Recommendation 7–1 State and territory family violence legislation should contain guiding principles, which should include express reference to a human rights framework, drawing upon applicable international conventions.
Recommendation 7–2 State and territory family violence legislation should contain a provision that explains the nature, features and dynamics of family violence including: while anyone may be a victim of family violence, or may use family violence, it is predominantly committed by men; it can occur in all sectors of society; it can involve exploitation of power imbalances; its incidence is underreported; and it has a detrimental impact on children. In addition, family violence legislation should refer to the particular impact of family violence on: Indigenous persons; those from a culturally and linguistically diverse background; those from the gay, lesbian, bisexual, transgender and intersex communities; older persons; and people with disabilities.
Recommendation 7–3 The Family Law Act 1975 (Cth)should be amended to include a similar provision to that in Rec 7–2 explaining the nature, features and dynamics of family violence.
Recommendation 7–4 State and territory family violence legislation should articulate the following common set of core purposes:
- to ensure or maximise the safety and protection of persons who fear or experience family violence;
- to prevent or reduce family violence and the exposure of children to family violence; and
- to ensure that persons who use family violence are made accountable for their conduct.
Recommendation 7–5 State and territory family violence legislation should adopt the following alternative grounds for obtaining a protection order. That is:
- the person seeking protection has reasonable grounds to fear family violence; or
- the person he or she is seeking protection from has used family violence and is likely to do so again.
Recommendation 7–6 State and territory family violence legislation should include as the core group of protected persons those who fall within the following categories of relationships:
- past or current intimate relationships, including dating, cohabiting, and spousal relationships, irrespective of the gender of the parties and whether the relationship is of a sexual nature;
- family members;
- children of an intimate partner;
- those who fall within Indigenous concepts of family; and
- those who fall within culturally recognised family groups.