To facilitate input from individual members of the community, the Committee made available a questionnaire, which could be completed online or in hard copy. The questionnaire was launched in March 2017 and remained open until the end of September 2017. The questionnaire was completed by 5,490 respondents.
The questionnaire consisted of 65 questions which were a mix of closed and open questions, most of which were non-compulsory. This appendix presents a selection of quantitative results from the questionnaire. Some responses to the open text questions have been thematically integrated throughout the report.
Demographic Data
The majority of respondents were aged between 35 and 44 years, and identified as female.3.65 per cent of respondents identified as Aboriginal or Torres Strait Islander. The majority of respondents reported speaking English as a first language, and residing in Australia.
Aboriginal or Torres Strait Islander Status
|
|
|
|
|
Yes
|
182
|
3.65%
|
|
No
|
4,799
|
96.35%
|
|
Total
|
4981
|
100%
|
English as a first language
|
|
|
|
|
Yes
|
4,689
|
94.69%
|
|
No
|
263
|
5.31%
|
|
Total
|
4,952
|
100%
|
Residential Status
|
|
|
|
|
Yes
|
4,901
|
98.59%
|
|
No
|
70
|
1.41%
|
|
Total
|
4971
|
100%
|
Experience with family violence
The majority of respondents reported having experience with family violence, or having a family member or friend who has experienced family violence.
Do you have experience with family violence?
|
|
|
|
|
Yes
|
4601
|
91.69%
|
|
No
|
417
|
8.31%
|
|
Total
|
5018
|
100%
|
NB: Respondents were able to choose multiple answers, thus percentages will not total 100.
Involvement of Children
Over three quarters of respondents reported having care of one or more children. Further, three quarters of respondents also reported that the children had experienced family violence at some point. The majority of children had been exposed to family violence, or subjected to family violence personally. Interestingly, many respondents reported that their children had not been involved in the child protection system.
Do you care for children?
|
|
|
|
|
Yes
|
3,780
|
76.78%
|
|
No
|
1,143
|
23.22%
|
|
Total
|
4,923
|
100%
|
Have these children had experience with family violence?
|
|
|
|
|
Yes
|
3044
|
75.97%
|
|
No
|
963
|
24.03%
|
|
Total
|
4,007
|
100%
|
Have any of these children been involved in the child protection system?
|
|
|
|
|
Yes
|
914
|
22.90%
|
|
No
|
3077
|
77.10%
|
|
Total
|
3991
|
100%
|
Current and previous matters before a court
Approximately 30 per cent of respondents reported having current family law, child support or domestic violence matters presently before a court. The majority of these matters were pending before the Family Court of Australia or the Federal Circuit Court.
Over half of respondents recorded that they have been involved in previous matters before a court. Of these, the majority appeared before a Magistrates or district court.
Do you have any family law, child support or domestic violence matters currently pending before a court?
|
|
|
|
|
Yes
|
1449
|
30.31%
|
|
No
|
3331
|
69.69%
|
|
Total
|
4780
|
100%
|
Have you previously had any family law, child support, or family violence matters before a court?
|
|
|
|
|
Yes
|
2824
|
59.77%
|
|
No
|
1901
|
40.23%
|
|
Total
|
4725
|
100%
|
Parenting plans and child support assessments
Approximately one quarter of respondents had entered into a parenting plan or a parenting order by consent. Over half of respondents reported receiving a child support assessment, and over 40 per cent of respondents reported citing family violence as an issue in these assessments.
Have you had a child support assessment?
|
|
|
|
|
Yes
|
2796
|
60.48%
|
|
No
|
1927
|
39.52%
|
|
Total
|
4623
|
100%
|
When applying for your child support assessment, did you cite family violence as an issue?
|
|
|
|
|
Yes
|
1426
|
41.26%
|
|
No
|
2030
|
58.74%
|
|
Total
|
3456
|
100%
|
Property or spousal maintenance orders
Most respondents had not, and were not, seeking property or spousal maintenance orders. However, for those that had or were seeking orders, 25 per cent of these were property orders.
Have you had or are you seeking a property order or spousal maintenance order?
|
|
|
|
|
Property order
|
1091
|
25.53%
|
|
Spousal maintenance order
|
276
|
6.46%
|
|
Neither
|
3114
|
72.86%
|
|
Total
|
4274
|
104.85%
|
NB: Respondents were able to choose multiple answers, thus percentages will not total 100.
Family or alternative dispute resolution
Over half of the respondents reported having undertaken some form of formal family or alternative dispute resolution. However, less than 8 per cent of respondents were satisfied with the family or alternative dispute resolution process.
