Joint Select Committee on Australia's Family Law System

Interim report: Improvements in Family Law Proceedings, December 2020

Second interim report: Improvements in Family Law Proceedings, March 2021

---

---

---

Senate Legal and Constitutional Affairs References Committee

Report: Inquiry into domestic violence with particular regard to violence against women and their children, May 2020

Report: Practice of dowry and the incidence of dowry abuse in Australia, February 2019

---

---

House of Representatives Standing Committee on Social Policy and Legal Affairs

Report: A better family law system to support and protect those affected by family violence, December 2017

Recommendation	Government response (September 2018) and actions
Recommendation 1 4.226 The Committee recommends that the Australian Government considers extending the Family Advocacy and Support Services program, subject to a positive evaluation, to a greater number of locations including in rural and regional Australia.	Agreed in principle. Following evaluation, FASS program extended to 30 June 2022.
Recommendation 2 4.232 The Committee recommends that the Australian Government progresses, through the Council of Australian Governments, the development of a national family violence risk assessment tool. The tool must be nationally consistent, multi‑method, multi‑informant and culturally sensitive and be adopted to operate across sectors, between jurisdictions and among all professionals working within the family law system.	Noted. Government committed to developing an alternate approach using ‘national principles other than a national risk assessment tool’. ANROWS developed national risk assessment principles and published in July 2018. The Family courts also developed ‘DOORS triage’, a bespoke risk screen for use as part of a pilot in three family law court registries commencing in 2020.
Recommendation 3 4.240 The Committee recommends that the Australian Government introduces to the Parliament amendments to the Family Law Act 1975 (Cth) to require a risk assessment for family violence be undertaken upon a matter being filed at a registry of the Family Court of Australia or the Federal Circuit Court of Australia, using the national family violence risk assessment tool. The risk assessment should utilise the national family violence risk assessment tool and be undertaken by an appropriately trained family violence specialist provider.	Noted. Some action taken through the use of ‘existing, evidence-based, family violence risk assessment tools’. Also see above re DOORS triage pilot. Australian Government has also committed $11m over three years to improve information-sharing between the family law, family violence and child protection systems.
Recommendation 4 4.246 The Committee recommends, subject to a positive evaluation of the recently announced legally‑assisted family dispute resolution pilot, the Australian Government seeks ways to encourage more legally‑assisted family dispute resolution, which may include extending the pilot program.	Agreed in principle. Legally-assisted family dispute resolution pilots for culturally and linguistically diverse and Aboriginal and Torres Strait Islander families were extended by one year to June 2020. An evaluation will inform decisions about future models including Family Relationship Centres.
Recommendation 5 4.254 The Committee recommends that the Attorney‑General considers how the Family Court of Australia and the Federal Circuit Court of Australia can improve case management of family law matters involving family violence issues, including: - the adoption of a single point of entry to the federal family law courts so that applications, depending on the type of application and its complexity, are appropriately triaged, and actively case managed to their resolution in an expedited time-frame; - the greater use of mediation or alternative dispute resolution by the federal family courts during proceedings to encourage earlier resolution of matters; - the implementation of more uniform rules and procedures in the two federal family courts to reduce unnecessary complexity and confusion for families; - the establishment of formal and expedited referral pathways between state and territory magistrates courts and the federal family courts; and - the development of a stronger regime of penalties including cost orders to respond to abuse of process, perjury and non‑compliance with court orders.	Noted. The merger of Federal Circuit Court and Family Court of Australia [legislation passed in February 2021] cited as a means to create a ‘single point of entry’. Government considering the recommendation in the context of response to the Australian Law Reform Commission’s 2019 Report Family Law for the Future (ALRC review), and in conjunction with the major federal court structural reforms.
Recommendation 6 4.258 The Committee recommends that the Attorney‑General progresses through the Council of Australian Governments an expanded information sharing platform as part of the National Domestic Violence Order Scheme to include orders issued under the Family Law Act 1975 (Cth) and orders issued under state and territory child protection legislation.	Noted. The Council of Attorneys-General and Ministerial Council for Police and Emergency Management have agreed in principle that family protection injunctions will be recognised on the NDVOS and enforced by state and territory police. As part of the Fourth Action Plan of the National Plan the Government announced $0.6 million to scope technological solutions to facilitate information-sharing between family and, family violence and child protection systems.
Recommendation 7 4.261 The Committee recommends the Australian Government introduces to the Parliament amendments to the Family Law Act 1975 (Cth) to require a relevant court to determine family violence allegations at the earliest practicable opportunity after filing proceedings, such as by way of an urgent preliminary hearing and, where appropriate, refer to findings made, and evidence presented, in other courts.	Noted. Government is considering the recommendation in the context of the Government’s response to the ALRC review. Government points to federal family law court pilot of a systematic approach to identifying and managing family safety risks.
Recommendation 8 4.262 The Committee recommends that abuse of process in the context of family law proceedings be identified in the list of example behaviours as set out in section 4AB(2) of the Family Law Act 1975 (Cth).	Noted. This recommendation is being considered in the context of the Government’s response to the ALRC review.
