Details of the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No.1) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 1) Regulations 2019.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations.

 

Schedule 1 - Amendments

 

Item 1 - Part 4 of Schedule 1AB (table item 114, column headed "Objective(s)")

Item 2 - Part 4 of Schedule 1AB (table item 114, column headed "Objective(s)", paragraph (b) (first occurring))

Item 3 - Part 4 of Schedule 1AB (table item 114, column headed "Objective(s)", paragraph (b) (second occurring))

 

Items 1 to 3 amend existing table item 114 in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997. 

 

Table item 114 provides legislative authority for government spending on specialist Domestic Violence Units (DVUs) and Health Justice Partnerships (HJPs) to provide innovative wrap-around support in domestic violence hot spots.

 

The DVUs provide legal assistance and other forms of support to women and children experiencing domestic violence. The HJPs involve legal assistance providers partnering with hospitals or health centres to deliver onsite legal assistance to women and children; and train health care professionals to identify and respond to domestic and family violence. The DVUs and HJPs are delivered by already established providers of legal assistance services, namely legal aid commissions and community legal centres.

 

 

On 20 November 2018, the Minister for Women, the Hon Kelly O'Dwyer MP, announced the Women's Economic Security Package (the Package). The Package includes funding of $31.8 million from 2019-20 for DVUs and HJPs to expand their innovative wrap-around legal and social support services for women experiencing domestic violence to also provide financial support services, including financial advice, counselling and literacy services.

 

The amendment of table item 114 of Schedule 1AB establishes legislative authority for additional government funding for the DVUs and HJPs to provide financial support services to women to complement the legal assistance and social support services that they already deliver.

 

Victims' legal and financial issues are intertwined, and most victims cannot fully recover economically from family violence without effective support to resolve these related issues. Domestic violence both contributes to, and is compounded by, women's economic insecurity. In order to escape further violence, women frequently accept an unfair division of property when separating from a violent partner. Economic insecurity helps facilitate family violence by preventing women from leaving abusive partners safely. Women suffering from family violence either face significant costs in leaving family violence situations safely, or would benefit significantly from financial counselling or enhanced financial literacy to remove barriers to improved circumstances and lives, and establish them on more economic and financially stable trajectories.

 

Women suffering family violence are not confined to the lowest socio-economic stratum. Most women who seek support from family violence services have experienced economic abuse, and economic abuse is the main reason women remain in, or return to, violent relationships. Preventing the escalation of financial problems related to family violence is crucial for women's economic recovery and security.

 

The Government is committed to improving women's economic security. From 1 July 2019, the Package will provide ongoing funding for existing Commonwealth-funded specialist DVUs and HJPs to deliver innovative wrap-around legal and social support services, including financial support services, to women experiencing domestic violence. The DVUs and HJPs are currently funded by the Government to deliver a range of legal assistance and other support services to vulnerable and at-risk women, including legal advice, legal representation, duty lawyer services, case management, accommodation assistance, safety planning, counselling and other practical assistance.

 

Funding under the Package will also allow the DVUs and HJPs to expand their services to include integrated financial support services, such as financial advice, counselling and literacy services. They could implement this by either developing in-house capacity or partnering with local financial advice and counselling providers, including potentially with financial counselling and financial capability services. The specific type of financial support services will be negotiated with individual providers, based on client demographics and requirements.

 

Funding for the provision of financial support services by DVUs and HJPs builds on the Government's strong commitment to address and eliminate family violence, through providing greater options and services for women across the economic spectrum. It will assist in joining up existing services, increasing efficiency of service delivery and providing a greater range of options for women to solve family issues and improve their financial capability and economic independence, with consequent improved economic outcomes and life circumstances.

 

Funding of $31.8 million over three years from 2019-20 was included in the 2018-19 Mid-Year Economic and Fiscal Outlook under the Package measure for the DVUs and HJPs. Details are set out in the Mid-Year Economic and Fiscal Outlook 2018-19, Appendix A: Policy decisions taken since the 2018-19 Budget, at pages 215 to 216. The $31.8 million will fund the continuation of existing DVU and HJP services, as well as the addition of financial support services from 1 July 2019. Of this, $2 million per year will specifically be provided for financial support services and equates to approximately $100,000 in additional funding per year for each service location.

