Wooden gavel on table. Attorney working in courtroom.

Law Council of Australia defines Family Violence

Nicole Stevens ||

Family violence affects many Australians and is not limited to behaviour that would constitute as criminal. The Law Council of Australia has recently released a model which goes some way to defining the types of violent acts that will constitute as “family violence” as well as extending who may be classified as a “family member”.

Under the Law Council’s definition, family violence can include:

  • assaulting or causing personal injury to a family member or threatening to do so;
  • sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;
  • intentionally damaging a family member’s property, or threatening to do so;
  • unlawfully depriving a family member of the family member’s liberty, or threatening to do so;
  • causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member;
  • threatening a person with the death or injury of the person, a child of the person, or someone else;
  • unauthorised surveillance of a person;
  • unlawfully stalking or cyber stalking a person;
  • attaching a tracking device to a motor vehicle;
  • using without consent an application or device to track a person’s phone usage (calls and text messages, location data, internet history, etc.); and taking without consent or distributing without consent an intimate image of the family member, or threatening to distribute the image.

These definitions are not dissimilar to the definition set out in the Family Law Act 1975 where, under section 4AB, family violence can include:

  • an assault; or
  • a sexual assault or other sexually abusive behaviour; or
  • stalking; or
  • repeated derogatory taunts; or
  • intentionally damaging or destroying property; or
  • intentionally causing death or injury to an animal; or
  • unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or
  • unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
  • preventing the family member from making or keeping connections with his or her family, friends or culture; or
  • unlawfully depriving the family member, or any member of the family member‘s family, of his or her liberty.

The Law Council and the Family Law Act’s definitions are a non-exhaustive list of examples of family violence.  The Law Council and the Family Law Act both also provide examples of a child hearing, witnessing or otherwise being exposed to family violence – section 4AB.

The reason behind the definitions is to harmonise the meaning of family violence across the nation. The Law Council president Tass Liveris said there is a need for “clear and consistent national definitions of the different forms of violence” to assist the legal professional to have a consistent understanding. The Law Council also extended who may constitute as a family member to also include relationships such as a person with a disability and their carer.

The model released by the Law Council of Australia is in support of the federal governments National Plant to End Violence Against Women and Children 2022-2023.  The government has also recently rolled out a two year trial which will provide a one of payment of $5,000 to women leaving a violent relationship. 

If you need assistance for putting in place agreements or orders in relation to your children and/or property after a breakdown of your relationship, please contact a member of Coleman Greig’s Family Law Team for a competent and timely service.

If you are in immediate fear for your safety or the safety of a loved one, please contact the Police on 000.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

roles in the strata scheme
Understanding roles in the strata scheme

A strata scheme is a building or group of buildings that have been divided into lots which can be apartments, villas, offices, units or townhouses. This will be articulated in the strata plan.

Airbnb home
Can I put my home on Airbnb?

Airbnb is a form of short-term rental accommodation. To add your property to Airbnb in NSW, you are required to meet several laws and regulations governing short-term rentals.

liquidators required to seek approval
When are liquidators required to seek approval to retain legal counsel?

When does a liquidator (or the company he or she is appointed to) need court, creditor, or committee approval to validly retain a solicitor to act in a liquidation matter which is likely to extend for longer than three months?  The answer to this question has only recently been settled.

Proposed changes to building
Proposed changes to building and construction law in NSW

The Building Bill 2022 (the Bill) is the key avenue through which the NSW Government has proposed to reshape the culture of the building and construction industry by eliminating poor performance and improving the quality of building statewide.

Dismiss an employee
Can you dismiss an employee who fails to return to the office?

Slowly but surely, most employers are requiring employees to return to the office for at least a portion of their working week. Some employers continue to struggle with employees resistant to returning to the office or those who have an expectation that they can continue to work from home whenever it suits them.

Phoenixing in Construction
New powers to combat phoenixing in construction

The rise of phoenixing in the building and construction industry in Australia in recent years has proved a significant challenge to regulators. Mismanagement of time or cashflow can quickly propel businesses into insolvency.

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230