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Record ID: 8ec26acd-c837-446a-bdce-b1f6e1832a01
Type: | Journal Article |
Title: | Law reform: time for change |
Other Titles: | Alternative law journal |
Authors: | Carr, Joanna |
Keywords: | Family law;Human rights;Criminal justice responses;Policy;Protection orders |
Year: | 2006 |
Publisher: | Legal Service Bulletin Co-operative Ltd |
Citation: | 31 (3), September 2006 |
Notes: |
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Journal is supported by Faculty of Law, Monash University.
General Overview: This article provides a summary of the Victorian Law Reform Commission’s Review of Family Violence Laws Report (2006), a review of Victoria’s Crimes (Family Violence) Act 1987.
Discussion: Former research and policy officer at the Victorian Law Reform Commission [VLRC], Joanna Carr, summarises the VLRC’s Review of Family Violence Laws Report, which found that the protection order system does not adequately protect those experiencing family violence.
Guided by a human-rights based approach and informed particularly by United Nations human rights conventions, the VLRC made 153 recommendations. Carr discusses eight of these including adoption of a Family Violence Act. This would include a more comprehensive definition of family violence.
The VLRC recommended increased legal advice, information and representation be made available to victims’ of domestic violence. In particular, it suggested that increased support for Indigenous women, migrant women and women with disabilities be prioritised. Relatedly, the VLRC recommended that information provided to women when filing for a protection order be in ‘plain English,’ to ensure their understanding.
The Report also contains recommendations that during the court process, the safety and emotional well-being of the victim is considered. To decrease the distress of the victim, the respondent should be prevented from cross-examining the applicant in person, technologies such as closed circuit television should be used and the court room should be made private where necessary. All court staff and magistrates working in family violence should receive training in order to gain a fuller understanding of this.
URI: | https://anrows.intersearch.com.au/anrowsjspui/handle/1/15575 |
ISSN: | 1037-969X |
Appears in Collections: | Journal Articles
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