AN independent review into ACT family violence laws has found they are failing to fully protect women.
The government reforms of the 2016 family violence act is also not operating as intended.
A range of issues have stifled laws that had broadened the definition of family and domestic violence to include emotional, psychological but also economic abuse under the changes.
The legislation set out in the ACT Legislative Assembly in June 2016 aimed to strengthen protections for victims of domestic, family and sexual violence, but also to ensure victims gained better responses and improved access by reforming the territory’s legal framework.
But the recent review has found police were reluctant to contact magistrates after hours for emergency orders, female victims were not being told when orders expired and competing legal interests, for all intents and purposes, were blocking orders out to offending children.
The ACT Magistrates Court has swatted away the critique of the review after acting chief magistrate Peter Morrison pointed out that between July 2019 and June 2020 that more than 120 orders were issued after hours on top of its usual day-to-day orders.
The review across the family violence sector had been seen positively after new definitions better defined physical violence.
Minister for both Prevention of Domestic and Family Violence and also Women, Yvette Berry, has accepted the review.
“The review provides insights into the act, including the perceptions of those who work in the family violence sector and those with lived experience of family violence,” she said.
“Family violence is a complex and challenging area of law, policy and service delivery.
“The ACT government is committed to the prevention of family violence and strengthening the protections for victims of family violence, here in the ACT.
“As part of this commitment, we’re working to ensure our services and laws are as effective as they can be to prevent family violence, to protect and support victims of family violence, and to hold perpetrators to account.”
Ms Berry did not respond to delays in pushing through debate over further possible reform on family violence law earlier.
The review was handed back to legislators in March 2020, but the government has sat on its criticism for all but 12 months.
After avoiding all holes in the act becoming an election issue during last October’s territory vote that could have assisted Labor and the Greens forming a coalition government again, the final document were only recently released under Freedom of Information laws.
Ms Berry has denied taking no action since first reading the review.
“As the Minister for Women and the Prevention of Domestic and Family Violence, I regularly meet with experts and the sector to identify areas for improvement and support,” she said.
“I have asked the Office of the Coordinator-General for Family Safety to see if any of the insights gained from the review can be taken forward for further consultation.”
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