Domestic violence and sexual assault are criminal acts. The Council identified that preventing and reducing violence against women requires strong laws that are effectively administered and hold perpetrators accountable. The Council recommended urgent action is taken to establish a national registration scheme for domestic violence protection orders; 22 implement processes to review all deaths resulting from domestic and family violence; 23 make a reference to the Australian Law Reform Commission to examine the interaction of domestic violence, child protection and federal family law; 24 and, contribute to the development of the proposed Convention on Justice and Support for Victims of Crime and Abuse of Power. 25
Australia should have a fair and just legal system that holds perpetrators accountable and provides protection to victims of violence. The process of administering justice should ensure access for women including in providing evidence.
In 2008, the Government provided $500,000 to the Australian Institute of Criminology to undertake research into domestic-related homicides and identify opportunities to improve early intervention and the understanding of risk factors.
The Government continues to respond to domestic and family violence as part of its responsibility for family law. From 1 July 2009 family dispute resolution practitioners will be required to be skilled in domestic and family violence and the new family law environment. The Government is subsidising training for registered practitioners.
Major reforms to the Family Law Act 1975 were implemented in 2006. The Australian Institute of Family Studies is evaluating these reforms on behalf of the Government and is expected to report in late 2009.
The Government continues to support legal services that assist victims of domestic violence through community legal centres, Family Violence Prevention Legal Services and legal aid. The Government is also providing $400 million over two years to assist families experiencing relationship difficulties through specialist services provided from 458 Early Intervention Services, 65 Family Relationship Centres and 182 Post Separation Services. Programs include counselling, dispute mediation and parenting support. Families in conflict are supported by these programs with a range of services including the provision of safe venues for changeovers, and advising on contact arrangements with children.
In addition, the Government, through the Standing Committee of Attorneys-General:
- Has established a working group to develop a national scheme for the registration of domestic and family violence orders. This scheme will allow orders to be enforced across State and Territory borders.
- Will work with the States and Territories to assess the impact of strategies to encourage responsiveness to Coroners’ recommendations including on domestic violence related deaths.
- Has commissioned an audit of best practice in the investigation and prosecution of sexual assault cases.
The Australian Law Reform Commission will work with State and Territory Law Reform Commissions to examine the inter-relationship of Federal and State and Territory laws that relate to the safety of women and their children.
The Government will develop a multi-disciplinary training package for lawyers, judicial officers, counsellors and other professionals working in the family law system, to improve consistency in the handling of family violence cases.
A draft Convention on Justice and Support for Victims of Crime and Abuse of Power has been drafted by the World Society of Victimology and the International Victimology Institute. The Government is committed to upholding its international obligations and taking leadership within the United Nations to promote and protect human rights. The Government will consider the proposed Convention on Justice and Support for Victims of Crime and Abuse of Power within this context.