Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

The government opposes this amendment and the Greens amendment as well. I direct senators’ attention to government amendment (1), which will add a note to the definition of family violence. The note that we will be attaching reads:

A person reasonably fears for, or reasonably is apprehensive about, his or her personal wellbeing or safety in particular circumstances if a reasonable person in those circumstances would fear for, or be apprehensive about, his or her personal wellbeing or safety.

That is a clarification, if you like, of the definition of family violence. The government is very clear that there should be an element of reasonableness in the situation. This change has been implemented in response to a recommendation of the report of the House of Representatives Standing Committee on Legal and Constitutional Affairs on the exposure draft of the bill and was the subject of significant consultation by the Attorney-General’s Department.

The government amendment that I have foreshadowed makes the situation even clearer and substantially implements recommendation 5 of the majority report of the Senate Legal and Constitutional Affairs Legislation Committee. This will ensure that, where there is a history of violence, it is intended that this be taken into account in determining what is a reasonable fear or apprehension. To rule it as being completely without accommodation of unique circumstances which might attach to a particular case is unfounded, because we are asking what is reasonable in the particular circumstances of the person. Is it correct to say, if a person is being unreasonable, you accept their version? If a person is being unreasonable about fear of violence, which they may well have overstated, should the definition attach? We do not believe so. We believe there should be this aspect of reasonableness, which was supported by both the House of Representatives committee and the Senate committee.

The family violence strategy announced on 26 February 2006 will support changes to the law by focusing on ways to improve the processes by which allegations of violence raised in family law proceedings are handled so that they are dealt with quickly, fairly and properly. I believe that demonstrates further the government’s commitment to dealing with the question of family violence. I would certainly reject any claims that this government have not been mindful of the issue of family violence, which has been of increasing concern in Australia in recent times. For those reasons, the government are opposed to both Democrats amendment (3) and Greens amendment (2). We believe that our note in government amendment (1) will clarify things even further.