WilcoxKaren, ‘Recent Innovations in Australian Protection Order Law: A Comparative Discussion’ (Topic Paper No 19, Australian Domestic and Family Violence Clearinghouse, 2010) 22.
2.
AlexanderRenata, ‘Women and Domestic Violence’ in EastealPatricia (ed), Women and the Law in Australia (LexisNexis Butterworths, 2010) 164.
3.
HunterRosemaryStubbsJulie, ‘Model Laws or Missed Opportunity?’ (1999) 24(1) Alternative Law Journal12.
4.
The language of coercive and controlling violence emanates mostly from US sociologists such as KellyJoanJohnsonMichael, ‘Differentiation among Types of Intimate Partner Violence: Research update and implications for interventions’ (2008) 46(3) Family Court Review24, 481. For a look at how these terms crept into Australian legislation, see RathusZoe, ‘Shifting Language and Meanings between Social Science and the Law: Defining Family Violence’ (2013) 36(2) UNSW Law Journal359.
5.
Australian Bureau of Statistics, Personal Safety Survey Australia 2012, Canberra, 2013: 17 per cent of women surveyed had experienced the occurrence, attempt or threat of physical or sexual violence by a partner as opposed to 25 per cent of women surveyed who had experienced emotional abuse by a partner.
6.
EastealPatricia, ‘Violence against Women in the Home: Kaleidoscopes on a Collision Course’ (2003) 3(2) QUT Law & Justice Journal250.
7.
CarlineAnnaEastealPatricia, Shades of Grey: Domestic and Sexual Violence against Women (Routledge, 2014) 84.
8.
Wilcox, above n 1.
9.
Ibid6.
10.
ItzinCatherine, ‘Gendering Domestic Violence: The Influence of Feminism on Policy and Practice’ in HanmerJalnaItzinCatherine (eds), Home Truths about Domestic Violence: Feminist Influences on Policy and Practice (Routledge, 2000) 356, 357.
11.
JeffriesSamanthaBondChristineFieldRachael, ‘Australian Domestic Violence Protection Order Legislation: A Comparative Quantitative Content Analysis of Victim Safety Provisions’ (2013) 25(2) Current Issues in Criminal Justice3, 9–15. A cross-jurisdictional comparative state-by-state analysis can also be found in Family Law 17.5 ‘Domestic Violence’ in The Laws of Australia. (Thomson Reuters, 2014).
Domestic Violence and Protection Orders Act 2008 (ACT) s 16.
15.
Australian Capital Territory, Parliamentary Debates, Legislative Assembly, 15 March 2005, 1162 (StefaniakBill).
16.
Domestic Violence and Protection Orders Act 2008 (ACT) s 29. Section 34 provides that an interim order usually lasts between 15–21 days.
17.
Domestic Violence and Protection Orders Act 2008 (ACT) s 24.
18.
Legal Aid ACT, above n 13.
19.
Domestic Violence and Protection Orders Act 2008 (ACT) s 46(1). Section 55 provides that a final order can last up to two years.
20.
Australian Law Reform Commission (ALRC), Family Violence: A National Legal Response, Final Report (2010) 114.
21.
Domestic Violence and Protection Orders Act 2008 (ACT) sch 1.
22.
Domestic Violence and Protection Orders Act 2008 (ACT) s 13.
23.
Family Violence Act 2004 (Tas) ss 9(1)–(2).
24.
Restraining Orders Act 1997 (WA) s 6(1)(b).
25.
Domestic and Family Violence Protection Act 2012 (Qld) s 8(1); Intervention Orders (Prevention of the Abuse) Act 2009 (SA) s 8 (2)(b); Family Violence Protection Act 2008 (Vic) s 5(ii).
26.
Intervention Orders (Prevention of the Abuse) Act 2009 (SA) s 8(3)(c).
27.
Family Violence Act 2004 (Tas) s 7; Family Violence Protection Act 2008 (Vic) s 5.
28.
Family Violence Protection Act 2008 (Vic) s 6; Family Violence Protection Act 2012 (Qld) s 12.
29.
Domestic and Family Violence Act 2007 (NT) s 8.
30.
Intervention Orders (Prevention of the Abuse) Act 2009 (SA) s 8.
31.
Domestic and Family Violence Act 2007 (NT) ss 6(1)(c), 6(2)(c), 8(a)-(b).
32.
Domestic and Family Violence Protection Act 2012 (Qld) s 8(1)(f); Family Violence Protection Act 2008 (Vic) s 5(1)(a).
33.
Intervention Orders (Prevention of the Abuse) Act 2009 (SA) s 10(1)(b); Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 7(2); Domestic and Family Violence Act 2007 (NT) s 6(2).
34.
Intervention Orders (Prevention of the Abuse) Act 2009 (SA) s 10(1)(b).
35.
NancarrowHeather, ‘Domestic Violence Related Laws: Then and Now’ (2012) 11(1) Queensland Centre for Domestic and Family Violence Research, 2.
36.
Domestic Violence and Protection Orders Act 2008 (ACT) s 13.
37.
See, eg, Principles of Good Legislation: OQPC guide to FLPs (Office of the Queensland Parliamentary Counsel, 2014) 20. Specifically concerning family violence see ALRC, Family Violence and Commonwealth Laws: Improving Legal Frameworks, Report No 117 (2011) 11, 77, 88.
38.
Family Violence Protection Act 2012 (Qld) ss 10–11.
39.
Family Violence Protection Act 2008 (Vic) s 7.
40.
Family Violence Act 2004 (Tas) s 8.
41.
Intervention Orders (Prevention of the Abuse) Act 2009 (SA) s 8(5).
42.
Family Violence Protection Act 2008 (Vic) s 6; Domestic and Family Violence Protection Act 2012 (Qld) s 12. Such examples do not constitute family violence on their own. For example, in Victoria examples are preceded by a threshold test: 'economic abuse is behaviour by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person), without the second person's consent.
43.
Domestic and Family Violence Act 2007 (NT) s 8(a).
44.
The lawyers did not encourage more proscriptive action perhaps unaware that survivors' denial, minimising and normalising are common accoutrements of domestic violence.
45.
Applicant 1.
46.
Applicant 12.
47.
Ibid.
48.
Ibid.
49.
The ultimate result of these letters and orders is unknown as it was not within either the ambit or the timeframe of this project to investigate and evaluate.
50.
Domestic Violence and Protection Orders Act 2008 (ACT) s 64.
51.
Lawyer 1, Male.
52.
Domestic Violence and Protection Orders Act 2008 (ACT) s 34.
53.
Lawyer 1, Male.
54.
Registrar 1, Male.
55.
Applicant 9.
56.
Magistrate 1, Male.
57.
JeffriesBondField, above n 11,9.
58.
Even then though the primary issues are likely to be factual and evidence-based, such as denials of the alleged behaviour and assessments of credit.
