Country Australia
Year 2009
Type of Measure Monitoring and Evaluation > Laws
Form of Violence Violence against women and girls

Brief Description

The Australian Government Solicitor (AGS) presented this Report in response to a request from the Department of Families, Housing, Community Services and Indigenous Affairs (the Department) for a comparative analysis of the laws relating specifically to domestic violence in Australia and New Zealand. The aim of the Report was to assist the National Council to Reduce Violence against Women and their Children in the development of its Time for Action report (2009). The report provides:

  • an overview of all State and Territory and New Zealand domestic violence- specific laws providing for the making of protection orders;
  • a comparative analysis of what behaviours constitute domestic violence for the purposes of those laws, and what relationship must exist between the persons concerned in order for the legislation to apply;
  • a comparative analysis of the laws of each of the examined jurisdictions for the registration and enforcement of domestic violence protection orders made in other jurisdictions (‘portability’ of orders);
  • a comparative analysis of the laws of the examined jurisdictions in relation to orders which operate to exclude a perpetrator of domestic violence from that person’s home (where the perpetrator and the victim would normally cohabit);
  • a comparative analysis of the laws of the examined jurisdictions providing for counselling (both mandatory and voluntary) for perpetrators of domestic violence;
  • an overview of the laws of the examined jurisdictions that make stalking an offence;
  • an overview of the provisions in the Family Law Act 1975 (Cth) that have particular significance in relation to domestic violence; and
  • an analysis of areas where there is overlap and potential for conflict between orders or injunctions made under the Family Law Act 1975 (Cth) and orders made under the State and Territory domestic violence protection orders legislation.

Full Text

Domestic Violence Laws (Comparative Analysis)

Source of Information

Joint Press Release of the Australian Attorney General and Minister for the Status of Women, 22 September 2009