Report to NLAF
1. Working Group Meetings
The working group met on 13 May 2010. The next meeting will be held on 1 July 2010.
2. Activities / outcomes
The activities of the group relating to the objectives set out in the Terms of Reference are discussed below.
2.1 Hold a consultative forum in April 2010 to provide input into the Australian Law Reform Commission Inquiry on the Harmonisation of Domestic Violence and Family Law.
The Forum took place on Monday 10 May 2010 as a joint initiative of the NLAF Domestic Violence Working Group, the Australian Law Reform Commission and the NSW Law Reform Commission. The Law Society of NSW hosted the forum.
The Forum attracted an impressive group of 60 participants with a lot of expertise to share and to inform the Commissions’ Inquiry.
The Forum began with a Welcome to Country from Aunty Millie Ingram, of Wyanga Aboriginal Aged Care Service in Redfern.
Alan Kirkland opened the Forum and spoke about opportunities for interagency collaboration and cooperation between legal services providers and the role of NLAF in facilitating those opportunities.
Rosalind Croucher, President of ALRC then addressed the Forum. She discussed the terms of reference; the challenges the Inquiry faces because of the breadth of those terms; and issues relating to working with legislation across 9 different jurisdictions. She also highlighted some of the issues concerning the integration of Federal family law and state criminal and child protection systems.
Participants had the choice of joining a small group discussion about 4 key areas:
- Integrated responses and specialist courts;
- Intersection of family law and child protection systems;
- Interaction in law and practice between protection orders and parenting orders; and
- Sexual assault
The small group discussion session was facilitated by Professor Hilary Astor, Commissioner of the NSWLRC.
A summary of the issues raised during the small group discussions and report back session was prepared to assist with participant and others’ submissions to the Inquiry.
A table was prepared to assist service providers in RRR areas with submissions. The table:
- lists the questions and proposals set out in the consultation paper that may be relevant to service providers in RRR areas; and
- refers to the relevant sections of the summary of the consultation paper that discusses the issues.
The work of this term of reference has been completed.
2.2 Draft a letter for signature by NLAF Chair to the Commonwealth Attorney General and the NSW Premier to offer NLAF input into relevant initiatives such as the Commonwealth National Plan to Reduce Violence Against Women and the NSW Domestic and Family Violence Strategic Framework.
The letters have been drafted.
2.3 Recommend to AVLICC that information on what to do if an ADVO is breached is placed on the back of court documents relating to ADVOs.
The working group did not consider that raising the issue at AVLICC was the most appropriate forum to effect a change to court documents. As an alternative, the Chair of NLAF liaised directly with DJAG, Local Courts. A form of words to add to the court document was developed and provided for the Chief Magistrate’s consideration. The timing of any changes is dependent on how it can fit in with the JusticeLink project.
The Working Group plans to monitor its progress, but otherwise this term of reference has been completed.
2.4 Prepare a document of the best available CLE resources and promote this to service providers.
The Working Group proposed that an effective way to progress this activity was to work with LIAC to develop a list to be maintained by LIAC of resources about domestic violence. LIAC provided a substantial list to the May meeting of the Working Group and members are providing feedback on currency and suggestions of other resources to be added.
2.5 Meet with representatives of peak NGOs to discuss how legal services can work more effectively with non-legal services to assist victims of domestic violence, particularly in the areas of pathways and training.
Members of the working group will meet with staff of the Education Centre Against Violence (ECAV) to seek a briefing about the Intersectoral Domestic and Family Violence Education and Training project carried out by ECAV. This will inform the Working Group’s recommendation about the next step to take to implement this ToR.
