Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: terms of reference

Matter initiated by the Commission pursuant to section 5(1)(b) of the Victorian Law Reform Commission Act 2000 (Vic) on 25 September 2024.

The Victorian Law Reform Commission will examine whether family violence laws should be reformed in respect of a child who is listed as an applicant, protected person or an affected family member on a family violence intervention order (FVIO) to:

• Ensure the child continues to have the protection of the order when they turn 18 unless the order is varied, revoked or discharged.
• Give a child the right to participate as a protected person or affected family member in FVIO proceedings, without having to gain the leave of the court.

Where the child is listed as applicant, protected person or affected family member on a FVIO, the Commission will also consider: 

• Whether leave of the court should continue to be required to vary, revoke or extend a FVIO for children between 14 and 18 years.
• Whether it should be possible in any circumstances for a child under the age of 14 to be able to seek leave to apply to vary, revoke or extend a FVIO.
• Options for children and young adults to be heard and supported in family violence proceedings.

In determining whether change to legislation and procedure is needed, the Commission will have regard to:

• a variety of data on FVIOs and children who are protected persons, including data on: the number of children listed as a protected person on FVIOs in Victoria, the number of young adults who re-apply for a new FVIO upon turning 18, and the number who request to be removed as a protected person when they reach 18.
• an intersectional analysis of the impact of the FVIO system and legal framework on marginalised children and young adults, including children and young adults with a disability and those who identify as First Peoples, multicultural and multifaith, or LGBTIQ+.
• balancing the considerations listed in section 67 of the Family Violence Protection Act 2008 (Vic):
  – protecting children from unnecessary exposure to the court system; and
  – the harm that could occur to the child and family relationships from participating in family violence court proceedings
  with the importance of allowing them to be involved in decision-making that affects their lives and the lives of their families.
• the principles outlined in Article 12 of the United Nations Convention of the Rights of the Child regarding the right of children to be heard and considered in matters affecting them including in judicial proceedings.
• whether the law should apply flexibly depending on the age of the child or other factors.
• the experiences of children and young adults who have been protected persons under a FVIO.
• approaches in other jurisdictions.
• any other relevant matter.

To keep the project within the parameters of a community law reform project the Commission is only examining issues that arise for children who are listed as an applicant, protected person or an affected family member. While there are important and worthwhile reform issues to explore regarding children and young adults who are respondents and other parties to FVIOs, they will not be examined in this law reform project.