives | 1 | |
| Senate |
1 | |||||
|
|
Kate Lundy |
ALP | Senate | 1 | |
| LIKELY TO VOTE YES – but unconfirmed |
53 | |||||
|
House of Representatives |
32 | |
|||
| Alexander Downer |
Liberals | House of Representatives | 1 | |
||
|
|
Alexander Somlyay |
Liberals | House of Representatives | 1 | |
| Andrew Laming |
Liberals | House of Representatives | 1 | |
||
|
|
Andrew Robb |
Liberals | House of Representatives | 1 | |
| Anthony Byrne |
ALP | House of Representatives | 1 | |
||
|
|
Bob Katter |
Independant | House of Representatives | 1 | |
| Danna Vale |
Liberals | House of Representatives | 1 | |
||
|
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David Jull |
Liberals | House of Representatives | 1 | |
| Don Randall |
Liberals | House of Representatives | 1 | |
||
|
|
Gavan O’Connor |
ALP | House of Representatives | 1 | |
| Greg Hunt |
Liberals | House of Representatives | 1 | |
||
|
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Ian Causley |
Nationals | House of Representatives | 1 | |
| Jackie Kelly |
Liberals | House of Representatives | 1 | |
||
|
|
Joe Hockey |
Liberals | House of Representatives | 1 | |
| John Anderson |
Nationals | House of Representatives | 1 | |
||
|
|
John Forrest |
Nationals | House of Representatives | 1 | |
| John Howard |
Liberals | House of Representatives | 1 | |
||
|
|
Julie Bishop |
Liberals | House of Representatives | 1 | |
| Kevin Andrews |
Liberals | House of Representatives | 1 | |
||
|
|
Louise Markus |
Liberals | House of Representatives | 1 | |
| Luke Hartsuyker |
Nationals | House of Representatives | 1 | |
||
|
|
Mal Washer |
Liberals | House of Representatives | 1 | |
| Mark Baker |
Liberals | House of Representatives | 1 | |
||
|
|
Michael Keenan |
Liberals | House of Representatives | 1 | |
| Peter Lindsey |
Liberals | House of Representatives | 1 | |
||
|
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Peter McGauran |
Nationals | House of Representatives | 1 | |
| Phil Barresi |
Liberals | House of Representatives | 1 | |
||
|
|
Philip Ruddock |
Liberals | House of Representatives | 1 | |
| Ross Vasta |
Liberals | House of Representatives | 1 | |
||
|
|
Steven Ciobo |
Liberals | House of Representatives | 1 | |
| Tony Burke |
ALP | House of Representatives | 1 | |
||
|
|
Warren Truss |
Nationals | House of Representatives | 1 | |
| Senate |
21 | |||||
|
|
Alan Eggleston |
Liberals | Senate | 1 | |
| Amanda Vanstone |
Liberals | Senate | 1 | |
||
|
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Chris Ellison |
Liberals | Senate | 1 | |
| Concetta Fierravanti-Wells |
Liberals | Senate | 1 | |
||
|
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Gary Humphries |
Liberals | Senate | 1 | |
| Grant Chapman |
Liberals | Senate | 1 | |
||
|
|
Guy Barnett |
Liberals | Senate | 1 | |
| Helen Coonan |
Liberals | Senate | 1 | |
||
|
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Helen Polley |
ALP | Senate | 1 | |
| Ian Campbell |
Liberals | Senate | 1 | |
||
|
|
John Hogg |
ALP | Senate | 1 | |
| Julian McGauran |
Liberals | Senate | 1 | |
||
|
|
Mark Bishop |
ALP | Senate | 1 | |
| Michael Forshaw |
ALP | Senate | 1 | |
||
|
|
Michael Ronaldson |
Liberals | Senate | 1 | |
| Rod Kemp |
Liberals | Senate | 1 | |
||
|
|
Ron Boswell |
Nationals | Senate | 1 | |
| Ross Lightfoot |
Liberals | Senate | 1 | |
||
|
|
Sandy Macdonald |
Nationals | Senate | 1 | |
| Santo Santoro |
Liberals | Senate | 1 | |
||
|
|
Steve Hutchins |
ALP | Senate | 1 | |
| LIKELY TO VOTE NO – but unconfirmed |
23 | |||||
|
House of Representatives |
11 | |
|||
| Anna Burke |
ALP | House of Representatives | 1 | |
||
|
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Bernie Ripoll |
ALP | House of Representatives | 1 | |
| Craig Emerson |
ALP | House of Representatives | 1 | |
||
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Harry Quick |
ALP | House of Representatives | 1 | |
| Jenny Macklin |
ALP | House of Representatives | 1 | |
||
|
|
Jill Hall |
ALP | House of Representatives | 1 | |
| Julia Gillard |
