Recommendation 8.24 – Disability-inclusive definition of family and domestic violence

What has been achieved to date

The Commonwealth Attorney-General’s Department is currently conducting a national review of Domestic Violence Order (DVO) frameworks to be progressed through the Family, Domestic and Sexual Violence Working Group, who report to the Standing Council of Attorneys-General and the Police Ministers Council. The review will consider gaps and identify opportunities for potential reform. 

The review presents an opportunity to consider a national definition of family and domestic violence, through greater consistency of definitions across DVO frameworks, which may include consideration of disability-inclusive definitions, where appropriate.

What the Disability Royal Commission said in the final report

In working towards nationally consistent, inclusive definitions of gender-based violence under the National Plan to End Violence against Women and Children 2022–2032, states and territories should amend their legislative definitions of family and domestic violence to include:

• all relationships in which people with disability experience family and domestic violence, including but not limited to carer and support worker relationships
• disability-based violence and abuse
• all domestic settings, including but not limited to supported accommodation such as group homes, respite centres and boarding houses.

The Family Law Act 1975 (Cth) and any relevant state and territory laws should also be amended consistently with this recommendation.

Joint Government response July 2024

The Australian Government and state and territory governments recognise the importance of ensuring that definitions of family and domestic violence are appropriately broad to capture the unique circumstances, relationships, and living arrangements in which people with disability may experience family and domestic violence.

Through the Family, Domestic and Sexual Violence Working Group, under the Standing Council of Attorneys-General, all jurisdictions are committed to working together to improve the family law and family violence systems’ response to family violence, which may include future consideration of disability-inclusive definitions.

While the governments of ACT, NSW, NT, QLD, SA, TAS and WA are supportive of disability-inclusive definitions of family and domestic violence, there are a range of challenges with progressing a nationally consistent definition. Jurisdictions are committed to working through these in the context of the work being progressed through the Family, Domestic and Sexual Violence Working Group.

More recommendations

View progress on other recommendations made by the Royal Commission.