 

The funding provided to DVUs and HJPs will continue to be delivered under the Community Legal Services Programme (CLSP) administered by the Attorney-General's Department in accordance with the published guidelines for that programme.

 

The existing funding agreements between the Attorney-General's Department (on behalf of the Commonwealth) and the legal assistance providers funded to deliver the DVUs and HJPs will be varied to include the additional funding announced by the Australian Government as part of the Package for the provision of financial support services for women experiencing family violence. The existing funding agreements will also be extended by one year until 30 June 2020.

 

The allocation of additional funding for DVU and HJP providers to also deliver financial support services will be made by the Attorney-General, or an authorised delegate, in accordance with the Public Governance, Performance and Accountability Act 2013. This initiative will use the Programme Guidelines for the Community Legal Services Programme (CLSP guidelines) which were developed in accordance with the Commonwealth Grants Rules and Guidelines 2017. The guidelines, which include selection criteria and details of the decision-making processes for the programme, are available at: https://www.ag.gov.au/LegalSystem/Legalaidprogrammes/LegalServicesProgram/Pages/default.aspx.

 

As part of the Government's September 2015 Women's Safety Package, $15 million over three years was provided to pilot DVUs and HJPs in areas of high need across Australia. Consistent with the CLSP guidelines, a closed, non-competitive selection process was used to allocate funding to 13 legal assistance providers to pilot the DVUs and HJPs. The recipients of the funding were announced by the Attorney-General on 16 October 2015. Providers with a local presence and a proven track record in delivering services to women experiencing family or domestic violence were selected. The states and territories were consulted as part of the selection process.

 

As part of the 2017-18 Budget, the Government committed a further $3.4 million for six additional DVUs and one expanded DVU. Service providers were determined through a competitive grants process involving states and territories. The recipients of this funding were announced by the Attorney-General on 16 October 2017.

 

Funding for Women's Legal Services Queensland to establish a further DVU and HJP in Caboolture, Queensland was determined through a non-competitive process and announced by the Attorney-General on 3 October 2018.

 

The details of funding provided for the establishment and operation of the DVUs and HJPs were published on the Attorney-General's Department Grant Register (see www.ag.gov.au/About/Grants/Pages/default.aspx). The details of grants awarded since 31 December 2017 are published on GrantConnect, the Australian Government's grant information system (see www.grants.gov.au).

 

Existing entries on the Attorney-General's Department Grant Register and GrantConnect will be updated to reflect variations made to grant agreements in order to implement the Package measure.

 

The implementation of funding of $31.8 million for the DVUs and HJPs to continue to provide legal assistance, as well as financial support services to women experiencing domestic violence, will be executed through the variation of existing grant agreements between the DVU and HJP providers and the Attorney-General's Department. The variation of agreements will involve the allocation of a finite resource ($2 million) between all 21 DVU and HJP locations. Funding for the provision of financial support services will amount to approximately $100,000 per service per year.

 

Funding for the provision of financial support services will only be available to organisations currently funded by the Australian Government to deliver DVU and HJP services under existing grant agreements. Given the allocation of finite resources between a set number of recipients, funding variations will not be subject to merits review arrangements. This is because increasing the allocation of funding for one DVU or HJP would adversely affect other service providers.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's international obligations under treaties to which it is a party. Table item 114 fulfils in part Australia's treaty obligations under:

 

*         Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which requires States Parties to condemn discrimination against women in all its forms and to pursue policies of eliminating discrimination against women. Domestic violence, a form of violence which disproportionately affects females, is a form of discrimination against women. By providing legal and financial support services funded under the Package, the DVUs and HJPs will be working towards the goal of empowering women and improving their financial capacity and economic independence following the breakdown of a relationship.

 

*         Article 3 of the CEDAW, which requires States Parties to undertake appropriate measures, in particular in the political, social, economic and cultural fields, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. The Package is built on the three pillars of improving women's workforce participation, earning potential and economic independence. Funding provided under the Package will allow DVUs and HJPs to provide wrap-around support services to women experiencing domestic violence, assisting them to improve their legal, economic and societal circumstances.