Recommendation 9 4.264 The Committee recommends that the Attorney-General develops stronger restrictions in relation to access by other parties to medical records in family law proceedings.	Agreed. Attorney-General’s Department will work with federal law courts to ensure appropriate procedures are in place. This recommendation is being considered in the context of the Government’s response to the ALRC review.
Recommendation 10 4.270 The Committee recommends that the Attorney-General works with state and territory counterparts through the Council of Australian Governments to reach agreements (such as in relation to resources, education and court infrastructure) to encourage state and territory magistrates to exercise family law jurisdiction, particularly in specialist family violence courts and courts which deal with a high number of family violence matters.	Agreed. Government working to encourage and support increased exercise of family law jurisdiction by state and territory courts consideration family violence and child protection matters. Family law Amendment (Family Violence and Other Measures) Act 2018 expanded and clarified the family law jurisdiction of state/territory courts. Government points to pilot of the enhanced exercise of family law jurisdiction in the Northern Territory Local Court in Darwin running from 4 March 2019 to 31 December 2020.
Recommendation 11 4.272 The Committee recommends that the Attorney‑General works with state and territory counterparts through the Council of Australian Governments to establish a trial in one or more specialist state or territory family violence courts (including reaching agreement in relation to resources, education and court infrastructure) enabling family law issues in family violence cases to be determined by the one court, including expedited pathways for breach and enforcement proceedings. One of the trial courts should ideally be located in an area of high Indigenous population.	Agreed. See recommendation 10. Government notes pilot program was in the Northern Territory Local Court in Darwin, where Indigenous Australians make up 8.7 per cent of the population.
Recommendation 12 4.275 The Committee recommends the Attorney‑General introduces the Family Law Amendment (Family Violence and Cross-examination of the Parties) Bill 2017 into the Parliament for its urgent consideration such that perpetrators of family violence will be prohibited from cross examining the other party including in relation to the qualifications and funding of those appointed to undertake such cross examination.	Agreed. Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 now prohibits direct cross examination. Government has provided $13.4 million to legal aid commissions from 2019-23 for legal representation for applicants under the Family Violence and Cross-examination of Parties Scheme.
Recommendation 13 5.67 The Committee recommends that the Australian Government introduces to the Parliament amendments to the Family Law Act 1975 (Cth) to enable: - the impact of family violence to be taken into account in the Court’s consideration of both parties’ contributions; and - the impact of family violence to be specifically taken into account in the Court’s consideration of a party’s future needs.	Noted. Government noted that courts are already able to take family violence into account. This recommendation is being considered in the context of the Government’s response to the ALRC review.
Recommendation 14 5.71 The Committee recommends that the Australian Government introduces to the Parliament amendments to the Family Law Act 1975 (Cth) to include a requirement for an early resolution process for small claim property matters. This process should involve a case management process upon application to the Court for a property settlement, rather than a pre-filing requirement, which will provide greater certainty and more expeditious resolution.	Noted. Government announced $5.9 million for federal family courts to conduct a pilot of simpler and faster processes for small claims property disputes. The pilot commenced on 1 January 2020 and will run for two years.
Recommendation 15 5.74 The Committee recommends that the Attorney General: - develops an administrative mechanism to enable swift identification of superannuation assets by parties to family law proceedings, leveraging information held by the Australian Taxation Office; and - amends the Family Law Act 1975 (Cth) and relevant regulations to reduce the procedural and substantive complexity associated with superannuation splitting orders, including by simplifying forms required to be submitted to superannuation funds.	Agreed in principle. Government actively considering options to facilitate information sharing between parties following separation. Government noted $3.3 million for the Australian Tax Office as part of a joint measure with the Attorney-General’s Department to develop an electronic system to share superannuation information directly with the family courts. The proposed legislative measures are being considered in the context of the Government’s response to the ALRC review.
Recommendation 16 5.80 The Committee recommends that the Attorney-General’s Department considers options for legislative amendment to the Family Law Act 1975 (Cth) to enable the federal family courts to make greater use of court orders for the split or transfer of unsecured joint debt and shared liabilities following the separation of families, particularly those affected by family violence.	Agreed in principle. This recommendation is being considered in the context of the Government’s response to the ALRC review.
Recommendation 17 5.83 The Committee recommends that the jurisdictional limit on state and territory magistrates’ courts hearing family law property disputes be increased and that the Attorney-General introduces to the Parliament the Family Law Amendment (Family Violence and Other Measures) Bill 2017 to give effect to the increase.	Agreed. The Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 increased the threshold for hearing family law property disputes in state/territory courts without the consent of both parties.
