Background
This is the first comprehensive review of censorship and classification since the ALRC report, Censorship Procedure, published in 1991 (ALRC Report 55). That report recommended a legislative framework that would enable the Commonwealth, states and territories to take a national approach to classification. Its recommendations formed the basis of the Classification (Publications, Films and Computer …
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Read moreReport outline
1.45 This chapter provides an outline of the background to the Inquiry and an analysis of the scope of the Inquiry as defined by the Terms of Reference. It also describes the development of the evidence base to support the law reform response as reflected in the recommendations of this Report.1.46 Chapter 2 describes the …
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Read moreRecommendations
Download Recommendations as a PDF.3. Common Interpretative FrameworkRecommendation 3—1 The Australian Government should amend the following legislation to include a consistent definition of family violence:Social Security Act 1991 (Cth);Social Security (Administration Act) 1999 (Cth);Child Support (Assessment) Act 1989 (Cth);Child Support (Registration and Collection) Act 1988 (Cth);A New Tax System (Family Assistance) Act 1999 (Cth);A New …
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Read moreImproving legal frameworks
A continuing projectThe Report contains 102 recommendations for reform of Commonwealth laws that affect people experiencing family violence. The Report builds upon the work undertaken by the ALRC and the New South Wales Law Reform Commission leading to the report, Family Violence—A National Legal Response, ALRC Report 114 (2010). Both inquiries emanate from the work …
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Read moreSummary of recommendations
Part A—Common ThreadsCommon interpretative frameworkAs a foundational aspect of establishing a common interpretative framework, in Chapter 3 the ALRC recommends including in the Commonwealth laws under review the same core definition of family violence. The ALRC considers that systemic benefits would flow from the adoption of a common interpretative framework across the specified legislative areas, …
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Read moreTerms of Reference
Impact of Commonwealth laws on those experiencing family violenceThe 2010 inquiry into family violence by the Australian Law Reform Commission and New South Wales Law Reform Commission (the Commissions) identified issues beyond its scope relating to the impact of Commonwealth laws (other than the Family Law Act 1975) on those experiencing family/domestic violence. In addition, …
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Read moreNon-judicially determined claims of family violence
International comparisons21.33 A number of overseas jurisdictions—including the US, Canada, UK and New Zealand—have family violence provisions. Although these models reflect differing policy considerations in their respective countries, their approaches to evidentiary requirements provide a useful point of comparison with the Australian system.United States 21.34 The US has a comprehensive legislative scheme for the protection …
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Read moreEducation, training and information dissemination
20.80 The ALRC recommends that the Australian Government should collaborate with relevant migration service providers, community legal centres, and industry bodies to ensure targeted education and training on family violence issues for decision makers, competent persons, visa applicants and visa holders. Recognition should be given to the fact that different groups within the migration system …
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Read moreOverview of the superannuation system
Superannuation legislation 19.5 There are a number of pieces of legislation and subordinate legislation that govern the operation of the superannuation system. For the purposes of examining ways in which the superannuation system as a legal framework could be improved to protect the safety of victims of family violence, the key pieces of legislation and …
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Read moreNational education and awareness campaign
15.45 A central theme that has emerged in the course of this Inquiry is the need for increased awareness and effective education and training about family violence in an employment context. A proper appreciation and understanding of the nature, features and dynamics of family violence, and its potential impact on employees and the workplace, is …
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