 

*         Article 5 of the CEDAW, which states that States Parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. Part of the work which is undertaken by the Commonwealth-funded DVUs and HJPs involves the delivery of community legal education and training, including in the areas of family and domestic violence, with the aim of empowering women through knowledge.

 

*         Article 16 of the CEDAW, which requires States Parties to take appropriate measures to eliminate discrimination against women relating to marriage and relationships and with the aim of equality, ensure the same rights and responsibilities during marriage and at its dissolution for both spouses/partners in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property. Victims of domestic violence are three times more likely to receive a minority share of the assets of a relationship and women often accept an unfair division of property when separating from a violent partner in order to escape further violence. The DVUs and HJPs, through the provision of both legal and financial support services, will assist women to resolve complex legal and financial issues arising out of relationship breakdowns, to assist with women's economic recovery and security.

 

*         Article 4 of the Convention on the Rights of the Child (CROC), which requires States Parties to undertake all appropriate measures, including legislative and administrative measures, to put into place the protection of the rights of children recognised under the CROC, including the right to be protected from all forms of discrimination. Article 4 is complementary to Article 19 of the CROC, as by amending table item 114, the protections afforded by Article 19 can be implemented. 

 

*         Article 19 of the CROC, which requires States Parties to take all appropriate measures to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of a parent. Many of the women who leave violent relationships and seek assistance from the DVUs and HJPs flee with their children, who have also either witnessed or been exposed to violence in their homes. In order to keep both themselves and their children safe from further violence, women often require assistance with family law parenting and property resolution, and the management of cross-allegations of family violence and child protection issues. By providing these services, as well as financial support services, the DVUs and HJPs are assisting women and their children to permanently escape violent situations.

 

 

 

 

Item 4 - Part 4 of Schedule 1AB (table item 185, column headed "Objective(s)", subparagraph (a)(i))

 

Item 4 amends existing table item 185 in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.

 

Table item 185 establishes legislative authority for government spending on the Family Relationships Services Program (FRSP). The objective of the FRSP is to improve the wellbeing of Australian families, particularly families with children, who are at risk of separating, or who have separated. The FRSP consists of three subprograms that provide funding to underpin this objective: Family Law Services; Family Law Pathways Networks; and Family Law System Projects. 

 

On 20 November 2018, the Minister for Women, the Hon Kelly O'Dwyer MP, announced the Women's Economic Security Package (the Package). The Package includes funding of $13 million each year from 2019-20 to Family Relationship Centres (FRCs) across Australia to provide mediation services to families to help them reach agreements about splitting their property after separation.

 

The amendment of table item 185 of Schedule 1AB establishes legislative authority to extend the existing legislative authority for the Commonwealth to fund FRCs to deliver property mediation services.

 

The Government currently funds 65 established FRCs across Australia under the FRSP, to provide free and low cost mediation services to separated families to help them resolve matters and reach agreement about parenting arrangements for their children. The Government has not been providing funding to FRCs to provide mediation for property disputes. This means that many families are filing in court to have their post-separation property issues resolved, and this is adding to the backlog of cases and delays in the family law courts.

 

Funding under the Package will provide an additional $13 million per year ongoing to the FRCs to provide property mediation services. This means that families will be able to access affordable and timely assistance for property matters through an FRC, giving them greater control over the process which will help them achieve faster and more favourable and equitable property outcomes. FRCs will be able to provide referrals to legal and financial advice to help parties formalise their property agreement.

 

Each FRC will determine how it will deliver its expanded suite of services (to include property mediation). This may be through upskilling existing family dispute resolution practitioners, engaging additional financial support services, or employing additional mediators to conduct property mediation.

 

Funding of $39 million for FRCs (on an ongoing basis) was included in the 2018-19 Mid-Year Economic and Fiscal Outlook under the measure 'Women's Economic Security Package' commencing from 2019-20. Details are set out in the Mid-Year Economic and Fiscal Outlook 2018-19, Appendix A: Policy decisions taken since the 2018-19 Budget at pages 215 to 216.

 

A delegate of the Secretary of the Attorney-General's Department will oversee the policy and administrative arrangements to deliver the funding to FRCs under the FRSP.

