Concept

In March 2017, the Parliamentary inquiry into a better family law system to support and protect those affected by family violence commenced with the following Terms of Reference:

The Committee will inquire into and report on how the federal family law system should be improved to better protect people affected by family violence. The inquiry will consider:

• how the family law system can more quickly and effectively ensure the safety of people who are or may be affected by family violence, including by: a. facilitating the early identification of and response to family violence; and b. considering the legal and non-legal support services required to support the early identification of and response to family violence;

• the making of consent orders where there are allegations or findings of family violence, having regard to the legislative and regulatory frameworks, and whether these frameworks can be improved to better support the safety of family members, as well as other arrangements which may be put in place as alternative or complementary measures;

• the effectiveness of arrangements which are in place in the family courts, and the family law system more broadly, to support families before the courts where one or more party is self represented, and where there are allegations or findings of family violence;

• how the family law system can better support people who have been subjected to family violence recover financially, including the extent to which family violence should be taken into account in the making of property division orders;

• how the capacity of all family law professionals—including judges, lawyers, registrars, family dispute resolution practitioners and family report writers—can be strengthened in relation to matters concerning family violence; and the potential for a national approach for the administration and enforcement of intervention orders for personal protection, however described.

Related URL: https://www.aph.gov.au/fvlawreform.