New state laws to protect family violence victim-survivors from discrimination

A North East family violence service has welcomed sweeping state government reforms that aim to stop victim-survivors from facing discrimination in housing and employment long after leaving abusive relationships. The state government announced in August it proposed to amend the Equal Opportunity Act to make ‘subjection to family violence’ a protected attribute, making it unlawful to discriminate against someone because they are experiencing or have experienced family violence. Reform would also include making coercive control a standalone criminal offence, taking ‘good character’ references off the table, strengthening Family Violence Intervention Orders and stopping perpetrators weaponising fines by expanding relief and exemptions for victim-survivors. Wangaratta-based Centre Against Violence chief executive officer Jaime Chubb said any reform that strengthens safety and rights of victim-survivors was welcomed. “Every day we see firsthand that family violence doesn't end when someone leaves,” she said. “The impacts can continue long after the violence itself, affecting a person's housing, employment, financial security, health and wellbeing." Ms Chubb said all elements of the reform would address what the organisation sees in its everyday work across the North East. “No one should face discrimination at work, in housing or elsewhere because they have experienced family violence or taken steps to keep themselves or their children safe," she said. “Through our work, we know abuse is not always physical or a single incident; it can be an ongoing pattern of intimidation, isolation, financial abuse and control that gradually erodes a person's freedom, confidence and sense of safety. “We know that many people who use violence are often viewed as respected members of their communities… a person's reputation should never outweigh the harm caused to a victim-survivor." Ms Chubb said as these reforms were implemented, it would be critical they would be supported by specialist training, ongoing consultation with victim-survivors and investment into the family violence sector. “We need to ensure changes intended to protect victim-survivors do not create unintended consequences, including the risk of victim-survivors being misidentified as perpetrators," she said. "Legislative reform matters, but the real measure of success will be whether victim-survivors are safer, supported and able to access justice without experiencing further harm." Under the changes, the Open Courts Act will also be amended to limit the use of suppression orders for convicted rapists. The reform would review the use of interim suppression orders and examine the grounds on which proceeding suppression orders can be made in criminal trials. Attorney-General Sonya Kilkenny is establishing an expert advisory group to drive the implementation of coercive control and provide advice on making the justice system easier to navigate. “Victim-survivors should never have to fight their way through the justice system – these reforms put their safety and their voice first,” Ms Kilkenny said.

New state laws to protect family violence victim-survivors from discrimination

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