Foreword
Family violence is a major risk factor prevalent in the work of the Federal Circuit and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2) (the Courts). Family violence and its physical, emotional and financial consequences inform many of the Courts’ practices and procedures. The Family Violence Plan (the Plan) reflects the ongoing commitment by both Courts to the early identification and management of matters where violence or the risk of violence is alleged, and to keeping all court users safe.
The Family Violence Plan is an overarching document setting out important actions to be undertaken by the Courts to ensure best practice in all areas of administration, operation and application of the law. It covers areas as diverse as building layout, security screening, risk assessment, safety planning for individual litigants as well as education and training of staff and the judiciary. The Plan sets out three priority areas, each of which has defined goals, identified actions and timelines. These priority areas are:
- Protection from family violence
- Safety at court, and
- Information and communication.
The Plan reflects contemporary understandings of the aetiology, dynamics and effects of family violence, informed by social science research. It has been developed in the context of the ongoing commitment of the Commonwealth Government to address and eradicate family violence.
This Plan refines and updates the 2019 Family Violence Plan. It builds on the important work undertaken by the Courts under previous plans and reflects the ongoing commitment of the Courts to addressing family violence in all areas of operation.
I am grateful to the Family Violence Committee for its work in bringing this Plan to fruition and to all those who have contributed to its development.
The Honourable William Alstergren AO
Chief Justice
Federal Circuit and Family Court of Australia (Division 1)
and
Chief Judge
Federal Circuit and Family Court of Australia (Division 2)
Our Vision
To be responsive to allegations of family violence, to effectively address family violence in all matters coming before the Courts, to enhance the safety of children and their families, and to provide a safe environment for all court users, judges and staff.
Our Goals
To ensure that:
- All staff and judges are aware of and apply the Family Violence Best Practice Principles for the effective, timely and safe disposal of all matters coming before the Courts in which family violence or risk of family violence is an issue.
- The Courts collaborate and share information with state and territory courts, police and child protection agencies to enhance the safety of families involved in more than one jurisdiction.
- Court staff have the awareness, skills and resources required to ensure that all people experiencing family violence are dealt with appropriately.
- The Courts have an understanding of the unique issues for particular communities in relation to family violence and use this information to inform practice and procedures.
- The Courts’ practice and procedures comply with best practice for accessibility and safety of all court users.
- The physical layout of courtrooms and court buildings are safe for all court users.
- Court users have ready access to relevant information about how the Courts can assist them if they have experienced, or are at risk of experiencing, family violence.
About the Family Violence Plan
The importance of a Family Violence Plan
Family violence has a prominent place in the Family Law Act 1975 (Cth) (the Act) and, in particular, in Part VII concerning children. The Act contains a range of provisions designed to protect parties and children from harm caused by family violence. In 2011, the definition of family violence in the Act was expanded to incorporate the notion of coercive control (which is not always accompanied by physical violence or threats)1. At the same time, the definition of child abuse was amended to include serious psychological harm arising from a child being subjected to or exposed to family violence2.
The Courts recognise that family violence is widespread in Australia, affecting the physical, psychological, emotional and financial wellbeing of adults and children who experience it and live in fear of it. Family violence can be triggered or exacerbated at the time of family breakdown. Protecting family members, and particularly children, from the effects of family violence is central to all determinations of what is in a child’s best interest. Ensuring the safety of all people engaged in the family law system, including when attending court, is a high priority for the Courts.
This document refines and updates the previous versions of the Family Violence Plan and reflects the Courts’ ongoing commitment to a comprehensive set of actions to achieve the goals set out above.
The scope of the Family Violence Plan
The Family Violence Plan is an overarching document that contains actions for the operation and administration of the Courts in order to protect and support those experiencing, or at risk of, family violence and to ensure all court users are safe.
The actions in the Family Violence Plan are specific and targeted. Measures include:
- regular review of the Family Violence Best Practice Principles, which provide guidance to judges, registrars, lawyers and litigants about the conduct of matters in which family violence or child abuse is alleged. The most recent edition is available at: www.fcfcoa.gov.au/fvbpp
- regular review of the operational and administrative processes and the case management pathway of the Courts in relation to family violence
- ongoing training and development for decision makers and staff to enhance awareness and capability in addressing family violence issues, and
- improved communication of the Courts’ responses to family violence
Areas of focus
This Family Violence Plan has the following three areas of focus:
Area A: Protection from family violence
Area B: Safety at Court
Area C: Information and Communication
A number of goals and actions in this Plan require regular or continuing activity. The focus is to ensure the Plan is practical, effective and achievable, and that it promotes the Courts’ priority of protecting children and their families from family violence and its associated harms.
Actions in support of the goals
Area A: Protection from family violence
Goal 1
All staff and judges are aware of and apply the Family Violence Best Practice Principles for the effective, timely and safe disposal of all matters coming before the Courts in which family violence or risk of family violence is an issue.
Actions
1.1 The Family Violence Committee will review and update the Family Violence Best Practice Principles triennially in 2026 and as needed, particularly following any significant legislative change.
1.2 The Chief Executive Officer and Family Violence Committee will implement and annually review screening processes for all families in both Courts to ensure early identification of risks including family violence and child abuse.
Goal 2
The Courts collaborate and share information with state and territory courts, police and child protection agencies to enhance the safety of families involved in more than one jurisdiction.
