3. A lot of concern = a lot of activity
• Family CourtViolence Inquiry
• Family Law Council
• AIFS evaluation
• Bagshaw and Brown report
• and others ....
3
5. ‘Family violence must be
disclosed, understood,
and acted upon’
FINDINGS
Family CourtViolence Review
5
6. • better risk identification –
screening/Forms
• equal responsibility ≠
equal time
• all considerations relevant
to identifying violence
(don’t distinguish
primary/secondary)
FINDINGS
Family CourtViolence Review
6
7. The Hon R McClelland MP
Attorney-General
I refer to the Australian Law Reform Commission for inquiry and
report pursuant to subsection 20(1) of the Australian law Reform
Commission Act 1996 the issues of ....
ReducingViolence against
Women and their Children
Terms of reference
7
8. 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
ReducingViolence against
Women and their Children
8
9. 9
‘the biggest risk factor
for becoming a victim of
sexual assault and/or
domestic and family
violence is being a
woman’
Time for Action
20. ICCPR art 23 –
‘The family is the natural and
fundamental group unit of
society and is entitled to
protection by society and the
State’
International responsibilities
20
21. ICCPR art 14–
‘a right to a ‘fair and public
hearing’
International responsibilities
21
23. CROC art 9(1)–
A child has the right to maintain
personal relations and direct
contact with both parents on a
regular basis
International responsibilities
23
24. Abduction convention –
• to secure the prompt return of
children wrongfully removed
• except where there is a grave
risk that his or her return would
expose the child to physical or
psychological harm
International responsibilities
24
25. Rights in tension
• Person using family violence fair hearing
• Family = fundamental unit protection
• Child entitled to protection best interests of
the child
• Child entitled to contact with parents except
abuse or neglect
• Abducted child prompt return
25
31. 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
NSWLRC website – www.lawlink.nsw.gov.au/lrc
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