Family Violence Act 2004  - Review Terms of Reference

The Family Violence Act 2004 (the Act) indicates that it is “An Act to provide for an integrated criminal justice response to family violence which promotes the safety of people affected by family violence.”

Section 43 of the Act says “A review into the provisions of this Act including an investigation of the effectiveness of its mechanisms will be conducted by the Minister and tabled in Parliament within 3 years of the commencement of the Act.”

The Act was introduced to enable the delivery of the integrated ‘Safe at Home’ response to family violence. The objectives of Safe at Home are to:

• Achieve a reduction in the level of family violence in the medium to long term,
• Improve safety for adult and child victims, and
• Change the offending behaviour of those responsible for the violence.

Safe At Home is based on the following principles:

• The safety of victims is paramount,
• Police are responsible for providing immediate intervention to secure victim safety and manage the risk that the offender might repeat or escalate the violence,
• The victim does not determine the response of the justice system,
• Family violence is a crime and arrest and prosecution will occur wherever evidence of an offence exists,
• Wherever possible victims should be able to choose to remain in or return (as soon as possible) to their own homes, and
• The criminal justice response to family violence should be seamless and the roles and responsibilities of each participating agency and service should be clear.

In accordance with Section 43 of the Act an independent evaluation of the Act and the Safe at Home (SaH) integrated response to family violence will be undertaken. This evaluation will be undertaken in 2 stages.

Stage one of the Review will identify the degree to which the Act has successfully supported the implementation of an integrated response to family violence that has promoted improved safety for both adults and children affected by family violence and will constitute the report to be tabled by the Minister pursuant to Section 43.

Stage two of the Review will consider the overall effectiveness of the Safe at Home ‘integrated response’ to family violence with specific reference to the effectiveness of: 

1. the operation and outcomes of the district Integrated Case Coordination process; and,

2. the various programs for adult and child victims and family violence perpetrators/offenders funded under Safe at Home.

In accordance with these overall objectives specific information relating to, but not limited to, the matters specified in Schedule 1 (following) will be sought as Stage 1 of the Review.

SCHEDULE 1

1. The effectiveness of the integrated criminal justice response to family violence (Safe at Home) in promoting the safety of people affected by family violence;

2. Whether the scope of the definition of family violence as determined by Ss. 7, 8 & 9 is appropriate and operating in a way that is consistent with S3 Objects of Act;

3. Whether police powers and the mechanisms identified under Ss. 10, 11 12 & 14 in relation to the prevention, investigation and management of family violence are effective in promoting the safety of people affected by family violence;

4. Whether the provisions under Ss. 13 (a) are appropriate and operating in the way that effectively manages the impact of family violence on children and in informing the Court about matters in relation to the ‘risk’ that an offender might pose and their capacity for successful rehabilitation;

5. Whether the powers granted to the Court under Ss. 12, 13 & 16 are effective in promoting the safety of people affected by family violence;

6. Whether the scope of the provisions of S.13 in relation to Police Family Violence Orders are appropriate and operating in a way that is consistent with S3;

7. Whether provisions at Ss. 14(3a), 16(3b), & 17 which address the right of the victim to remain in the family home, are appropriate and operating in a way that is consistent with S3;

8. Whether the scope of the provisions of Ss.16, 18, 19, & 20 in relation to Family Violence Orders are appropriate and operating in a way that is consistent with S3;

9. Whether S.33 in relation to Family Court Orders operates in a way that enables the effective management of victim safety;

10. Whether S.37 in relation to information sharing is sufficient to support the Safe at home integrated response system;

11. Whether S.38 in relation to ‘mandatory reporting’ should be proclaimed.