In Stage 1 of this two-stage project, the Commission considered whether reforms are needed to the Family Violence Protection Act 2008 to ensure that children continue to have the protection of a family violence intervention order when they turn 18.
The Stage 1 report was tabled in Parliament on 12 November 2025.
The law is currently silent about whether the protection of a FVIO may continue after a child turns 18. The Commission was told that this is leading to inconsistent outcomes for children and young people when duration of orders is decided, which is causing confusion and trauma for young people and their families.
This report recommends simple legislative changes to make it clear that a FVIO can continue beyond a person’s 18th birthday and to require magistrates to consider the impact of the duration of an order on a young person, and their views where appropriate.
It also recommends that guidance is developed to support magistrates in making decisions about the duration of orders for children and young people.
Stage 2 of this project will examine how children and young people participate in FVIO proceedings as applicants, affected family members, and protected people.
