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‘Our current system has serious flaws’ regarding women’s safety'

Following the National Summit on Women’s Safety, held last week, further reform is needed to protect victims, according to the Law Council of Australia.

user iconLauren Croft 17 September 2021 Big Law
Dr Jacoba Brasch QC
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The Australian justice system needs work in order to prevent family, domestic and sexual violence, said the legal body.

As part of the annual summit, topics including financial security, policing and justice responses, sexual violence and challenges facing diverse members of the Australian community were discussed in the two-day program. The summit also included keynote addresses, panel discussions and presentations in addition to a series of roundtables that will help form the consultation for the next National Plan to end violence against women and their children.

Law Council of Australia president, Dr Jacoba Brasch QC, said that family, domestic and sexual violence is preventable – and must be tackled.

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“Lawyers working on all sides of family, criminal and other parts of the law in Australia have personally seen and been affected by the impact and aftermath of our national family, domestic and sexual violence crisis. The faces and stories of the women, men and children who have been subjected to violence will never leave us.

“A priority for the Law Council as the national representative of the legal profession is to advocate for a justice system which provides protection to victims without fear or favour. Unfortunately, our current system has serious flaws,” she said.

“Every link in the justice system chain, from police, to lawyers, to judges, must be trained in recognising and responding to the signs of family violence. At the moment, around nine in 10 women who experience sexual assault never contact police. Our system deters access to justice rather than encouraging it.”

The summit also recognised the importance of cultural competence training for First Nations people – and Dr Brasch added that First Nations women need their own National Action Plan to further protect victims.

“There must be acceptance though that a one-size [fits all] approach does not fit all. During the Summit, we heard the repeated call from First Nations women that they want to be at the centre of what is planned,” she said.

“Across Australia, our legal system must provide consistent responses to family, domestic and sexual violence and support victim-focused outcomes. At the moment, not even something as basic as definitions, such as the definition of family violence, align.

“The Law Council of Australia looks forward to working with the Commonwealth to develop a national approach to justice for victims and survivors of family violence, sexual assault, harassment and coercive control and we welcome the opportunity to contribute further to the National Plan to Reduce Violence against Women and their Children.”

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