Domestic Violence in Australia: Legislative Policies and Reforms

This essay provides a comprehensive overview of domestic violence in Australia, examining the relevant legislative policies and their implementation. It begins with an introduction to the scope of domestic violence in Australia, highlighting the prevalence of the crime and the challenges in its reporting and prosecution. The essay then delves into specific legislative provisions, including the Family Law Act 1975 and the Crimes Act 1900, and analyzes their effectiveness in addressing domestic violence. It discusses the role of the government, law enforcement, and social work practices in combating this issue, while also pointing out loopholes and complexities within the existing legal framework, such as the ambiguities in the Privacy and Personal Information Protection Act 1998. The author argues for the need for policy reforms, including the implementation of uniform laws, stricter penalties, and improved support for victims, including psychological counseling and protection of their rights. The essay concludes by emphasizing the importance of addressing domestic violence as a matter of utmost priority and the need for societal and political interventions to protect the rights of the victims.

Running head: CONTEXTUALISED PRACTICE
DOMESTIC VIOLENCE IN WOMEN
Name of the Student
Name of the University
Author Note

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Introduction:
The subject matter of the case is based on domestic violence in Australia. There are
several legislative provisions in Australia that deals with this heinous crime. According to the
Family Law Act 1975, in case of domestic violence, his or her family members have victimized
the affected party. The nature of the crime can be physical or mental. There are certain examples
where the family members are putting the victim on fear or threat so that he or she could not
report the event of victimization or assault to any police personnel. The scope of domestic
violence in Australia is wide. According to the “Fact file: Domestic Violence in Australia”
(2016), a major part of the men and women in Australia are facing this crime and most of the
cases are not filed before the police. Therefore, proper implementation of the legislative rules
becomes impossible. The rate of domestic violence in Australia has been commenced in the
record rate in 2010 to 2012. Further, according to various records and documents, it has been
observed that the nature of the domestic violence is very frequent in Australia. In this essay,
certain legislative policies regarding the domestic violence have been given. Considering the
application of those legislative provisions, certain laxities on the part of the administrative
sectors have been observed (Robertson 2018). Therefore, there is a need to make certain positive
changes in the existing policies required. The legislative policies can be changed through certain
reforms or by the settlements of certain commissions. However, in this case, strong evidence is
required and strategies should be taken with great priority. The crime related to the domestic
violence creates great impact on the society and therefore, certain social work practice is
necessary.

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Discussion:
Domestic violence is a social curse and social culture of a country very much depends on
that. Family bonding becomes poor due to this family violence. According to the report of the
Australian Bureau of Statistics, the state of Victoria is ranking in the highest position for
domestic violence in Australia. Considering the various sources, there are certain legislations
that are dealing with the domestic violence. However, it has been observed that the Australian
government has failed to implement all the policies in a systematic manner. Further, the family
members also pressurize the victims and therefore, many complaints are not even filed before the
competent authorities. Australian Bureau of Statistics had, for the first time, submitted one report
on the application of violence on the Australian women in 1996. This report has revealed the
original condition of the women in the society and a necessity to make certain legislative
changes has been made. In the year 1982, certain provisions of the Crimes Act 1900 have been
amended and before 1983, the married women and men could make claim for the domestic
violence. This provision has been widening in 1983 and in 2007, Crimes (Domestic and Personal
Violence) Act has been implemented. Certain policies regarding the apprehended violence order
has been taken. It restrains the individuals who are about to put some person on fear. According
to the object of the Act, the term domestic violence does not limited up to the physical violence
but also applicable in case of mental pressure and therefore, any mental traumatic person can file
a case for the domestic violence. According to section 7 of the Act, stalking is a crime.
According to section 5 of the Act, domestic violence can be made in case of matrimonial
relations and de facto relationship. Except this, one criminal law conference has been conducted
in the year 2014 where an amendment has been made by the conference in the provision of the
domestic violence.

