Acting on what he says is a community-wide desire for further concrete measures to tackle family violence, Opposition Leader Jeremy Hanson floated a suggestion this week that the ACT introduce a dedicated family violence court and magistrate. Earlier this year, the ACT Liberals pledged to co-operate as far as possible with Labor on strategies to minimise family violence, and Mr Hanson's suggestion would seem to indicate this was no mere idle political gesture. If nothing else, it is characteristic of the political mindfulness that now surrounds this most problematic and pressing of social ills.
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In fact, the territory has had a family violence court since passage of the Courts Legislation Amendment Act 2011, with the magistrate sitting there "referred to as the Family Violence Court Magistrate" and the chief magistrate having responsibility for "the orderly and prompt discharge of business". But quibblers assert the changes have not led to the creation of a single specialised family violence court magistrate in the way that a single specialised children's court magistrate or an industrial court magistrate have been established in the ACT. The Australian Law Reform Commission certainly seems to agree, describing the ACT Magistrates Court as having the component of a specialised family violence list, with matters tagged as family violence-related. Of a dedicated magistrate, there is no mention.
Taking his lead from advocates such as Victims of Crime commissioner John Hinchey, Mr Hanson argues that a dedicated magistrate would develop a deeper understanding of the complexities of family violence and ensure cases were finalised faster and more efficiently. Moreover, they would be better equipped to identify the nuances and risks of particular cases, ensuring that victims' responses to the court process were more positive than might otherwise be the case.
The two jurisdictions which come closest to having the features of a specialised family violence court are Western Australia and Victoria, with the latter providing "specialist magistrates, dedicated family violence court registrars, court-based applicant support workers and respondent support workers, family violence outreach workers, comprehensive family violence legal services, dedicated police prosecutors and additional safety measures at the two locations where the Family Violence Court Division operates". Indeed, the FVCD has been described as "the closest example of a one-stop shop model for victims of family violence in Australia".
The ACT Family Violence Court, too, aspires to a more integrated approach to dealing with violence in the home – one, it says, that "recognises the complexities and special interest in the protection of individual victims and the community as a whole". This itself reflects the ACT government's desire for a more proactive and co-ordinated response to family violence. Finding the necessary resources remains the rub, however.
The Barr government's remedial efforts in this area cannot be described as wanting. Its June budget included a suite of new measures, including the establishment of a co-ordinator general to oversee strategic efforts. But with ACT Policing attending more family violence incidents than ever, much ground remains to be covered,including ensuring that the family violence court is specialised in name and nature.
