Children and families are entering the child protection system with increasingly complex family circumstances, including domestic and family violence. Victims/survivors of domestic and family violence often do not receive the support they need to maintain or re-establish their caring roles while building lives that are safe from violence. The aim of this page is to provide a guide to some available policy reports, information and links on the intersection of domestic and family violence, child protection and family law. This resource does not compile existing recommendations or make new ones, although many of the reports referred to do contain proposals for reform. The content is relevant for June 2017.
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Relevant legislation and jurisdictions
Work in the intersection of domestic and family violence, child protection and family law is complicated by overlapping jurisdictions, e.g. there may be State/Territory interventions (child protection) at the same time as interventions at the Federal level (family law).
These overlapping jurisdictions and services are outlined in a report on Collaborative work across the child protection and specialist domestic and family violence interface by Cathy Humphries and Lucy Healey for ANROWS’s PAThways and Research Into Collaborative Inter-Agency practice – PATRICIA project
The relevant pieces of legislation in Australian jurisdictions are outlined in the table below:
| Jurisdiction | Legislation |
| Federal | Family Law Act 1975Family Law (Child Protection Convention) Regulations 2003 |
| NSW | Children and Young Persons (Care and Protection) Act 1998Children and Young Persons (Care and Protection) Amendment Bill 2009
Children and Young Persons (Care and Protection) Amendment (Parental Responsibility Contracts) Act 2006 Child Protection (Offenders Registration) Act 2000 Crimes Act 1900 Commission for Children and Young People Act 1998 The Ombudsman Act 1974 |
| ACT | Children and Young People Act 2008Adoption Act 1993
Human Rights Act 2004 Human Rights Commission Act 2005 Public Advocate Act 2005 |
| NT | Care and Protection of Children Act 2007Information Act 2006
Disability Services Act 2004 Criminal Code Act 2006 |
| QLD | Child Protection Act 1999Child Protection Reform Amendment Act 2014
Public Guardian Act 2014 Family Child and Commission Act 2014 Education (General Provisions) Act 2006 Public Health Act 2005 Commission for Children and Young People and Child Guardian Act 2000 Adoption of Children Act 1964 |
| SA | Children’s Protection Act 1993Children’s Protection Regulations 2006
Young Offenders Act 1994 Adoption Act 1988 Family and Community Services Act 1972 |
| TAS | Children, Young Persons and their Families Act 1997Children, Young Persons and their Families Amendment Act 2009
The Family Violence Act 2004 |
| VIC | Children, Youth and Families Act 2005Working with Children Act 2005
Child Wellbeing and Safety Act 2005 The Charter of Human Rights and Responsibilities Act 2006 The Commission for Children and Young People Act 2012 |
| WA | Children and Community Services Act 2004Working with Children (Criminal Record Checking) Act 2004
Family Court Act 1997 Adoption Act 1994 Child Care Services Act 2007 |
National Policy Context
The two key national policy frameworks are:
The National Framework for Protecting Australia’s Children 2009–2020
AND
The National Plan to Reduce Violence Against Women and their Children 2010-2022
Also relevant is the Royal Commission into Institutional Responses to Child Sexual Abuse
Key reports, inquiries and submissions
Australian Human Rights Commission Children’s Rights Report (2016)
Australian Institute of Family Studies (2016) Child Abuse and Neglect Statistics
Australian Institute of Family Studies (2015) What is child abuse and neglect? CFCA Resource Sheet
Australian Law Reform Commission (2010) Final Report Family Violence—A National Legal Response Chapter 19 The Intersection of Child Protection and Family Laws and Chapter 4 Purposes of Laws Relevant to Family Violence. Child protection law
Department of Families, Housing, Community Services and Indigenous Affairs together with the National Framework Implementation Working Group (2011) An outline of National Standards for Out‐of‐home Care A Priority Project under the National Framework for Protecting Australia’s Children 2009 – 2020
Domestic Violence NSW (2016) Submission to the NSW Parliamentary Inquiry into Child Protection
Family Court of Australia (2016) Child abuse allegations: Magellan Case Management
Federal Circuit Court (2013) Exposure to family violence and its effect on children
Senate Community Affairs Committee report on Out-of-Home Care (2015)
Women’s Legal Service NSW (2016) Submission to the NSW Parliamentary Inquiry into Child Protection
Women’s Legal Services Australia (2017) Submission to House of Representatives Standing Committee on Social Policy and Legal Affairs Submission to the parliamentary inquiry into a better family law system to support and protect those affected by family violence
Child protection and Aboriginal and Torres Strait Islander Children
