The Importance Of An Apprehended Domestic Violence Order

1548 Words 6 Pages
An Apprehended Domestic Violence Order (ADVO) reflects the community’s expectation that the State will care and protect child. However the enforceability of ADVOs is limited because it relies upon resource efficiency in the executive powers and the compliance of violent perpetrator. An ADVO is made under the Crimes (Domestic and Personal Violence) Act 2007(NSW). Family violence is defined by the Family Law Act 1975 (Cth)(FLA) as ‘violent, threatening or other behaviour by a person that coerces or controls a member of the person 's family (the family member), or causes the family member to be fearful.’. An ADVO can be applied on the behalf of a child or be taken out by a police officer on behalf of the child if they have fears that about their …show more content…
The Bill encourages cooperation between the NSW Police Force and their interstate counterparts to protect victims of family violence; hence protecting and caring for children and their families. However the Bill fails to provide equal accessibility for all individuals. Whilst individuals from other states moving to NSW will have their ADVO automatically registered, individuals moving out of NSW will not be protected by this state legislation since other states have not implemented equivalent Bills/Acts. Thus demonstrating that before this Bill is given assent and proclamation, other Australian states and territories need to draft an equivalent Bill to provide universal accessibility to care and protection of children. Therefore to a limited extent, ADVOs successfully reflect the community’s expectation that the government will care and protect children but recent statistics and cases illustrates that the enforceability of ADVOs is limited due to insufficient government funding. Time delays in legislative reform for FACS and ADVOs have fatal consequences for children. Although law reforms need to be passed expeditiously to ensure just outcomes for family members and …show more content…
Due to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009, CWUs began operations in 2010 to increase resource efficiency of FaCs when dealing with cases involving child abuse and neglect. The unit consists of the NSW Department of Health, the NSW Police Force, the Department of Education and Training, and the Department of Human Services. The CYPCPA raised the threshold of mandatory reporting from ‘at risk of harm’ to ‘at risk of significant harm’ which meant the role of CWUs is to aid department individuals who are concerned that a child is at ‘risk of harm’ whilst FaCs investigates children ‘at risk of significant harm’. The Wood Inquiry found that 13% of reports to FaCS were not ‘risk of harm’ reports defined in the CYPCPA. It recommended that due to the competing demands of the system WHICH SYSTEM, individuals needed another avenue to seek assistance so that children ‘at risk of significant harm’ will have their case investigated expeditiously(Aihw.gov.au.). CWUs assist in the classification of the level of risk to the child, identify whether reports about the child has been made in other departments or provide advice to the department reporter on how they can assist the child and/or the family. The positive outcome of this reallocation of resources is

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