Type:	Journal Article
Title:	Island innovation, mainland inspiration: comments on the Tasmanian Family Violence Act
Other Titles:	Alternative law journal
Authors:	Wilcox, Karen
Keywords:	Legal issues;Interagency work;Criminal justice responses;Legislation analysis
Year:	2007
Publisher:	Legal Service Bulletin Co-operative Ltd
Citation:	32 (4), December 2007
Notes:	Journal is supported by Faculty of Law, Monash University. General Overview: :This article outlines innovative features of the Tasmanian Family Violence Act 2004. Discussion: :This article outlines innovative features of the Tasmanian Family Violence Act 2004. The author notes the importance of the Act in enabling the establishment of Australia's first state-wide integrated response to family violence, the Safe at Home Program. Key provisions of the Act are highlighted. These include a broadened definition of domestic/family violence, which includes non-physical violence, including emotional abuse and economic abuse. Other innovations discussed include the new offences of economic abuse, emotional abuse and assault on a pregnant woman, the introduction of Police Family Violence Orders, which circumvent the need for court determination in low risk matters and the new bail provisions, which require the court to consider whether risk and safety will be adversely affected before granting bail. Changes to the Residential Tenancy Act 1997 within the FVA also enhance the management of safety for victims, by providing courts with the capacity to transfer tenancy agreements to victims if there is an exclusion/ouster condition in the protection order. The author commends the innovations within the Act, but argues that some issues such as dual accountability and the absence of a Victorian-style specialist court, exercising concurrent family and criminal law jurisdiction, may require further exploration in order to enhance the Act's effectiveness.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15521
ISSN:	1037-969X
Appears in Collections:	Journal Articles

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