Recommendation 18 5.86 The Committee recommends that the Family Law Act 1975 (Cth) be amended to extend sections 69ZN and 69ZX, which requires the Court to conduct proceedings in a way which safeguards the parties against family violence in parenting matters, to apply in property division matters.	Agreed in part. Amendments in Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 partially implemented this recommendation by introducing additional safeguards for victims of family violence in both parenting and property proceedings. This recommendation is being further considered as part of the Government’s response to the ALRC review.
Recommendation 19 6.130 The Committee recommends that the Australian Law Reform Commission, as part of its current review of the family law system, develops proposed amendments to Part VII of the Family Law Act 1975 (Cth), and specifically, that it consider removing the presumption of equal shared parental responsibility.	Noted. The ALRC review supported a presumption of shared parental responsibility as a starting point for negotiations between parents, recommending that it be replaced with a presumption of ‘joint decision-making about major long-term issues’ The Government is considering issues around the decision making framework for determining parenting matters as part of its response to the ALRC review.
Recommendation 20 6.136 The Committee recommends that the Attorney‑General extends the Family Advocacy and Support Services pilot, subject to positive evaluation, to include a child safety service attached to the Family Court of Australia and the Federal Circuit Court of Australia, modelled on the United Kingdom’s Children and Family Court Advisory and Support Service. The expanded service, which may require additional infrastructure, should: - provide ongoing supervision of the safety of children following orders made by a court; - bring applications to the Court where the risk of a child’s safety is of concern and where an exercise of judicial power is required to ensure the child’s ongoing safety; and - refer matters to state and territory child protection agencies, where required.	Noted. See recommendation 1, regarding the extension of the FASS program. Additionally, the government pointed to its funding of a co-location pilot of child protection and policing officials in family law courts, which commenced in January 2020.
Recommendation 21 6.148 The Committee recommends the Attorney‑General, through the Council of Australian Governments where necessary, works to improve the information available to courts exercising family law jurisdiction at the earliest possible point in proceedings by: - implementing the Family Law Council’s recommendations in its 2015 Families with complex needs and the intersection of the family law and child protection systems – Interim Report for information sharing protocols between the federal family courts and state and territory child protection departments; - establishing a child safety service attached to the Court that operates as a liaison between the federal family courts and child protection departments to ensure all relevant information is available to the Court at the earliest possible stage; and - consider the adoption of multi-disciplinary panels by state and territory governments for child abuse investigations which would assist the family law courts to determine whether family violence has occurred; and - works with the Family Court of Australia to extend the Magellan program to all parenting matters where there are allegations of family violence.	Agreed in part. Government is working with states and territories to improve information sharing between systems and jurisdictions, and is funding measures to support a more coordinated response to family safety issues. Government agrees to consider multidisciplinary panels for child abuse investigations by states and territories, and to consider options for extending the Magellan program or establishing a new case management program for matters involving allegations of family violence.
Recommendation 22 6.156 The Committee recommends the Attorney‑General pursues legislation and policy reform to abolish private family consultants, with family consultants to be only engaged and administered by the Court itself. Further, the Committee recommends the development of an agreed fee schedule to regulate the costs of family reports and other expert witnesses.	Noted. Government acknowledges the need to ensure that independent assessments prepared by family consultants are of a consistently high quality. Government notes that all reports prepared by family consultants are funded by the court at no cost to the parties, but fees charged by private practitioners are not regulated by the government. The Government is considering its response in the context of its response to the ALRC review, which recommends an accreditation scheme for family report writers.
Recommendation 23 6.159 The Committee concludes that the Court must be better informed of children’s views, concerns and matters affecting their welfare, and recommends that the Australian Law Reform Commission in its ongoing review of the family law system, examines and propose alternative mechanisms that would ensure children’s perspectives are heard in court.	Agreed. This issue was considered by the ALRC review, which made recommendations to improve the understanding of children’s experiences in the family law system and the roles of professionals including family consultants and independent children’s lawyers in engaging with children. Those recommendations are being considered by the Government in the context of its response to the ALRC review.
Recommendation 24 7.96 The Committee recommends that, as a matter of urgency, the Australian Government implements the Family Law Council recommendations from both the 2012 Improving the family law system for Aboriginal and Torres Strait Islander clients report, and the 2016 Families with complex needs and the intersection of the family law and child protection systems – Final Report, as they relate to Aboriginal and Torres Strait Islander families, including those recommendations addressing: - community education; - cultural competency; - service collaboration; - culturally diverse workforce; - early assistance and outreach; - legal and non-legal services; - interpreters; - cultural reports; - family group conferences; - participation of elders or respected persons in court hearings; and - consulting with Aboriginal and Torres Strait Islander representatives in the development of any reforms.	Noted. The Government supported the ALRC’s consideration of those Family Law Council recommendations as part of its review, and is considering improvements to the family law system for Aboriginal and Torres Strait Islander families in the context of its response to the ALRC review.
