The Domestic Family and Sexual Violence Commission has recently released the 2022-2023 Yearly Report to Parliament, the Yearly Report since the release of the National Plan to End Violence against Women and Children in 2022.
Domestic, Family and Sexual Violence Commissioner, Michaela Cronin, states in the Foreward to the report that “serious concerns have been raised that government systems, including the family court and child protection are causing harm and that police too often misidentify women as the primary aggressor… when they are the person most in need of protection”. The Commissioner goes on however to say that “if we are bold and determined” it is possible to achieve their goal of ending domestic, family and sexual violence within a generation.
The Report speaks about family law reform implemented by the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023 which are hoped will improve outcomes for women and children experiencing family violence, including:
1. Removal of the presumption in favour of parents sharing parental responsibility, and the pathway to consideration of equal time arrangements in the event that parents share parental responsibility;
2. Simplification of the factors that may be considered pursuant to Section 60CC of the Family Law Act in order to determine the best interests of children, and to place greater emphasis upon safety of children and their caregivers;
3. Strengthening of provisions to prevent harmful or vexatious proceedings;
4. Mandatory requirement for Independent Children’s Lawyers to meet with children, and seek their views;
5. Improved information sharing between government agencies.
The Report speaks of the need for drastic improvements in funding in order to improve outcomes for women and children, noting that “the experience and outcomes of involvement in family law processes is also influenced by a person’s access to legal representation”. Accordingly, there has been a greater call for increased funding to the community legal sector. The Report also speaks of the need for more targeted education regarding family violence for legal practitioners, and frontline workers, to assist in identifying and responding to family violence.
The release of the report also coincides with the announcement of Attorney General Mark Dreyfus on 30 August 2024 for a review of the Federal Circuit and Family Court of Australia Act 2021. The establishment of the Federal Circuit and Family Court of Australia in September 2021 was primarily directed towards improving efficiencies within the Court, in order to limit the duration of family law litigation. Amongst other things, the review will address the level of specialisation of judicial officers determining outcomes in family law litigation, however the Terms of Reference do not specifically call for a review of the family law system generally.
For family and domestic violence support and assistance, you can reach out to 1800 RESPECT via the National Helpline on 1800 737 732. For legal advice in relation to your family law matter, including family violence, contact Robinson + McGuinness to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.
Author: Margot McCabe, August 2024