Aboriginal and Torres Strait Islander children are overrepresented in child protection, with a recent inquiry report noting: “In 2013, peak Aboriginal and community service organisations warned the Victorian government that the rate of Aboriginal child removal in Victoria was exceeding levels seen at any time since white invasion” Some relevant resources: Aboriginal and Torres Strait Islander Healing Foundation, Bringing Them Home 20 years on: an action plan for healing Australian Human Rights Commission 1997 Bringing Them Home: “The Stolen Children” Report Australian Institute of Family Studies 2016, Child Protection and Aboriginal and Torres Strait Islander Children Commissioner for Children and Young People, Victoria (2016) Always Was, Always Will Be Koori Children Systemic inquiry into services provided to Aboriginal children and young people in out-of-home care in Victoria (2016) Family Law Council 2012 Improving The Family Law System For Aboriginal And Torres Strait Islander Clients A report to the Attorney-General Judicial Council on Cultural Diversity (2016) The Path to Justice: Aboriginal and Torres Strait Islander Women’s Experience of the Courts Little Children are Sacred: Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse (2007) Unique challenges experienced by families from culturally and linguistically diverse backgrounds are migration and acculturation stress, displaced sense of belonging and cultural identity, perceived or actual racism and discrimination, intergenerational conflict, low English proficiency, insufficient awareness of institutional systems and local services available, lack of extended family/community support, poor settlement experience in the period after arrival and socio-economic disadvantage. Some relevant reports surveying the issues include: Australian Churches Refugee Taskforce (2014) Protecting the Lonely Children Ethnic Communities Council QLD (2011) Resources for Culturally and Linguistically Diverse (CALD) Clients and Child Protection Judicial Council on Cultural Diversity 2016, Migrant and Refugee Women’s Experience of the Courts Saunders, V., Roche, S., Prof. McArthur, M., Prof. Arney, F., Dr Ziaian, T. (2015) Refugee Communities Intercultural Dialogue: Building Relationships, Building Communities. Institute of Child Protection Studies, Australian Catholic University, University of South Australia Sawrikar, Pooja and Katz, Ilan Barry (2014) Recommendations for Improving Cultural Competency When Working with Ethnic Minority Families in Child Protection Systems in Australia, Child and Adolescent Social Work Journal, 2014, 31, 5, 393 Victorian Royal Commission into Family Violence: Summary and recommendations, Parl Paper No 132 (2014–16) Williams, Charlotte RMIT University Enhancing service delivery for culturally and linguistically diverse children and families Policies and practices to support same-sex parented families in the Australian health, education, child protection and foster care systems have been assessed in the following reports: * Note: Resources suggested below does not take into account the most recent (2017) legislative change, that adoption by same-sex couples is legally available in all jurisdictions of Australia – except for the Northern Territory. Dempsey, D. (2013) Same-sex parented families in Australia. CFCA PAPER NO. 18. Australian Institute of Family Studies Hayes, A., & Higgins, D. (Eds.). (2014). Families, policy and the law: Selected essays on contemporary issues for Australia. Melbourne: Australian Institute of Family Studies p.89-99 Riggs, D.W. (2011). Australian lesbian and gay foster carers negotiating the child protection system: Strengths and challenges. Sexuality Research & Social Policy, 8(3), 215-226. Submissions by leading disability advocacy organisations to the Senate Community Affairs inquiry into Out-of-Home Care have argued that child protection systems do not provide adequate support for families with disability or families of children with disability to maintain care of their children. [4] The following reports outline some of the issues involved: Breckenridge, J and Flax, G (2016) Service and support needs of specific population groups that have experienced child sexual abuse, Royal Commission into Institutional Responses to Child Sexual Abuse, Sydney. Child Protection Systems Royal Commission, The life they deserve: Child Protection Systems Royal Commission Report, Volume 1: Summary and Report, Government of South Australia, 2016. Llewellyn, G, Wayland, S, Hindmarsh, G (2016) Disability and child sexual abuse in institutional contests, Royal Commission into Institutional Responses to Child Sexual Abuse, Sydney McConnell, D, Llewellyn, G, Ferronato, L. (2000) Parents with a disability and The NSW Children’s Court, University of Sydney Download the word version of the resource here [1] ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN. Systemic inquiry into services provided to Aboriginal children and young people in out-of-home care in Victoria http://www.ccyp.vic.gov.au/downloads/always-was-always-will-be-koori-children-inquiry-report-oct16.pdf [2] Improving the family law system for Aboriginal and Torres Strait Islander clients. A report to the Attorney-General prepared by the Family Law Council 2012 [3] Children Protection 2014-2015 AIHW [4] Intellectual Disability Rights Service, Submission 21; Endeavour Foundation, Submission 43; National Disability Services, Submission 54; ACT Disability, Aged and Carer Advocacy Service (ADACAS), Submission 71; People with Disability Australia (PWDA), Submission 74; Children with Disability Australia (CDA), Submission 80. All submissions are made into the Out-of-Home Care Inquiry by the Senate Community Affairs Committee Secretariat.Children from culturally and linguistically diverse backgrounds
Children raised by same-sex or transgender parents
Children with disabilities and child protection