Recommendation 25 7.101 The Committee recommends that, as a matter of urgency, the Australian Government implements recommendations from both the 2012 Improving the family law system for clients from culturally and linguistically diverse backgrounds report, and the 2016 Families with complex needs and the intersection of the family law and child protection systems – Final Report, as they relate to culturally and linguistically diverse families, including those recommendations addressing: - community education; - cultural competency; - service integration; - culturally diverse workforce; - consultation with culturally and linguistically diverse communities in service evaluation; - interpreters; - cultural connection for children; and - family group conferences.	Noted. The Government supported the ALRC’s consideration of those Family Law Council recommendations as part of its review, and is considering this recommendation in the context of its response to the ALRC review.
Recommendation 26 7.103 The Committee recommends the Attorney‑General extends the Family Advocacy and Support Service pilot to include collaboration and referral pathways to specialist support services for families with additional challenges, using the Children and Family Court Advisory and Support Service model.	Noted. See recommendation 1, regarding the extension of the FASS program, as well as funding for dedicated men’s support workers in all FASS locations. Government noted that it may not be possible to replicate the same mechanisms used by [the UK] Children and Family Court Advisory and Support Service in the Australian context.
Recommendation 27 8.82 The Committee recommends that the Australian Government develops a national and comprehensive professional development program for judicial officers from the family courts and from states and territory courts that preside over matters involving family violence. The Committee recommends that this program includes content on: - the nature and dynamics of family violence; - working with vulnerable clients; - cultural competency; - trauma informed practice; - family law; and - ‘The Safe and Together Model’ for understanding the patterns of abuse and impact of family violence on children.	Agreed in principle. Attorney-General’s Department worked with National Judicial College of Australia to develop and deliver training for judicial officers, which was completed in November 2018.
Recommendation 28 8.83 The Committee recommends that the Australian Government develops a national, ongoing, comprehensive, and mandatory family violence training program for family law professionals, including court staff, family consultants, Independent Children’s Lawyers, and family dispute resolution practitioners. The Committee recommends that this program includes content on: - the nature and dynamics of family violence; - working with vulnerable clients; - cultural competency; - trauma informed practice; - the intersection of family law, child protection and family violence; and - ‘The Safe and Together Model’ for understanding the patterns of abuse and impact of family violence on children.	Agreed in principle. Government noted funding to Legal Aid NSW and federal family courts for training, and is working with state and territory governments to examine ways of improving the family violence competency of professionals working in the family law and family violence systems. The results of consultations in 2020 will shape the Government’s next steps.
Recommendation 29 8.84 The Committee recommends the Australian Government undertakes an evaluation of the Addressing Violence: Education, resources and training (AVERT) family violence training program, with consideration of its content, format, uptake, reach and effectiveness.	Noted. Government advised that this recommendation will be considered in conjunction with response to Recommendation 28.
Recommendation 30 8.87 The Committee recommends that the Australian Government develops a national accreditation system with minimum standards and ongoing professional development for family consultants modelled on the existing accreditation system for family dispute resolution practitioners. This system should include a complaints mechanism for parties when family consultants do not meet the required professional standards.	Noted. See response to Recommendation 22. This recommendation is being considered as part of the Government’s response to the ALRC review, which recommends an accreditation scheme for family report writers.
Recommendation 31 8.92 The Committee recommends that the Australian Government considers the current backlog in the federal family courts and allocates additional resources to address this situation as a matter of priority.	Noted. The merger of the Federal Circuit and Family Court of Australia [legislaton passed in February 2021] will provide for a legislated single point of entry and harmonised functions between the two courts. Government notes the Family Court of Australia and the Federal Circuit Court continue to work on harmonisation between the two courts. The Government continues to allocate funding to support proposed reforms.
Recommendation 32 9.40 The Committee recommends the Attorney‑General works to introduce ‘wrap-around’ services co-located in the federal family courts, modelled on the provision of these legal and non‑legal support services in the specialist family violence courts of the states and territories.	Agreed in principle. Government considers that the establishment of the FASS program partially addresses this recommendation. See Recommendation 1, regarding extension of the FASS program.
Recommendation 33 9.44 The Committee recommends the Attorney‑General works to establish a systematic court referral mechanism to evidence‑based, evaluated, best practice behaviour change programs, through an expanded Family Advocacy and Support Services program, which includes systematic reporting from behaviour change program providers to advise the Court on ongoing risks to families’ safety. Further, the Committee recommends that the Attorney‑General work with state and territory counterparts to ensure adequate funding of evidence‑based, evaluated, best practice behaviour change programs to support the mechanism.	Agreed in principle. See Recommendation 1 regarding extension of the FASS program, which includes additional funding for legal and social support services for intervening with perpetrators including men’s support workers.

