Fair Agenda

2.1 The overall funding commitment to address gender-based violence

Coalition

In 2019 the Coalition invested approximately $340 million in the implementation of the Fourth Action Plan. (source) The 2019 budget also included a Single National Mechanism for Commonwealth Legal Assistance, at $1.2 billion over three years from 2020 - 21 for legal assistance services - including legal Aid Commissions, Community Legal Centres and Aboriginal and Torres Strait Islander legal Services. (Source)

In 2020 the Coalition announced a $150 million domestic violence response package to: bolster crisis support, provide case management for survivors, increase safe accommodation capacity and expand perpetrator interventions. (source)

In 2021 the Morrison Government have committed $260 million to a National Partnership on Family, Domestic and Sexual Violence. The Minister has said this was for: bolster frontline worker numbers, expand crisis accommodation, sexual violence support, counselling and crisis case management, legal support, perpetrator interventions and men’s behaviour change programs. (source) 

The Coalition Government committed $1 billion for the prevention and response of violence in the eight years between 2013 - 2021 (source) $2.5 billion for the first five years of the next national Plan. That’s half of the $1 billion per year experts have been calling for. 

Analysis: The Coalition’s current funding commitment for the next National Plan is half of what experts have been calling for. The Coalition’s increased funding commitments and expansion of successful pilots is positive; but falls well short of what is needed to ensure victim-survivors can access the support they need to be safe. Specialist services continue to be unable to meet demand, with the national survey of domestic and family violence agencies and clients in 2021 showing that most service providers saw a huge surge in demand during the pandemic. (0.5 / 1)

Labor

Labor’s national policy platform states that Labor believes they have a responsibility to properly resource evidence-based programs that prevent family and gendered violence, support women and children to be safe, and change behaviour. The platform states that the next Labor government will invest in preventing and responding to family violence in partnership with LGBTIQ people, First Nations people, people from CALD communities, people with disability, and people living in remote, regional and rural areas, as well as faith and community groups (source)

Labor have committed to match the Government’s $1.3 billion investment in this Budget. (source)

So far the Labor government has committed to fund 500 new community sector workers, and invest $100 million in crisis accommodation and build 4,000 homes.

Of Labor’s $10 billion Housing Australia Future Fund, they say a total of $1.7 billion dollars will be allocated to women. $1.6 billion for long-term housing, and an additional $100 million for crisis and transitional housing options for women and children fleeing domestic and family violence, and older women on low incomes who are at risk of homelessness. (source)

Analysis: The sentiment of Labor’s policy platform is strong, and the additional commitments Labor has made to invest in this area so far have been positive. They have not yet announced their overall funding commitment for the National Plan if elected. The specifics committed still fall short of what is needed to ensure victim-survivors can access the support they need to be safe. Safety advocates have been calling for $1 billion per year to be committed to implement the National Plan for years, and despite a national focus on gender-based violence, Labor are yet to make their overall commitments in this area public. (0.625 / 1)

Greens

The Greens’ policy is to implement a 12 year National Plan to End Violence Against Women and Children, funded at $1 billion per year to provide certainty for frontline response services in line with what the sector says is needed to meet demand. (source) Greens policy says The Plan will provide dedicated, secure, long-term funding for specialist family and domestic violence services across the country. The plan will deliver outreach, crisis response, crisis accommodation, legal and financial support, help to avoid surveillance by an ex-partner, advocacy and post-crisis support so that no woman seeking support is turned away. (source) 

Analysis: The sentiment of the Greens’ policy platform is strong, and in line with the scale of funding advocates say is needed to properly resource any National Plan. (1 / 1)

2.2 Investment in specialist sexual, domestic and family violence services 

Proper investment in accessible, culturally appropriate and trauma-informed specialist sexual, domestic and family violence services is needed - so that no victim-survivors who need support to recover are turned away when reporting, seeking safety, navigating the legal system or seeking support for trauma recovery. That includes supporting investment in initiatives led by the communities they are for.

