Summary

3.1 In considering what, if any, improvements can be made to relevant legal frameworks to protect the safety of those experiencing family violence, the definition, and understanding, of family violence are key starting points. As a foundational aspect of establishing a common interpretative framework in this Inquiry, the ALRC recommends including in the Commonwealth laws under review the same core definition of family violence. The recommended definition of family violence describes the context in which behaviour takes place, as well as the types of conduct—both physical and non-physical—that may fall within the definition.

3.2 The ALRC considers that systemic benefits would flow from the adoption of a common interpretative framework across the specified legislative areas, promoting seamlessness and effectiveness in proceedings involving family violence for both victims and decision makers. Importantly, it should also enhance consistency in the treatment of family violence across the legislative frameworks.