Family Violence Order Inquiry – Public Hearing
13 September 2024
On 30 August 2024, representatives from the Law Council, including its Family Law Section, appeared at a public hearing of the House of Representatives Standing Committee on Social Policy and Legal Affairs to provide evidence to its inquiry into family violence orders.
The Law Council appeared as part of a panel discussion with representatives from National Legal Aid and Women’s Legal Services Australia. Issues discussed by the panel at the hearing included:
- barriers to victim-survivors of family violence obtaining and enforcing family violence orders;
- approaches to risk assessments and information sharing across jurisdictions;
- the ability and willingness of magistrates in state and territory courts to vary, revoke or suspend orders made under the Family Law Act;
- the requirement for increased funding of the legal assistance sector under the National Legal Assistance Partnership;
- the benefits and limitations of applying for an injunction for personal protection orders under the Family Law Act; and
- the potential role of pro bono legal assistance for family law matters.
The Law Council’s appearance at the Parliamentary hearing followed its submission to the Committee on 6 August 2024, which was informed by contributions from the Family Law Section, in addition to several Constituent Bodies and Law Council Advisory Committees. The Law Council will provide a brief supplementary submission to the Committee, responding to a question taken on notice in response to the provision of pro bono legal services in family law matters.
The Committee is expected to publish its Final Report in late 2024, and the Law Council will engage with the Committee and its recommendations at that time. In the interim, the Law Council will continue to advocate for systemic improvements at the federal level. This includes the provision of increased resourcing for the Federal Circuit and Family Court of Australia, an adequately funded legal assistance sector (including to support the private legal profession to sustainably take on grants of legal aid for family law matters), and the improved availability of wrap-around support services – including interpreters – for both victim-survivors and perpetrators of domestic and family violence.
Last Updated on 19/09/2024
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