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 A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. and in subsequent amendments. Other recommendations have been taken up by Victoria Police and by various government departments.
The Victorian Sentencing Advisory Council has published 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
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, education, resources, coordination and evaluation. There are a few recommendations about the FVP Act.
The Victorian Government has announced initiatives and funding to implement many of the RCFV’s recommendations. Some of the recommendations have already been implemented, including 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 Doors (see ‘Orange Doors’, below).
Other proposed reforms – including other procedural changes under the FVP Act, and rolling out a Family Violence An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. Division (see ‘Specialist family violence courts’, below) to 14 major Magistrates’ Courts throughout Victoria – are still being implemented.
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 and the Child Information Sharing Scheme commenced in 2018. Under these schemes, a select group of prescribed information sharing entities (ISEs) are authorised to share information about victim survivors, Claimed but not proved. For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation. Unless you can back it up, you will not be able to win a court case about it. perpetrators, and third parties involved in family violence or child wellbeing or child safety (if relevant to assessing risk).
For more information about the Family Violence Information Sharing Scheme, including exactly what information can be shared, a list of ISEs, and the roll-out Extra information accompanying an Act of parliament or a contract, such as tables, lists or forms. for the scheme, see the family violence section of Victorian Government Department of Justice and Community Safety website at www.justice.vic.gov.au/safer-communities/protecting-children-and-families/family-violence.
For more information about the Child Information Sharing Scheme, including a list of the authorised organisations and professionals who may access and share information, see www.vic.gov.au/child-information-sharing-scheme.
The Orange Door
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.
The Orange Door hubs are being rolled out from May 2018 to the end of 2021. There are eight hubs already operating in Victoria: in the Barwon (Geelong), Bayside Peninsula (Frankston), Central Highlands (Ballarat), Goulburn Valley (Shepparton), Inner Gippsland (Morwell), Loddon (Bendigo), Mallee (Mildura) and north-eastern Melbourne (Heidelberg) (see ‘Contacts’ at the end of this chapter).
Other Orange Doors A document that sets out what a person wants to happen to their money and other property after they die. be opened in the Mitchell Shire, Central Highlands (Ballarat), Loddon (Bendigo) and Goulburn (Shepparton) regions.
Four more hubs are due to be opened in Broadmeadows, Maryborough, outer-eastern Melbourne and western Melbourne.
For more information about The Orange Door, see https://orangedoor.vic.gov.au.