Family Courts Violence Review

The Attorney-General has commissioned a review of the practices, procedures and laws that apply in the federal family law courts in the context of family violence. The Family Courts Violence Review considered whether improvements could be made to ensure that the federal family law courts provide the best possible support to families who have experienced or are at risk of violence.

Professor Richard Chisholm, former Justice of the Family Court of Australia, was appointed to undertake the review.

In accordance with the Terms of Reference, the review was completed by the end of November 2009, with a report being submitted to the Attorney-General, the Chief Federal Magistrate of the Federal Magistrates Court and the Chief Justice of the Family Court of Australia. Professor Chisholm extends his thanks to all who contributed to the review.

The report is currently being considered by the Attorney-General.

The report can be accessed from the Downloads section of this page.

Family violence focus

The review focused on the laws, practices and procedures that apply in family law cases that raise family violence concerns. While not directly relating to shared parenting or shared care, all aspects of family law and court practice and procedures were considered to the extent they impact on the federal family law courts’ response to the needs of families affected by family violence.

The 2006 family law reforms, which include the shared parenting reforms introduced in the Family Law Amendment (Shared Parental Responsibility) Act 2006, have been evaluated by the Australian Institute of Family Studies (AIFS). AIFS delivered its evaluation report to the Attorney-General’s Department and the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) in December 2009. Further information about this evaluation and a link to the AIFS report can be found on the Evaluation of the 2006 Family Law Reforms page.

The Family Law Council’s report on Family Violence can be found on the Family Violence Report page.

Submissions

Professor Chisholm invited submissions to the review. Submissions received were used to inform the report and recommendations. A list of persons and organisations that made submissions to the review is contained in the report. Submissions have not been published, and some names have been withheld, to comply with legal requirements.