key issues from the family violence inquiry awl conference 7 august

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Key Issues from the ALRC Family Violence Inquiry

Australian Women Lawyers7 August 2010

Professor Rosalind F CroucherPresident

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2012-2022• 750,000 women will experience & report family violence• Cost = $15.6 billion

Time for Action

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A lot of concern = a lot of activity

• Family Court Violence Inquiry• Family Law Council• AIFS evaluation• Bagshaw and Brown report• and others ....

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A lot

of

acti

vit

y

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‘Family violence must be disclosed, understood, and acted upon’

FINDINGS

Family Court Violence Review

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• better risk identification – screening/Forms • equal responsibility ≠ equal time• all considerations relevant to identifying violence (don’t distinguish primary/secondary)

FINDINGS

Family Court Violence Review

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The Hon R McClelland MPAttorney-General

I refer to the Australian Law Reform Commission for inquiry and report pursuant to subsection 20(1) of the Australian law Reform Commission Act 1996 the issues of ....

Reducing Violence against Women and their Children

Terms of reference

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The Hon R McClelland MPAttorney-General

1) Interaction in practice of family violence/child protection/ criminal/Family laws 2) Impact on victims of inconsistent interpretation or application of laws in cases of sexual assault

Terms of reference

Reducing Violence against Women and their Children

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‘the biggest risk factor for becoming a victim of sexual assault and/or domestic and family

violence is being a woman’

Time for Action

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Family Law Act

Family violence

laws

Child protection

Criminal laws

Interaction in Practice

1 federal law

26 legislative regimes!!!

9 sets of laws

8 sets of laws

8 sets of laws

Sexual assault

Family violence context

Rules of

evidence

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Impact of inconsistent interpretation

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The law reform challenge

• Reaching stakeholders• The federal system• International responsibilities•Different planets

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Reaching stakeholders

Brisbane

Mackay

Perth

Darwin

Alice Springs

Sydney

Melbourne

Hobart

Adelaide

Canberra

Wagga Wagga

Dandenong

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Reaching stakeholders

• Online forum plus blog

• Newsletters e-newsletters

e-newsletters

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Reaching stakeholders

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The federal system

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State versus federal

AVOs

Keep person away from aggrieved

and children

Family Law Act

‘live with’/’spend time with’ orders

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State versus federal

Family Courts

No investigative arm

Child protection concern

State agency – child has protective person

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International responsibilities

• ICCPR• CEDAW• CROC• Abduction convention

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ICCPR art 23 – ‘The family is the natural

and fundamental group unit of society and is entitled to protection by society and the State’

International responsibilities

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ICCPR art 14– ‘a right to a ‘fair and

public hearing’

International responsibilities

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International responsibilities

CROC art 3(1)–

‘The best interests of the child shall be a primary consideration’

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CROC art 9(1)– A child has the right to maintain personal relations and direct contact with both parents on a regular basis

International responsibilities

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Abduction convention – • to secure the prompt return of

children wrongfully removed • except where there is a

grave risk that his or her return would expose the child to physical or psychological harm

International responsibilities

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Rights in tension

• Person using family violence fair hearing

• Family = fundamental unit protection

• Child entitled to protection best interests of the child

• Child entitled to contact with parents except abuse or neglect

• Abducted child prompt return

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Family violenc

e

Family law

Child protectio

n Different planets

Be friend

ly

Safety of

victims

Protect child

‘Family violence must be disclosed, understood, and acted upon’

FINDINGS

Family Court Violence Review

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A lot of concern = a lot of activity

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A lot of concern = a lot of activity

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Desired outcome

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For information about ALRC work, copies of speeches and presentations

ALRC website – all papers available online (free):

www.alrc.gov.au Email: info@alrc.gov.au

GPO Box 3708, Sydney 2001

NSWLRC website – www.lawlink.nsw.gov.au/lrc