The House Standing Committee on Social Policy and Legal Affairs has today released the report of its inquiry into family violence orders (FVOs). The report makes 11 recommendations, supported by all members of the Committee.
Chair of the Committee, Ms Susan Templeman MP, said 'Violence and abusive behaviour can escalate during family law proceedings, particularly in cases involving coercive control, when the power and dominance of perpetrators is threatened.'
'Women leaving abusive relationships must also navigate two separate court systems to protect themselves from their abusers. While parenting or property disputes are resolved through the Commonwealth family law courts, family violence orders are issued by state and territory courts. This dual system can be time-consuming, confusing, costly and re-traumatising for victim-survivors, and can put them at risk and anchor them to their abusers,' Ms Templeman said.
'Recent legislative reforms have improved the way family law courts manage the risk of family violence and child abuse by making it easier for them to share information with state and territory courts and agencies.
'Law reform must be accompanied by critical legal and non-legal support for victims-survivors. Last year the Commonwealth Government announced the largest ever investment in legal assistance, the $3.9 billion National Access to Justice Partnership. A renewed five-year Family, Domestic and Sexual Violence National Partnership will deliver over $700 million in new matched investments from the Commonwealth and state and territory governments.
'The inquiry found that many services who help victim survivors navigate the many complex aspects of the system are currently forced to turn people away, and we recognise the importance of tracking the significant new investment to ensure there is adequate, ongoing and sustainable funding for wrap-around legal and non-legal services.
'The Committee recommends further changes to build on these improvements to protect women and children.
'A systematic national approach is required. Measures to harmonise definitions of family, domestic and sexual violence, consistent FVO laws and police responses, and enhanced information sharing and risk assessment across jurisdictions would ensure consistent, safer responses and support for victim-survivors across Australia,' Ms Templeman said.
The Committee has also recommended:
- increasing the capacity of the Federal Circuit and Family Court of Australia to identify, respond and expedite high-risk family violence and child abuse matters, including reducing wait times and overall costs for victim-survivors
- making court appearances safer
- making proceedings more accessible and providing more support to people with low English and/or digital literacy or who are living with disability, to First Nations and culturally and linguistically diverse people, and to Australians who live outside of the major cities
- improving the capacity of the family law courts to make orders for the protection of victim-survivors, known as personal protection injunctions, and making these orders more effective
- piloting a children's advocate role to help ensure children are protected and their views are represented safely
- eliminating opportunities for systems abuse
- ensuring that police, the judiciary and legal professionals have a deep understanding of the nature and dynamics of family, domestic and sexual violence, including coercive control, and how systems can be used to perpetrate further abuse
- exploring a single advocacy support model for victim-survivors.
The report is available via the inquiry webpage.