Coalition

In 2019 the Coalition Government invested approximately $340 million in the implementation of the Fourth Action Plan. (source) Including $78m to provide safe places for people impacted by DFV, $82m to improve frontline services, $64m for 1800 RESPECT. (source)  

In 2020 $150 million domestic violence response package to: bolster crisis support, provide case management for survivors, increase safe accommodation capacity and expand perpetrator interventions. (source) 

The Morrison Government have committed $260 million to a National Partnership on Family, Domestic and Sexual Violence. The Minister has said this was for: bolster frontline worker numbers, expand crisis accommodation, sexual violence support, counselling and crisis case management, legal support, perpetrator interventions and men’s behaviour change programs. (source) They also funded Escaping Violence Payment to provide victim-survivors leaving a violent relationship with up to $5,000 in financial assistance to establish a home free from violence. (source)

In March 2022, the Morrison Government also announced a $104 million technology-focused package, with some of the funds directed to security assessments and upgrades to support up to 30,000 victim-survivors to stay safe in their own homes; and for online safety initiatives to address technology-facilitated abuse. (source)

The government has also made a long-term funding commitment of $200 million to 1800 RESPECT over five years. (source)

In the latest budget, they committed $328.2 million over five years for early intervention with victim-survivors and to help people who use violence to change their behaviour, and $480.1m over six years for a range of response measures, including continuing the Safe Places Emergency Accommodation program. (source) Importantly, in response to advocates’ calls, the government have also supported piloting a new model of care, for trauma-informed recovery services, and the establishment of a woman’s trauma recovery centre. (source) 

While $1.3 billion is identified for keeping women and children safe, it’s unclear what among this funding is actually new. The budget treats it all as new, as it goes to a new National Plan. However, it is clear that much of it is to rollover funding to existing programs whose funding was lapsing.

However the Government has left a funding black hole from July 2023 by failing to continue their commitment to funding the Equal Remuneration Order beyond the previously announced date of July 2023. 

Analysis: The latest budget announcement takes the Coalition’s overall investment in Women’s Safety (prevention and response) to $2.5 billion over 5 years. That’s half of what the sector has said is needed. Increased funding committed for early intervention and response is positive. The investment in recovery is also important, but is nowhere near what’s needed to address this area nationally, and provision as a health service means that migrant and refugee survivors who are on temporary visas will not be able to access. Safety provisions should include equal access that is not linked to visa status. While experts have been calling for locally based and community-led responses, it’s not clear whether the Coalition’s funding announcements will go to community driven services or generalist services. The Coalition’s commitments also don’t provide for proper funding of services (Reflecting legislated pay increases for specialist workers) beyond next financial year, meaning these services are now facing a significant cut to capacity in July 2023. (0.5 / 1)

Labor

Labor have committed to match the government’s $1.3 billion additional funding towards the National Plan. Labor has also committed to fund 500 new community sector workers to support women in crisis. They’ve indicated this commitment is to allow services to allow services to employ an extra case worker to help women set up a safer life; financial counsellors to help women escape debt from financial abuse; and women’s specialist services to gain a support worker to sit with women and children to help them work through their experiences. (source)

Labor’s national policy platform includes a commitment to prioritise funding for specialist community sector services, including specialist services delivered by by  women’s, LGBTIQ, First Nations, disability and CALD groups. (source) It also includes a commitment to working in partnership with First Nations people to reduce violence against women and children. (source)

Labor’s national policy platform states that Labor believes government has a responsibility to properly resource evidence-based programs that prevent family and gendered violence, support women and children to be safe, and change behaviour. The platform states that the next Labor government will invest in preventing and responding to family violence in partnership with LGBTIQ people, First Nations people, people from CALD communities, people with disability, and people living in remote, regional and rural areas, as well as faith and community groups (source)

Analysis:  Labor has committed to match the Coalition’s funding investment in the next National Plan, and the sentiment of their policy in this area is strong.While Labor’s sentiment is strong, they have only made one specific additional commitment to funding in this area. The specifics committed so far fall well short of the additional investment in specialist services needed to ensure victim-survivors can access the support they need to be safe. Labor’s explicit intersectional lens is important and positive. Despite a national focus on gender-based violence, Labor are yet to announce their overall commitments in this area public. Labor’s current funding commitments for investment in specialist sexual, domestic and family violence services fall well below what’s needed.  (0.625 / 1)  

Greens

The Greens’ policy is to implement a 12 year National Plan to End Violence Against Women and Children, funded at $1 billion per year to provide certainty for frontline response services in line with what the sector says is needed to meet demand. (source) The Plan will provide dedicated, secure, long-term funding for specialist family and domestic violence services across the country. The plan will deliver outreach, crisis response, crisis accommodation, legal and financial support, help to avoid surveillance by an ex-partner, advocacy and post-crisis support so that no woman seeking support is turned away. The Greens say this plan would be responsive to the particular needs of LGBTIQ+ people, migrants, young people, older women and disabled people. (source) 

The Greens policy includes a commitment to maintain all funding commitments from the Coalition’s 2022-23 budget, with additional funding to be allocated in consultation with the sector.

