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Family Violence – the Law Reform Challenge AIFS 26 July 2012

Family Violence – the Law Reform Challenge AIFS 26 July 2012. Professor Rosalind F Croucher President. 2012-2022 750,000 women will experience & report family violence Cost = $15.6 billion. Time for Action. The Reports. A bigger problem. Alcoholism

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Family Violence – the Law Reform Challenge AIFS 26 July 2012

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  1. Family Violence – the Law Reform Challenge AIFS26 July 2012 Professor Rosalind F Croucher President

  2. 2012-2022 • 750,000 women will experience & report family violence • Cost = $15.6 billion Time for Action

  3. The Reports

  4. A bigger problem • Alcoholism • Drug addiction • Mental illness

  5. Family Law Act 2010 Report: Interaction in Practice Criminal laws Family violence laws 1 federal law 26 legislative regimes!!! Child protection 9 sets of laws 8 sets of laws 8 sets of laws

  6. Dear Government people, The plea The plea We women, we mothers, we look at you for the solutions and answers…

  7. Tragedies

  8. Tragedies

  9. Family Court Violence Inquiry Family Law Council AIFS evaluation Bagshaw and Brown report and others .... A lot of activity

  10. A lot of activity

  11. ‘Family violence must be disclosed, understood, and acted upon’ Chisholm Review

  12. better risk identification – screening/Forms • equal responsibility ≠ equal time • all considerations relevant to identifying violence (don’t distinguish primary/secondary) Chisholm Review

  13. Reaching stakeholders The federal system International responsibilities Different planets Law Reform Challenge

  14. Darwin Alice Springs Mackay Reaching stakeholders Brisbane Wagga Wagga Perth Canberra Sydney Adelaide Dandenong Melbourne Hobart

  15. Online forum plus blog Reaching stakeholders e-newsletters • Newsletters e-newsletters

  16. Reaching stakeholders

  17. The federal system Federal system

  18. Keep person away from aggrieved and children State versus federal AVOs Family Law Act Federal system ‘live with’/’spend time with’ orders

  19. State versus federal Family Courts Child protection concern Federal system No investigative arm State agency – child has protective person

  20. ICCPR CEDAW CROC Abduction convention International

  21. ICCPR art 23 – ‘The family is the natural and fundamental group unit of society and is entitled to protection by society and the State’ International

  22. CROC art 3(1)– ‘The best interests of the child shall be a primary consideration’ International

  23. CROC art 9(1)– A child has the right to maintain personal relations and direct contact with both parents on a regular basis International

  24. Abduction convention – • to secure the prompt return of children wrongfully removed • except where there is a grave risk that his or her return would expose the child to physical or psychological harm International

  25. Family = fundamental unit protection Child entitled to protection best interests of the child Child entitled to contact with parents except abuse or neglect Abducted child prompt return Rights in tension

  26. Child protection Protect child Family law Be friendly Different planets Family violence Safety of victims

  27. Principles for reform: • Seamlessness • Accessibility • Fairness • Effectiveness Some answers

  28. Improving legal frameworks: • common interpretative framework • corresponding jurisdictions • improved quality and use of evidence • better interpretation or application of sexual assault laws Some answers

  29. Improving practice: • specialisation • education and training • national family violence benchbook • information sharing and better coordination • national register of relevant orders Some answers

  30. A lot of concern = a lot of activity

  31. A lot of concern = a lot of activity

  32. Desired outcome

  33. ALRC website – all papers available online (free): www.alrc.gov.au Email: info@alrc.gov.au GPO Box 3708, Sydney 2001 For information about ALRC work, copies of speeches and presentations

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