About the Inquiry
On 24 July 2009, the ALRC received Terms of Reference from the Attorney-General of Australia for an Inquiry to address issues concerning violence against women and their children.
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Background to the Inquiry
The 2009 report of the National Council to Reduce Violence Against Women and Their Children—Time For Action—identified the complex interaction between state and territory family and domestic violence and child protection laws and the Family Law Act 1975 (Cth). The National Council made a number of recommendations, including that the ALRC should undertake an inquiry into these laws.
The Immediate Government Actions announced by the Prime Minister on receiving the National Council’s report in April 2009 noted that the ALRC would 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.
At its meeting on 16–17 April 2009, the Standing Committee of Attorney’s General agreed that Australian law reform commissions should work together to consider these issues.
Related Family Law reviews and public inquiries are being carried out concurrently by other agencies. (See 'Related Inquiries' box below.)
Issues being considered by the ALRC
The Terms of Reference direct the ALRC to consider:
- the interaction in practice of state and territory family and domestic violence and child protection laws with the Family Law Act 1975 (Cth) and relevant Commonwealth, state and territory criminal laws; and
- the impact of inconsistent interpretation or application of laws in cases of sexual assault occurring in a family/domestic violence context, including rules of evidence, on victims of such violence.
In relation to both issues, the ALRC is to consider what, if any, improvements could be made to relevant legal frameworks to protect the safety of women and their children.
Violence against women and children remains a profound problem in Australia. The protection of women and children is predominantly dealt with under state and territory family and domestic violence laws and child protection laws. These laws vary across the jurisdictions, which may result in women and children being subject to different levels of protection depending upon where they live. There also may be problems recognising and enforcing apprehended violence orders across state and territory borders.
Another issue is how these laws interact with Commonwealth laws touching on family violence, such as the Family Law Act. The ALRC will explore whether the complexity of Australia’s federal system causes problems, such as inconsistent or incompatible protective orders; any duplication of effort by federal, state and territory courts; or any gaps or inadequacies in the cooperation between those courts and state and territory agencies.
The ALRC will also consider how the law should enable women and children to report family and domestic violence, participate in legal processes, and access appropriate remedies; as well as facilitate the rehabilitation of perpetrators and the prevention of family violence in the first place.
Many of the issues raised by this inquiry cut across previous work by the ALRC. The ALRC completed a major inquiry into domestic violence in 1984, and has also considered violence against women and children and related matters in a number of previous reports, including those focusing on the legal rights of children (1997), women’s equality before the law (1994) and uniform evidence laws (2005).
The ALRC is planning to publish one or more consultation papers for community debate and feedback. The final report and recommendations are due to be provided to the Attorney-General by 31 July 2010.
Issues not being considered by the ALRC
The Terms of Reference note that, in undertaking the Inquiry, the ALRC should not duplicate:
- the other actions being progressed as part of the Immediate Government Actions announced by the Prime Minister on receiving the National Council’s report in April 2009;
- the evaluation of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) reforms being undertaken by the Australian Institute of Family Studies; and
- the work being undertaken through the Standing Committee of Attorneys-General on the harmonisation of uniform evidence laws, in particular the development of model sexual assault communications immunity provisions and vulnerable witness protections.
Collaboration and cooperation
The ALRC has been directed to:
- work jointly with the New South Wales Law Reform Commission with a view to developing agreed recommendations and consult with other state and territory law reform bodies as appropriate;
- work closely with the Australian Government Attorney-General’s Department to ensure the solutions identified are practically achievable and consistent with other reforms and initiatives being considered in relation to the development of a National Plan to Reduce Violence against Women and their Children or the National Framework for Protecting Australia’s Children, which has been approved by the Council of Australian Governments; and
- consult with relevant courts, the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs, relevant state and territory agencies, state and territory Legal Aid Commissions, the Family Law Council, the Australian Domestic Violence Clearinghouse and similar bodies in each state and territory.
Register an Interest
Please register an interest in the ALRC Inquiry to receive email updates on the progress of the inquiry, as well as consultation papers when they are released.
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