Lyla Lindsey
Domestic violence is a serious issue in Australia, affecting people from all walks of life, particularly women and children. The Australian government has taken steps to address this issue by implementing laws and initiatives to protect those experiencing domestic abuse and hold perpetrators accountable. The Family Law Act 1975 defines domestic violence as violent, threatening, or controlling behaviour by a person against a family member. This includes physical, sexual, emotional, psychological, and financial abuse, as well as social isolation and technology-facilitated abuse. While not all forms of domestic violence carry criminal sanctions, the police may issue intervention orders or lay criminal charges for offences such as assault, sexual assault, stalking, and breaching restraining orders.
| Characteristics | Values |
|---|---|
| Definition of domestic violence | "Violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful" |
| Legal status | Considered a criminal offence and punishable by law |
| Forms of domestic violence | Physical or sexual abuse, emotional and psychological harm, social isolation, financial control, coercive control, stalking, breaching restraining orders |
| Support services | National Domestic and Family Violence Bench Book, National Research Organisation for Women's Safety (ANROWS), Domestic Violence Crisis Line, 1800 RESPECT (24-hour National Support Help Line), Office of eSafety Commissioner |
| Government initiatives | "Partnerships Against Domestic Violence" program, emergency crisis payments to women, Supported Accommodation Assistance Programme, National Plan to Reduce Violence against Women and their Children 2010-2022 |
| Statistics | One in six women and one in 20 men have experienced domestic violence since the age of 15 (77% women and 23% men); in a two-year period in Victoria, more than 21% of incidents involved alcohol; the cost of domestic violence between 2002 and 2003 was estimated at A$8.1 billion |
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What You'll Learn
Domestic violence definitions and statistics
Domestic violence is a significant health and welfare issue in Australia, affecting people across all socioeconomic and demographic groups, but predominantly women and children. The Family Law Act 1975 defines domestic violence as "violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful". This includes intimate partners, former partners, or family members.
The Australian Bureau of Statistics (ABS) further breaks down the definition of violence into two main categories: sexual violence and physical violence. Sexual violence includes sexual assault, sexual threat, sexual harassment, child sexual abuse, and image-based abuse. Physical violence involves the occurrence, attempt, or threat of physical assault. Emotional abuse, which is also recognised by the ABS, occurs when a person is subjected to certain behaviours aimed at controlling their behaviour, causing them emotional harm or fear. This can include coercive control, which is a pattern of controlling behaviour used to establish and maintain power over another person.
Statistics on domestic violence in Australia reveal a disturbing prevalence:
- In 2021-22, it was estimated that 2.7 million women (27%) and 956,300 men (10%) had experienced violence, emotional abuse, or economic abuse by a cohabiting partner since the age of 15.
- The 2021-22 ABS Personal Safety Survey found that 1.7% of women and 0.8% of men surveyed reported experiencing violence from an intimate partner in the previous 12 months.
- A 2016 survey showed that one in six women and one in 20 men had experienced at least one incidence of violence from a current or former partner since the age of 15 (23% of men and 77% of women).
- Between 2014 and 2015, 2,800 women and 560 men were hospitalised after being assaulted by a spouse or partner.
- Indigenous people were 32 times more likely to be hospitalised for family violence than non-Indigenous people.
- Aboriginal women were found to be eight times more likely to be perpetrators of domestic violence than women in general.
- Women attending general practice in Australia reported partner abuse rates of 8.0% and 28% in a 12-month period.
It is important to note that these statistics may not capture the full scope of the issue, as many incidents of domestic violence go unreported.
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Government initiatives and funding
Domestic violence is a pressing issue in Australia, affecting people across all ages and demographic groups, with women and children being the most vulnerable. Indigenous, young, and pregnant women are particularly at risk. The Australian government has launched various initiatives and allocated funding to combat this issue.
In 1997, the then prime minister of Australia, John Howard, convened a meeting with the heads of all states and territories to address domestic violence. This resulted in the "Partnerships Against Domestic Violence" program, which received A$50 million in funding until 2003. Centrelink also started providing emergency crisis payments to female victims of domestic violence.
The Commonwealth Government of Australia also established the Partnerships programme, which provided A$157 million for the Supported Accommodation Assistance Programme. This initiative offered transitional support and accommodation to the homeless, many of whom were women fleeing domestic violence.
The murder of 11-year-old Luke Batty by his father in 2014 brought the issue of domestic violence into the spotlight. Luke's mother, Rosie Batty, became a prominent advocate, influencing national public attitudes and policies. Her campaigning led to the establishment of Australia's National Research Organisation for Women's Safety (ANROWS), an independent research organisation that guides policies and practices to address high rates of violence against women and their children.
The Australian government has also introduced the National Plan to Reduce Violence against Women and their Children, coordinated by the Department of Social Services. This plan includes various initiatives such as 1800RESPECT, a free and confidential telephone and online counselling service for victims of domestic violence. The government has committed significant funding to prevent family and domestic violence, with the National Partnership Agreement allocating $47.8 million to support early intervention initiatives, specialist services, innovative pilot programs, and workforce capability development projects.
Additionally, the Australian Government Department of Health, Disability and Aging funds a range of initiatives to address domestic violence, including improving health system responses, supporting outreach healthcare for victims, and enhancing the quality of care provided by primary health workers.