Actions
2.1 The Executive Director – Court Children’s Services (Executive Director – CCS), Coordinating Registrars and Directors and Managers of Court Operations will, on a regional and ongoing basis, develop relationships with other courts, child protection agencies and police to ensure timely exchange of information including through the co-located officers. Compliance will be reviewed annually.
2.2 The National Operations Team, Executive Director – CCS, Directors and Managers of Court Operations will collaborate with state and territory courts, police and child protection agencies to improve information sharing, coordination and better service delivery. Compliance will be reviewed annually.
Goal 3
All staff and judges are aware of and apply the Family Violence Best Practice Principles for the effective, timely and safe disposal of all matters coming before the Courts in which family violence or risk of family violence is an issue.
Actions
3.1 The Chief Justice / Chief Judge will ensure that all judges undertake the Safe and Together family violence training (or other nominated training) within the first year of appointment and some form of family violence training annually thereafter.
3.2 The Chief Executive Officer will ensure that all registrars undertake the Safe and Together family violence training (or other nominated training) as part of their induction program and some form of family violence training annually thereafter.
3.3 The Directors and Managers of Court Operations will ensure that all staff working in family law complete the eLearning course on family violence as part of the induction process.
3.4 The Executive Director – CCS will annually review and update the family violence training package for all Family Consultants, including Regulation 7 Family Consultants.
3.5 The Executive Director, Strategy and Corporate Services, and Directors and Managers of Court Operations will implement training to ensure all relevant staff are skilled in creating and implementing safety plans for litigants experiencing, or at risk of, family violence. Compliance will be reviewed annually.
3.6 The Directors and Managers of Court Operations will ensure that all staff are aware of and make appropriate referrals to the Family Advocacy Support Service (FASS). Compliance will be reviewed annually.
3.7 The Executive Director, Strategy and Corporate Services, Marshal and contracted security management (currently MSS Security) will ensure that contracted security staff undertake family violence training tailored for their role. Compliance will be reviewed annually.
Goal 4
The Courts have an understanding of the unique issues for particular communities in relation to family violence and use this information to inform practice and procedures.
Actions
4.1 The National Operations Team, Executive Director – CCS and Directors and Managers of Court Operations will collaborate with other justice sector and social and community services dealing with family violence and child protection matters to inform and improve practice and procedures. Compliance will be reviewed annually.
Area B: Safety at Court
Goal 5
The Courts’ processes and practices comply with best practice for accessibility and safety of all court users.
Actions
5.1 Coordinating Registrars, Directors – CCS and Directors and Managers of Court Operations will monitor the current practices of Courts’ event listing and their impact on safety of all court users. Compliance will be reviewed annually.
5.2 The Chief Executive Officer will ensure, so far as practicable, that the Courts’ procedures to enable safe access to the Courts are available and made known to culturally and linguistically diverse communities. Compliance will be reviewed annually.
5.3 The National Executive Group and Chief Information Officer will develop nationally consistent descriptors for matters in which there is a safety plan or there are special risk factors. Compliance will be reviewed annually.
Goal 6
The physical layout of courtrooms and court buildings complies with the best practice principles for accessibility and safety of all court users.
Actions
6.1 The Chief Executive Officer and Director Security will ensure, so far as is practicable, that all Court premises and circuit locations meet minimum safety standards. Compliance will be reviewed annually.
Area C: Information and communication
Goal 7
Court users have ready access to relevant information about how the Courts can assist them if they have experienced, or are at risk of experiencing, family violence.
Actions
7.1 The National Communications Manager will annually review and update family violence specific publications to ensure they are current, accessible and relevant.
7.2 The National Communications Manager will annually review general publications and web content to ensure relevant family violence and/or safety information is included.
7.3 The National Communications Manager will ensure that information in relation to the Courts’ operations concerning family violence is up-to-date and coherent across the Courts. Compliance will be reviewed annually.
7.4 The Chief Executive Officer and National Communications Manager will explore the development of family violence specific information and referral advice for:
7.4.1 Aboriginal and Torres Strait Islander communities
7.4.2 Culturally and linguistically diverse communities
7.4.3 Individuals with a disability
7.4.4 LGBTQIA+ community
Compliance will be reviewed annually.
7.5 The National Communications Manager will annually review the metadata in family violence sections of the websites to maximise the search results. The Directors and Managers of Court Operations will ensure that all staff are aware of where and how to access information about family violence and the Courts. Compliance will be reviewed annually.
7.6 Directors of Court Operations and National Communications Manager will annually review safety at court information provided in appointment emails for clarity and appropriateness.
7.7 National Communications Manager, Executive Director – CCS, Executive Director – National Registrar Operations and Practice and Directors and Managers of Court Operations will biennially review and update all information about referrals to external agencies currently available to those experiencing, or at risk of, family violence.
7.8 Executive Director – CCS, Executive Director – National Registrar Operations and Practice, and Directors and Managers of Court Operations will annually review, update and strengthen processes followed by client service staff, family consultants and registrars in making referrals to other organisations, including ensuring the information about the organisations is up-to-date, on an ongoing basis.
7.9 The Directors and Managers of Court Operations will meet regularly with FASS to ensure effective referrals, information exchange and safety planning. Compliance will be reviewed annually.
Footnotes
1 Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) – the amendments referred to commenced on 7 June 2012
2 The new term of being ‘exposed’ to family violence was inserted, and the definition section now provides that a child is ‘exposed’ to family violence if the child sees or hears or otherwise experiences the effects of family violence. See section 4(1) and section 4AB(3).