 

While funding for the Family Law Services subprogram is appropriated to the FRSP, grant agreements for FRCs are administered on behalf of the Attorney-General's Department by the Department of Social Services (DSS), under the Families and Communities Program, Families and Children Activity. Spending for this subprogram will be consistent with the criteria published in program guidelines for the Families and Children Activity available at https://www.dss.gov.au/grants/grant-programmes/families-and-children.

 

Spending decisions are made by the Attorney-General or an appropriate delegate within the Attorney-General's Department consistent with the Financial Framework (Supplementary Powers) Act 1997.

 

The current grant agreements with FRCs are due to expire on 30 June 2019. A direct, non-competitive selection process is underway so that new grants will be in place with service providers from 1 July 2019. The new funding for FRCs to provide property mediation will be incorporated into the new grant agreements.

 

Once applications from FRCs have been assessed as part of the direct, non-competitive selection process, grant agreements will be executed between the successful applicants and DSS (who administer the grant agreements) before funds can be received and services provided from 1 July 2019. Grant payments will be linked to completion of project milestones. Funding recipients will be required to provide appropriate activity and financial reporting throughout the duration of the project.

 

Grant recipients will be published on GrantConnect, the Australian Government's grants information system, at https://www.grants.gov.au.

Decisions on awarding grants to FRCs through the direct non-competitive selection process will be made by the Attorney-General.  These decisions involve allocating a finite resource between 65 FRCs, and do not immediately affect any particular interests at an individual level. Therefore, these decisions are not suitable for merits review. However, these decisions may be reviewed by the Commonwealth Ombudsman, who may make recommendations, but cannot overturn decisions. The Attorney-General's Department through DSS, will provide feedback to grant applicants.

 

Further information about the FRSP is available on the Attorney-General's Department website at https://www.ag.gov.au/FamiliesAndMarriage/Families/FamilyRelationshipServices/Pages/default.aspx.

 

Further information about the Package is available on the Attorney-General's Department website at https://www.ag.gov.au/FamiliesAndMarriage/Families/Pages/supporting-women-to-recover-financially-after-separation.aspx.

 

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of table item 185 references the following powers of the Constitution:

*         the marriage power (section 51 (xxi))

*         the divorce and matrimonial causes power (section 51(xxii))

*         the external affairs power (section 51(xxix))

*         the referred powers (section 51(xxxvii))

*         the territories power (section 122).

 

Marriage power and divorce power

 

Section 51(xxi) of the Constitution empowers the Parliament to make laws with respect to marriage. Section 51(xxii) of the Constitution empowers the Parliament to make laws with respect to 'divorce and matrimonial causes; and in relation thereto, parental rights and the custody and guardianship of infants'. This program will provide funding to FRCs to provide family law property mediation to assist separated couples to resolve disputes about dividing their property following the breakdown of their marriage.

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'. The external affairs power supports legislation implementing Australia's international obligations under treaties to which it is a party. Table item 185 fulfils in part Australia's treaty obligations under:

 

*         Article 23 of the International Covenant on Civil and Political Rights which requires States Parties to take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. Funding FRCs under the Package to provide family law property mediation will assist to alleviate the negative financial impacts of the dissolution of relationships on families. Funding these services provides separating families assistance to exercise their right to claim property following separation and achieve equitable and timely family law property settlements.

 

*         Article 10(1) of the International Covenant on Economic, Social and Cultural Rights which requires recognition by State Parties that the widest possible protection and assistance should be accorded to the family as the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care of dependent children. Funding FRCs under the Package to provide family law property mediation will assist to alleviate the negative financial effects of relationship dissolution on separating families. These services will assist to resolve property disputes and achieve equitable and timely family law property settlements, supporting certainty around the division of relationship property, including the family home, which is especially important for children in the care of the separated parent/s.

 

*         Article 19 of the CROC which requires States Parties to take all appropriate measures to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of a parent. Many of the women who leave violent relationships and seek assistance from FRCs flee with their children, who have also either witnessed or been exposed to violence in their homes. In order to keep both themselves and their children safe from further violence, women often require assistance in resolving the split of property. The provision of family law property mediation by FRCs as funded by the Package, will assist women and their children to achieve economic independence and permanently escape violent situations.

