Location of common definition
3.66 The ALRC considers that the key outcome is to achieve consistency of understanding across the Commonwealth legal frameworks under review. In some instances this will be achieved by including a common definition in the primary legislation itself; in others, the appropriate place may be elsewhere, such as in policy guides for decision makers. The …
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2.33 The Australian Government has identified a clear goal ‘to reduce all violence in our communities’, recognising that ‘whatever the form violence takes, it has serious and often devastating consequences for victims, their extended families and the community’.[46] The overarching objective of this Inquiry therefore reflects the Government’s objective—through recommendations for reform of legal frameworks …
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1.1 On 9 July 2010, the Attorney-General of Australia, the Hon Robert McClelland MP, asked the Australian Law Reform Commission (ALRC) to inquire into and report on the treatment of family violence in Commonwealth laws, including child support and family assistance law, immigration law, employment law, social security law and superannuation law and privacy provisions …
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Matters outside the Inquiry1.27 While the scope of the problem of family violence is extensive, the brief in this Inquiry is necessarily constrained both by the Terms of Reference and by the role and function of a law reform commission. 1.28 The ALRC acknowledges, as it did in Family Violence—A National Legal Response, that the …
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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 moreImproving legal frameworks
A continuing projectThis Report contains 102 recommendations for reform of Commonwealth laws that affect people experiencing family violence. The Report builds upon the work undertaken by the Australian Law Reform Commission (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 …
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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 moreTerms of Reference
Impact of Commonwealth laws on those experiencing family violence The 2010 inquiry into family violence by the Australian Law Reform Commission and New South Wales Law Reform Commission (the Commissions) has identified issues beyond its scope relating to the impact of Commonwealth laws (other than the Family Law Act 1975) on those experiencing family/domestic. In …
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The Australian Law Reform Commission (ALRC) released its National Classification Scheme Review Issues Paper on 19 May, 2011. The ALRC received over 2,300 submissions in response, over five times as many submissions as it has received for any previous inquiry. Of the submissions received, the ALRC had 819 requests that the submission remain confidential. It …
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Read moreAppendix C: Terms of Reference 2010–11
Reducing Violence against Women and their Children The 2009 report of the National Council to Reduce Violence against Women and their Children, Time for Action, acknowledged the complex interaction between State and Territory family/domestic violence and child protection laws and the Family Law Act 1975 (Cth). The National Council also stressed the importance of consistent …
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