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Intervention orders no protection for NESB victims
26 November 2004
Victims of family violence who are not born in Australia rarely use the legal system that is supposed to protect them, Victorian Law Reform Commissioner Judith Peirce said today.
Ms Peirce was launching a Commission consultation paper that explores the problems with the intervention order system and proposes possible improvements. The paper is part of the first complete review of the intervention order system, which has operated in Victoria for the past 17 years.
“When the review was set up, the Attorney-General asked the Commission to consider any special disadvantage faced by people from culturally and linguistically diverse communities.
“One of the most basic problems is that some people do not know that family violence is a crime in Australia or they come from cultures where such violence is tolerated.
“Even when they do understand that what is happening to them is a crime, some put up with it for fear of being ostracised by their community or they feel it is their duty to stay with the family.
“When they do know where to go for help they find themselves unable to find enough information in their language or lawyers and support workers who understand their cultural background. This is even more of a problem for people living in rural and regional areas.
“Fear of deportation can be a significant barrier for people who are on visas. We heard that violent partners threaten to have them deported if they report the violence. When they do go through with an intervention order application, some magistrates think they are just doing it to satisfy the Migration Regulations to remain in the country, rather than because they genuinely need protection.
“Finally, a lack of impartial, qualified interpreters can derail an application. We heard that sometimes interpreters were not accredited, breach client confidentiality, inappropriately advise applicants to return to the family home and interpret for both parties.
“In our consultation paper we’ve detailed all the areas where problems occur, and ask people how the system could be improved.
“We need to think about how the justice system overall can best protect people from family violence.”
For more information see the Family Violence Consultation Paper Fact Sheets.