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Police procedures
Domestic violence is a crime in Australia, and police procedures reflect this. The police in Australia have a range of procedures in place to address domestic violence and support victims. Here are some of the key procedures:
Reporting and Response
The police encourage the reporting of domestic violence incidents, recognising that it is no longer a 'private' matter but a criminal behaviour punishable by law. When an incident of domestic violence is reported, the police will respond by attending the scene and assessing the situation. They will prioritise the safety of the victim and any children involved.
Intervention Orders
The police have the authority to issue intervention orders, which are legal orders made to protect victims of domestic violence. These orders can include restrictions on the perpetrator's movements and behaviours to ensure the safety of the victim. Intervention orders are now nationally recognised and enforceable across all states and territories in Australia.
Criminal Charges
If the incident involves criminal behaviour, the police will lay criminal charges against the perpetrator. This could include charges such as assault, harassment, or stalking. The police will gather evidence, interview witnesses, and work with prosecutors to build a case.
Support and Referral
The police are committed to providing improved support and referral services to victims of domestic violence. They often work collaboratively with government and non-government agencies to ensure victims have access to the necessary resources, such as housing, counselling, and legal services. This includes referring victims to specialised domestic violence services, such as crisis lines, support groups, and safe accommodation.
Prevention and Education
The police also focus on preventative measures and community education to address domestic violence. They may work with schools, community groups, and other organisations to raise awareness about domestic violence, promote respectful relationships, and challenge gender stereotypes and attitudes that contribute to this issue.
Training and Specialisation
Police forces across Australia have recognised the importance of specialised training in domestic violence response. This includes educating officers on the dynamics of domestic violence, the impact on victims, and effective intervention strategies. Some police forces have dedicated domestic violence units or liaison officers who have received specialised training and can provide expert assistance to victims.
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Legal procedures
Domestic violence is a serious issue in Australia, and the law treats it as such. The legal system provides several avenues for victims to seek protection and justice, and holds perpetrators accountable through intervention orders, criminal charges, and civil actions.
The Family Law Act 1975 defines domestic violence as "violent, threatening, or other behaviour by a person that coerces or controls a member of the person's family or causes the family member to be fearful". This Act covers acts of violence that occur between people in intimate relationships within domestic settings. The Criminal Code Act 1995 (Commonwealth) is another piece of legislation that criminalises slavery-like practices associated with domestic violence, such as forced marriage and child marriage.
Specific legislation is in force across all Australian states and territories, empowering courts to issue protection orders like apprehended violence orders to safeguard victims or those at risk. These civil protection orders are typically obtained under state or territory laws, with mutual recognition across Australia. Victims can also bring civil actions against perpetrators to seek compensation for their losses and suffering.
If a case of domestic violence comes to their attention, the police may issue an intervention order or lay criminal charges. While not all forms of domestic violence carry criminal sanctions, they are relevant in various legal contexts, such as when courts make intervention or parenting orders. The National Domestic and Family Violence Bench Book guides courts in handling these cases.
Additionally, the police in Australia have specific powers to address family violence. For instance, ACT police officers can enter private premises without a warrant to prevent family violence and seize firearms.
Overall, Australia has a comprehensive legal framework to address domestic violence, protect victims, and hold perpetrators accountable through various legislative tools and police interventions.
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Support services
Australia has a range of support services for those affected by domestic violence, including victims and perpetrators. These services include telephone helplines, safe houses, and legal and medical support.
- White Ribbon Australia: Provides 24/7 support for women and their children experiencing domestic and family violence. They offer free legal information, help with applying for legal aid, and referrals to lawyers. They also provide culturally appropriate legal advice to Indigenous and Torres Strait Islander people.
- 1800 RESPECT: A 24-hour National Support Helpline for those experiencing domestic or family violence and abuse.
- Domestic Violence Crisis Line: Operated by Women’s Safety Services SA, this helpline offers crisis support, referrals for housing and accommodation, counselling, and the Safe at Home service.
- Office of eSafety Commissioner: Provides advice on online safety for people experiencing family violence, including tips for staying safe with electronic devices and online.
- Centrelink: Provides emergency crisis payments to women who are victims of domestic violence.
- Our Watch: An organisation based in Melbourne that works to prevent violence against women and their children.
- Australian National Research Organisation for Women's Safety (ANROWS): An independent, not-for-profit research organisation established under the National Plan to reduce violence against women and their children.
- Legal Services: Offers free and confidential legal advice in South Australia. They embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation, and gender identity.
In addition to these services, there are various state-specific and local support services available across Australia, such as the Law Society of South Australia and the Law Society of ACT, which help individuals locate legal assistance and advice in their local area.
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Frequently asked questions
Domestic and family violence can take many forms, including physical or sexual abuse, emotional and psychological harm, social isolation, financial control, and coercive control.
Yes, domestic violence is illegal in Australia. The Australian federal, state, and territory laws have adapted to protect and compensate those facing family and domestic violence. Behaviours expressed through domestic abuse are considered criminal offences and are therefore punishable by law.
If you are experiencing domestic abuse and it is threatening your life, you are encouraged to call 000 and ask for police assistance. You can also call 1800 RESPECT (1800 737 732), a 24-hour National Support Help Line for those experiencing domestic or family violence and abuse.
When the police respond to a call from 000 and believe there is a risk of family violence, they can issue a 'police order', providing immediate protection to the person experiencing abuse. The police may also issue an intervention order or lay criminal charges against the perpetrator.
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