Analysis: The sentiment of the Greens commitment is strong, and the overall quantum committed for the National Plan is in line with what advocates have been calling for. More detail is needed about how these funds would be directed. (0.875 / 1 )

2.3 Investment in specialist legal assistance services that help survivors navigate the legal system

Coalition

In the 2019 budget the Coalition Government announced a Single National Mechanism for Commonwealth Legal Assistance which was funded at $1.2 billion over three years from 2020 - 21 for legal assistance services - including Legal Aid Commissions, Community Legal Centres and Aboriginal and Torres Strait Islander legal Services (ATSILS). (Source) This became the National Legal Assistance Partnership (NLAP).

Through NLAP, The Commonwealth provides an estimated total financial contribution to the states of $2 billion over five years through the National Legal Assistance Partnership 2020-2025. Allocation of funding is split between Legal Aid Commissions 78%, Community Legal Centres 18%, Domestic Violence Units/Health Justice Partnerships 0.4% and ATSILS 29%. The majority of the work Legal Aid Commissions do is focused on criminal law, whereas the majority of work Community Legal Centres focuses on civil and family law. The majority of legal assistance funding through NLAP is allocated to criminal matters, rather than civil or family law matters.

In the 2019-20 MYEFO Morrison Government committed $13.5 million over three years to implement the pilot of the Federal Circuit and Family Court of Australia’s Lighthouse Project (family safety risk screening and specialised case management). In the 2022-2023 Budget, the Morrison Government committed $87.9m for legal aid commissions to provide a national expansion of the Lighthouse Project, which triages FDSV matters before the family court and $52.4 million to prevent victim-survivors being cross-examined by perpetrators (Source p 39)

In the 2021 budget the Morrison Government announced $129 million in additional legal assistance funding they said would be directed to women’s legal centres. A But this funding was not distributed to women’s legal centres only - but to a range of services. (source)

From 2022, Community Legal Centres asked for an additional $80 million a year in core funding. Through the National Legal Assistance Partnership, the Federal Government are committed to an average of $56 million annual funding for Community Legal Centres until 2025. 

The Morrison Government also announced a $101.4 million investment in Children’s Contact Services to reduce safety risks to family law system years; $85 million to maintain, enhance and expand Family Advocacy Support Services. (source) $17.1 million was allocated for the enhancement of Domestic Violence Units and Health Justice Partnerships. (source) and an additional $26 million over four years was provided for Family Violence prevention Legal Services to improve support services for Aboriginal and Torres Strait Islander women (source) but this is less than a quarter of what FVPLSs have said is necessary to meet community need (at $32 million per year) 

This budget, Key First Nations legal and family violence legal services not only didn’t receive additional funding, the Coalition Government have made a cut to their services in real terms, by failing to increase service funding in line with indexation, as is standard. The situation was already very bad and getting worse in real terms.

Analysis: Their previous boost in funding for legal assistance services, and particularly specialist services like Family Violence Prevention Legal Services and Women’s Legal Services is critical, as is the expansion of successfully piloted initiatives like the Family Advocacy Support Services and Health Justice Partnerships. But the amount of funding falls well below what is needed to meet demand. What’s more, most of the 2021 funding committed for specialist women’s legal services hasn’t been actually delivered to services, and is still sitting with the states yet to be distributed, so hasn’t improved service access in the 10 months since it was announced. What’s more, one of the critical First Nations led services, Family Violence Prevention Legal Services, had been calling for $32 million per annum to meet demand for their services. Family Advocacy Support Services need $40 million per annum for national coverage. FVPLS has had an actual cut, and FVPLS peak has been de-funded. (0.25 / 1 )

Labor

Labor’s national policy platform states that Labor believes government has a responsibility to properly resource evidence-based programs that prevent family and gendered violence, support women and children to be safe, and change behaviour. The platform states that the next Labor government will invest in preventing and responding to family violence in partnership with LGBTIQ people, First Nations people, people from CALD communities, people with disability, and people living in remote, regional and rural areas, as well as faith and community groups (source) 

As well as committing to match the Coalition’s funding boost for the National Plan in the latest budget; Labor has made an additional commitment to boost funding for up to 30 communities to establish justice reinvestment initiatives from 2023 to expand a range of services including but not limited to family and domestic violence support. Labor state that justice reinvestment initiatives will need to be developed in partnership with First Nations communities and organisations, including Family Violence and Prevention Legal Services. (source)