Senate Finance and Public Administration References Committee

Report: Delivery of Outcome 4 of the National Plan to Reduce Violence Against Women and their Children 2010-2022, December 2017

Recommendation	Government response (March 2018) and actions
Recommendation 1 4.10 The committee recommends that the Government ensure that 1800 RESPECT first response triage counsellors and trauma counsellors have adequate qualifications and experience and an appropriate work environment. Specifically that: •The 1800 RESPECT first response triage service is staffed only by counsellors with a minimum three year tertiary degree in counselling or equivalent and a demonstrated minimum three years' experience in specialised counselling in family domestic violence and sexual assault counselling and working with clients from diverse backgrounds and locations. The committee recommends that the government review the working arrangements for first response counsellors employed by Medibank Health Solutions, and intervene to ensure that: •first responders receive appropriate initial and ongoing training; •appropriate clinical supervision is provided; •the practice of working from home cease; and • policies and procedures aimed at protecting clients, and also those aimed at protecting responders from vicarious trauma, are implemented. More broadly, the committee recommends that the government consider whether having a principal contractor, rather than the specialist services themselves, providing first responder services represents value for money and best-practice.	Supported. Government noted relevant policies, procedures and qualification requirements already in place. Government advises that the Department of Social Services continues to ensure that Medibank Health Solutions has adequate policies and procedures in place to protect clients using the service, ensure appropriate qualifications and experience and protect counsellors from vicarious trauma.
Recommendation 2 4.11 In respect of the trauma specialist counsellors, the committee recommends that sufficient funding be made available for the telephone counselling function of the 1800 RESPECT to ensure that there are sufficient specialist trauma counsellors to meet current and future demand for counselling, having regard to both quantitative and qualitative performance measures.	Supported. Government noted extensive funding for 1800RESPECT, including increases for implementing new service models. The Department of Social Services continues to monitor the appropriateness of 1800RESPECT funding to ensure affected people are able to access the high-quality support they need, when they need it, through 1800RESPECT.
Recommendation 3 4.18 The committee notes that many of the procurement and accountability issues revealed in this inquiry are the remit of the Australian National Audit Office (ANAO) and strongly recommends that the government management of the program and its procedures is reviewed by the ANAO.	Supported. The ANAO conducted a performance audit of the coordination and targeting of domestic violence funding and actions, including 1800RESPECT, which was released on 13 June 2019.
Recommendation 4 4.19 The committee recommends that the Department of Social Services develop an evaluation schedule for the 1800 RESPECT program and release a high level evaluation plan that includes the quantitative and qualitative performance measures the contractors and sub-contractors will be measured against.	Supported. The Government supported transparent and robust assessment of 1800RESPECT and published an evaluation report on 19 February 2020. An evaluation scheduled sits outside the evaluation report and is being considered by the department.
Recommendation 5 4.20 The committee recommends the Department of Social Services brief its staff and contractors on their legal and contractual requirements in program management and Senate Standing Orders.	Supported. The Government stated that processes are already in place to ensure all staff and contractors are adequately briefed and trained on legal and contractual requirements in program management and Senate Standing Orders. The Government noted that the Department of Social Services sought and acted upon legal counsel throughout the Senate Inquiry.
Recommendation 6 4.21 The committee further recommends that the government consider whether the principal contractor model, as currently arranged, represents value for money and best-practice. Specifically, the committee recommends that the government consider whether the value of the contract management services provided by Medibank Health Solutions (MHS) justifies the public funding provided to MHS for that purpose, or whether that is a function that would be better provided by government, with MHS retaining responsibility for the technological (telephony and online) aspects of the program.	Supported. The Government stated support for value for money and best-practice approaches to implementation. In September 2018, the Department of Social Services engaged the University of New South Wales to undertake an evaluation on the appropriateness of funding arrangements and sustainability of the service delivery model. The evaluation was completed in early 2020 and has informed future arrangements for the service. The Government will undertake an open approach to market in 2021 for a provider to deliver 1800RESPECT, which will consider value for money.
Recommendation 7 4.26 The committee recommends that the Department of Social Services require Medibank Health Solutions to develop 1800 RESPECT specific privacy information that clearly explains how personal information will be recorded and maintained. The privacy information will detail what the individual's options are, including opting out of recordings and remaining anonymous.	Supported. The Government noted that details about how personal information will be handled, used and managed is already available on the 1800RESPECT website. The Government points to the Department of Social Services continuing to monitor MHS’ compliance with contractual obligations re handling personal information.
Recommendation 8 4.27 The committee recommends that the Department of Social Services (DSS) require Medibank Health Solutions (MHS) to develop a clear statement for the 1800 Respect website detailing: •how MHS manages information, voice records and files; and •relevant information on the extent and limitations of privacy and confidentiality in a manner that they potential callers can fully understand. •that the DSS develop a clear, written protocol on handling of subpoenas and applying for privilege for MHS and subcontractors by March 2018. •that staff are informed of these protocols and their requirements. •that this protocol is made available on the 1800 RESPECT website.	Supported. The Government stated that MHS’ and the department’s approach is to act in the best interests of alleged victims while complying with the law. The 1800RESPECT website contains content on information management, privacy and confidentiality, including the approach to handling subpoenas. The adequacy of information provided to users is continuously monitored as a standard business practice.

