In November 2002, the Victorian Attorney-General referred the issue of family violence to the Victorian Law Reform Committee.  The Committee’s task was to consider and report on the changes needed to ensure Victoria has the best available response to the problem of family violence.  On 1 March this year, the Committee released its final report.

Family violence is an issue that affects the whole community, especially women and children.  At least one in five Victorian women is affected by family violence, which is the leading contributor to death, disability and illness in the under 45 age group. The statistics are alarming, particularly when a high proportion of reported incidents are repeat offences.

An estimated $2 billion is currently spent in Victoria on matters of family violence (approximately $8 billion spent nationally), with a 72.2 per cent increase in the number of intervention orders sought by police from family disputes between 2004 and 2005. 

In the past, the response by police, the courts and community services has been fragmented.  While improvements have been made, last November the Victorian Government committed $35.1 million, over four years, to develop a more effective response to family violence in this State. The initiative is relying on a holistic approach, spanning Women’s Affairs, Police and Emergency Services, Community Services and Children, Housing and Local Government, and the Attorney General’s office.

Perhaps the greatest focus is on the justice system.  The Victorian Law Reform Commission report lists 153 recommendations for better protection of victims of family violence.

One of the more problematic features of the current legislation is the Intervention Order system, which arguably fails to treat family violence matters seriously when measured against other community disputes. A new Act dealing exclusively with family violence and ensuring a consistent approach from the police and the courts is one of the reforms proposed by the Commission.

Other recommendations include:

·       Clarifying definitions of ‘family violence’ and ‘family members’

·       Training for police and court personnel on matters of family violence

·       Prioritising intervention order breaches (to prevent repeat offences)

·       Improving the interaction between intervention orders and Family Court orders where children are involved

·       Establishing a specialist police prosecutions unit to respond more efficiently to applications for intervention orders and criminal prosecutions

·       Providing easier access to courts and improving physical safety measures

·       Providing alternative methods for victims giving evidence

·       Implementing a broad community education campaign

The report of the Victorian Law Reform Committee is to be applauded for putting a range of issues concerning the response to family violence firmly back on the agenda.  An integrated and coordinated response across the various government agencies and community services that deal with the effects of family violence will be welcomed by all, especially those who need support and protection from this complex and far reaching social problem.

More information

From the LIV Bookshop Domestic Violence in Australia: The Legal Response, Renata Alexander $35