21.10.2010
Recommendation 30–1 The Initiating Application (Family Law) and Initiating Application (Family Law) Response forms should clearly seek information about past and current family violence protection and child protection orders obtained under state and territory family violence and child protection legislation and past, pending or current proceedings for such orders.
Recommendation 30–2 The Initiating Application (Family Law) and Initiating Application (Family Law) Response forms should be amended to include a question seeking more general information, for example, ‘Do you have any fears for the safety of you or your child or children that the court should know about?’
Recommendation 30–3 Non-publication provisions in state and territory family violence legislation should expressly allow disclosure of information in relation to protection orders and related proceedings that contains identifying information in appropriate circumstances, including disclosure of family violence protection orders to the federal family courts under s 60CF of the Family Law Act 1975 (Cth).
Recommendation 30–4 State and territory child protection legislation should not prevent child protection agencies from disclosing to federal family courts relevant information about children involved in federal family court proceedings in appropriate circumstances.
Recommendation 30–5 Federal family courts and state and territory child protection agencies should develop protocols for:
(a) dealing with requests for documents and information under s 69ZW of the Family Law Act 1975 (Cth); and
(b) responding to subpoenas issued by federal family courts.
Recommendation 30–6 State and territory family violence legislation should require courts exercising jurisdiction under that legislation to inquire about existing parenting orders under the Family Law Act 1975 (Cth), or pending proceedings for such orders.
Recommendation 30–7 Application forms for family violence protection orders in all states and territories, including applications for variation of protection orders, should clearly seek information about existing parenting orders under the Family Law Act 1975 (Cth), or pending proceedings for such orders.
Recommendation 30–8 Federal family courts should provide state and territory courts dealing with family violence and child protection matters—and others with a proper interest in such matters, including police and child protection agencies—with access to the Commonwealth Courts Portal to ensure that they have reliable and timely access to relevant information about existing federal family court orders and pending proceedings for such orders.
Recommendation 30–9 The Australian, state and territory governments should ensure that privacy principles regulating the handling of personal information in each jurisdiction expressly permit the use or disclosure of information where agencies and organisations reasonably believe it is necessary to lessen or prevent a serious threat to an individual’s life, health or safety.
Recommendation 30–10 The Australian, state and territory governments should consider amending secrecy laws that regulate the disclosure of government information to include an express exception to allow the disclosure of information in the course of a government officer’s functions and duties.
Recommendation 30–11 State and territory family violence legislation should expressly authorise the use or disclosure of personal information for the purpose of ensuring the safety of a victim of family violence or an affected child.
Recommendation 30–12 State and territory child protection legislation should expressly authorise agencies to use or disclose personal information for the purpose of ensuring the safety of a child or young person.
Recommendation 30–13 State and territory family violence legislation and child protection legislation should expressly provide for information sharing among specified agencies in specified circumstances, and should include provision to allow information to be shared with specified private sector organisations.
Recommendation 30–14 The Australian, state and territory governments should develop guidelines to assist agencies and organisations working in the family violence and child protection systems to better understand the rules relating to the sharing of information.
Recommendation 30–15 The Australian, state and territory governments should ensure that, in developing any database to allow the sharing of information between agencies and organisations in the family violence or child protection systems, appropriate privacy safeguards are put in place.
Recommendation 30–16 Federal family courts, state and territory magistrates courts, police, and relevant government agencies should develop protocols for the exchange of information in relation to family violence matters. Parties to such protocols should receive regular training to ensure that the arrangements are effectively implemented.
Recommendation 30–17 Federal family courts and state and territory child protection agencies should develop protocols for the exchange of information in those jurisdictions that do not yet have such arrangements in place. Parties to such protocols should receive regular training to ensure that the arrangements are effectively implemented.
Recommendation 30–18 A national register should be established. At a minimum, information on the register should:
(a) include interim, final and police-issued protection orders made under state and territory family violence legislation; child protection orders made under state and territory child protection legislation; and related orders and injunctions made under the Family Law Act 1975 (Cth); and
(b) be available to federal, state and territory police, federal family courts, state and territory courts that hear matters related to family violence and child protection, and child protection agencies.
Recommendation 30–19 The national register recommended in Rec 30–18 should be underpinned by a comprehensive privacy framework and a privacy impact assessment should be prepared as part of developing the register.