Federal Budget 2021: $1.1b for domestic violence, Family Court to appoint more judges

Domestic violence victims will be able to make their way through the court system faster following key changes to federal budget funding.

Domestic violence groups are demanding an end to shared custody, as the Family Court hires more judges to speed up messy divorce hearings.

Women’ Legal Services Australia spokeswoman Angela Lynch called for urgent reforms to family law to put children’s safety first.

She said the presumption of shared custody “gives violent men an incentive to litigate and puts children at risk’’.

“This dangerous presumption routinely gives violent perpetrators continued access to their victims and has already caused preventable deaths,’’ Ms Lynch said.

The federal budget handed an extra $100 million over four years to fast-track cases in courts clogged with custody and property disputes.

Chief Justice of the Family Court, Will Alstergren said new budget funding will allow him to hire 10 more judges over the next year. Picture: Supplied/Family Court of Australia

Family Court Chief Justice and Federal Circuit Court Chief Judge Will Alstergren said he would hire 10 more judges this year to reduce delays and improve the safety of people caught in divorce disputes.

“For too long, we have endured a less than ideal system, and with the injection of such substantial resources, I am confident that the courts can start to address the unacceptable delays litigants have faced for many years,’’ Chief Justice Alstergren said.

“The judges of our Courts are some of the hardest working judges in Australia, demonstrated over the past 12 months by their ability to continue to hear cases successfully throughout the pandemic.

“This funding will provide them with critical and much-needed support to continue to deal with their unrelenting workloads.’’

Chief Justice Alstergren said he would hire two more Family Court judges and eight more FCC judges – a 10 per cent increase.

From July this year, he would also hire 27 more registrars, 25 registrar-related support roles, 10 family consultants, four indigenous liaison officers and 10 associate positions for Family Court judges.

The extra money will also be used to set up information sharing between family law courts and state-based child protection and DV systems, so judges can check if family members are in danger.

Chief Justice Alstergren said the courts would continue to discuss with the Federal Government ways to “tackle family violence and protect vulnerable parties and children’’.

The Morrison Government has announced $1.1 billion in extra spending on safe houses, counselling and legal aid to keep people safe.

Victims of domestic violence will be handed up to $1500 in cash, plus $3500 in goods or direct payments of rental bonds, school fees or other essential items to start a new life.

But they will no longer be able to tap into their superannuation early, amid concern that too many women have drained their retirement savings.

Ms Lynch welcomed the record spending on women’s safety.

“Our services are so chronically under-resourced that there are so many women we haven’t been able to help,’’ she said.

“This ongoing support over four years gives us hope that more women and children will get the help they need’’.

Other key measures from the Federal Budget include payments of up to $5000 for victims of domestic violence leaving violent partners or former partners.

The “escape payment’’ for women will include up to $1500 in immediate cash, plus $3500 in goods or direct payments of rental bonds, school fees or other essential items.

The Escaping Violence Payments will total $165 million over three years and be provided under a two-year trial through a domestic violence frontline service, and include wraparound support for women and their children.

The budget papers do not state if payments will also be available to men suffering domestic violence.

Treasurer Josh Frydenberg handed down the latest federal budget on Tuesday. Picture: NCA NewsWire / Gary Ramage

Domestic violence victims will no longer be able to tap into their superannuation early, amid concern that too many women have drained their retirement savings.

Declaring that “all Australians have the right to be safe’’, Treasurer Josh Frydenberg said one in four Australian women suffers violence from a current or former partner.

“This must stop,’’ he said in his budget speech.

“We must do more to end all forms of violence against women and children.’’

Mr Frydenberg also said domestic violence services will do more to target Indigenous, migrant and refugee women, and women living with a disability.

“We will improve the family law system to better protect children, give victims of domestic violence greater access to justice and reduce time spent in court,’’ he said.

The spending on women’s safety – prompted by the brutal deaths of young mothers Kelly Wilkinson and Hannah Clarke, along with her three children – includes $261 million for the states and territories to boost frontline domestic violence services over the next two years.

The Safe Places emergency accommodation program will also be expanded, with $12.6 million in extra funding to support women and children experiencing family and domestic violence.

And $35 million will be spent on advertising campaigns, including the award-winning Stop It At The Start Campaign, to prevent domestic violence.

The budget provides $146 million over four years to prevent, detect and disrupt child sexual abuse and prosecute paedophiles.

The federal government will set up a new Aboriginal and Torres Strait Islander Advisory Council amid evidence that Indigenous women are 35 times more likely than other Australian women to be hospitalised from domestic violence.

An extra $26 million will be spent on family violence prevention legal services for Aboriginal and Torres Strait Islander women.

The Australian Bureau of Statistics will spend $32 million on a personal safety survey to measure the extent of domestic and sexual violence suffered by Indigenous women and girls.

Migrant women on temporary visas, who cannot access social services or welfare payments, will be given up to $3000 through the Australian Red Cross to help them pay for food, housing, utilities and medical care.

Attorney-General Michaelia Cash said $129 million would be given to women’s legal centres to help women suffering domestic violence.

And $100 million would be spent to set up an extra 20 Children’s Contact Services to “reduce safety risks’’ during child custody handovers, which often happen at shopping centres or McDonalds.

High-tech abuse – including the use of social media or phones to stalk or harass victims, or “revenge porn’’ to blackmail victims – will be tackled through new software to boost the eSafety Commissioner’s investigative powers.

And $5 million will be spent to support men at risk of using violence, including funding for a No to Violence program and Men’s Line.

Mission Australia CEO James Toomey said, “With domestic and family violence continuing to be one of the key drivers of homelessness in Australia for women and their children, there still remains an urgent need for investment in more permanent housing options for victim-survivors and their children so that they’re not pushed into homelessness when escaping violent situations.

“Now more than ever, further investment in community services is also very much needed so the necessary and essential wrap-around, holistic supports are immediately available and accessible for people escaping domestic and family violence,” Mr Toomey said.

Originally published as Federal Budget 2021: $1.1b for domestic violence, Family Court to appoint more judges