25 August 2017 consultation: Family violence cross-examination amendments Family Violence Taskforce Attorney-General's Department 3-5 National Circuit BARTON ACT 2600 By email: Dear Family Violence Taskforce Exposure draft Family Law Amendment (Family Violence and Cross-examination – of Parties) Bill 2017 Thank you for the opportunity to provide a written submission to the Public Consultation Paper: Proposed amendments to the Family Law Act 1975 (Cth) to address direct of parties in family law proceedings involving family violence, and the Exposure draft Family Law Amendment (Family Violence and Cross-examination of – Parties) Bill 2017 (the Exposure Draft Bill). The Commission does not provide direct comments on each of the consultation questions in the Public Consultation Paper or the provisions of the Exposure Draft Bill. Rather, the Commission provides relevant information in support of the stated aims of the proposed reforms, and also notes potential issues of human rights compliance that should be considered as part of any Statement of Compatibility of the Bill. The Commission is broadly supportive of the intended effect of the proposed amendments to the Family Law Act 1975 (Cth): to prevent direct cross-examination by unrepresented parties in family law proceedings, in matters involving family violence. These reforms aim to ensure that victims of family and domestic violence are not in giving their evidence to the court. The Commission recognises the significant social and economic impact of family and domestic violence on the Australian community, and the disproportionate impact that this has on women and children. The Commission notes that direct cross-examination of parties involving family violence risks reinforcing the power dynamic that typifies family and domestic violence, and consequently risks affecting the probity of evidence put before the Court, where power and control is asserted over the victim during proceedings. The proposed reforms promote greater access to justice by empowering victims of family and domestic violence to participate in the family law process, which is a critical pathway
25 August 2017 consultation: Family violence cross-examination amendments Family Violence Taskforce Attorney-General's Department 3-5 National Circuit BARTON ACT 2600 By email: Dear Family Violence Taskforce Exposure draft – Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017 Thank you for the opportunity to provide a written submission to the Public Consultation Paper: Proposed amendments to the Family Law Act 1975 (Cth) to address direct of parties in family law proceedings involving family violence, and the Exposure draft – Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017 (the Exposure Draft Bill). The Commission does not provide direct comments on each of the consultation questions in the Public Consultation Paper or the provisions of the Exposure Draft Bill. Rather, the Commission provides relevant information in support of the stated aims of the proposed reforms, and also notes potential issues of human rights compliance that should be considered as part of any Statement of Compatibility of the Bill. The Commission is broadly supportive of the intended effect of the proposed amendments to the Family Law Act 1975 (Cth): to prevent direct cross-examination by unrepresented parties in family law proceedings, in matters involving family violence. These reforms aim to ensure that victims of family and domestic violence are not in giving their evidence to the court. The Commission recognises the significant social and economic impact of family and domestic violence on the Australian community, and the disproportionate impact that this has on women and children. The Commission notes that direct cross-examination of parties involving family violence risks reinforcing the power dynamic that typifies family and domestic violence, and consequently risks affecting the probity of evidence put before the Court, where power and control is asserted over the victim during proceedings. The proposed reforms promote greater access to justice by empowering victims of family and domestic violence to participate in the family law process, which is a critical pathway
Australian-Human-Rights-Commission-Submission.DOCX