ACT government agrees to respond to 'scathing' family violence review

ACT Opposition Leader Elizabeth Lee called on the government to formally respond to the review from Australian National University researchers, which said the act, developed in 2016, was "not operating as intended".

As well, Ms Lee's motion, delivered to the Assembly on Tuesday, condemned the government for delaying the release of the review, which was first given to the government last March.

"[I] want to make sure they explain to the Canberra public why it is that they sat on this report that raises valid and very serious concerns about problems with aspects of the family violence system," she said.

The Family Violence Act was reformed in 2016, following the murder of Tara Costigan in 2015.

The review, commissioned by the government, highlighted a number of concerns, including problems in applying family violence orders, gaps in legislation that "can facilitate the persistence of abuse" and limitations in the current definition of family violence.

"The majority of practitioners also did not believe that the act better protects family violence victims than its predecessor," the report said.

Attorney-General Shane Rattenbury defended the government's response. He said the government had commissioned the review to make sure the legislation was having the desired effect.

"This was not a review that was required by statute or from a motion that came from this place," he said.

"The government initiated this review to make sure that we were keeping on top of where this legislation was up to and whether it was having the desired effect."

Mr Rattenbury said the government would act on the review's findings.

"The review report finds that not all aspects of the act may be operating in practice as intended, that is not a finding from which the government or myself will be shirking," she said

The review was delivered to the Justice and Community Safety Directorate in March 2020 but its public release was delayed as the government had "a number of concerns with the report", a ministerial brief provided to the Attorney-General says.

It was quietly released last month following a freedom of information request.

But Mr Rattenbury said the report provided last March was only a draft report and the final report was only delivered to the directorate in December.

"It is not uncommon for draft reports to be received by government agencies and for clarifications to be sought for some areas contested," he said.

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Ms Lee rejected the claim.

"The Attorney-General can reject whatever assertion that he likes but the facts don't lie," she said.

"The fact is that this report was handed to the government in March last year ... it wasn't published until March this year.

"It doesn't matter who commissioned it, why and when.

"The fact is that this government had access to a scathing review into the family violence act... the very piece of legislation that experts law, legal profession, the frontline workers and victims have been saying is not working."

Mr Rattenbury agreed to a review of the act but the part condemning the government about the delay of the review did not pass the Assembly.

However, he did say the government was not obliged to respond.

"The government is happy to table a response to the review this year. This is unusual, as this was a report commissioned by government to itself however there is evidently strong community and parliamentary interest," he said.

"And so the government is happy to offer open and honest updates on where we're at with those recommendations on the public record."

The government will deliver its response to the report by September.

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