 

*         Article 2 of the CEDAW, which requires States Parties to condemn discrimination against women in all its forms and to pursue policies of eliminating discrimination against women. Family violence, a form of violence which disproportionately affects females, is a form of discrimination against women. Funding through the Package for family law property mediation at FRCs will help ensure women achieve favourable and equitable outcomes in terms of the splitting of property, leading to greater economic independence following the breakdown of a relationship.

 

*         Article 16 of the CEDAW, which requires States Parties to take appropriate measures to eliminate discrimination against women relating to marriage and relationships and with the aim of equality, ensure the same rights and responsibilities during marriage and at its dissolution for both spouses/partners in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property. Victims of domestic violence are three times more likely to receive a minority share of the assets of a relationship and women often accept an unfair division of property when separating from a violent partner in order to escape further violence. To address this inequality, the funding through the Package will enable the FRCs to provide safe, affordable and timely family law property mediation to support women to resolve disputes about property splits following relationship breakdown. This will assist women's economic recovery and security.

Referred powers

 

Section 51(xxxvii) of the Constitution empowers the Parliament to make laws with respect to 'matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States'. A number of States have referred particular legislative powers relating to de facto relationships and children to the Commonwealth. The referred powers relevantly relate to financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships. The program will provide funding for FRCs to provide family law property mediation to assist separated couples to resolve disputes about dividing their property following the breakdown of their marriage or de facto relationship.

 

Territories power

 

Section 122 of the Constitution empowers the Parliament to 'make laws for the government of any territory'. The program will include funding for FRCs in the Australian Capital Territory and Northern Territory to provide family law property mediation.

 

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Financial Framework (Supplementary Powers) Amendment (Attorney-General's Portfolio Measures No. 1) Regulations 2019

 

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations.

 

Schedule 1AB of the Regulations specifies arrangements, grants and programs under which public money may become payable by the Commonwealth.

 

Table item 114 describes funding for innovative wrap-around support in domestic violence hotspots, supporting the provision of legal assistance and other forms of support to women and children experiencing domestic violence. It does this by providing funding for specialist Domestic Violence Units (DVUs) and Health Justice Partnerships (HJPs) across Australia.

 

DVUs provide legal assistance and other forms of support to women and children experiencing domestic violence. HJPs involve legal assistance providers partnering with hospitals or health centres to deliver onsite legal assistance to women and children; and train health care professionals to identify and respond to domestic and family violence. The DVUs and HJPs are delivered by already established providers of legal assistance services, namely legal aid commissions and community legal centres.

 

The amendment of table item 114 in Part 4 of Schedule 1AB to the FF(SP) Regulations will allow the DVUs and HJPs to expand their services to include the provision of financial support services, such as financial advice, counselling and literacy services to women in need.

 

The Attorney-General has portfolio responsibility for this program. 

 

Table item 185 establishes legislative authority for government spending on the Family Relationships Services Program (FRSP). This spending activity is administered by the Department of Social Services on behalf of the Attorney-General's Department.

 

The objective of the FRSP is to improve the wellbeing of Australian families, particularly those with children, who are at risk of separating or who have separated.

 

Under the FRSP, the Commonwealth currently funds 65 established Family Relationship Centres (FRCs) across Australia, to provide free and low cost mediation services to separated families to help them resolve matters and reach agreement about parenting arrangements for their children. The Commonwealth has not been providing funding to FRCs to provide mediation for property disputes. This means that many families are filing in court to have their post-separation property issues resolved, and this is adding to the backlog of cases and delays in the family law courts.

 

The amendment of table item 185 of the FF(SP) Regulations is to extend the existing legislative authority for the Commonwealth to fund FRCs to deliver property mediation services.

 

The Attorney-General has portfolio responsibility for this program. 

 

Human rights implications

 

Table item 114 engages/promotes the following rights or freedoms:

 

*         Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) - the elimination of discrimination against women. Domestic violence, a form of violence which disproportionately affects females, is a form of discrimination against women. By providing funding for legal and financial support services through DVUs and HJPs, the amendment supports the goal of empowering women and improving their financial capacity and economic independence following the breakdown of a relationship.