Analysis: The commitment to match the Coalition’s National Plan funding commitment is positive, and we assume funds directed towards legal assistance services specifically will be maintained by Labor. Further, the commitment to justice reinvestment is positive and was asked for by First Nations advocates. We understand allocations within this area will be self-determined by the communities, so may include domestic violence support, but the locally driven process will determine this. It’s not clear what if any additional funding Labor will commit to women’s legal services, FVPLSs, and other legal assistance services. (0.375 / 1)

Greens

The Greens policy is a doubling of funding for women’s legal services, Family Violence Prevention Legal Services, Aboriginal and Torres Strait Islander Legal Services, community legal services and legal aid commissions. (source) They’ve estimated this will come to $490 million per year. In addition to doubling the current funding for the National Legal Assistance Partnership, the Greens have also committed to provide an additional $310 million a year to these services during the life of the National Legal Assistance Partnership so that they can clear the backlog of cases caused by the pandemic. (source)

Doubling of service funding for Family Violence Prevention Legal Services and Community Legal Centres would still leave them below the funding needed to meet demand. Community Legal Centres have been calling for a total of $126.5 million, a doubling commitment would be just $102 million. FVPLS are currently only funded to a quarter of what they say is needed, so a doubling would bring their capacity to half of what they say it needs to be. 

Analysis: The sentiment of the Greens commitment to resourcing services through the $1 billion annual National Plan resourcing is strong, but doesn’t have specifics. The Greens specific commitment to double funding for legal assistance services would be a significant improvement, but still fall well below what frontline services say is needed in these areas. However, with the additional $310 million committed per year to address the backlog of cases, services would be in a much stronger position. More detail would be needed to understand how this would be allocated in order to be clear all critical specialist services would be appropriately resourced, but it seems likely this commitment would meet what is required. (1 / 1)

2.4 Investment in specialist accredited behaviour change interventions with perpetrators

Coalition

In the 2019 - 2020 budget the Coalition Government invested $7.8 million in dedicated men’s support workers in all Family Advocacy Support Services (source). In May 2020 the Coalition announced $2.4 million for No To Violence to expand the capacity of the Men’s Referral Service to provide telephone and online services nationwide over the coronavirus period. (source) This was extended in the most recent budget, with $10.5 million over five years to enable No To Violence to continue national coverage for the Men’s Referral Service. This was below the sector’s ask of $12.5 million over four years, but is an important commitment.

In January 2020 The Morrison Government announced $2.3 million for the Men as Role Models initiative, for community organizations to work directly with men through culturally appropriate initiatives to reduce family violence. (source)

However, there is also no federal funding directly allocated to evaluation of programs in these areas,  except general funding ANROWS which may or may not result in evaluation in this area. This means there is no guarantee programs being delivered and funded are best practice. 

Analysis: While the boost in funding and capacity in these important areas is vital; it falls short of what is needed to meet service demand in the key funded area; and across behaviour change programs nation-wide. Service providers need support to scale-up their services, pursue accreditation, and implement relevant minimum standards to ensure best practice approaches are being used to work with perptrators of family, domestic and sexual violence. The current resources are largely directed towards crisis response, with missed opportunities to invest in changing attitudes to prevent violence. (0.25 / 1)

Labor

Labor’s national policy platform states that Labor believes government has a responsibility to properly resource evidence-based programs that prevent family and gendered violence; support women and children to be safe; and change perpetrator behavior. The platform states that the next Labor government will invest in preventing and responding to family violence in partnership with LGBTIQ people, First Nations people, people from CALD communities, people with disability, and people living in remote, regional and rural areas, as well as faith and community groups (source)

Labor have committed to match the Coalition’s $1.3 billion funding commitment to the National PLan in this budget, which includes commitments to work in this area. We assume this would be maintained as part of this commitment.

Labor’s policy platform also states that Labor in Government will ensure evidence-based primary prevention activities, including by supporting behaviour change programs to ensure perpetrators are identified and accountable for their behaviors. (source)

Analysis: While Labor’s sentiment is strong, and the commitment to evidence-based work is positive and vital; further detail is needed to understand how they would scale up services, pursue accreditation, and implement relevant minimum standards to ensure best practice approaches are being used to work with perpetrators. (0.275 / 1)

Greens

The Greens’ policy is to invest $12 billion over 12 years to support the National Plan for Ending Violence Against Women and Children. This Plan would provide dedicated, secure, long-term funding for specialist family and domestic violence services across the country, and support best practice programs aimed at changing men’s behavior. (source)

The Greens policy does not include specific allocations of funding, but proposes that funding would be allocated to support best practice behaviour change programs. The quantum is such that it would enable much better resourcing of all services, including perpetrator interventions which have been identified as falling into that funding package. 

