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Family violence laws fail victims from non-English speaking backgrounds
1 March 2006
Victoria needs new legislation and a new approach to better protect victims of family violence, especially immigrants, Indigenous Australians, and people with disabilities the state’s Law Reform Commission said today.
“We have released a report today that makes 153 recommendations to better protect victims of family violence by introducing a new Act, improving police and court processes, and updating education and training,” Law Reform Commissioner Judith Peirce said.
“Women from non-English speaking backgrounds face particular barriers to using the intervention order system, especially newly arrived immigrants.
“These people may not understand the Australian legal system and may not have access to translated information. We have recommended an increase in funding to community organisations to help people from diverse backgrounds and more information about intervention orders to be translated into different community languages.
“Some immigrants associate police and the courts with torture and corruption, and so are reluctant to contact them when they are in danger. Other recently arrived women may not want to contact police because they are nervous about their residency status.
“The recently updated Police Code of Practice addresses these issues and we’ve recommended that police, court staff and magistrates receive cultural awareness training and training about the barriers faced by people from non-English speaking backgrounds.
“But probably the biggest problem they encounter is a lack of information about accessing the intervention order system.
“We have asked the Magistrates’ Court to ensure there are two interpreters if both sides need them, that if only one interpreter can be found the court ensures that person’s independence, and that all interpreters swear an oath to interpret accurately. We’ve also asked the government to review the current system for training and providing interpreters.
“Any review of the system needs to provide ways to increase rural Victorians’ access to interpreters and information,” Ms Peirce said.