85. The ALRC is directed by the Terms of Reference to consider whether information sharing across Commonwealth, state and territory agencies is appropriate to protect the safety of those experiencing family violence.

86. The ALRC has heard in consultation that the MRT has, on occasion, had difficulty in ascertaining from courts whether family violence protection orders are in place when considering judicially determined claims of family violence.[101] The ALRC is interested in whether DIAC officers as primary decision makers also experience similar difficulties in accessing information from the courts relevant to judicially determined claims of family violence.

87. In ALRC Report 114, the Commissions recommended the establishment of a national register which would include certain information about protection orders and family law orders and injunctions.[102] The ALRC is interested in comment on whether the MRT and DIAC should have access to the proposed register.

88. The ALRC is also interested in stakeholder views about what other reforms, if any, are needed to improve information sharing between courts and decision makers in migration matters involving family violence.

Question 18 What measures can be taken to improve the ability of decision makers in migration matters to obtain information about family court injunctions, state and territory protection orders, convictions and findings of guilt?

Question 19 Should the MRT and DIAC have access to any national register introduced in line with recommendations in Family Violence—A National Legal Response (ALRC Report 114)?

Question 20 What other reforms, if any, are needed to improve information sharing between the courts and decision makers in migration matters involving family violence?

[101] Sobet Haddad, Migration and Refugee Review Tribunals, Consultation, Sydney 12 November 2010.

[102] Australian Law Reform Commission and New South Wales Law Reform Commission, Family Violence—A National Legal Response: Final Report, ALRC Report 114; NSWLRC Report 128 (2010), Rec 30–18.