The Greens have committed to ensuring all funding commitments in the 2022-23 Budget are maintained, with additional funding to be allocated in consultation with the sector. Their National Plan also includes a commitment to support targeted, best practice behaviour change and early intervention programs, and long-term secure funding to ANROWS to evaluate cultural change programs.

Analysis: The sentiment of this commitment is strong, particularly the focus on best practice and early intervention. The quantum is such that it would enable much better resourcing of all services, including perpetrator interventions which have been identified as falling into that funding package. But further detail is needed to understand how the Greens would scale up services, pursue accreditation, and implement relevant minimum standards to ensure best practice approaches are being used to work with perpetrators. (0.625 / 1)

2.5 Investment in safe housing

Coalition

In September 2020, the Coalition Government committed $60 million in capital funding for refuge and other emergency accommodation under the Safe Places initiative. No resources for staffing were included. They estimated this would create 700 new safe places for women and children escaping violence, supporting 6,000 women and children each year. (source) In May 2021 the Coalition expanded the Safe Places initiative with an additional $12.6 million (source) and a further commitment of $100 million over five years was included in the 2022 Budget

The Government provides ongoing funding for social housing and homelessness to states and territories via the National Housing and Homelessness Agreement. In 2022-23, funding was $1.64 billion, reducing to $1.60 billion in 2023-24, when supplementary funding to cover the costs from the 2012 Equal Remuneration Order, which increased wages in the community sector, is budgeted to end. (source)

Over the past decade the Federal Government also funded Remote Indigenous Housing but that funding has been mostly withdrawn, and remains now only in the Northern Territory until June 2023.

In 2021, the Coalition Government created a new program to enable 10,000 eligible single parents with dependent children to buy a home with a two per cent deposit, called the Family Home Guarantee (source). The program is for women who can afford home ownership but have not saved a larger deposit.

Analysis: Funding for social housing and homelessness services that provide access to housing for women fleeing violence and perpetrators has decreased in real terms over the past decade. The 2022 Budget included no new funding for long term housing for women fleeing violence who are at risk of homelessness, and only a relatively small commitment to short-term emergency accommodation for women fleeing violence. (0.0625 / 1)

Labor

Labor have committed $10 billion to a Housing Australia Future Fund that will create 30,000 social and affordable homes over five years, 4,000 of which will be allocated for women and children fleeing domestic and family violence and older women on low incomes who are at risk of homelessness. An additional $100 million will fund crisis and transitional housing options for women and children fleeing domestic and family violence, and older women on low incomes who are at risk of homelessness. (source).

Analysis: This is a significant new investment in both social housing and crisis accommodation, but is significantly less than is needed. (0.625 / 1)

Greens

Greens have committed to fund crisis and transitional accommodation under their proposed National Plan, and to provide long-term affordable housing by investing in social housing to build 1 million new public and community homes. (sources) The Greens plan includes 125,000 new public universal access rentals to be built, focused on creating affordable housing for more people. (source)

The Greens have also committed to establish a shared ownership scheme to help people currently locked out of the market own their own home.

Analysis: The Greens policy includes important structural reforms and 1 million new public homes, and funding for crisis housing within the $12 billion National Plan commitment. These are strong and substantial commitment on both social housing and emergency accommodation; demand for which is likely to be reduced with significant action to improve access to long-term housing. (1 / 1)

2.6 Support and service access for women on temporary visas

In December 2020, the Women’s Safety Taskforce identified temporary visa holders as a priority group in responding to family violence and women’s safety (source). 

For a woman on a temporary visa facing domestic abuse, the limitations of her visa status can leave her feeling trapped with their abuser. As well as wielding violence, control and isolation - abusers often also threaten victim-survivors on temporary visas with deportation, and separation from their children, if they try to build independent, safer lives. 

Current government systems mean abusers have even more leverage to keep women trapped, and options to seek support are limited due to the lack of service funding. Every woman should be able to access healthcare, housing and social security support needed to escape a violent partner and achieve safety, regardless of her visa status. Experts are calling for the creation of a new special category of temporary visa to enable victim-survivors to access these vital services while escaping violence, so they can build safer futures.

Coalition

The Morrison Government funded a pilot program to support women on temporary visas experiencing family violence. This will provide support for women who may be unable to access social services and welfare payments due to their visa status. It includes access to support through the Australian Red Cross, with women on temporary visas able to receive up to $3,000 to help them cover expenses such as food, accommodation, utilities and other essentials and medical care. (source) In the 2021-22 budget it was announced this 12-month pilot project would now be funded for three years.

