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Domestic Violence

 

It aims to delve deeper into the issue of domestic violence by examining its social and legal implications, and analysing the current legislation, and providing recommendations. .
             Domestic violence is known by many names including spouse abuse, domestic abuse, domestic assault, battering, partner abuse, wife beating and so on. McCue (1995), maintains that it is commonly accepted by legal professionals as "the emotional, physical or sexual abuse perpetrated against a person by that person's spouse, former spouse, partner, former partner or by the other parent of a minor child". Whatever name is used to refer to it, domestic violence is a very grave and difficult problem faced by Australian society. In the past, the law did not view domestic violence seriously, and therefore only the criminal law applied, but there was no legislation specifically regulating domestic violence. However in the 1980's, all states and territories in Australia enacted legislation to control domestic violence. The first jurisdiction to do so was South Australia in 1982, followed by New South Wales, Western Australia and Tasmania also in 1982. Then the ACT followed in 1986, then Victoria in 1987, followed by Queensland and The Northern Territory in 1989. This report will be focusing specifically on Queensland legislation.
             In Queensland, there are various acts, which protect domestic violence victims (see appendix 2) however; the main ones are the Australian Family Law Act 1975 and the Domestic Violence (Family Protection) Act (1989) Qld. Division 11 of the Family Law Act 1975 deals with family violence, and more specifically with contact orders and family violence orders. However the Domestic Violence (Family Protection) Act 1989 (Qld) is the primary piece of legislation dealing with domestic violence. The Act applies to assault and harassment by a person against his or her spouse, de facto partner, former spouse or former de facto partner, or parent of his or her child, therefore these are the stakeholders primary protected under this Act.


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