Report: Domestic violence and gender inequality, November 2016

Inquiry: Domestic Violence in Australia, 2015

Interim report, March 2015

Recommendation	Government response (December 2016)
Recommendation 1 1.70 The committee recommends the Commonwealth Government restore funding cuts from legal services, housing and homelessness services and the Department of Social Services grants program, and guarantee funding under the National Partnership Agreement on Homelessness for at least four years.	Supported in-principle. Noted Government funding decisions made in April 2015 for additional emergency relief grants and specialised family violence services, and other funding already provided.
Recommendation 2 1.71 The committee supports the Productivity Commission recommendation that Australian, State and Territory governments should provide an immediate funding boost to legal assistance services of $200 million to address pressing gaps in services.	Supported in-principle.
Recommendation 3 1.72 The committee recommends all Australian governments work together with stakeholders, including front line services and peak advocacy groups, to develop a program to increase the capacity of services in the areas of prevention, early intervention and crisis support in accordance with the objectives of the National Plan and the Action Plans.	Supported. Noted focus on primary prevention and initiatives under the Second and Third Action Plans.
Recommendation 4 1.73 The committee recommends the Commonwealth Government supports increased coordination and communication between legal systems across jurisdictions.	Supported. Noted work underway on a national DVO scheme.
Recommendation 5 1.74 The committee recommends the Commonwealth Government support and expedite the harmonisation of intervention orders across jurisdictions. The Commonwealth Government should also identify opportunities to share information between agencies in order to address increasingly violent behaviour by perpetrators and assist at risk individuals.	Supported in-principle. Noted that laws relating to intervention orders are the responsibility of the states and territories. Noted work underway on a national DVO scheme.
Recommendation 6 1.75 The committee supports the inclusion of respectful relationships education in the national curriculum.	Supported.
Recommendation 7 1.76 The committee recommends increasing the availability of behavioural change programs for perpetrators and ensuring programs are evidence based.	Supported in-principle.
Recommendation 8 1.77 The committee recommends the Commonwealth Government provide funding certainty to Australia’s National Research Organisation for Women’s Safety and National Services beyond 2016 to support the completion of longer term research programs.	Supported in-principle.
Recommendation 9 1.78 The committee recommends a review of policies and services dedicated to the treatment of alcohol and other drug abuse in the Northern Territory and their impact on domestic violence, including urgent consideration to reinstate the Banned Drinkers Register.	Not supported. The Government does not support conducting further reviews, in light of extensive work already undertaken within the NT. Noted that the Banned Drinkers Register is a matter for the NT Government.