The Coalition Government have not responded to calls for a new temporary visa category to support women on temporary visas who are trying to escape violence.

Analysis: While this financial support for women on temporary visas is positive; short-term once-off funding will not fix the problems faced by women on temporary visas fleeing violence - particularly if she needs to navigate the real-estate system. Experts have recommended and called for systemic change and reform so survivors can access services like healthcare, housing and social security support. While the provision of $3,000 to cover expenses is positive - it is notably less than the $5,000 of support provided to residents in a similar situation. The financial burden of escaping violence isn’t reduced because of your visa status, these commitments are inadequate for a group of women who are at significant safety risk. (0.125 / 1)

Labor

Labor’s national policy platform includes a statement that Labor in Government will ensure that women and children on temporary visas who are experiencing family violence can access appropriate protection. (source) Through their national policy platform Labor have also committed to abolish Temporary Protection Visas and Safe Haven Enterprise Visas, and transition eligible refugees onto permanent visa arrangements. (source)

Labor have committed to reduce the visa and citizenship processing backlogs within Australia’s migration programs, and have said they are committed to a comprehensive national anti-racism strategy.

Analysis: The sentiment of Labor’s policy platform is positive, but lacks detail to make clear how women on temporary visas would be able to access the service support they need. (0.5 / 1)

Greens

The Greens platform is to abolish Temporary Protection Visas and provide Permanent Protection Visas, so that anyone living in Australia can access income support and government services (source). Their policy commits that their National Plan would be responsive to the needs of migrants, and ensure women on temporary visas can access support.

Analysis: Abolishing Temporary Protection Visas would open up service access significantly for women currently on those visas, but wouldn’t solve the service access problem for women on student visas and other temporary visas who would still be left without service access, without additional reforms. The sentiment of The Greens commitment to ensure women on temporary visas can access support is positive and critical, but more detail is needed to understand how this would work. (0.625 / 1)

3.1 Abolition of the Family Court 

Coalition

The Morrison Government drove reform to abolish the Family Court - a move condemned by key experts including the Law Council of Australia, Community Legal Centres Australia and the National Aboriginal and Torres Strait Islander Legal services. (source) (0 / 1)

Labor

Labor opposed the merger of the Family and Federal Court, in line with the recommendations of women’s safety advocates. (source)  (1 / 1)

Greens

Labor opposed the merger of the Family and Federal Court, in line with the recommendations of women’s safety advocates. (source)  (1/1)

3.2 Commitment to holding federally governed and/or funded institutions accountable on these issues 

Independent review processes have shone a light on shocking failures by both universities and aged care facilities to provide for the safety of those in their care, and handed down recommendations for major changes. The federal government holds key levers to influence change in these institutions. Experts have called for them to use these levers to hold these institutions accountable and to improve the safety and wellbeing of those affected by gender-based violence.

Coalition 

As Education Minister Dan Tehan shelved an independent taskforce to address university sexual violence, despite the plan being ready to announce under his predecessor Minister Simon Birmingham. (source) (0/1)

Labor

In response to a calls from advocates in 2018, Labor committed to establish an independent, expert-led Taskforce on sexual violence at universities, residential colleges and TAFES; and to resource it with $1.8 million over the forward estimates. (source) They also committed to requiring all universities and residential colleges publishing annual data on the number of reports and formal complaints made, to improve transparency. They included a commitment to severe penalties for universities that fail to take serious action to protect their students. (source) 

Labor has also announced major investment and changes in aged care, including establishing a registration scheme for personal care workers - including requirements for ongoing training, criminal history screening, and a code of conduct. (source)

Analysis: These are positive interventions in the two key institutions of focus. (1/1)

Greens

In the lead up to the 2019 federal election, The Greens indicated they were committed to establishing an independent and expert-led Taskforce in consultation with experts. (source) The Greens have since called for the National Plan to include specific indicators for university settings to hold universities to account (source). The Greens have also committed to introduce independent policy and prison oversight mechanisms (source) 

In response to the Royal Commission into Aged Care The Greens committed to support greater transparency through publishing the number of serious incident reports; and support setting up an independent advisory service so those affected by a serious incident can be referred to it for support.

The Greens submission to the National Plan called for resources to be allocated to research and response to institutional abuse in aged care, but details of the Greens policy have yet to be released.

