Family violence law changes a step closer

Draft laws which prevent domestic violence abusers from questioning their victims in court are a step closer after passing federal parliament's lower house.

Draft laws to prevent abusive partners from cross-examining their alleged victims in court have passed the first hurdle.

The legislation was given the green light in federal parliament's lower house on Tuesday and is expected to clear the Senate with Labor's support.

The bill bans people who have been accused of violence against their partners from cross-examining them, making it a requirement for them to have a lawyer to instead conduct the questioning.

Screens and video links can also be used in court to protect alleged victims.

Labor's attempt to tie Legal Aid funding to the draft laws was voted down on Tuesday, 75 to 68.

Shadow attorney-general Mark Dreyfus told parliament while debating the bill on Monday there was "nothing left in the tank" at Legal Aid offices around the country.

He said lawyers were concerned a lack of funding would prevent the ban from working effectively.

However, Liberal MP Jason Falinski said the government is working with Legal Aid to assess resourcing issues and ensure adequate funding is available.

"We can ensure the trauma does not continue and victims can seek appropriate services," Mr Falinski told parliament.

Independent Cathy McGowan shared the story of a woman known as Eleanor, who cannot be named for legal reasons, who was cross-examined by a former abusive partner.

"'It was a massive slap in the face, how could they give my rapist his power back over me?'" Ms McGowan read from Eleanor's letter.

The legislation won't commence until nine months after being rubber stamped, giving courts time to adjust their procedures and for parties to find legal representation.


Share
2 min read

Published

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world