New laws making domestic violence a criminal offence have been introduced into the Federal Parliament.
Acting Attorney-General, Michaelia Cash said the Family Law Amendment (Federal Family Violence Orders) Bill 2021 would establish criminally enforceable Federal family violence orders, with breaches carrying a maximum penalty of up to two years in prison.
“The orders will operate in the same way as State and Territory domestic violence orders, and could include restrictions of a person’s behaviours, communications or movements,” Senator Cash said.
“The Family Courts routinely see matters involving allegations of family violence, but victims currently have to commence separate proceedings in a State or Territory court to access criminally enforceable protection orders,” she said.
Senator Cash said the Federal family violence orders meant that where vulnerable people had matters before the Family Law Courts, and didn’t already have a State or Territory domestic violence order in place, they could apply for a protection order without navigating a separate court system.
Assistant Minister to the Attorney-General, Amanda Stoker said the Federal family violence orders offered stronger protections than existing family law injunctions, which required the protected person to bring a private action in a Family Court in response to a breach.
“Bringing a separate civil matter against a former partner can be extremely difficult for victims of family violence, can escalate risks, and be costly, time consuming, and stressful,” Senator Stoker said.
“Criminalised orders for family violence would place responsibility for enforcing the orders with police, rather than the victim,” she said.
Senator Stoker said the Federal family violence orders would be recognised on the National Domestic Violence Order Scheme, to allow local police to enforce conditions in the order regardless of where the order was breached.
