Independent legislative review of family violence reforms

Date:: 30 May 2022

What the Review covered

The Review examined Parts 5A and 11 of the Family Violence Protection Act 2008 (the Act). These Parts provide the legal basis for the:

Family Violence Information Sharing Scheme (FVISS)
Central Information Point (CIP)
Multi-Agency Risk Assessment and Risk Management Framework (MARAM).

The Review considered how effective the legal provisions had been in meeting their objectives to:

facilitate information sharing, and enable certain organisations to obtain consolidated and up-to-date information from a Central Information Point, for the purposes of establishing, assessing and managing risks of family violence
promote service coordination to maximise the safety of people who have experienced family violence, prevent and reduce family violence to the extent possible, and promote the accountability of perpetrators of family violence
provide a framework for achieving consistency in family violence risk identification, assessment and management.

It also considered whether there have been any adverse effects associated with the provisions and whether any changes are required to improve the Act’s operation.

The focus of the Review was on the effectiveness of the legal provisions themselves. It did not review or monitor how effectively agencies had implemented the reforms.

The Review’s examination of the FVISS and CIP focused on the 3rd to 5th years of operation of the provisions, while the review of the MARAM Framework considered the first 5 years of operation.

To meet requirements under the Act, the Review must be tabled in Parliament by August 2023.

Call for submissions

In June 2022, the Monitor called for submissions to inform the Review. The submissions campaign has now closed. Further information about submissions received is available on our call for submissions page

Legislative review plan

Scope

The Family Violence Reform Implementation Monitor (FVRIM) has been appointed to undertake the review, and will examine the operation of the legislative provisions, rather than the implementation of the scheme and framework

Review requirements

Part 5A of the Family Violence Protection Act 2008 (the Act) provides the basis for the Family Violence Information Sharing Scheme (FVISS) and the Central Information Point (CIP). Part 11 of the Act provides the basis for the Family Violence Multi-Agency Risk Assessment and Management Framework (MARAM).

The Act requires that a review be conducted of the 3rd to 5th years of operation of the FVISS and CIP provisions and the first 5 years of operation of the MARAM provisions (ss 144SA and 195).

Review approach

• Review and analyse relevant legislation, documents and data relating to FVISS, CIP and MARAM;
• Consult with organisations affected by relevant provisions and victim survivors advocacy groups
• Call for submissions campaign through Engage Victoria
• Provide government with a report and recommendations.

Key questions

• To what extent has Part 5A been effective in facilitating the sharing of confidential information for the purposes of establishing, assessing and managing risks of family violence?
• To what extent has Part 5A promoted the coordination of services to maximise the safety of people who have experienced family violence, prevent and reduce family violence to the extent possible, and promote the accountability of perpetrators of family violence for their actions?
• To what extent has Part 5A enabled certain information sharing entities to obtain consolidated and up-to-date information from a central
information point for the purposes of establishing, assessing and managing risks of family violence?
• To what extent has Part 11 been effective in providing a framework for achieving consistency in family violence risk identification,
assessment and management?
• Have there been any adverse effects associated with the provisions in Part 5A or Part 11?
• Are there any legislative amendments that would improve the operation of Part 5A or Part 11 of the Act?

Key stakeholders

• Government departments and agencies:
- Children’s Court of Victoria
- Department of Education and Training
- Department of Families, Fairness and Housing
- Department of Health
- Department of Justice and Community Safety
- Department of Premier and Cabinet
- Magistrates’ Court of Victoria
- Victoria Police
• Information sharing entities: organisations who collect, use, request or disclose confidential information under the FVISS provisions
• Organisations that must align their policies, procedures, practice guidance and tools with MARAM
• Peak bodies/professional representative bodies across community, education, early childhood, family violence, health, mental
health, psychology, housing and legal services
• Service providers: including Djirra, InTouch, Victorian Aboriginal Legal Service, Royal Melbourne Hospital, The Orange Door, Victorian Aboriginal Child Care Association, Women’s Legal Service Victoria
• Statutory entities: including Commission for Children and Young People, Health Complaints Commissioner, Office of the Victorian Information Commissioner, Victorian Multicultural Commission
• Victim survivor groups: including Victim Survivors’ Advisory Council

Inputs

• Complaints information from Office of the Victorian Information Commissioner, Health Complaints Commissioner and other complaints
bodies
• Data and information from information sharing entities, CIP requesters and data custodians, framework organisations and section 191 agencies
• Family Violence Information Sharing Ministerial Guidelines
• MARAM annual reports and consolidated annual reports
• MARAM Framework and resources, including MARAM Practice Guides
• Monitoring Victoria’s family violence reforms: Early identification of family violence within universal services, Final Report, FVRIM, May 2022 [link]
• Review of the Family Violence Information Sharing Legislative Scheme: Final Report, Monash University, May 2020 [link]
• Submissions to the Monitor

Timeline

Consultation: June – November 2022
Call for submissions: June – August 2022
Draft report for review: February 2023
Final Report to Minister: May 2023
Review tabled in Parliament: August 2023
Download' Legislative review plan'

Updated 18 August 2023