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However, according to the practical application of those amended provisions are not that
easy and therefore, a thorough study regarding the same is required for the effective
implementation of the provisions. The practical application of the provisions is also known as
feasibility. The mentality of the Australians is required to be changed and they should not
involve in such acts. The government should have to implement certain anti-discriminating
policies so that men and women could be equally treated and no extra pressure could be imposed
on the women. Considering the police report filed every year on domestic violence makes the
fact clear that women are the soft target for the family members and the family members can
easily pressurize them so that they could not file any complaint against them before police
personnel. The government is required to conduct certain behavioral program to stop this
violence and the implementation process of the legislation should be strict. The penalty
provisions should be stricter and the police should have to play an active role in this case.
Further, in many cases, it is difficult to obtain the statements of the female victim, as they are not
able to give consent to information regarding the domestic violation information. Further, the
government policies over the domestic violence are vague and certain complexities are remained
in the authorities who are responsible for reduce the scope of domestic violence. Certain
loopholes are also can be observed in the case of the Privacy and Personal Information
Protection Act 1998. Therefore, it is required to make certain active steps to reduce the
complexities and specific policy implementation is required to take into consideration. proper
training should be given to the authorities and psychological counseling is also required in the
case of the victims so that they can recover the mental trauma they had to suffer. Apart from all,
implementation of a uniform law on the domestic violation is required. Being a federal state, all
the states of Australia has different legislative provisions to deal with this offence and this make

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the process ambiguous. A uniform legal provision could make the problem be resolved. Positive
interference from the political and social perspectives is required.
Therefore, it has been observed that there are many loopholes in the application principle
of the legislative provisions regarding domestic violence and legislative changes are required.
Further, ambiguities can be observed in the operative departments of the domestic violation.
Considering the situation, it can be stated that changes are required in the provisions of the
legislations to ensure protection to the victim of domestic violation. According to the words of
the Minister for Justice of Australia, the matters relating to the domestic violation should be
tackled with highest priorities and therefore, an amendment is required to make certain effective
changes in the current legislations. A proposal to amend the Domestic and Family Violence
Protection Act 2012 has been made by the government. According to the legislative body of
Australia, this proposed Act will authorize the court to provide order against the offender based
on the contention made by the victim of the offence. According to the court report, almost 20%
of the cases are filed under the provision of domestic and family violation. Further, most of the
violence has been cropped up for drunken cases. The government should have to find out the
reasons and implement proper policies to curb this crime. Domestic violence snatches the
fundamental rights of an individual and therefore, it opposes the principle of constitution and
human rights. There are certain additional problems faced by the victim of domestic violence.
The women who are separating from their male partner due to domestic violence have to suffer
mental trauma and often they are ousted from the properties. They are forced to leave their
entitlements. Thorough study to find out the economic abuse is necessary. The family law system
is also required to be verified and an attempt regarding the societal reform is necessary. Standing
Committee on Social Policy plays an important role in this case. The authorization power of this

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committee should be widened by the proper policies. Additional protection should be given to
the affected women and certain civil rights are required to be implemented to secure their
interest. Reforms are also required in the Family Law Act 1975. This Act is one of the most
important legal instruments regarding the domestic violation. Further, additional establishment of
law commission is necessary for providing better protection to the victim. Attorney general of
Australia has made an attempt to consider the initial statements of the victim made before the
police as permissible evidence before the court. According to him, the victims are sometimes
compelled to change the statements made before the court. Further, the Minister for Women and
Communities Shannon Fentiman has made certain propositions. According to her, existing
legislations are required to be changed for securing their interest of the women. It often observed
that the victim of domestic violence has to leave their home after making complaint before the
police. The proposed changes in the legislation will help the women or the other victims to stay
at home. The separation of the victim from the family members in known as separation assault
and Martha Mahoney had coined the terms first in 1990.
There are certain evidences that prove the dark sides of domestic violations and
conditions of the victim after making complaints before the police station. According to the
Police report for the state of Victoria submitted in 2016 revels the fact that this state is positioned
in the apex place in respect of domestic violation. In the words of Anne Summers (2016), the
rate of domestic violation is higher among the women and the indigenous people. Further, the
Australian Bureau of Statistics has pointed out the condition of Australia regarding the process of
domestic violation. Many of its reports reveal the facts regarding the government inability to
curb this social disease entirely. The victims are sometimes compelled to leave all their
entitlements after the commencement of family violation and therefore, they are suffering from

