Page 2149 - Week 07 - Tuesday, 2 August 2016
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The Family Violence Bill will expand the definition of family violence to ensure it includes emotional, psychological and economic abuse. This recognises that family violence is not just physical violence but can encompass a whole spectrum of behaviours that involve a person exercising control and power over the victim by inducing fear.
Looking at the Law Reform Commission’s report on family violence and at the submissions, I noted the strong case for ensuring the definition of family violence was appropriately broad. Submitters noted that improvements to the Victorian definition of family violence had flowed through in many positive ways. For example, the changes to the definition are being utilised in men’s behaviour change programs as an opportunity to talk about the impact of family violence such as the impact of controlling behaviours.
The Magistrates Court and Children’s Court of Victoria also said that the change of the definition has resulted in a significant increase of approximately 10 per cent in the number of applications to the courts for family violence protection orders. The courts said that the definition encourages magistrates to broaden their thinking about the risks associated with the history and dynamics of the relationship between the applicant and the respondent.
The bill will prevent a self-represented respondent from personally cross-examining an applicant for a family violence order. The intent here is to protect the rights of the complainant and protect them from the potential distress and humiliation caused by personal cross-examination.
As the New South Wales Law Reform Commission explained, this also has the potential to negatively impact on the complainant’s ability to answer questions and affect the quality and nature of the evidence received, especially where the complainant and the defendant have or have had an intimate or family relationship.
The same provisions already exist in relation to the cross-examination of complainants in sexual offence proceedings by unrepresented defendants. Questions are instead asked by a person appointed by the court. The bill allows police interviews with an adult victim of sexual assault to be used as evidence-in-chief in a criminal trial. This is already the case when a victim is under 18 years of age. This was a recommendation from the Australian Law Reform Commission, who pointed out that this is a mechanism to minimise the negative experiences of complainants of sexual assault in the criminal justice system. The commission does point out, however, that the wishes of the complainant should be taken into account in the decision-making process by the court and prosecutors. I would appreciate it if the Attorney-General can confirm that this will be the case when this new provision is put into practice in the ACT justice system.
The bill introduces after-hours orders which will allow police and courts to put in place appropriate measures to protect the person potentially subject to family violence. This is a good improvement which is another step in helping to keep victims safe. Similarly, the bill implements the scheme for national recognition of family violence orders to allow domestic violence orders issued in one jurisdiction to be automatically registered and enforced in all of the others.
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