Presentation by Professor Rosalind Croucher**, President, Australian Law Reform Commission, AIFS Seminar, 9 November 2010. Abstract: The problems of the division of responsibility between the Commonwealth and the states and territories are considerable—and the greatest impact is in relation to children. In 2002 the Family Law Council considered that ‘There is no greater problem in family law today than the problems of adequately addressing child protection concerns in proceedings under the Family Law’. In October 2010, the ALRC and NSWLRC concluded a joint inquiry into the interaction of laws responding to family violence across this federal-state divide. A recurring theme in the inquiry was that families may be involved in proceedings in more than one jurisdiction and often bounced between them—with the potential of falling into the gaps between the systems. This presentation explores the challenges for responding to family violence in a federal system within the constraints of a law reform body and as a joint project by two law reform commissions.

1. Fractured families,
fragmented responsibilities—
responding to family violence
in a federal system
Professor Rosalind F Croucher
President
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2. 2
The trigger

3. 3
2012-2022
• 750,000 women will experience
and report family violence
• Cost = $15.6 billion
Extent of the problem

4. The Hon R McClelland MP
Attorney-General
1) Interaction in practice of family violence/child protection/
criminal/Family laws
2) Impact on victims of inconsistent interpretation or
application of laws in cases of sexual assault
Terms of reference
Reducing Violence against
Women and their Children
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5. A joint project
5
Justice James Wood Emeritus Prof Hilary Astor

6. Family Law Act
Family
violence
laws
Child protection
Criminal
laws
Interaction in Practice

7. 7
Visibility

8. 8

9. Silos
Magistrates
court
Family Court

10. Family
violence
Family
law
Child
protection
Different planets
Be
friendly
Safety
of
victims
Protect
child
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11. Family Courts
No
investigative
arm
Child
protection
concern
State agency
– child has
protective
person
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Encountering the system

12. 12

13. The great divide
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• Marriage
• Divorce
• Matrimonial causes
• Parental rights
• De facto couples
• Ex-nuptial children

14. Cross-vesting
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15. Referral of power
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• Marriage
• Divorce
• Matrimonial causes
• Parental rights
• De facto couples
• Ex-nuptial children

16. 16
Family law system

17. 17

18. Magellan Program
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19. Other strategies
• Integrated services
• Specialist courts/divisions/lists
• Agreements/MOUs/protocols/practice
notes
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20. 20

21. The joint law reform challenge
• Technology
• Dividing responsibilities
• Reaching stakeholders
• Complementing the work of
others
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22. Technology
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DO not turn off computer—
In use by NSWLRC!!!

23. Reaching stakeholders
Brisbane
Mackay
Perth
Darwin
Alice Springs
Sydney
Melbourne
Hobart
Adelaide
Canberra
Wagga Wagga
Dandenong
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24. Complementingotherwork
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25. The activity
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26. The desired outcome
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27. The plea
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Theplea

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