Final report, August 2015

Recommendation	Government response (December 2016) and actions
Recommendation 1 2.31 The committee supports victims of domestic and family violence having access to appropriate leave provisions which assist them to maintain employment and financial security while attending necessary appointments such as court appearances and seeking legal advice. The Commonwealth Government should investigate ways to implement this across the private and public sector.	Supported in-principle. The Government introduced five days’ unpaid family and domestic violence leave per year into the Fair Work Act’s National Employment Standards in December 2018. This followed the Fair Work Commission’s decision in March 2018 to insert a clause in all modern awards. The Commission will revisit the issue in June 2021.
Recommendation 2 3.62 The committee recommends that the Commonwealth Government investigate ways to improve consultation with the domestic and family violence sector, particularly in relation to the evaluation of the National Plan and Action Plans and to inform the development of future Action Plans.	Supported. The second, third and fourth Action Plans under the National Plan were developed following extensive consultation processes, and the third Action Plan was evaluated in consultation with ‘a range of key stakeholders’.
Recommendation 3 3.67 The committee recommends that the Prime Minister table an annual report to Parliament on progress in the effort to eliminate domestic and family violence, including listing all relevant funding decisions.	Not supported. Suggested that annual progress reports on the National Plan and action plans could be tabled by the Minister for Women. Information on initiatives funded under the Fourth Action Plan is published, and updated twice per year.
Recommendation 4 4.49 The committee recommends that the Australian Bureau of Statistics, along with Commonwealth, state and territory bodies involved in the development of the Personal Safety Survey consider the concerns raised during this inquiry about the adequacy of sampling sizes of particular subgroups within the community, such as women with a disability, women from culturally and linguistically diverse backgrounds, immigrant and refugee women, and Indigenous communities and endeavour to address these issues prior to the conduct of the next PSS.	Supported in-principle. Noted work undertaken by ABS and others, and the need to balance ABS data collection with feasibility, as well as procedures to maximise safety and ensure personal disclosure. DSS has commissioned the ABS to undertake a ‘deep dive’ to evaluate data gaps and barriers to collecting information on vulnerable cohorts.
Recommendation 5 5.59 The committee recommends that the Commonwealth Government lead and coordinate the work to facilitate data collection pursuant to the National Data Collection and Reporting Framework.	Supported in-principle. The DCRF is now applied by key statistical agencies including ABS’ Directory of Family, Domestic and Sexual Violence Statistics, and AIHW compendiums of FDSV. Fourth Action Plan provided $2m to ABS and AIHW to continue work to address data gaps and improve reporting and analysis.
Recommendation 6 5.61 The committee recommends that the Australian Bureau of Statistics, and other relevant organisations, investigate the feasibility of developing systems and tools which would enable survey questions, delivery and data analysis developed pursuant to the National Data Collection and Reporting Framework to be modified and made available for organisations to use on a local level.	Supported in-principle. Noted that priority is improving existing administrative systems.
Recommendation 7 5.65 The committee recommends that the Commonwealth Government provide necessary secure funding to ANROWS until at least the end of the implementation of the National Plan in 2022 to provide for the continuation of its research work and to enable ANROWS to conduct longitudinal research.	Supported in-principle. The Australian Government and all state and territory governments provided ANROWS with a four-year funding agreement (2016-2020), and have now committed to further funding at the same level to 2022.
Recommendation 8 6.67 The committee recommends that the Commonwealth Government consider focusing on work that reinforces the value of school based education across all age groups on respectful relationships and responses to domestic and family violence.	Supported. The ‘Respect Matters’ program, established in 2015, will make respectful relationships education resources freely available for use in all Australian schools from 2020-21.
Recommendation 9 6.68 The committee recommends that the Commonwealth Government, in light of the strong evidence pointing to the crucial need to prioritise primary prevention, take responsibility to lead and coordinate the delivery of these essential programs.	Supported. In addition to Our Watch’s national leadership role, the Fourth Action Plan included a specific role for Our Watch to deliver a National Primary Prevention Hub.
Recommendation 10 6.76 The committee recommends that governments ensure additional investment in primary prevention initiatives does not result in a reduction of funding for crisis services and that sufficient resources are available for any increased demand for services following specific campaigns.	Supported in-principle. Noted primary responsibility of states and territories. The Government continues to invest in both primary prevention and support for frontline services, and is working with states and territories to monitor the impact of Covid-19 on their services.
Recommendation 11 7.52 The committee recommends that the Commonwealth Government ensures the work being undertaken by COAG to develop a set of national outcome standards for perpetrator interventions use standards which are robust and sufficiently specific to ensure perpetrators are held accountable for their actions and the standards are demonstrably effective in breaking the cycle of violence. This work should consider the particular needs of ATSI, CALD and LGBTI perpetrators as well as those in regional areas.	Supported. A baseline report on the National Outcome Standards for Perpetrator Interventions (NOSPI), established in 2015, was published in 2018, and AIHW funded to build on this. The Government has also funded work by ANROWS to build the evidence base on perpetrator interventions.
Recommendation 12 7.54 The committee recommends that the recent report by the Centre for Innovative Justice at RMIT be considered by the COAG Advisory Panel to assist COAG to identify other opportunities to hold perpetrators to account and change their behaviours.	Supported. The authors of the study were consulted in development of the National Outcome Standards, and the Government has invested in initiatives to develop and strengthen perpetrator interventions and the evidence base.
Recommendation 13 8.47 The committee recommends the Commonwealth Government, through COAG, establishes and resources a subcommittee of First Ministers to enable jurisdictions to share the results of trials and to coordinate the development of best practice policy and service responses to domestic and family violence.	Not supported.
