Recommendation 17–1 The ‘additional consideration’ in s 60CC(3)(k) of the Family Law Act 1975 (Cth), which directs courts to consider only final or contested protection orders when determining the best interests of a child, should be amended to provide that a court, when determining the best interests of the child, must consider evidence of family violence given, or findings made, in relevant family violence protection order proceedings.
Recommendation 17–2 The Australian Government should initiate an inquiry into how family violence should be dealt with in property proceedings under the Family Law Act 1975 (Cth).
Recommendation 17–3 The Family Law Act 1975 (Cth) should be amended to provide separate provisions for injunctions for personal protection.
Recommendation 17–4 The Family Law Act 1975 (Cth) should be amended to provide that a breach of an injunction for personal protection is a criminal offence.
Recommendation 17–5 The Family Law Act 1975 (Cth) should be amended to provide that, in proceedings to make or vary a protection order under state or territory family violence legislation, a state or territory court may revive, vary, discharge or suspend a Family Law Act injunction for personal protection of a party to a marriage.
Recommendation 17–6 Section 114(2) of the Family Law Act 1975 (Cth), which permits a court to make an order relieving a party to a marriage from any obligations to perform marital services or render conjugal rights, should be repealed.