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Definition of family and domestic violence
Relationship to Defining the data challenge for family, domestic and sexual violence (cat. no. 4529.0)
Family and domestic violence related content (data items collected)
Scope / Target population
Data availability / Dissemination
Other directory data sources held by this agency
EVALUATION OF THE 2006 FAMILY LAW REFORMS LEGISLATION AND COURTS PROJECT, AUSTRALIA (2013 provider updates not received)
 May be subject to release conditions
|Collection type||Geographic coverage||Frequency||Data availability |
- New South Wales
- Western Australia
- Detailed publication/report publicly available
|The primary purpose of this data collection was to assess the extent to which the change in family law legislation affected court orders relating to parental responsibility and children’s time between parents after parental separation. Within this context, information was collected as part of this study to determine how matters involving concerns about family violence and child abuse are dealt with by the courts. |
DEFINITION OF FAMILY AND DOMESTIC VIOLENCE
|This component obtained and analysed information contained in court files to inform the evaluation’s analysis of broader trends in the use of court services in the context of the 2006 reforms. |
RELATIONSHIP TO DEFINING THE DATA CHALLENGE FOR FAMILY, DOMESTIC AND SEXUAL VIOLENCE (cat. no. 4529.0)
|Family and domestic violence is defined operationally in this collection using information contained in court files of whether violence or abuse is listed as a factual issue of a reason for unequal parenting responsibilities. |
Legislation and screening tools used pre and post-reform form the basis on which family and domestic violence is defined for consideration by courts. Post-reform, family violence is defined by the Family Law Act, 1975 as:
“conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family reasonably to fear for, or reasonably to be apprehensive about, his or her personal well-being or safety.
A person reasonably fears for, or reasonably is apprehensive about, his or her personal well-being or safety in particular circumstances if a reasonable person in those circumstances would fear for, or be apprehensive about, his or her personal well-being or safety. “
The Screening and Assessment Guidelines refer to the Partnerships Against Domestic Violence (1997) definition, which is:
“an abuse of power perpetrated mainly (but not only) by men against women both in a relationship and after separation. It occurs when one partner attempts to physically or psychologically dominate or control the other. Domestic violence takes a number of forms. The most commonly acknowledged forms are physical and sexual violence, threats and intimidation, emotional and social abuse and economic deprivation.” (AGD 2006, p. 27)
Pre-reform allegations were not collected.
Aspects of family and domestic violence captured by the data are:
- physical abuse;
- sexual abuse;
- psychological /emotional abuse;
- verbal abuse; and
- child abuse and neglect.
The summary table below is designed to indicate the amount of information available for each of the six elements outlined in Defining the Data Challenge for Family, Domestic and Sexual Violence, 2013
(cat. no. 4529.0).This is a subjective assessment made by the ABS about the data collected and is not an indication of data quality.
FAMILY AND DOMESTIC VIOLENCE RELATED CONTENT (data items collected)
The following tables provide a detailed analysis of the availability of specified data elements in the data source. The data items have been grouped into four counting units:
3. Incident/Event; and
Tables are absent from the entry in cases where the data source contains no data items which relate to the particular counting unit/s.
This data source does not contain any data items relevant to this counting unit.
 Respondent may or may not have experienced family and domestic violence. Victim or perpetrator is implied by analysis of the care arrangements information only. Incident/event
 Separating couples.
Post reform files only- recorded where the court file contained a claim relating to the impact of substance abuse on the capacity to parent.
 Post reform files only. Transaction
 Post reform files only - information relating to State Protection Orders (including Violence Orders).
 information on parenting disputes lodged in the Family Court of Australia, Federal Magistrates Court and the Family Court of Western Australia.
|Information was collected from a sample of 1,724 court files involving parenting disputes lodged in the Family Court of Australia (FCoA), Federal Magistrates Court (FMC) and the Family Court of Western Australia (FCoWA). Information was collected from a sample of 739 court files lodged and finalised prior to July 2006 (the pre-reform sample) and 985 court files lodged and finalised after July 2006 (the post-reform sample).|
|Separating couples with parenting disputes lodged in the FCoA, FMC and the FCoWA before and after the introduction of the 2006 Family Law Reforms.|
DATA AVAILABILITY / DISSEMINATION
|Post-reform files were sampled from the Melbourne, Sydney and Brisbane registries of the FCoA and FMC along with court files from the FCoWA. Pre-reform files were sampled from the Melbourne registry of the FCoA and FMC along with a sample of files from the FCoWA.|
Evaluation of the 2006 Family Law Reforms
|Data are reported in the report Evaluation of the 2006 Family Law Reforms. No further data are available. |
Break in series:
OTHER DIRECTORY DATA SOURCES HELD BY THIS AGENCY
Australian Temperament Project (ATP)
Longitudinal Study of Australian Children (LSAC)
Longitudinal Study of Separated Families (LSSF)
Survey of Family Relationship Service Clients, 2009