AUST: Chief Justice Calls for a New Approach to Tackling Family Violence
Media releases
Chief Justice Calls for a New Approach to Tackling Family Violence
Tuesday, 25 November 2003
The Chief Justice of the Family Court of Australia, Alastair Nicholson, today called for a new approach to tackling family violence.
Justice Nicholson told a forum organised by the Domestic Violence and Incest Resource Centre that family violence is a scourge that permeates all aspects of society.
"At the Family Court we deal with the tragic end of a problem that is impacting on families the length and breadth of the country," he said.
"Family violence, in all its forms, destroys relationships and leaves children distraught and vulnerable.
"For too long it has been tagged with the label of 'domestic violence', something that happens within families and is none of our business.
"But it is our business when 60 per cent of couples site family violence as a contributing factor in the break down of their marriages and 30 per cent describe it as a major reason why their relationship ended.
"The emotional and physical impact of family violence on the people involved is immeasurable as are the cost implications for our health, law enforcement and welfare services".
Justice Nicholson said that only by a total new approach to the issue could it be tackled properly.
"A survey of three Edinburgh based schools in Scotland by the Zero Tolerance Campaign revealed that 60 per cent of 12 year old boys thought it was okay to hit your wife if she 'deserved it'.
"Similar attitudes prevail in Australia and if we don't get the message through to our children, at an early age, that family violence in all its manifestations is wrong and unacceptable, it will continue with every new generation".
Justice Nicholson said that a Steering Committee of the Family Court had spent the past 18 months reviewing its Family Violence policy.
"It was clearly time to revisit the court's current policy which I initiated in 1992," he said.
"As a result of a wide ranging consultation with clients, service providers, community organisations, government bodies and Court staff we have a list of recommendations which I believe will improve the ways in which the Court deals with family violence issues".
Justice Nicholson said that a final report would be available for public scrutiny next March. He said that as the Court could not make recommendations for legislative amendments any proposals related to law reform would be referred to the Family Violence Committee of the Family Law Council for consideration.
An internal committee would consider recommendations in the New Year on family violence issues; more focussed family reports and the safety of Family Court buildings.
He said that the Steering Committee has identified and made recommendations in five key areas: information dissemination; security; management of the resolution phase of court proceedings; management of the determination phase of court proceedings; and training.
Justice Nicholson said that the report would include a broader definition of family violence than that contained in legislation and defined it as:
'A broad range of controlling behaviours, commonly of a physical, sexual and/pr psychological nature which typically involve, fear, harm, intimidation and emotional deprivation. It occurs within a variety of close interpersonal relationships such as between spouses, partners, parents and children, siblings and in other relationships where significant others are not part of the physical household but are part of the family and/or fulfilling the function of family'
Common forms of violence in families include:
Spouse/partner abuse (violence among adult partners); child abuse/neglect (abuse/neglect of children by an adult)
Parental abuse (violence perpetrated by a child against their parent); and
Sibling abuse (violence among siblings).
"Family violence knows no boundaries and is to be found in every community. The Court needs to be sensitive and responsive to the needs of clients from culturally diverse backgrounds, and those with disabilities, who face particular barriers to understanding how to access services".
Justice Nicholson stressed that it was crucial to have ongoing monitoring and evaluation of how the Court handled family violence.
"One of the things we can do is try to protect the physical safety of those who attend court. We also need to ensure that court staff take responsibility for informing clients about services outside the court that can provide for their ongoing protection".
"The Family Court cannot handle this issue on its own. It is essential that we form effective working partnerships with organisations such as the Domestic Violence and Incest Resource Centre, that work in these areas," he added.
Further information for the media from:
Susan Gavaghan, Media Manager, Family Court of Australia
Tel: (03) 8600 4362, Mobile: 0438 285 741
Email: susan.gavaghan@familyCourt.gov.au
http://www.familycourt.gov.au/media/html/fv.html
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