Web resource:	http://www.fahcsia.gov.au/our-responsibilities/women/publications-articles/reducing-violence/national-plan-to-reduce-violence-against-women-and-their-children/domestic-violence-laws-in-australia
Type:	Report
Title:	Domestic violence laws in Australia
Authors:	National Council to Reduce Violence against Women and their Children
Keywords:	Family law;Legal issues;Protection orders;Legislation analysis
Year:	2009
Publisher:	Department of Families, Housing, Community Services and Indigenous Affairs
Notes:	General Overview: This report provides a comparative analysis of Commonwealth, state, territory and New Zealand laws relating specifically to domestic violence. It identifies similarities and differences between the legislation across the jurisdictions, as well as overlaps and potential gaps between the Family Law Act 1975 and state and territory protection orders. The report was prepared by the Australian Government Solicitor to assist the National Council to Reduce Violence against Women and their Children in the development of Time for action: the National Council’s plan to reduce violence against women and their children. It will be used to develop the Australian Government’s national plan and will also inform the Australian and New South Wales Law Reform Commissions’ inquiry into the interaction of domestic violence laws. Discussion: The report is divided into six parts. Part 1 contains the introduction, covers preliminary matters (scope and terminology) and provides an executive summary of the report. The authors note that the report examines how the relevant legislation operates at face value rather than in practice. Parts 2 and 3 discuss domestic violence protection orders. The report finds that the legislation is not substantially different across jurisdictions in many matters including: the type of relationships and conduct covered; the types of orders which can be made and prohibitions, restraints and conditions that can be imposed; the capacity for temporary orders to be made; and the criminal effect of contravening orders. However, the report identifies several major areas of difference including: the maximum penalties imposed for contravening orders; the obligation for police to take action in cases of suspected domestic violence; and the approach taken to counselling and rehabilitation programs. In regards to exclusion orders, the report notes key differences between jurisdictions in relation to: the factors courts may consider when making an order (e.g. the safety and accommodation needs of the protected person); and the impact of exclusion orders on parties’ tenancy rights. The portability of orders across jurisdictions is also raised as a matter of concern. The report suggests that a national registration scheme for orders would significantly enhance victim’s safety. Part 5 deals with domestic violence provisions in the Family Law Act 1975, while Part 6 explores the interaction between the Act and state and territory domestic violence laws. The report finds that the greatest potential for conflict between the laws arises when a parenting order under the Act and a state or territory protection order are in force simultaneously. While there are a number of provisions designed to avoid or resolve such conflicts, the report concludes that these measures are inadequate.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/18993
ISBN:	978191380518
Physical description:	252 p.
Appears in Collections:	Reports

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