ALP | House of Representatives | 1 | |
||
|
|
Julia Irwin |
ALP | House of Representatives | 1 | |
| Kirsten Livermore |
ALP | House of Representatives | 1 | |
||
|
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Peter Garrett |
ALP | House of Representatives | 1 | |
| Roger Price |
ALP | House of Representatives | 1 | |
||
|
Senate |
12 | |
|||
| Bob Brown |
Greens | Senate | 1 | |
||
|
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Chris Evans |
ALP | Senate | 1 | |
| Christine Milne |
Greens | Senate | 1 | |
||
|
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Dana Wortley |
ALP | Senate | 1 | |
| John Faulkner |
ALP | Senate | 1 | |
||
|
|
Kerry Nettle |
Greens | Senate | 1 | |
| Lyn Allison |
Democrats | Senate | 1 | |
||
|
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Natasha Stott Despoja |
Democrats | Senate | 1 | |
| Penny Wong |
ALP | Senate | 1 | |
||
|
|
Rachael Siewart |
Greens | Senate | 1 | |
| Robert Ray |
ALP | Senate | 1 | |
||
|
|
Stephen Conroy |
ALP | Senate | 1 | |
| 159 | |
|||||
Survey Question:
| Date: November 2005 Dear [Name]Please consider answering the following question which would lead our group (Fathers4Equality) to a better understanding of your views on this very important issue.You may choose to answer with one of the following five choices, in response to the below comment:
“Should an amendment be submitted to the family law act to incorporate a ‘legal presumption of equal parenting time in the event of separation, ***rebuttable*** if child abuse can be reasonably substantiated, or if the parents mutually agree to an alternate arrangement.’, then if it went to a conscience vote, I would vote for the amendment.” (A) I agree Please understand that this is not (as commonly mis-represented) a one size fits all approach. This is merely a starting point for child custody negotiations that would begin on a level playing field but the outcome would be determined by either the rebuttal, or the practical realities of the parents’ circumstances. It would deny a winner takes all mentality, and re-focus efforts on arrangements that best meet the child’s best needs. If you are honestly uncertain, then you can choose option (E) for a more detailed view of our proposed joint residence amendment. |
Responses – Upper House
| Liberals Senate: | Vote YES Confirmed: 11 | Vote YES Likely: 14 | Vote NO Confirmed: 0 | Vote NO Likely: 0 |
| Nationals Senate: | Vote YES Confirmed: 1 | Vote YES Likely: 2 | Vote NO Confirmed: 0 | Vote NO Likely: 0 |
| ALP Senate: | Vote YES Confirmed: 2 | Vote YES Likely: 5 | Vote NO Confirmed: 2 | Vote NO Likely: 6 |
| Democrats Senate: | Vote YES Confirmed: 0 | Vote YES Likely: 0 | Vote NO Confirmed: 2 | Vote NO Likely: 2 |
| Greens Senate: | Vote YES Confirmed: 0 | Vote YES Likely: 0 | Vote NO Confirmed: 0 | Vote NO Likely: 4 |
| Independants Senate: | Vote YES Confirmed: 0 | Vote YES Likely: 0 | Vote NO Confirmed: 0 | Vote NO Likely: 0 |
| Family First Senate: | Vote YES Confirmed: 1 | Vote YES Likely: 0 | Vote NO Confirmed: 0 | Vote NO Likely: 0 |
| Senate Totals: | Vote YES Confirmed: 15 | Vote YES Likely: 21 | Vote NO Confirmed: 4 | Vote NO Likely: 12 |
| Senate Combined Totals: | Vote YES Totals: 36 /76 | Vote NO Totals: 16 /76 | ||
Responses – Lower House
| Liberals Reps: | Vote YES Confirmed: 30 | Vote YES Likely: 22 | Vote NO Confirmed: 3 | Vote NO Likely: 0 |
| Nats Reps: | Vote YES Confirmed: 4 | Vote YES Likely: 6 | Vote NO Confirmed: 0 | Vote NO Likely: 0 |
| ALP Reps: | Vote YES Confirmed: 3 | Vote YES Likely: 3 | Vote NO Confirmed: 17 | Vote NO Likely: 11 |
| Ind Reps: | Vote YES Confirmed: 1 | Vote YES Likely: 1 | Vote NO Confirmed: 1 | Vote NO Likely: 0 |
| Reps Totals: | Vote YES Confirmed: 38 | Vote YES Likely: 32 | Vote NO Confirmed: 21 | Vote NO Likely: 11 |
| Reps Combined Totals: | Vote YES Totals: 70 /150 | Vote NO Totals: 32 /150 | ||
Ashvani Patil
Latest posts by Ashvani Patil (see all)
- The Australian Parliamentary Survey on Equal-Shared Parenting - June 23, 2018