NCJ Number
232654
Date Published
2010
Length
1559 pages
Annotation
This official inquiry into family violence by the Australian Law Reform Commission (ALRC) and the New South Wales Law Reform Commission (the Commissions) is one of a number of concurrent inquiries on the subject, which reflects the strong and ongoing concern for victims of such violence and the public cost over time.
Abstract
The Commissions were asked to consider the interaction in practice of States and Territory family/domestic violence and child protection laws with the Family Law Act and relevant Commonwealth, State, and Territory criminal laws. They were also asked to examine the impact on victims of inconsistent interpretation or application of laws in cases of sexual assault that occurs in a family/domestic violence context, with reference to rules of evidence. In relation to both these issues, the Commissions were asked to consider "what, if any, improvements could be made to relevant legal frameworks to protect the safety of women and their children." The range of laws to be considered was broad, encompassing at least 26 legislative regimes. The reform of legal frameworks in this context extends beyond law in the form of legislative instruments to include education, information sharing, and other measures for improving police and prosecutorial practice. The overall theme of the chapters and recommendations is to improve safety and ensure that the laws in place are working well. The recommendations in this report are underpinned by four specific principles or policy aims that relevant legal frameworks should achieve "seamlessness, accessibility, fairness, and effectiveness."