• Table of Contents
• Part 1: Introduction, Preliminary Matters and Executive Summary
• Part 2: Domestic Violence Protection Orders – overview of State, Territory and New Zealand legislation
• Part 3: Consideration of specific issues relating to State, Territory and New Zealand legislation
• Part 4: Stalking Offences
• Part 5: Domestic violence and family law issues – Overview of relevant provisions of the Family Law Act 1975
• Part 6: Overlap and conflict between the Family Law Act and State/Territory protection orders legislation
• Bibliography

Domestic violence laws in Australia

• Part 1: Introduction, Preliminary Matters and Executive Summary
  • Introduction
  • Preliminary Matters
  • Executive Summary
• Part 2: Domestic Violence Protection Orders – overview of State, Territory and New Zealand legislation
  • 1. Introduction and General Observations
  • 2. New South Wales: Crimes (Domestic and Personal Violence) Act 2007 (NSW)
  • 3. Queensland: Domestic and Family Violence Protection Act 1989 (Qld)
  • 4. South Australia: Domestic Violence Act 1994 (SA)
  • 5. Tasmania: Family Violence Act 2004 (Tas)
  • 6. Victoria: Family Violence Protection Act 2008 (Vic)
  • 7. Western Australia: Restraining Orders Act 1997 (WA)
  • 8. Australian Capital Territory: Domestic Violence and Protection Orders Act 2008 (ACT)
  • 9. Northern Territory: Domestic and Family Violence Act 2007 (NT)
  • 10. New Zealand: Domestic Violence Act 1995 (NZ)
  • Appendix to Part 2: penalties for breach of domestic violence protection orders
• Part 3: Consideration of specific issues relating to State, Territory and New Zealand legislation
  • 1. What constitutes domestic violence
  • 2. Exclusion orders
  • 3. Provision for counselling and rehabilitation programs
  • 4. Portability of orders
• Part 4: Stalking Offences
• Part 5: Domestic violence and family law issues – Overview of relevant provisions of the Family Law Act 1975
  • 1. Introduction
  • 2. Provisions relating to care of children and associated issues
  • 3. Protection orders and injunctions
  • Appendix to Part 5
• Part 6: Overlap and conflict between the Family Law Act and State/Territory protection orders legislation
  • 1. Introduction
  • 2. Conflict and inconsistency between orders under the Family Law Act relating to children and State/Territory protection orders
  • 3. Interaction between Family Law Act orders/injunctions and State/Territory domestic violence protection orders
  • 4. The Family Law Act and State/Territory protection orders legislation: Discussion of key issues
  • Appendix to Part 6
• Bibliography

---

© Commonwealth of Australia 2009

ISBN: 978 1 91380 51 8

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth, available from the Commonwealth Copyright Administration, Attorney-General’s Department. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General’s Department, Robert Garran Offices, National Circuit, Canberra ACT 2600
or posted at http://www.ag.gov.au/cca

Disclaimer: This report was prepared by the Australian Government Solicitor (AGS) at the request of the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA). It provides general information about Australian and New Zealand legislation relating specifically to domestic violence. The Report does not constitute legal advice, and nothing in the Report should be relied upon for the purposes of, or in connection with, a particular matter.

Readers should note that the Report discusses Commonwealth, State, Territory and New Zealand legislation as in force at 25 November 2008 (the date on which AGS originally provided the Report to FAHCSIA). The Report does not reflect any changes that may have been made to the legislation since that date.

Views expressed in this publication do not necessarily reflect the views of FaHCSIA or the Ministers responsible for the portfolios of Families, Housing, Community Services and Indigenous Affairs.

FaHCSIA10236.0906

[ top ]