Have you undertaken any formal family or alternative dispute resolution?
|
|
|
|
|
Yes
|
2374
|
57.59%
|
|
No
|
1748
|
42.41%
|
|
Total
|
4122
|
100%
|
Court appearances
Over half of respondents reported that they had appeared before a court in relation to a family violence matter. In the majority of these cases the respondent was self-represented or represented by a privately funded legal representative. Interestingly, respondents reported that the ‘other’ party was mostly represented by a privately funded legal representative.
Responses to the questionnaire also indicate significant safety concerns for respondents regarding being in the courtroom. Despite this, only 24 per cent of respondents report being offered a safety plan in relation to their court appearance.
Have you ever appeared before a court in relation to a family violence matter?
|
|
|
|
|
Yes
|
2379
|
56.82%
|
|
No
|
1808
|
43.18%
|
|
Total
|
4187
|
100%
|
Were you offered a safety plan in relation to your court appearance?
|
|
|
|
|
Yes
|
638
|
24.75%
|
|
No
|
1940
|
75.25%
|
|
Total
|
2578
|
100%
|
Self-representation
High number of respondents who reported representing themselves in court, expressed dissatisfaction with the support and assistance provided by the courts as well as support services. However, more respondents reported being ‘satisfied’ or ‘very satisfied’ with support services, as compared to courts.
Cross-examination
Just under half of respondents to the questionnaire stated that they had been subject to cross-examination at court. However, the majority of respondents were not cross-examined by the person accused of perpetrating family violence. Similarly, most respondents were not required to cross-examine the person accused of family violence. Regardless, 72 per cent of respondents expressed dissatisfaction with the way the court had handled the cross-examination process.
Table 6.Were you subjected to cross-examination at court?
|
|
|
|
|
Yes
|
1018
|
45.96%
|
|
No
|
1197
|
54.04%
|
|
Total
|
2215
|
100%
|
Were you directly cross-examined by a person accused of perpetrating family violence against you or a family member?
|
|
|
|
|
Yes
|
381
|
17.79%
|
|
No
|
1761
|
82.21%
|
|
Total
|
2142
|
100%
|
Were you required to directly cross-examine a person accused of perpetrating family violence against you or a family member?
|
|
|
|
|
Yes
|
266
|
12.52%
|
|
No
|
1858
|
87.48%
|
|
Total
|
2124
|
100%
|
Were you satisfied with how the cross-examination process was handled by the court?
|
|
|
|
|
Yes
|
357
|
27.27%
|
|
No
|
952
|
72.73%
|
|
Total
|
1309
|
100%
|
Court Orders
The majority of respondents had obtained a court order in relation to family violence, in an attempt to keep them or their children safe. 27 per cent of respondents reported having had a court order brought against them.
Have you obtained any type of court order relation to domestic or family violence for your own safety or that of your children?
|
|
|
|
|
Yes
|
1611
|
72.57%
|
|
No
|
609
|
27.43%
|
|
Total
|
2220
|
100%
|
Has any court order been granted against you as a result of domestic or family violence?
|
|
|
|
|
Yes
|
608
|
27.65%
|
|
No
|
1591
|
72.35%
|
|
Total
|
2199
|
100%
|
Multi-jurisdictional issues
Almost half of respondents had legal proceedings occurring in more than one court and, of those, 80 per cent felt unsatisfied with the coordination between courts.
In relation to any family violence matters, have you been involved in legal proceedings in more than one court?
|
|
|
|
|
Yes
|
1078
|
48.89%
|
|
No
|
1127
|
51.11%
|
|
Total
|
2205
|
100%
|
Were you satisfied with the level of coordination between the different courts?
|
|
|
|
|
Yes
|
244
|
19.84%
|
|
No
|
986
|
80.16%
|
|
Total
|
1230
|
100%
|
Capacity of family law professionals
Respondents rated most family law professionals as having very poor understanding of family violence. Less than 10 per cent of respondents rated any category of family law professionals as having more than an adequate level of understanding of family violence.
Progress of matters before court
Approximately half of respondents reported that their matters were resolved by court judgement. Further, over 30 per cent of respondents indicated that one or more of their matters were not yet resolved, and were the subject of further proceedings.
Once finalised, were any of your matters the subject of further proceedings?
|
|
|
|
|
Yes
|
923
|
37.64%
|
|
No
|
1529
|
62.36%
|
|
Total
|
2452
|
100%
|
Financial Recovery
The majority of respondents reported suffering financial hardship as a result of family violence.
Have you suffered financial hardship as a result of family violence?
|
|
|
|
|
Yes
|
3004
|
84.79%
|
|
No
|
539
|
15.21%
|
|
Total
|
3543
|
100%
|
Safety in the family law system
The majority of respondents reported that they felt unsafe or very unsafe within the family law system. Less than 15 per cent of respondents had felt safe within the family law system.