The Family Law Act 1975 (Cth) will be amended to prohibit convicted, charged and alleged perpetrators of domestic and family violence from directly cross-examining their victims during court proceedings in family law matters, including child custody and property settlements. The amendments are now before the Senate and pending the second reading.
The impact of this legislative change is significant as it aims to protect victims from re-traumatisation which often affects the ability of victims to give clear evidence in legal proceedings.
- Senate Legal and Constitutional Affairs Legislation Committee report into proposed changes
- Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018
- Exposure draft – Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017