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the monetary problems. In this context, the Australian government has failed to compensate all
these victims effectively. Further, according to the Personal Safety Study (PSS), the rate of
domestic violence is quite higher compared to the rate of violence in the year 2005 and this show
the weak points of the government regarding the proper application and implementation of the
DV policies in Australia. However, certain changes regarding the situation have been made, but
the rate of change is limited in nature.
The crime relating to the domestic violence is not a new concept. In the early modern
history, domestic violence was present and embedded in the deep substrata of the society. In
earlier times, domestic violence was known as the gender violence and it has been observed that
many people has to suffer certain losses due to the same and therefore the standard of the society
became very substandard. In Australia, the history of domestic violence has a long history and
the term was defined for the first time in Family Law Act 1975. Considering the effectiveness of
the offence, it can be observed that most of the times the crime has been commenced against the
women and the theory of feminism have been introduced. Further, the government regarding the
criminal mentality of the offender has taken certain steps, pressure creates by them to the victim,
and considering this concept, Crimes Act 1900 has been implemented. According to report of
White Ribbon (2016), approximately 75% women are victimized by the domestic violence and
therefore, it indicates the inefficiency of government. Therefore, certain proposals have been
made in this essay.
Considering all the relevant documents on the family and domestic violence in Australia,
it can be stated that most of the victims have to face tremendous mental pressure from their
family and they have to leave all their rights over the properties after making complaint before
the respective authorities. Further, it has been observed that the victims have to do certain acts

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against their wills. Due to this, the victims are not able to file any complaints against the real
culprit and the police have to face problems regarding that. In addition to this, it has been
observed that the victims have to face monetary problem once ousted from their land by their
family members as even threats are generated to change the primary statements made before the
police by them after getting affected (Conate 2018). This also creates complexities and the
responsible authorities have to face dilemma regarding it. All these things make the proper
implementation of the domestic violence law and increased rate of domestic violence in
Australia has proved that fact. Therefore, the base of the proposal should be effective in nature so
that the current issues regarding the domestic violence can be resolved and legislation regarding
the matter can be strong. Further, the powers of the Apprehended Violence Order (AVO) should
be extended. Primarily, the AVOs can restrain the offender so that they could not generated
violence on the women and they empowered the court to take the primary statement made by the
offender before the police to reduce the amount of dilemma, as in many cases, the offenders are
forced to change the facts of the statements by their family members (Dss.gov.au 2018).
However, these steps are not enough to stop the malpractice of domestic violence. Certain
practical methods are required to be taken to stop the curse of the society. Further, a wide
concept over the issues of the offence should be taken into consideration. In this case, certain
strategies are required to be taken.
The strategies should be implemented properly and it is necessary to propose certain new
plan for that. A national plan named National Plan to Reduce Violence against Women and their
Children 2010-2022 has been taken and it is necessary fulfill the target of the plan. This plan
concentrates on the domestic violence and sexual assault. Further, it is dealing with the role of
the individual and the society over the issue relating to the domestic violence. Certain supports

