Family violence is a serious social issue that affects the health and well-being of thousands of Australians and has far reaching effects on the Australian community as a whole. The family law system has a role to play in identifying families at risk of violence and protecting them from harm.
On 24 March 2011, the Attorney-General, the Hon Robert McClelland MP, introduced the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 into Parliament. The bill was passed by the Parliament on 24 November 2011.
The Bill was the subject of an inquiry by the Senate Standing Committee on Legal and Constitutional Affairs. The Committee tabled its report in the Senate on 22 August 2011, making eight recommendations. More information about the Senate inquiry is available on the Committee inquiry website.
The Bill, which is available on the Parliament Information website, specifically targets family violence and child abuse among people involved in the family law system. The Bill will amend the Family Law Act 1975 to:
- prioritise children's safety
- encourage people to bring forward evidence of family violence and child abuse, and
- help members of the public and family law professionals to better understand, disclose and act on family violence and child abuse.
The Attorney-General has previously announced a range of other measures to improve the family law system’s response to family violence and child abuse. These include:
- a pilot of legally assisted family dispute resolution for families experiencing violence
- a review of court procedure and practice, to be undertaken by Professor Richard Chisholm
- development of minimum guidelines for screening and assessment for family violence
- a review to find ways of improving information-sharing across the family law system, and
- an investigation into harmonizing domestic violence and family law, to be conducted by the Australian and New South Wales Law Reform Commissions in consultation with other jurisdictions.
AVERT Family Violence: Collaborative Responses in the Family Law System training package
On 17 March 2011, the Attorney-General, the Hon Robert McClelland, launched the AVERT Family Violence: Collaborative Responses in the Family Law System training package.
The package is designed to provide professionals at all levels in the family law system, with a sound and practical understanding of family violence that promotes the safety of all involved. Issues covered include the impact of family violence and strategies for responding.
The package caters for a range of professionals working in the family law system, including:
- judicial officers
- legal practitioners
- counsellors
- psychologists
- family dispute resolution practitioners
- child contact service workers, and
- family consultants.
The package can be incorporated into existing training programs. It includes five DVDs containing audio-visual and written resources that can be mixed and matched according to the professional requirements of those undertaking the training.
To obtain copies of the package please email FLSIsection@ag.gov.au. The package can also be accessed via the AVERT Family Violence website.
Coordinated Family Dispute Resolution
On 24 March 2011, the Attorney-General Robert McClelland announced a co-ordinated family dispute resolution pilot aimed at providing a safe and supported family dispute resolution option in cases where there is family violence.
The pilot allows family members who are experiencing family violence (or have experienced it in the past) to access a safe family dispute resolution process, and the benefits mediation offers. The pilot brings together family dispute resolution practitioners, legal practitioners, domestic violence and men’s support services to assist separating parents to make parenting arrangements.
The Coordinated Family Dispute Resolution model was developed by Women’s Legal Service in Brisbane and the pilot is being evaluated by the Australian Institute of Family Studies. The model is being piloted in five locations:
- Newcastle, led by Interrelate
- Hobart, led by Relationships Australian Tasmania
- Western Sydney, led by Unifam
- Perth, led by Legal Aid WA, and
- Brisbane using a telephone dispute resolution service by Relationships Australia Queensland.
The pilots are part of the Governments response to the Time for Action report by the National Council to Reduce Violence against Women.
The Family Relationships Online site also provides the details of a range of services for families affected by family violence.