The Greens’ Accessible Australia policy commits to implementing all recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability Public Report on the Experiences of People with Disability During the Ongoing COVID-19 Pandemic, including responding to the findings about domestic, family and sexual violence. 

Analysis: These are positive interventions in key institutions of focus. (1/1)

3.3 Action on laws, policies and practices that undermine the safety and wellbeing of women and victim-survivors 

Survivors of family violence should be supported to build safer futures for their family. But unfortunately there are a range of laws, policy and practices that create systemic barriers and discrimination that can prevent women and children from escaping gendered violence and lead to re-traumatisation. In particular, the court’s current “equal shared parental responsibility” emphasis is so strong that children are being hurt, and survivors are being forced to maintain contact with a perpetrator who is harming them. The Australian Law Reform Commission recommended the presumption be replaced in 2019. 

Coalition

The Morrison Government has made some positive funding commitments for legal assistance services and programs designed to promote safety in and around the family law and court system.  In 2021 they committed more than $400 million across a range of measures to provide additional legal assistance funding for women, including a boost to investment in Children’s Contact Services to reduce safety risks and expand Family Advocacy Support Services. (source)  They also committed $10.7 million in additional funding to extend family law property pilots (the complementary Small Claims Property Pilot and the Legal Aid Commission Trial). (source) and $6.3 million in additional funding for the Family Violence and Cross-Examination of Parties scheme in 2021-22 (source) They also committed $4.2 million to trial of a new domestic violence deterrence program. (source). 

At the same time, the Morrison Government appointed Pauline Hanson as Deputy Chair of a Family Law Inquiry, after she claimed women were lying about abuse to gain advantage in family courts (source) and despite more than 100 peak bodies and practitioners declaring the Inquiry unnecessary, and a delay in the real action victim-survivors need for their immediate safety. (source) They also voted to oppose legislation to remove the presumption of equal shared parental responsibility from the Family Law Act - a provision which safety advocates say is difficult and dangerous provision where there is a history of domestic violence, and is being used to force survivors to maintain contact with a perpetrator who is harming them.Analysis: The Coalition have invested in expanding some successful family law pilots, expanding the initiative that prevents perpetrators from directly cross-examining their victims, and funded 11 additional Indigenous Liaison Officer roles. However, these positive commitments are far outweighed by lack of action, or harmful actions affecting other parts of the system. Most notably, opposing legislation to remove the presumption of equal shared parenting which safety advocates say is difficult and dangerous provision where there is a history of domestic violence, and is being used to force survivors to maintain contact with a perpetrator who is harming them; and appointing Pauline Hanson as Deputy Chair of a Family Law inquiry that more than 100 peak bodies and practitioners declared was unnecessary; and a delay in the real action victim-survivors need for their immediate safety. (0.25 / 1)

Labor

Labor’s national policy platform includes a general commitment that Labor in Government will ensure that Australia’s court systems deliver justice and avoid additional trauma for victims and survivors. (source), that family courts and family law services protect those at risk of family violence, and are able to address the particular needs, customs and practices of Australia’s diverse cultures. (source)

In the last term of parliament, Labor MP Graham Perrett introduced a private member’s bill to remove the presumption of equal shared parental responsibility from the Family Law Act. (source) 

Labor tried to block the Coalition’s inquiry into the Family Law system, which was opposed by women’s safety advocates. (source)

Labor have also announced they will support justice reinvestment in First Nations communities with a $79 million investment to reduce incarceration rates. (source)

Analysis: Labor has supported the key reform to remove the equal shared parental responsibility, and opposed the unnecessarily additional inquiry. The sentiments of Labor’s broader policies are positive, and in line with what advocates are calling for. (1/1)

Greens

The Greens policy to eliminate all gendered violence includes improving the family law system. (source) Specifically, the Greens are committed to ongoing reform of the family law and criminal justice system, including training to ensure police and judges understand power dynamics, the signs of sexual, domestic and family violence, and the impacts of trauma. (source)

The Greens have spoken out against equal shared parental responsibility requirement in Family Law. (Source)

The Greens are committed to work with key legal assistance, court support and advoacy, family violence prevention and legal stakeholders to begin implementing recommended reforms. In particular, those around training for court staff, expanding successful pilot projects, increasing staffing and judicial offices, and providing adequate wrap-around support for people appearing before the courts. (source)

The Greens have committed to establish a justice reinvestment coordinating body. (source) Greens have also committed to reform the criminal legal system to invest in communities not prisons (source)

The Greens also tried to block the Coalition’s inquiry into the Family Law system, which was opposed by women’s safety advocates. (source)

