Domestic violence is an issue that permeates all levels of society. It is difficult to
accurately estimate the true incidence of domestic violence in society as most incidents are
not reported to police and some victims may attempt to deny or hide its reality. Access
Economics believes that approximately 1.6 million women in Australia have experienced
domestic violence in some form since the age of 15. In the overwhelming majority of
incidents, the violence is perpetrated by a man against a woman. However, the reverse
situation is not unknown, nor are same sex relationships immune to domestic violence.
Section two (pp 3-5) of this paper notes the various ways in which ‘domestic violence’ and
‘family violence’ have been defined. Definitions vary in terms of the relationships they
include and what is deemed violence. There is substantial overlap in a number of
definitions of domestic violence and family violence, but generally family violence is seen
as being broader in scope.
Various studies of the incidence and prevalence of domestic violence in Australia are
examined in section three (pp 6-9). Common reasons for not reporting domestic violence
are also identified.
Section four (pp 10-17) highlights some of the major strategies adopted by the
Commonwealth and NSW governments to reduce the occurrence of domestic violence in
Australia. The Women’s Safety Agenda was recently established at a federal level in place
of the Partnerships Against Domestic Violence initiative. Numerous projects have been set
up in NSW under the NSW Strategy to Reduce Violence Against Women.
The police have an important role in preventing and responding to domestic violence
incidents. Section five (pp 18-20) includes an overview of the search, entry and seizure
powers as expressed in the Law Enforcement (Powers and Responsibilities) Act 2002
(NSW).
The Crimes Amendment (Apprehended Violence) Act 2006 (NSW) made a number of
alterations to Part 15A of the Crimes Act 1900 (NSW) which governs apprehended
violence orders. The current version of Part 15A is discussed in section six (pp 21-29),
particularly the application process and conditions that may be attached to various orders.
The Women’s Domestic Violence Court Assistance Scheme and the Domestic Violence
Solicitor Scheme are also briefly mentioned.
Section seven (pp 30-35) is concerned with the way in which family violence is taken into
account in the operation of the Family Law Act 1975 (Cth). Significant changes were made
by the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) which
introduced a presumption of equal shared parental responsibility. Parties are also required
to attend family dispute resolution before applying for a parenting order. However, these
presumptions do not apply in situations involving family violence.
Domestic violence courts have been established in a number of jurisdictions both within
Australia and overseas. An overview of some of the programs operating in Australian
courts is provided in section eight (pp 36-44), with particular note made of the NSW
Domestic Violence Intervention Court Model. This section also identifies a number of the