Family Law Amendment (Information Sharing) Bill 2023
21.11.23Originally published 21 November 2023. Updated September 2026 to reflect that this legislation is now in force.
QUICK ANSWER
The Family Law Amendment (Information Sharing) Act 2023 lets the Federal Circuit and Family Court order police, child protection and firearms agencies to disclose family violence and child safety records directly to the court, at any stage of a parenting case. It has been in force since 6 May 2024 and replaced much of the old, slower subpoena process with two direct court orders under sections 67ZBD and 67ZBE of the Family Law Act 1975.
Family law information sharing orders were introduced to close a long-standing gap in Australia’s family law system: courts making parenting decisions without timely access to what police and child protection agencies already knew about family violence, abuse or neglect. The reform started life as the Family Law Amendment (Information Sharing) Bill 2023. It has since passed Parliament, received Royal Assent and commenced, and is now the Family Law Amendment (Information Sharing) Act 2023 (No. 88, 2023). The Ramsden Lawyers Family Law team sets out what changed, how the two new orders work in practice, and what it means if family violence is a factor in your matter.
FROM BILL TO ACT: WHERE THE REFORM STANDS TODAY
The Bill passed both Houses of Parliament and became law in late 2023. The information sharing provisions commenced on 6 May 2024, alongside the broader Family Law Amendment Act 2023 (which separately removed the presumption of equal shared parental responsibility). Both reforms are part of the same package of changes to make the family law system more responsive to family violence, but they operate differently, and it is worth understanding both if you are involved in a parenting matter.
THE TWO NEW INFORMATION SHARING ORDERS
The Act inserted a new set of provisions, sections 67ZBD to 67ZBJ, into the Family Law Act 1975. In practice, this created two orders the court can make:
1. An order for particulars (section 67ZBD) requires an information sharing agency to confirm whether it holds documents or information relevant to a party’s family violence history, or to a child’s exposure to abuse, neglect or family violence.
2. An order to produce documents or information (section 67ZBE) goes further, requiring the agency to actually hand over the relevant documents or information to the court.
Both orders can be directed at “information sharing agencies”, which include state and territory police forces, child protection (child safety) departments, and firearms licensing authorities. Under section 67ZBJ, the court can make either order at any stage of a parenting proceeding, on application by a party or on its own initiative, so the information available to the judge can be updated as new risks emerge rather than being fixed at the start of a case.
STREAMLINING COURT PROCESSES
Before these reforms, obtaining police, child protection or firearms records typically meant issuing a subpoena to each agency separately, a process that could be slow and duplicative. The new orders give the court a more direct route to the same information, and generally limit a party’s ability to separately subpoena an agency once an information sharing order covering the same subject matter is in place. The aim is a faster, more consistent flow of information to the people deciding a child’s safety, without every party running their own parallel discovery process.
BALANCING SAFETY AND PRIVACY
The Act does not create unrestricted access to agency files. Section 67ZBF protects certain “protected material” from disclosure, including information that would reveal the identity of a confidential informant, material covered by legal professional privilege or public interest immunity, and information that could endanger a person’s safety or prejudice an ongoing investigation. This is designed to ensure that sharing relevant risk information does not itself create a new safety risk, particularly for victim-survivors of family violence.
INCORPORATING LIVED EXPERIENCE
The reform was informed by consultation with people who had experienced family violence and by family law practitioners and support services who deal with these matters daily. That input shaped both what information can be shared and the safeguards around how it is shared, reflecting an intent to build a system that responds to the realities of family violence rather than only its legal form.
WHAT THIS MEANS FOR YOUR FAMILY LAW MATTER
More than two years on, these orders are now a routine part of how the Federal Circuit and Family Court of Australia manages parenting cases involving family violence, abuse or neglect. If you are a party to a parenting matter, this can mean the court has fuller, more current information about risk than it did before 2024, whether that information supports your case or is something you need to respond to.
CONTACT RAMSDEN LAWYERS FOR PERSONALISED SUPPORT IN FAMILY LAW MATTERS
The team at Ramsden Lawyers are experienced family law solicitors who understand how information sharing orders operate in practice and what they mean for parenting and domestic violence matters. If you or someone you know is experiencing family violence, we can advise on how these orders and reforms affect your particular circumstances, including if you are responding to a domestic violence application, considering a private application for a protection order, or dealing with changes to parenting orders. Get in touch via our contact page or book a consultation online to discuss the best path forward for your situation.
FREQUENTLY ASKED QUESTIONS
What is the Family Law Amendment (Information Sharing) Act 2023?
It is Commonwealth legislation (Act No. 88 of 2023) that inserted new sections 67ZBD to 67ZBJ into the Family Law Act 1975. These sections create two court orders that allow the Federal Circuit and Family Court of Australia to obtain family violence, child abuse, and neglect information directly from police, state and territory child protection departments, and firearms licensing agencies.
Is the Information Sharing Bill still before Parliament, or is it now law?
It is now law. The Bill passed both Houses of Parliament and received Royal Assent in late 2023, and then commenced on 6 May 2024. It has been in force for more than two years and applies to family law proceedings across Australia, so it should no longer be treated as proposed legislation.
What are the two new family law information sharing orders?
Section 67ZBD lets the court order an agency to provide particulars confirming whether it holds relevant documents or information. Section 67ZBE goes further, ordering the agency to actually produce those documents or information to the court. Together they replace much of the old subpoena process for family violence and child safety records.
Which agencies can be ordered to share information under the Act?
The orders apply to “information sharing agencies”, which include state and territory police forces, child protection (child safety) departments, and firearms licensing authorities. These are the bodies most likely to hold records of family violence, abuse, neglect, or firearms risk relevant to a parenting matter.
Can the court make an information sharing order at any point in a case?
Yes. Under section 67ZBJ, the court can make an information sharing order at any stage of a parenting proceeding, either on application by a party or on its own initiative, so risk information can be updated as a case progresses rather than only at the outset.
What information is protected from disclosure under the Act?
Section 67ZBF protects certain material from disclosure, including information that would reveal the identity of a confidential informant, material subject to legal professional privilege or public interest immunity, and information that could endanger a person’s safety or prejudice an ongoing investigation.
Is the Information Sharing Act the same as the Family Law Amendment Act 2023?
No, they are related but separate reforms that commenced on the same day, 6 May 2024. The Family Law Amendment (Information Sharing) Act 2023 deals with how courts obtain family violence and child safety records. The broader Family Law Amendment Act 2023 removed the presumption of equal shared parental responsibility and changed how the court assesses a child’s best interests.
How can Ramsden Lawyers help if family violence is affecting my parenting matter?
Ramsden Lawyers can advise on whether an information sharing order is appropriate in your matter, prepare and respond to applications, and guide you through parenting and domestic violence proceedings with your safety and your children’s safety as the priority. Contact our family law team to discuss your situation.
