Legal aid appeal for domestic violence collaboration nationally

Australia’s legal aid services are calling on the Albanese government to introduce a mandatory domestic violence risk scheme to curb the national crisis facing women and children.

National Legal Aid executive director Katherine McKernan has suggested state, federal and territory authorities share information on domestic violence risk factors.

Australia’s legal aid services are calling on the Albanese government to introduce a mandatory domestic violence risk scheme to curb the national crisis facing women and children.

The scheme would see states and territories share information such as family court orders, family violence orders and other information regarding domestic violence risk factors, including child protection.

The joint appeal by National Legal Aid and Women’s Legal Services Australia proposed seven key reforms, with the hope that information sharing would keep potential offenders visible within government services.

It comes ahead of Friday’s Standing Council of Attorneys-General.

Attorney-General Mark Dreyfus will meet with his state and territory counterparts on Friday for the Standing Council of Attorneys-General. Picture: NewsWire / Martin Ollman

Independent MP Zoe Daniel. Picture: NewsWire / Martin Ollman

“What we’re really hoping to see (at the Standing Council) is a commitment to progressing some top priorities in this space,” she said.

“(They need) to really make sure that not only are the states and territories doing all that they can in terms of addressing domestic and family violence, but also that there’s some collaboration.”

The NLA and WLSA also recommended mandatory domestic and family violence training for legal professionals. “In the states and territories, (governments) have responsibility around intervention orders and the criminal law system.

“They are really making sure that victim-survivors are safe,” Ms McKernan said.

“Then the commonwealth has responsibility for family law, and that’s a really critical part of supporting victim-survivors to remain safe, and to move on with their lives.”

Currently NLA is able to grant 32,000 applications for representation a year, which leaves only 8 per cent of Australian households on the lowest incomes eligible. It is lobbying to fund another 16,000 grants.

“What happens for victim- survivors who aren’t eligible, unfortunately, is that they either go into financial debt to fund the legal representation that they need … or they may choose to stay in a relationship simply because it’s so difficult to navigate the system,” Ms McKernan said.

The rise in grant offerings would require $484m in funding.

“The national plan to end violence against women and children has all the key components of what’s needed,” Ms McKernan said. “Where the effort is being focused in general is really good.

“I think the critical point is the investment.

“The complexity of people’s lives and the legal problems that they’re facing has increased.”

The National Legal Assistance Partnership report released its findings in May. It contained 39 recommendations and identified widespread funding and staffing gaps nationwide.

“There’s been over a decade of under-resourcing, and there’s significant investment that’s needed to actually even meet current demand,” Ms McKernan said.