Law Council of Australia, media release, 23 September 2019:
Family violence awareness training urged for parliamentarians
The Law Council has condemned as dangerous suggestions by Senator Malcolm Roberts of One Nation
that the family courts are contributing to family violence and called for family violence awareness training
for all members of parliament.
“It is inappropriate to be blaming victims, the courts or judges for any person lashing out and hurting
another person,” Law Council President, Arthur Moses SC, said today.
“Politicians must be careful not to use words that may incite those currently engaged in the system or
dissatisfied with a court outcome to engage in violence.”
Mr Moses labelled as “irresponsible and plain stupid” comments by made One Nation Senator Malcolm
Roberts blaming the family law system for violence by men.
“These comments could incite violence against partners, children or judges of those courts, or provide
excuses for some men to blame anyone else but themselves for hurting a partner or child. The comments
of Senator Roberts will undermine, not assist, concerns being raised by some members of the community
for law reform as to how custody matters can be dealt with in a less adversarial manner.”
“The Joint Select Committee Inquiry announced this week provides a critical opportunity for Parliament to
examine holistic options to reform the system, including recent recommendations by the Australian Law
Reform Commission. The Law Council has offered its support to the Inquiry but it needs to be free from
bias and pre-determined outcomes.”
“But let me be clear – the Inquiry will have no hope of achieving any meaningful reform and will quickly lose
support if it is overshadowed by these disgraceful comments or misguided by myths. Reform has to be
based on facts not slogans.”
“This Inquiry must be about finding long-term solutions to a crippled family law system. This will assist
vulnerable children, mothers, fathers, families and victims of family violence. Not apportioning blame or
seeking to excuse the inexcusable.
“Cases of family violence are serious matters to be heard and determined by the courts and prosecuted by
the police, not Parliament. If parties are unhappy with outcomes, these can decisions reviewed.
“I acknowledge Home Affairs Minister Peter Dutton and Attorney-General Porter have said earlier
comments reported by Senator Hanson about the raising of domestic violence issues in family cases were
wrong. The reported comments by the Senator were plainly wrong.”
“However, Prime Minister Morrison, Attorney-General Porter and Committee Chair Andrews now need to
condemn these latest remarks by Senator Roberts in the strongest possible terms and ensure the Inquiry is
conducted in a manner that is safe and respectful. Otherwise, the situation will quickly deteriorate and this
Inquiry will harm not help children, mothers and fathers” Mr Moses said.
“The Law Council strongly recommends all parliamentarians including those who participate in this Inquiry
be provided with family violence awareness training at the outset to help them undertake their important
roles in the Inquiry but also considering any recommendations from the Inquiry.