Inquiry into family violence orders
The Law Council of Australia provided a submission to the House of Representatives Standing Committee on Social Policy and Legal Affairs in its Inquiry into family violence orders (FVOs), adopted on 4 June 2024.
Navigating the family law system can be a potentially dangerous time for victim-survivors of family violence. Where children are involved, there are fundamental difficulties with concurrently navigating the state- and territory-based courts for family violence and child protection matters, and Division 1 or Division 2 of the Federal Circuit and Family Court of Australia to deal with parenting and property disputes under the Family Law Act 1975 (Cth). In this context of fragmented responsibilities between jurisdictions, access to, and the subsequent enforcement of, FVOs can be needlessly difficult.
The Law Council strongly supports measures aimed at better supporting victim-survivors of family violence, and assisting them to obtain timely and appropriate protections, including the provision of adequate legal advice. We also support measures that improve access to the remedies available – at both a federal and state/territory level – to individuals who are affected by family violence, including children.
Further, it is critical that individuals who belong to marginalised or disadvantaged groups – such as First Nations peoples, people living with a disability, and individuals who live in rural, regional and remote areas – can benefit from these measures.
We therefore welcome this Inquiry, noting its targeted focus on what can be done at the federal level to provide better access to FVOs for victim-survivors in the family law system, and the effective enforcement of those orders.
Read the full submission below.
Last Updated on 15/08/2024