Recommendation 14 8.48 The committee recommends the Commonwealth Government, through COAG, take leadership in the facilitation of effective police responses to domestic and family violence, encouraging states to implement targeted training and programs.	Not supported. Noted that police responses are the responsibility of the states and territories. The Australian Government continues to invest in research that includes a focus on policing responses.
Recommendation 15 8.54 The committee recommends that the Commonwealth Government recognise the need to provide appropriate services to male victims of domestic and family violence.	Supported. Acknowledged that men do experience family violence, but there is also extensive evidence that domestic and family violence is gendered and the majority of victims are women. Noted support for MensLine as well as 1800RESPECT.
Recommendation 16 9.65 The committee recommends that the Evaluation Plan for the National Plan include a coordinated status report on the consideration of the recommendations in the 2010 report by the Australian and NSW Law Reform Commissions.	Not supported. Evaluation Plan for National Plan not an appropriate mechanism for this.
Recommendation 17 9.71 The committee recommends the Commonwealth Government through the Attorney-General's Department, coordinate the development of consistent training for and evaluation of family consultants who write family reports for the Family Court alongside the development of a national family bench book by June 2017.	Supported in-principle. Consistent with the independence of the judiciary, the Government will bring this recommendation to the attention of the courts.
Recommendation 18 9.72 The committee recommends the Commonwealth Government, through the Attorney-General's Department and COAG, facilitate the training of all judicial officers who preside over family violence matters, alongside the development of a national family bench book by June 2017.	Supported in-principle. Noted that judicial education in Australia is voluntary. Since the completion of the Bench Book in 2017, the Attorney-General’s Department has (co-)funded the development and delivery of family violence training for judicial officers.
Recommendation 19 9.75 The committee recommends that every effort is made by the Commonwealth Government to ensure that the critical work being undertaken by the COAG ministerial council to: agree a national domestic and family violence order scheme; report progress on a national information system to enable police and courts to share information on active DVOs; consider national standards to ensure perpetrators of violence against women are held to account at the same standard across Australia, for implementation in 2016; and consider strategies to tackle the increased use of technology to facilitate abuse against women and to ensure women have adequate legal protections is completed in accordance with the timetable agreed by COAG in April 2015.	Supported. The National Domestic Violence Order Scheme commenced in November 2017. National Outcome Standards (NOSPI) baseline report completed in 2018, and further work continues to build on that. Strategies to combat technology-facilitated abuse have included the enactment of the Enhancing Online Safety (Non-consensual sharing of intimate images) Act in 2018, and ongoing funding for the delivery of training by eSafety,
Recommendation 20 10.67 The committee recognises the importance of the provision and availability of supportive housing models to assist victims of domestic and family violence to find safety for themselves and their children. The committee recommends that the Commonwealth Government should play a lead role in identifying programs that could be implemented across the country, and in ensuring that specialist and 'wrap around' support services have access to dedicated, secure funding.	Noted. The provision of social housing and homelessness services is primarily the responsibility of state and territory governments. In 2019 the Government announced the Safe Places package, including $60m in grants for emergency accommodation, expected to be available from mid-2021.
Recommendation 21 10.68 The committee recommends that the Commonwealth Government, through COAG, facilitate the evaluation of existing legal measures and support programs that facilitate the removal of perpetrators of domestic and family violence from the family home so that victims many remain safely at home. If those legal measures are found to be successful, that the Commonwealth encourage all states to adopt nationally consistent 'ouster order' laws and support programs.	Supported in-principle. Noted that criminal law in relation to domestic violence is the responsibility of state and territory governments. The Australian Government continues the ‘Keeping Women Safe in their Homes’ program, which funds state and territory governments and other providers for activities such as risk assessments, safety planning, case management and home security upgrades.
Recommendation 22 10.72 The committee recognises the long term effort required to address domestic and family violence and recommends that the current Commonwealth short-term funding arrangements should be extended to a multi-year approach to reduce the level of uncertainty for services and to allow for adequate future planning in the sector.	Supported. The Fourth Action Plan includes multi-year funding agreements for many measures.

---

Recommendation 23 10.73 The committee recommends that the Commonwealth Government take a lead role in the provision of affordable housing solutions in Australia to meet long-term needs for those made homeless by domestic and family violence and in order to address the backlog of victims who cannot access affordable housing which stakeholders have identified during the inquiry.	Noted. The provision of social housing is primarily the responsibility of state and territory governments.
Recommendation 24 10.75 The committee recommends that the Commonwealth Government consider the framework developed by the Foundation for Alcohol Research and Education (FARE) as part of the cross–jurisdictional work it is leading through COAG to ensure the development of an integrated and focused effort to reduce the role of alcohol as a contributing factor in cases of domestic violence.	Supported in-principle. Noted that regulatory matters are legislated by state and territory governments. Also that while alcohol and substance abuse can be contributing factors to violence, they are not the cause, and most people who consume alcohol or drugs do not commit acts of family or domestic violence.
Recommendation 25 10.77 The committee recommends that the Commonwealth Government work with the states and territories to improve the availability of alcohol rehabilitation services, including culturally appropriate services for those living in regional and remote Indigenous communities.	Supported in-principle. The Australian Government has committed to funding drug and alcohol treatment services, as well as a number of prevention activities.