Reforms aiming to deter family violence, make system safer take effect

Courts now empowered to stop use of sensitive information as evidence in some family law cases

Reforms aiming to deter family violence, make system safer take effect

Michelle Rowland, Australia’s attorney-general, has announced that the Family Law Amendment Act 2024 – which seeks to help discourage family violence, support vulnerable individuals escaping violent relationships, and promote fairer outcomes for victim-survivors – has come into effect this month. 

“These once-in-a-generation reforms aim to support victim-survivors of family violence to get a fairer outcome in family law matters and prevent long-term disadvantage,” Rowland said in the media release. 

The changes – dubbed “landmark family law reforms” by the attorney-general’s media release – provided: 

  • a framework in the Family Law Act for deciding family pet ownership and preventing the use of animals to perpetrate family violence 
  • a new power for family law courts to stop the viewing or use of sensitive information as evidence in family law proceedings, if the danger in doing so would outweigh the necessity for the evidence 
  • an assurance that courts would consider the economic effects of family violence when dividing property and finances between separated couples 

More broadly, the reforms aim to reinforce the Australian government’s continuing commitment to tackling Australia’s problem of family violence and making the country’s family law system simpler, safer, and fairer for all families, according to the attorney-general’s media release. 

Government’s work

The attorney-general’s media release noted that the new legislation seeks to build upon prior reforms. In its first term, the Albanese government passed the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023. 

These enactments offered new information-sharing arrangements aiming to safeguard families against risks and keep the children’s best interests at the forefront of all parenting decisions in family law matters. 

The government’s work to fight family violence includes funding in support of the Federal Circuit and Family Court of Australia’s expansion of its Lighthouse model, which seeks to enhance the risk screening, triage, and assessment of family law matters. 

In the media release, the attorney-general shared that the family law sector has assisted in anticipating the amendments’ impacts. 

 “The Albanese Government thanks all those involved in the development and implementation of these vital reforms, particularly victim-survivors and family law professionals who shared their stories to inspire change,” Rowland said in the media release.