Australian Law Reform Commission

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Issues in Focus - Variation and revocation of family violence protection orders


The variation and revocation of protection orders can raise interaction issues between family violence legislation and child protection legislation, and family violence legislation and the Family Law Act.

Contributing to ALRC inquiries

'Issues in focus' provides an opportunity to have input into particular issues as our work progresses. The ALRC will not attribute comments from this form to an individual without that individual’s prior consent. You will have a further opportunity to respond to our detailed Consultation Paper, due in March 2010.

 

Question 1. What issues arise concerning the variation and revocation of family violence protection orders? Is there a need for any legislative safeguards in this regard?

Question 2. In particular, who looks after a child’s interests when the person protected, usually the mother, is attempting to withdraw allegations or is seeking a variation of an order? Are there any particular issues  in this regard affecting victims who are

(a) indigenous;

(b) from a culturally or linguistically diverse background; or

(c) suffering from a mental, intellectual or physical disability?

Question 3. Are orders ever revoked or varied to gain tactical advantage in other proceedings?

The ALRC will not attribute comments from this form to an individual without that individual’s prior consent. In most cases the ALRC will attribute comments from this form to the ‘Family Violence Issues In Focus Comments Form’.

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This page was posted 8 December 2009

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