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Domestic violence overhaul passes Senate

Outdated laws which could imply husbands' right to demand sex from their wives are set to be repealed as part of an overhaul of domestic violence laws.

Legislation to overhaul domestic violence laws including "repugnant" wording that could imply a husband's right to demand sex from his wife has cleared the Senate.

Existing law gives courts powers to relieve a husband or wife from an obligation to perform marital services or render conjugal rights. That wording will be abolished to remove the implication such obligations exist within in the law.

It was included in legislation changing a range of family violence measures that cleared the Senate on Monday night.

Government minister Zed Seselja said the move would reinforce the principle of equality within relationships, while the updated bill notes the phrasing is repugnant.

Under the other changes, courts will no longer be forced to tell children the details of family violence when it is not in their best interest.

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The bill also removes the 21-day time limit on the revival, variation or suspension of family violence orders made by state and territory courts in family violence proceedings.

Courts will get new powers to dismiss frivolous or vexatious proceedings in domestic violence cases.

"The measures in the bill will deliver immediate benefits for families and the courts dealing with the complex issues of family violence," Senator Seselja said.

The legislation arms state and territory courts with the same powers in parenting matters as held by magistrates courts.

The bill will now return to the lower house to approve amendments which delayed a move to criminalise breaches of family law injunctions made for personal protection.


2 min read

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Source: AAP



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