11.11.2010
Recommendation 6–1 State and territory criminal legislation—to the extent that it refers to the term ‘family violence’ in the context of homicide defences—should adopt the same definition as recommended to be included in state and territory family violence legislation (Rec 5–1). That is, ‘family violence’ should be defined as violent or threatening behaviour, or any other form of behaviour, that coerces or controls a family member or causes that family member to be fearful. Such behaviour may include but is not limited to:
- physical violence;
- sexual assault and other sexually abusive behaviour;
- economic abuse;
- emotional or psychological abuse;
- stalking;
- kidnapping or deprivation of liberty;
- damage to property, irrespective of whether the victim owns the property;
- causing injury or death to an animal irrespective of whether the victim owns the animal; and
- behaviour by the person using violence that causes a child to be exposed to the effects of behaviour referred to in (a)–(h) above.
Recommendation 6–2 State and territory family violence and criminal legislation should be reviewed to ensure that the interaction of terminology or definitions of conduct constituting family violence would not prevent a person from obtaining a protection order in circumstances where a criminal prosecution could be pursued.
Recommendation 6–3 Where the definition of family violence in state or territory family violence legislation includes concepts recognised in that state or territory criminal legislation—such as stalking, kidnapping and psychological harm—family violence legislation should expressly adopt the criminal law definitions of those concepts.
Recommendation 6–4 The Family Law Act 1975 (Cth) should adopt the same definition as recommended to be included in state and territory family violence legislation (Rec 5–1). That is, ‘family violence’ should be defined as violent or threatening behaviour, or any other form of behaviour, that coerces or controls a family member or causes that family member to be fearful. Such behaviour may include but is not limited to:
- physical violence;
- sexual assault and other sexually abusive behaviour;
- economic abuse;
- emotional or psychological abuse;
- stalking;
- kidnapping or deprivation of liberty;
- damage to property, irrespective of whether the victim owns the property;
- causing injury or death to an animal, irrespective of whether the victim owns the animal; and
- behaviour by the person using violence that causes a child to be exposed to the effects of behaviour referred to in (a)–(h).