Domestic Violence Legislations in Australia
Added on 2021-02-19
11 Pages1958 Words112 Views
Critical analysis of legislationgovernment policy
TABLE OF CONTENTINTRODUCTION...........................................................................................................................1Domestic violence legislations in Australia ....................................................................................1Impact of legislation on families .................................................................................................2Strengths and weakness of legislation ........................................................................................3Recommended suggestions .........................................................................................................4CONCLUSION ...............................................................................................................................4REFERENCES ...............................................................................................................................5
INTRODUCTIONDomestic violence is known as any kind of act of physical and behavioural abuse orviolence which causes harm to other family members by an individual. The legislation related tothe issue of domestic violence resolves the disputes or issues between individuals who shareintimate relationship within domestic settings. Domestic violence can be experienced by anyindividual irrespective of their age and gender (Jeffries, Field and Bond, 2015). For improvingthe well being of communities and individual safety that safe residential environment ordomestic settings are provided. This can be assured by legislations related to domestic violence.The report will provide a critical analysis of Australian policies and legislations related todomestic violence cases. Domestic violence legislations in Australia Physical and behavioural abuses are quite common among families with some particulargroups being more vulnerable. In this regard various non-legislative as well as legislativemeasures have been adopted by the communities and Australian government. These regulationsdeclares domestic violence as crime so that offenders can be deter from these actions by suitablepenalties and punishments (McPhedran, 2016). Domestic violence includes personal injuriesincluding sexual assault, behavioural threat, damage to property and economic abuse, especiallyto children. Across Australia there are several regulations such as Domestic violence act 1994(across South Australia) (SA), Crimes act 2007 of New South Wales (NWS), Family violenceprotection act Victoria 2008 and restraining orders act 1997 in western Australia (WA). The keypurpose of these acts is to ensure the personal safety and protection of all individuals who areexposed or witnessed to domestic violences. These legislations are also supportive for the individuals who are vulnerable to theviolence events because of domestic violence committed by any other individual. For instancethe families in which women are victim of such violences, there are higher probabilities thatchildren may also expose to one or other form of violence. In some states such as in Australiancapital territory and Queensland legislations such as “Domestic violence and protection ordersact 2008” also includes domestic relationships along with the family members who can seek helpfrom the responsible authorities (Quilter and et.al., 2016). Despite having various regulations andsupportive government policies non-reporting events of domestic violence is quite common. Itmay be due to fear of embarrassment, inability to access services, fear of perpetrator. Many1
people may not desire to report such incidences to authorities in the fear of getting punishmentsfor their own family members. Thus for managing such issues apart from the legislationsAustralian government also has policies which support the victims of domestic violence. Forinstance “National plan to reduce violence against women and children” policy provide strategiesso reduce the violence and to promote equality among family members. Impact of legislation on families The family law act 1975 deals with the various issues related to families. The domesticviolence issues become more sensitive when decisions are required regarding children. It hasbeen quite common in families to have different opinion over topics. However when one familymember dominate others using means of abuse and violence then legislations are helpful toprovide a sense of security. The legislations provide protection orders so that victims can feelsafe in their family. The psychological counselling and fear of punishments also minimise thepossibility for individuals to adopt abusive behaviour and actions (Bugeja and et.al., 2015).Domestic violence against individuals can lead to severe physical and emotional injuries whichmay not heal with time. The severity of violence can also lead to death. Legislations provides an effective framework so that families can create a safe livingenvironment. The children who witness and experience the domestic violence are affected to agreat extent in terms of safety and development. The enforcement of such kind of legislations isvital for the healthy development of child. The regulatory and legislative framework not onlyemphasis on giving punishments to the law breakers. However the government policies also aimsat providing counselling to individuals so that by communication and counselling violence canbe reduced and families can live happily. There are huge range of individuals who does notreport violence incidences due to fear or shame. Some individuals also have fear that if they will report incidence then it will be harmfulfor their other family members. The various development and control policies related to domesticviolence involves the integration of health and social care services and regulatory authorities.The purpose of these legislations is not only to provide punishments to the law breakers but itaims to improve the integrity and stability in families by assuring the safety of all familymembers. For this purpose the jurisdiction for such violences related incidences also provideextra legislative counselling in which informal recommendations are provided to the familymembers (Didi and et.al., 2016). On many occasions counselling are also included as part of the2
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