Analysis: The Greens have supported the key reform to remove the equal shared parental responsibility, and opposed the unnecessarily additional inquiry. The sentiments of The Greens’ broader policies are positive, and in line with what advocates are calling for. (1/1)

3.4 Support 10 days paid family and domestic violence leave for all workers. 

Coalition

The Coalition Government voted against 10 days paid domestic violence leave (source) (0/1)

Labor

Labor are committed to 10 days paid domestic violence leave. (source) (1/1)

Greens

The Greens are committed to 10 days paid domestic violence leave. (source) (1/1)

4.1 Prohibit the creation of a hostile, sexist working environment 

The Commissioner’s recommendation 16(c) was to amend the Sex Discrimination Act to ensure creating or facilitating an intimidating, hostile, humiliating or offensive environment on the basis of sex is expressly prohibited. 

The Morrison Government’s reform enacting other changes recommended by the Respect@Work report did not include this provision. In the last parliament the Coalition actively voted against amendments that would have made this change. (Source) (0/1)

Labor voted for amendments to enact this change. (1/1)

Greens voted for amendments to enact this change. (1/1)

4.2 Positive duties

The Commissioner’s Recommendation 17 is to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible. Recommendation 18 was to expand the Commission’s function to allow them to assess compliance with this positive duty.

The Morrison Government’s reform enacting the other changes recommended by Respect@Work report did not include introducing a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination and harassment. In the last parliament the Coalition actively voted against amendments that would have added this provision. (Source) (0/1)

Labor voted for amendments to enact this change. (1/1)

The Greens voted for amendments to enact this change. (1/1)

4.3 New inquiry power for the Commission

The Commissioner’s Recommendation 19 is that the Austrlaian Human Rights Commission Act be amended to provide the Commission with broad inquiry function to inquire into systemic unlawful discrimination, including systemic sexual harassment.

The Morrison Government’s reform enacting the other changes recommended by Respect@Work report did not include providing the Commission with a new inquiry power. In the last parliament the Coalition actively voted against amendments that would have made this change. (Source) (0/1)

Labor voted for amendments to enact this change. (1/1)

The Greens voted for amendments to enact this change. (1/1)

4.4 Representative and/or collective claims

The Commissioner’s recommendation #23 was that the Act be amended to allow unions and other representative groups to bring representative claims to court.

The Morrison Government’s reform enacting the other changes recommended by Respect@Work report did not include this provision. In the last parliament the Coalition actively voted against amendments that would have made this change. (Source) (0/1)

Labor voted for amendments to enact this change. (1/1)

Greens voted for amendments to enact this change. (1/1)

4.5 Damages and costs

The Commissioner’s recommendation #25 was that the Act be amended to insert a cost protection provision. 

The Morrison Government’s reform enacting the other changes recommended by Respect@Work report did not include introducing a cost protection provision. In the last parliament the Coalition actively voted against amendments that would have made this change. (Source) (0/1)

Labor voted for amendments to enact this change. (1/1)

The Greens voted for amendments to enact this change. (1/1)

4.6 Express prohibition on sexual harassment

The Commissioner’s recommendation #28 was to review the Fair Work system to ensure and clarify that sexual harassment is expressly prohibited.

The Morrison Government’s reform enacting the other changes recommended by Respect@Work report did not include reviewing the Fair Work system to expressly prohibit sexual harassment. In this last parliament the Coalition actively voted against amendments that would have made this change. (Source) (0/1)

Labor voted for amendments to enact this change. (1/1)

The Greens voted for amendments to enact this change. (1/1)

4.7 Stop sexual harassment order

Recommendation 29 was to introduce a ‘stop sexual harassment order’ in the Fair Work Act, designed to facilitate the order’s restorative aim.

In September 2021 the Morrison Government implemented certain recommendations from the Respect@Work report. Including providing that a worker who is sexually harassed at work may apply for a Fair Work Commission order to stop the sexual harassment (Source) (1/1)

Labor voted in support. (1/1)

The Greens voted in support. (1/1)

4.8 Making sexual harassment a valid reason for dismissal

Recommendation 30, 31 & 32 related to unfair dismissal and serious misconduct, to clarify that sexual harassment can be conduct amounting to a valid reason for dismissal.

In September 2021 the Morrison Government implemented certain recommendations from the Respect@Work report. Including providing that sexual harassment can be a valid reason for dismissal. (Source) (1/1)

Labor voted in support. (1/1)

Greens voted in support. (1/1)