New Domestic Violence Bench Book Released for Judicial Officers

Monday 22 August 2016 @ 12.38 p.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

In a media release from 18 August 2016, the Commonwealth Attorney-General, Senator George Brandis, announced "an important new online resource for judicial officers dealing with domestic and family violence related cases."

Background to the Bench Book

As a result of the recommendations of the joint Australian Law Reform Commission Report and the New South Wales Law Reform Commission Report, Family Violence—A National Legal Response, the Bench Book was developed, particularly as a response to Recommendation 8-2, where it was recommended that police and judicial officers hould be given training about potential federal offences committed in a family violence context, including when such offences should be prosecuted or used as a basis for obtaining a family violence protection order. 

In total, the report (delivered on 11 November 2010) contained a total of 187 recommendations for reform.

Contents in the Bench Book

The first stage of the book has been released and, according to the media release:

"provides information about the dynamics of domestic and family violence, guidelines for courtroom management, information about referrals for victims and perpetrators of domestic and family violence and reference to specific matters judicial officers should consider when making decisions in domestic and family violence related cases."

Topics covered in the first stage include:

  • Terminology;
  • Dynamics of Domestic and Family Violence;
  • Fair Hearing and Safety;
  • Evidence Issues;
  • Issues relating to protection orders and other interventions;
  • Perpetrator interventions;
  • Responses in criminal proceedings;
  • Family Law proceedings; and
  • Victim experiences.

According to the media release, the second and final stage of the National Domestic and Family Violence Bench Book is scheduled to be launched by June 2017.

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