 

*         Article 3 of the CEDAW - the full development and advancement of women. Through the amendment, the expanded funding provided to the DVUs and HJPs for financial support services will improve women's workforce participation, earning potential and economic independence, assisting them to improve their legal, economic and societal circumstances.

 

*         Article 16 of the CEDAW - the elimination of discrimination against women relating to marriage and relationships and the aim of the achievement of equality. The amendment supports this goal, by helping women exercise the same rights and responsibilities during marriage and at its dissolution as men with respect to the ownership, acquisition, management, administration, enjoyment and disposition of property. Victims of domestic violence often accept an unfair division of property when separating from a violent partner in order to escape further violence. The amendment supports spending that will assist women to resolve complex legal and financial issues arising out of relationship breakdowns, improving their economic recovery and security.

 

*         Article 3 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) - the equal right of men and women to enjoy all economic, social and cultural rights. The amendment promotes equality for women, by providing financial support services to women to improve their financial capacity and economic independence following the breakdown of a relationship.

 

*         Article 11 of the ICESCR - the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The amendment will allow for the provision of financial support services and emergency accommodation for women fleeing domestic violence, as they could otherwise be left homeless or without basic amenities.

 

*         Article 19 of the Convention on the Rights of the Child (CROC) - the protection of children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of a parent. Many of the women who leave violent relationships and seek assistance from the DVUs and HJPs flee with their children, who have also either witnessed or been exposed to violence in their homes. The amendment allows for the funding of legal and financial support services, which assist women and their children to permanently escape violent situations.

 

*         Article 39 of the CROC - the promotion of the physical and psychological recovery and social reintegration of children who are victims of any form of neglect, exploitation, or abuse. The amendment will provide funding to DVUs and HJPs to provide support services referrals, such as trauma counselling for children, to assist with their recovery where they have been victims of, or exposed to, domestic violence. The expansion of the services provided by DVUs and HJPs through this amendment will also allow for the provision of financial support services, which will assist women and children fleeing domestic violence to accelerate their economic independence and reintegration into society.  

 

Table item 185 engages/promotes the following rights or freedoms:

 

*         Article 2 of the CEDAW - the elimination of discrimination against women. Family violence, a form of violence which disproportionately affects females, is a form of discrimination against women. By providing funding for family law property mediation at FRCs, it will help ensure women achieve favourable and equitable outcomes in terms of the splitting of property, leading to greater economic independence following the breakdown of a relationship.

 

*         Article 16 of the CEDAW - the elimination of discrimination against women relating to marriage and relationships and with the aim of equality, ensure the same rights and responsibilities during marriage and at its dissolution for both spouses/partners in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property. Victims of domestic violence are three times more likely to receive a minority share of the assets of a relationship and women often accept an unfair division of property when separating from a violent partner in order to escape further violence. To address this inequality, the funding will enable the FRCs to provide safe, affordable and timely family law property mediation to support women to resolve disputes about property splits following relationship breakdown. This will assist women's economic recovery and security.

 

*         Article 10(1) of the ICESCR - the right to protection and assistance for the family. By providing funding to FRCs to provide family law property mediation, it will assist to alleviate the negative financial effects of relationship dissolution on separating families. These services will assist to resolve property disputes and achieve equitable and timely family law property settlements, supporting certainty around the division of relationship property, including the family home, which is especially important for children in the care of the separated parent/s.

 

*         Article 19 of the CROC - the protection of children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of a parent. Many of the women who leave violent relationships and seek assistance from FRCs flee with their children, who have also either witnessed or been exposed to violence in their homes. In order to keep both themselves and their children safe from further violence, women often require assistance in resolving the split of property. By funding the FRCs to provide family law property mediation, it will assist women and their children to achieve economic independence and permanently escape violent situations.

 

*         Article 23 of the International Covenant on Civil and Political Rights (ICCPR) - the protection of family and the right of equality of spouses as to marriage, during marriage and at its dissolution. By providing funding to FRCs to provide family law property mediation, it will assist to alleviate the negative financial impacts of the dissolution of relationships on families. Funding these services provides separating families assistance to exercise their right to claim property following separation and achieve equitable and timely family law property settlements.

 

Conclusion

 

This legislative instrument engages and promotes human rights. It is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance and the Public Service