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have proposed to be given to the victims so that they can lead their life after making complaint
before the authority against their family members and overcome the mental trauma suffered by
them over the same. Therefore, all these steps will help them to secure their life and interest at
the post-violent stage. A third action plan has been initiated in this behalf for the year 2016 to
2019 and certain powers and duties have been imposed on the government and other
organizations so that they can take a significant role in this case. An advisory panel should have
to be established in all the states to deal with the problems and it is required to start certain
training program for the betterment of the society. Awareness against the domestic violence
should be generated among the Australians so that they could not involve in any such heinous
crime and helpful hand is to be extended to the victims so that they could find amicable response
from the authority after making complaint regarding the same. In addition to this, most of the
victims are facing monetary problems once the case has been reported to the police station or
filed before the court. The family members often drag them away from their home and
government has taken various steps to compensate them. However, the steps are not effective in
nature and the money given to the victim is not enough to lead their daily life. According to the
report made by the Australian Bureau of Statistics (2016), most of the funding processes are
suffering from certain loopholes and challenges. Most of the funds are lack of money and the
government regarding the problem takes no positive steps. An attempt has been taken through
the National Plan (2010 to 2022) that particularly focuses on the stoppage of violence on the
women at the primary level. In this regards, the government should have to take active steps and
make the communities safe for the affected parties. In addition, certain policies are to be taken to
restrict the family members to drag the victim away from their home after reporting the
complaint before the police or any specific authority. All these mentalities are to be changed.

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It is the fundamental duties of the State and Territorial government to effective steps for
protecting the interest of the victims and in this regard, they are required to make all the proper
changes to make sure that all the victims have getting all the benefits of the proposed plan made
by then government. The legal provisions on the domestic violence are required to be stringent
and the court should have to take certain assisting mentality for the victim and passed relevant
decrees against the perpetrator (Timebase.com.au. 2018). Once legality of the offence has been
proved, the offenders are required to be tried serious penalties and all the investigation reports to
this effect should be properly manifested. The steps are required to be taken from the primary
stage of our society and in this case, all the territorial bodies have to take effective steps.
Conclusion:
Therefore, it can be stated that the Australian government has taken many steps for
curbing this crime. However, due to loopholes, proper implementation of these plans is become
impossible and the level of domestic violence has not been possible. Further, all the plans of the
government has not followed the proper strategies and the condition of the current stage has been
revealed through the report submitted by the Australian Bureau of Statistics in 2016. A proposal
has been made in this essay so that the problem regarding the domestic violence could be
mitigated and the chances for gender inequality can be curbed. Separate law reform commission
is to be established and courts are to be empowered to take the contentions of the victim and
penalized the perpetrators to this regard. Certain interference of political stages is required and
the social welfare system is required to be made in this regard. National Plan to Reduce Violence
against Women and their Children 2010-2022 should be implemented properly to get a positive
response. All these steps could, to certain extent, reduce the rate of domestic violence and the
authority of different bodies could be extended.

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Reference:
"Australian police deal with domestic violence every two minutes". 2016-04-21. Retrieved 2016-
08-24
"EXPERIMENTAL FAMILY AND DOMESTIC VIOLENCE STATISTICS". Australian
Bureau of Statistics. 23 Sep 2015. Retrieved 2 Sep 2016
"One in Three Campaign - Infographic". www.oneinthree.com.au. Retrieved 2016-09-05
"Royal Commission into Family Violence - Full Report - Interactive"(PDF). Victorian
Government. March 2016. Retrieved 24 Aug 2016
"The Cost of Violence against Women and their Children" (PDF). Department of Social
Services. March 2009. Retrieved 2 Sep 2016
Australian Women's History Network. (2018). Domestic violence has a history: Early modern
family violence | Australian Women's History Network. [online] Available at:
http://www.auswhn.org.au/blog/domestic-violence-history/ [Accessed 31 May 2018].
Australian Women's History Network. (2018). Towards a feminist history of domestic violence
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Conate, A. (2018). Changes to domestic violence laws. [online] Altlj.org. Available at:
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domestic-violence-laws [Accessed 31 May 2018].

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Dss.gov.au. (2018). The National Plan to Reduce Violence against Women and their Children
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[Accessed 31 May 2018].
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