List of recommendations

2.100The Committee recommends that, in the next Parliament, the Australian Government work with the states and territories to increase the visibility of violent offenders across jurisdictions through the National Domestic Violence Order Scheme (NDVOS). NDVOS should enable and require real-time updating of family violence orders (FVOs), conditions and breaches.

2.102The Committee recommends that, in the next Parliament, the Attorney-General work with the states and territories to develop and implement a community education program to raise awareness of how FVOs are recognised and enforced across Australia through NDVOS, and the legal intersection between FVOs and parenting orders.

2.109The Committee recommends that, in the next Parliament, the Attorney-General advocate for, and assist all states and territories to:

adopt nationally harmonised:

olegal definitions of family, domestic and sexual violence (FDSV)

ofamily violence laws and consistency in access, application processes and enforcement, and messaging of FVO requirements

allow children and young people to apply for FVOs and to be named as protected persons on FVOs

rapidly improve police responses to reports of FDSV and police recognition of coercive control, including:

othe capacity of police to make own-motion FVOs

ominimising the risk of misidentification of victim-survivors as primary perpetrators and systems abuse

oimplementing culturally safe and trauma informed models of response

oimproving knowledge of the legal intersection between FVOs and parenting orders, and the obligation for police to assist victim-survivors to obtain FVOs and respond to breaches of FVOs in matters involving children where the statutory basis is met

ensure information, application forms and court proceedings are accessible for First Nations and culturally or linguistically diverse people, those with low digital literacy skills or poor online access, or who are living with disability

make court proceedings safer by:

osupporting all applicants to participate in hearings remotely if they wish

oensuring there are safe entrances and waiting areas, and safety protocols in all courts for applicants in FDSV matters

make amendments to laws to require courts making or varying an FVO to consider varying parenting orders to prioritise the safety of victim-survivors and children under section 68R of the Family Law Act 1975, and to notify the court that made the original parenting order if the parenting order is varied

include an option to apply for changes to parenting orders in application forms for FVOs.

3.123The Committee recommends that, in the next Parliament, the Australian Government increase the Federal Circuit and Family Court of Australia (FCFCOA)’s capacity to identify, respond and expedite high-risk FDSV and child abuse matters, including:

reducing wait times and overall costs for victim-survivors

extending Lighthouse and the co-location program

enhancing the support provided in Evatt List matters

supporting research into the circumstances where re-screening for FDSV risk in Lighthouse would be appropriate.

3.125The Committee recommends the Australian Government continue to lead the development and implementation of an enhanced national FDSV risk and information sharing framework, with the goal of establishing, in the next Parliament, a live dashboard that all decision-makers in FDSV and child abuse matters can access, noting:

the information sharing framework should go beyond court-initiated orders and the self-disclosure of parties and include existing FVOs and breaches, criminal matters, child protection issues, family law orders, and other information relating to FDSV and child abuse risks

the risk assessment principles and framework must address systems abuse and the abuse or risk of harm to animals, and provide strong referral pathways

consideration should be given to expanding information-sharing beyond current information-sharing protocols, with appropriate safeguards.

3.127The Committee recommends that, in the next Parliament, the Australian Government introduce measures to improve the safety of victim-survivors of FDSV at court during family law proceedings, including:

ensuring victim-survivors can attend court appointments remotely where there are safety concerns

meeting accessibility requirements for people with disability

ensure court facilities have adequate safe rooms, safe zones and security staff

enhanced protocols and training about safety planning for victim-survivors of FDSV.

3.130The Committee recommends that, in the next Parliament, the AustralianGovernment introduce measures to improve the accessibility of FCFCOA proceedings and the support provided to vulnerable groups, including:

supporting individuals with low English and/or digital literacy to complete relevant online forms such as the Lighthouse triage tool and to fully engage in court proceedings, including:

oaccess to interpreters when needed to ensure safety and procedural fairness

othe translation of information resources into key languages

expanding the number of Indigenous Family Liaison Officer positions to meet demand

piloting and evaluating Disability Liaison Officer and Cultural Liaison Officer positions within the family law jurisdiction.

3.135The Committee recommends that, during the next Parliament, the Australian Government amend section 114AB of the Family Law Act 1975 to ensure that the family law courts are empowered to make personal protection injunctions (PPIs) where necessary to protect victim-survivors and children.

3.136The Australian Government should work with the states and territories to resolve enforceability issues and consider developing amendments to the Act that criminalise breaches of PPIs.

3.138The Committee recommends that, in the next Parliament, the Australian Government pilot and evaluate a children’s advocate position in FCFCOA to support Independent Children’s Lawyers and ensure children’s voices are heard during parenting matters.

3.145The Committee recommends that, in the next Parliament, the Australian Government lead the development and implementation of a package of reforms to eliminate opportunities for systems abuse in the family law and state and territory FVO systems. Development of the reforms should consider:

evaluating the effectiveness of recent reforms to the Family Law Act 1975 and whether further changes are needed, for example clarifying that systems abuse is family violence in section 4AB

developing comprehensive, culturally safe, and trauma-informed training and resources for judicial officers and legal professionals on the dynamics, complexities, identification and appropriate responses to FDSV, including financial and legal systems abuse and animal abuse, that:

ois created and delivered by subject matter experts and those with lived experience and be regularly evaluated

oincludes specific First Nations training which is designed and delivered in partnership with Aboriginal Community-Controlled Organisations, as well as specific training on the unique issues that migrant and refugee women experience

implementing mandatory continuing professional development for all legal professionals engaged in FVO and family law matters

establishing a capacity-building service for judicial officers and other court staff

implementing a screening tool that identifies systems abuse and unmeritorious applications, and developing specialised processes and interventions that enable courts to intervene to protect victim-survivors in high-risk matters involving systems abuse

conducting research into the extent and impacts of misidentification at the intersection of FVO and family law proceedings and designing measures to strengthen the early identification and response to systems abuse

implementing a national outcomes measurement framework to monitor the outcomes of the family law courts’ decisions to determine the impact on victim-survivors. This could include reviewing decisions for instances of systems abuse and misidentification.

4.49The Committee recommends that, in the next Parliament, the Australian Government undertake a scoping study to explore the benefits and feasibility of a single advocacy support model for victim-survivors of FDSV.