Submission on the proposed civil penalties regime for non-consensual sharing of intimate images
We welcome the opportunity to make a submission submission as part of the Commonwealth’s consultation on a new civil penalties regime for the non-consensual sharing of intimate images, and related matters. AWAVA supports moves to criminalise the non-consensual sharing of intimate images in Commonwealth law. As we have previously stated in our submission to the 2016 Senate inquiry into “the phenomenon colloquially referred to as ‘revenge porn’”:
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.
Social Services Legislation Amendment (Omnibus Savings and Child Care Reform) Bill 2017
Our view on cuts to social spending across areas from income support to legal and homeless services. Read our recent submission.
Social Services Legislation Amendment (Omnibus Savings and Child Care Reform) Bill 2017
As reference read earlier joint submission here.
Submission in response to the exposure draft of the Family Law Amendment (Family Violence and other Measures) Bill 2017 (Cth) and corresponding Public Consultation Paper. 3 Feb 2017
AWAVA supports the intention of the draft Bill to strengthen the Family Law Act, and particularly the intention of enabling family law systems to better respond to and offer protection to victims/survivors of domestic, family and sexual violence.
We agree there is value in the expansion of state and territory family law jurisdictions to enable family law matters to be resolved by state and territory courts as appropriate; however, we have reservations about the practical application of these amendments without state and territory courts receiving sufficient additional resourcing and training to be able to meet the increased caseload and exercise the requisite expertise to deal with complex family law matters, particularly those that involve domestic family and sexual violence.
Submission to the Special Rapporteur on Violence against Women, its Causes and Consequences 27 January 2017
In our submission to the Special Rapporteur on Violence against Women, its Causes and Consequences last 27th of January 2017, we highlighted the Australian Government’s legislative, policy and program responses to violence against women as well as the funding situation that puts women’s services in a state of uncertainty. We recognize that this is a critical gap in the Government’s otherwise positive approach to preventing and responding to violence against women that needs to be prioritized.
Submission on Migration Amendment (Family Violence and Other Measures) Bill 2016, 04 October 2016
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.
Submission to the Finance and Public Administration References Committee inquiry on Domestic Violence and Gender Inequality
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.
Official Committee Hansard Family Law Amendment (Financial Agreements and Other Measures) Bill 2015
We presented our position paper to the Senate committee on the 12th 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