Protecting victims of family violence, including children, in the family law system: Disincentives to disclosing family violence and child abuse, and responding to systems abuse – Terms 1a and 1b, 2024

In response to terms of reference endorsed by the Attorney-General, the Council considered how to protect victims of family violence, including children, in the family law system. Specifically, Council considered the effectiveness of the 2012 ‘family violence’ amendments to the Family Law Act 1975 in removing disincentives to disclosing family violence and child abuse in family law proceedings; and whether current legislative protections are adequate to prevent and respond to systems abuse, including as a form of coercive control, in family law proceedings. This report makes recommendations for limited legislative reform to further remove disincentives to disclosing family violence, provides for consideration of social science evidence in respect to family violence, and endeavours to provide practical guidance to family law professionals in these areas. The Attorney-General received this report on 15 November 2024.