Integrated responses in the context of child protection
29.47 In the child protection context, a number of the states and territories have established inter-agency models to deliver coordinated services to children and young people who have been abused, or who are at risk of abuse. Each state and territory has developed specific investigative models based on its own child protection legislation and discrete …
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Read moreEssential elements of integrated responses
29.86 Integrated responses offer clear benefits for service delivery to victims, including—importantly for this Inquiry—improving the experience of victims involved in multiple proceedings across different legal frameworks. For example, fax-back protocols between police and victim support services, and co-location of services, facilitate victims’ access to a range of options and referrals. Another benefit is that …
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Read moreIntegrated responses in the context of family violence
29.11 Integrated responses to family violence in Australia have flourished in the past decade. The most comprehensive responses operate in the smaller jurisdictions of the ACT and Tasmania, combining both policy and operational elements. In Victoria, a broader policy response has been initiated, with funding for smaller-scale local partnerships as part of an Integrated Family …
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Read moreAttrition in sexual assault cases
26.11 Research has established that only a small proportion of sexual assaults enter the criminal justice system, and those that do face a range of barriers and filtering mechanisms, which means that few result in a charge, prosecution, or conviction.[4] This steady process of attrition has been the subject of much concern and is well …
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Read moreSexual assault in the family violence context
24.33 The important features of sexual assault in a family violence context include: multiple forms of sexual violence; a likelihood of repetition; and the fact that sexual violence is likely to be accompanied by other forms of violence.Multiple forms of sexual violence24.34 While this Inquiry is primarily concerned with sexual acts that are against the …
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Read moreInteraction between FDR and protection orders
23.31 As discussed in Chapters 21 and 22, s 60I of the Family Law Act requires that, before applying for a parenting order under pt VII of the Act, a person must first make a genuine effort to resolve the dispute by FDR. In some cases, however, separating families who have experienced family violence will …
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Read moreSection 60I Certificates: information about family violence
22.91 As discussed in Chapter 21, s 60I of the Family Law Act requires that, before applying for an order under pt VII of the Act (child-related proceedings), a person must first make a genuine effort to resolve the dispute by FDR. Subject to certain exceptions—including where the court is satisfied that there are reasonable …
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Read moreIntroduction
22.1 Under the Family Law Act 1975 (Cth), information obtained during family dispute resolution (FDR) and family counselling[1] is confidential and inadmissible in court proceedings, although there are exceptions.[2] 22.2 The exceptions to the confidentiality of such communications include where the FDR practitioner or family counsellor[3] reasonably believes disclosure is necessary for a range of …
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Read moreFDR and family counselling confidentiality
22.14 Sections 10D and 10H of the Family Law Act impose confidentiality obligations on family counsellors and FDR practitioners respectively. These persons must maintain the confidentiality of all communications made to them except in limited situations. First, communications may be disclosed with the consent of the person who made the communication or, if the person …
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Read moreFamily Dispute Resolution
21.9 This chapter considers the role of FDR in resolving family law disputes—in particular parenting disputes—and the interaction between FDR processes under the Family Law Act 1975 (Cth) and family violence.21.10 The use of FDR in the context of family violence presents complex challenges. In addition to significant concern about the safety of participants engaging …
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