Enhancing protection for children who turn 18 while on a family violence protection order
Media Release:
The Victorian Law Reform Commission has recommended changes to the law to address concerns about some young people losing the protection of a family violence intervention order (FVIO) when they turn 18.
The VLRC report, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order, was tabled in Parliament today.
The idea for this community law reform project came from young victim-survivors of family violence who raised concerns about the difficulties they faced when their orders expired at 18, and how they felt silenced in this decision-making process.
The law is silent about whether a FVIO can be made to last beyond a person’s 18th birthday.
The Commission heard the lack of clarity, and the inconsistent way the law is being applied, is creating confusion for victim-survivors, lawyers, and police, leaving some young people feeling unsafe, at risk and in distress.
The report highlights how some young people are being left without safeguards at a time when they still need them, with some young people being unaware that orders may lapse when they turn 18.
The Commission has called for simple reforms to the Family Violence Protection Act to make it clear a FVIO can endure past a person’s 18th birthday. The report recommends changes to require magistrates to consider the impact of the duration of FVIOs on children and young people, and to consider 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.
VLRC Chair, the Hon. Anthony North KC said the recommendations focused on enhancing clarity and certainty in judicial decision-making, maximising young victim-survivors’ safety and minimising trauma.
“The current situation with some young people ‘ageing out’ of the protection of family violence intervention order system is causing confusion and trauma for young people and their families,” Mr North said.
“We know that 18 is not a magic number. The risks faced by young people are not suddenly reduced, and their capacity to navigate the family violence system does not increase simply because they turn 18.”
The report highlights how young people who find themselves “ageing out” of a FVIO because they turn 18 must then navigate the FVIO system to seek a new order if they want ongoing protection. This often occurs at a time when they are dealing with personal challenges like finishing school, entering the workforce and finding housing.
Mr North said the reforms recommended in the report were simple and uncontroversial.
“These reforms will improve the family violence system so that it is more responsive to the needs and wishes of young people facing exceptionally difficult circumstances
“Our recommendations are consistent with the broader purposes of the Family Violence Protection Act to provide an effective and accessible system of FVIOs, to maximise the safety of children and adults and prevent and reduce family violence to the greatest extent possible,” he said.
Read the report online or download it here.
Stage 2 of the project will examine children’s participation in the FVIO system.
For more information or an interview with the Hon. Anthony North KC please contact:
Victoria Kyriakopoulos, Communications & Publications Manager
Tel: (03) 8608 7824 | Mob: 0408 518 681 Email: Victoria.Kyriakopoulos@lawreform.vic.gov.au
 |