Legislative Provisions And Challenges In Dealing With Domestic Violence In Australia

Domestic Violence in Australia and Legislative Provisions

Discuss about the Australian Domestic Violence Laws And Legislation.

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.

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.

Challenges in Implementing Legislative Provisions

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 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 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.

Proposed Reforms and Policy Changes

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 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.

Impact of Domestic Violence on Victims

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 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 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.

Statistics and Reports on Domestic Violence in Australia

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.

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: https://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 in Australia | Australian Women’s History Network. [online] Available at: https://www.auswhn.org.au/blog/history-domestic-violence/ [Accessed 31 May 2018].

Conate, A. (2018). Changes to domestic violence laws. [online] Altlj.org. Available at: https://www.altlj.org/news-and-views/downunderallover/duao-vol-41-1/984-changes-to-domestic-violence-laws [Accessed 31 May 2018].

Dss.gov.au. (2018). The National Plan to Reduce Violence against Women and their Children 2010 – 2022 | Department of Social Services, Australian Government. [online] Available at: https://www.dss.gov.au/women/programs-services/reducing-violence/the-national-plan-to-reduce-violence-against-women-and-their-children-2010-2022 [Accessed 31 May 2018].

Robertson, J. (2018). NSW Apprehended Domestic Violence Orders given major overhaul. [online] The Sydney Morning Herald. Available at: https://www.smh.com.au/national/nsw/nsw-apprehended-domestic-violence-orders-given-major-overhaul-20160504-gom6iw.html [Accessed 31 May 2018].

State Library of NSW. (2018). About AVOs. [online] Available at: https://www.sl.nsw.gov.au/find-legal-answers/apprehended-violence-orders/about-avos [Accessed 31 May 2018].

Timebase.com.au. (2018). TimeBase – NSW: A New Framework to Improve Access to Domestic Violence Support Services. [online] Available at: https://www.timebase.com.au/news/2013/AT405-article.html [Accessed 31 May 2018].

White Ribbon. (2018). Australian domestic violence laws and legislation. [online] Available at: https://www.whiteribbon.org.au/understand-domestic-violence/facts-violence-women/laws/ [Accessed 31 May 2018].