Changes to state family violence laws

2006 VLRC review and the Sentencing Advisory Council

In 2006, the Victorian Law Reform Commission (VLRC) published a review of family violence laws. Many of the VLRC’s recommendations appear in the FVP Act and in subsequent amendments. Recommendations from the VLRC have been taken up by Victoria Police and by various government departments.

The Victorian Sentencing Advisory Council regularly publishes reports about sentencing practices for the contravention of family violence intervention orders and safety notices, and about recidivism (reoffending) in contravention cases (see www.sentencingcouncil.vic.gov.au).

2016 Royal Commission report and beyond

In 2014, the Victorian Government established a Royal Commission into Family Violence (RCFV). The RCFV began in February 2015 and released its report in March 2016. The report includes 227 recommendations that address prevention, risk assessment, information sharing, education, resources, coordination and evaluation. There are a few recommendations about the FVP Act.

The Victorian Government has implemented most of the RCFV’s recommendations (see www. vic.gov.au/family-violence-recommendations). These include the Family Violence Data Portal, the National Domestic Violence Order Scheme, the Family Violence Information Sharing Scheme (see ‘Family Violence and Child Information Sharing Schemes’, below), the Family Violence Multi-Agency Risk Assessment and Management Framework (MARAM Framework), and The Orange Door hubs (see ‘The Orange Door hubs’, below). More recently, there has been the rollout of the Respectful Relationships program in government and non-government schools, the strengthening of tenancy laws, the establishment of dedicated youth refuges, upgrades of databases and information sharing technology and the expansion of programs for different groups of perpetrators.

Other proposed reforms – including other procedural changes under the FVP Act, and rolling out a Family Violence Court Division (see ‘Specialist family violence courts’, below) to 14 major Magistrates’ Courts throughout Victoria – are still being implemented as part of the Free from Violence Second Action Plan 2022–2025. Also, Victoria now has a separate Minister for the Prevention of Family Violence.

The Victorian Government has also created the Family Violence Reform Implementation Monitor. The monitor reports on the progress of the implementation of the RCFV’s recommendations, and on family violence reforms in general. The monitor started operating in 2017 and must publish progress reports as at 1 November of each year.

Family Violence and Child Information Sharing Schemes

The Royal Commission into Family Violence found that effective and appropriate sharing of information by organisations that work with survivors and perpetrators of family violence (e.g. court staff, the police, support agencies) is crucial to keeping survivors safe and holding perpetrators to account.

The Family Violence Information Sharing Scheme (FVISS) and the Child Information Sharing Scheme (CISS) were set up under Part 5A of the FVP Act and Part 6A of the Child Wellbeing and Safety Act 2005 (Vic). Both commenced in 2018. Under these schemes, a select group of prescribed information sharing entities (ISEs) are authorised to share information about victim survivors, alleged perpetrators, and third parties involved in family violence or child wellbeing or child safety (if relevant to assessing risk). These entities include the Children’s Court, Corrections Victoria, Child Protection (DFFH) and Victoria Police.

For more information about the FVISS, including exactly what information can be shared, a list of ISEs, and the roll-out schedule for the scheme, see the family violence section of the Victorian Department of Justice and Community Safety website at https://www.justice.vic.gov.au/safer-communities/protecting-children-and-families/family-violence.

For more information about the CISS, including a list of the authorised organisations and professionals who may access and share information, see https://www.vic.gov.au/child-information-sharing-scheme

The Royal Commission into Family Violence recommended the creation of 17 one-stop multi- disciplinary ‘support and safety hubs’ (called ‘The Orange Door’) for adults, children and young people experiencing family violence and for families that need extra support. It is free to access help and support at The Orange Door and no referral is needed. Rollout began in May 2018, and there are now 17 Orange Door hubs operating in metropolitan and regional Victoria.

For more information about The Orange Door hubs, see www.orangedoor.vic.gov.au.

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Relationships, families and young people