ACT Bill to Introduce Amendments to Family Violence Legislation

Thursday 10 March 2022 @ 10.29 a.m. | Crime | Judiciary, Legal Profession & Procedure | Torts, Damages & Civil Liability

On 10 February 2022, the Family Violence Legislation Amendment Bill 2022 (ACT) ('the Bill') was introduced into the ACT Legislative Assembly by Attorney-General Shane Rattenbury.

Background

According to the Attorney-General's media release on 10 February 2022, the Bill contains amendments that aim to reduce trauma involved in court proceedings for family violence victims. The Bill also seeks to strengthen sentencing options for perpetrators of family violence.

The media release noted that:

"In 2019, the ACT Government initiated a review of the Family Violence Act 2016 to find ways to better protect victims. Today’s reforms are phase two of the Government’s legislative response to the review, after new laws were introduced in June 2021... [and in] response to Grace Tame’s continued advocacy, the Bill will also change the name of the offence of ‘sexual  relationship with child or young person under special care’ to ‘persistent sexual abuse of child or young person under special care’."

Overview of the Bill

The amendments proposed under the Bill seek to:

  • create an aggravated offence scheme that allows expanded penalties for certain offences when committed in the context of family violence;
  • provide legislative basis for court granted adjournments for the preparation of a Victim Impact Statement in sentence proceedings for serious offences;
  • limit cross-examination on Victim Impact Statements contents, including in other proceedings;
  • include technological abuse in the definition of family violence;
  • insert new aggravated family violence offences into the schedule of disqualifying offences Working with Vulnerable People (Background Checking) Act 2011 (ACT); and
  • create a legislative requirement to review the Family Violence Act 2016 (ACT) every three years.

The Attorney-General commented in the February 2022 media release that:

“Domestic and family violence claims the lives of more than 100 people in Australia every year. It sets off a damaging ripple that hurts not only individuals, but our society as a whole, ... Victim survivors have shared their lived experiences, and too often, the criminal justice process is a re-traumatisation that victim survivors endure. We must ensure family violence legislation provides the greatest protection possible for victims and appropriate consequences for offenders."

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

Sources:

Family Violence Legislation Amendment Bill 2022 (ACT) and explanatory materials available from TimeBase's LawOne Service

Media Release: ACT Government strengthening family violence laws (Attorney-General Shane Rattenbury, 10 February 2022)

Related Articles: