key issues from the family violence inquiry awl conference 7 august
TRANSCRIPT
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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: [email protected]
GPO Box 3708, Sydney 2001
NSWLRC website – www.lawlink.nsw.gov.au/lrc