1. Navigating the maze – the ALRC’s/NSWLRC’s Family Violence Inquiry Professor Rosalind F Croucher President

2. Deanne Bridgland’s story

3. 3 The trigger

6. Reducing Violence against Women and their Children Terms of reference 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 .... The Hon R McClelland MPAttorney-General

7. Reducing Violence against Women and their Children Terms of reference 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 The Hon R McClelland MPAttorney-General

8. Alcoholism Drug addiction Mental illness 8 Visibility

9. 9 Gendered focus ‘the biggest risk factor for becoming a victim of sexual assault and/or domestic and family violence is being a woman’

10. Family Law Act TOR 1: Interaction in Practice Family violence laws Criminal laws Child protection

11. Family Law Act Interaction in Practice Family violence laws Criminal laws 1 federal law 26 legislative regimes!!! Child protection 9 sets of laws 8 sets of laws 8 sets of laws

12. TOR 2: Impact of inconsistent interpretation Sexual assault Family violence context Rules of evidence

13. Intersection of the TOR Child sexual abuse

14. Maze IIEncountering the system

15. 15 The federal system

16. Encountering the system

17. Multiple players Medical practitioners/hospitals Schools Police Child protection agencies Family counsellors Family dispute resolution practitioners Lawyers Judicial officers

18. None Higgins and Kaspiew, ‘Mind the Gap’ (2008)

19. Maze IIIOther inquiries

20. AIFS evaluation Family Law Amendment (Shared Parental Responsibility) Act 2006

22. One in four mothers and around one in six fathers said that the other parent had hurt them physically prior to separation

26. Chisholm review FINDINGS ‘Family violence must be disclosed, understood, and acted upon’

28. equal responsibility ≠ equal time

30. establish a common knowledge base to assist in understanding the patterns and effects of family violence

31. communication between courts

33. judicial officers and others need to understand family violence

34. interaction between family courts and state and territory courts

35. ensuring concerns about violence are known at key points in processes

37. Recurring themes criminal versus civil public versus private law public versus private realms

38. Different discourses Child protection Family law Family violence

39. Competing discourses

40. Competing discourses ‘interpersonal conflict’ misunderstanding ‘protective parent’ dilemma ‘the mother is to blame’ phenomenon the ‘leave’ ultimatum the ‘tightrope’ women walk

41. Competing discourses PLUS Indigenous peoples – intergenerational removal of children cultural intersections – expectations of parents; parents’ expectations of children

42. ICCPR – ‘The family is the natural and fundamental group unit of society and is entitled to protection by society and the State’ International responsibilities

43. ICCPR – ‘a right to a ‘fair and public hearing’ International responsibilities

44. International responsibilities CEDAW – Any distinction, exclusion or restriction which prevents the equal exercise or enjoyment by women of human rights and fundamental freedoms ‘in the political, economic, social, cultural, civil or any other field’’

45. International responsibilities CROC – ‘The best interests of the child shall be a primary consideration’

46. International responsibilities CROC – A child shall not be separated from his or her parents against their will except – abuse or neglect

47. International responsibilities CROC – A child has the right to maintain personal relations and direct contact with both parents on a regular basis

48. International responsibilities 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 or otherwise place the child in an intolerable situation

49. 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

50. Out of the mazeThe law reform process

51. The inquiry process e-newsletters e-newsletters e-newsletters Family Violence Consultation document + Summary Advisory consultation meetings Family Violence Report Forums/roundtables Submissions Consultations Consultations Presentations

52. Consultations Women’s legal services Indigenous women’s legal services Judicial officers Specialist courts Academics and research organisations Police Roundtables

53. Consultation paper

54. Now it’s your turn YOUR COMMISSION NEEDS

56. Email submissions

57. Discussion boardYOUR COMMISSION NEEDS

58. Now it’s your turn 4 June 2010 YOUR COMMISSION NEEDS

59. Collective challenge

60. Desired outcome

61. 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