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In line with the new Migration Amendment (Family Violence and Other Measures) Bill 2016, AWAVA agrees that there is merit in addressing family, domestic and sexual violence in the migration law context and that reforms are needed to support more suitable pathways for victims of this violence. However, we express reservations about the likely effectiveness of proposed Bill in achieving these goals, as well as the possible unforeseen ramifications of this Bill for victims/ survivors of domestic and family violence.

We are submitting our position paper to the committee reiterating the recommendations outlined in the Victorian Royal Commission into Family violence report and also the recommendations made by the ALRC that relate to family violence.

Download our submission here

AWAVA welcomes the opportunity to contribute a submission to the Senate inquiry into Domestic violence and gender inequality (Finance and Public Administration References Committee).

Violence against women is an extreme manifestation of gender inequality in society and a serious violation of human rights. It violates the rights to life, to equality, to liberty and security of person, to the highest standard attainable of physical and mental health, to just and favourable conditions of work and not to be subjected to torture and other cruel, inhuman, or degrading treatment or punishment.
Violence against women is characterised by unequal gender dynamics, relations and control at an individual, community and institutional level. It is also exacerbated by, and intersects with other forms of marginalisation, discrimination and vulnerabilities and often has compounding impacts for, but not limited to, Aboriginal and Torres Strait Islander women, women from culturally and linguistically diverse backgrounds (CALD), women with disability, gender diverse, trans* and intersex people, older women, younger women, children, women in regional, rural and remote areas, and women in prison.
The Australian Government has recognised the extent of domestic, family and sexual violence as a problem in Australia. It has also recognised the fact that this violence is most commonly perpetrated by males against females and is a cause and consequence of gender inequality. AWAVA supports efforts to end violence against women and gender inequality in Australia’ however, we believe there needs to be a holistic approach that recognises and challenges the entrenched, ongoing and socially systemic problem that it is. To achieve this, policy development processes must ensure inclusivity and visibility, particularly for gay, lesbian, bisexual, transgender, intersex and queer people, Aboriginal and Torres Strait Islander women, children, older and younger women, women from culturally and linguistically diverse backgrounds (CALD), women with disability, women in regional, rural and remote areas, women in prison, and women in institutional settings.

Download our submission here  

We presented our position paper to the Senate committee on the 12^th of February 2016 with specific recommendations to the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015. We stress the need to make the system safe and trustworthy for survivors of violence. We believe that by incorporating a deep understanding of the dynamics of domestic violence in all steps in the process in court proceedings we will be assured of the safety of women and children.

To read more about our position on Binding Financial Agreements, Summary Dismissal, and Suspension of Parenting Orders please read full text here 

AWAVA made a submission on the development of the 2016-17 Budget.

While The Australian Government’s policies have supported valuable work on the prevention of violence against women and have promoted a better understanding of the attitudes that enable violence and undermine safety, the services that deal directly with women living in situations of violence continue to struggle to meet rising demand. Funding for these services is the most critical gap in the Government’s otherwise positive approach to preventing and responding to violence  against women.

Download our full submission here 

AWAVA welcomes the opportunity to contribute a submission to the Senate inquiry into the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015.

We support the intention of the Bill to strengthen the Family Law Act, and particularly the intention of enabling the courts to offer better protection to victims of family violence.

We agree that there is merit in enabling family courts to dismiss an application where there is no reasonable prospect of success, but we share Women’s Legal Service Queensland’s concern about possible negative unforeseen consequences for victims of domestic and family violence.

More generally, in light of the serious concerns raised by Women’s Legal Service Queensland in its submission, we have reservations about whether many of the proposed amendments will achieve the purpose of offering better protection to victims of family violence. Much more extensive change is needed in order to make the safety of women and children central to the operation of the family law system.

Download our submission here 

AWAVA welcomes the opportunity to contribute a submission to the Senate inquiry into ‘the phenomenon colloquially referred to as “revenge porn”, which involves sharing private sexual images and recordings of a person without their consent, with the intention to cause that person harm’.

We support moves to criminalise the non-consensual sharing of intimate images in Commonwealth law. The best protection in the Australian context will be achieved by a specific-purpose Commonwealth law mirrored by consistent and uniform State and Territory laws. Penalties for the offence should be substantial, reflecting the harm caused and the need to deter potential offenders. The definition of the offence should recognise that there are cultural and other differences in understandings of what is intimate or sexual. It should also focus on the potential harm caused to the victim, rather than the intention of the offender, with culpability framed in terms of recklessness with regard to the likely impacts on the victim, rather than depending on intention per se, which can be difficult to establish.

Download our submission here