Type:	Journal Article
Title:	A new approach to family violence laws in Victoria
Other Titles:	Domestic Violence & Incest Resource Centre Newsletter
Authors:	Morrison, Zo?
Keywords:	Legislation analysis;Protection orders;Policing
Year:	2006
Publisher:	Domestic Violence & Incest Resource Centre
Citation:	(1), Autumn 2006
Notes:	This article discusses some of the main recommendations from the Victorian Law Reform Commission’s final report on family violence laws, which had provided a review of the Crimes (Family Violence) Act 1987 on the intervention order system in Victoria. The Victorian Law Reform Commission recommended that a new Act be introduced to exclusively address family violence. Recommendations also included that a new Act contain clearer purposes to ensure the safety and to provide victims with effective and accessible remedies. When making decisions under the Family Violence Act, the courts were recommended to have regard to matters such as the particular characteristics and dynamics of family violence (predominantly perpetrated by men against women and children); promotion of non-violence as a social value; to ensure that victims are treated with dignity and respect; and to ensure the perpetrators are held accountable. A new definition of family violence was recommended, including that of emotional and economic abuse. An expanded definition of ‘family member’ was recommended: 1. to include a relative according to Aboriginal tradition or social practice; 2. to include a relative according to any other traditional or contemporary social practice such as in migrant communities; and, 3. to include relationship between carers. Recommendations were made with regard to police and the Code of Practice for the Investigation of Family Violence, such as proactive response to family violence, gathering evidence, pro-arrest and intervention orders on behalf of victims. The Commission recommended that the Code’s implementation be independently evaluated; that Victoria police make more efforts on training, cultural awareness and barriers experienced by particular groups; the establishment of a specialist police prosecution unit; that police make an application for an interim intervention order without the victim’s consent; and the abolition of the crime of aiding and abetting a breach of the intervention order by the victim. Recommendations were made that a specialist list for family violence matters be established in the Magistrates’ Court; that all applicants for intervention orders have access to legal advice and legal representation if the application is defended; as well as making Magistrates’ Courts more accessible such as separate waiting areas and changes to the way people give evidence in the court. After-hours interim orders were recommended to be made by the Magistrates’ Court. Recommendations with regard to child contact arrangements were also made to ensure magistrates are trained to use their existing powers.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13129
ISSN:	1324-4264
Appears in Collections:	Journal Articles

Items in ANROWS library are protected by copyright, with all rights reserved, unless otherwise indicated.