Legal Aid funding vital for changes: Labor

Draft laws banning people who have abused their partners from cross-examining them are being debated in federal parliament.

Labor is demanding that more funding for Legal Aid services be tied to draft laws to ban domestic violence abusers from undertaking traumatic cross-examinations of their victims.

Legislation is before parliament's lower house to prevent people, who bash or emotionally manipulate their partners, from directly cross-examining them in court.

The bill would ensure parties have legal representation to cross-examine witnesses instead, meaning judges may make judgements based on minimal information, if lawyers are unavailable.

Labor supports the measures but is seeking to add an amendment ensuring adequate funding for Legal Aid to take on the additional workload.

Shadow attorney-general Mark Dreyfus told parliament on Monday there was "nothing left in the tank" at Legal Aid offices around the country, with lawyers concerned that a lack of funding would prevent the ban from working effectively.

Labor MP Graham Perrett pointed to people who couldn't afford a lawyer nor qualify for Legal Aid.

"If there is no funding attached to this it will be useless," he said.

Mr Perrett said nearly half of the family law cases settled out of court occurred because victims feared being cross-examined by their abuser.

Liberal MP Jason Falinksi says the government is working with Legal Aid to assess resourcing issues and ensure adequate funding is available.

He said the legislation also provided options for video links and protective screens to be used in courts, so victims did not have to face their abusers.

"We can ensure the trauma does not continue and victims can seek appropriate services," Mr Falinksi told parliament.

Independent MP Cathy McGowan read out a letter from a woman known as Eleanor, who cannot be named for legal reasons.

She was cross-examined by her former partner despite an intervention order being in place at the time for her safety.

Eleanor says she underwent "intense system trauma", with her abusive partner metres away from her asking about their relationship, her parenting, social media accounts.

"It was a massive slap in the face, how could they give my rapist his power back over me?" Ms McGowan read.

"I will not rest until this law is amendment and I know that what I went through has some purpose."

Independent MP Bob Katter has indicated he will support Labor's amendment to take the legal changes a step further.

The legislation won't commence until nine months after getting the green light, giving courts time to adjust their procedures and for parties to find legal representation.


Share

3 min read

Published

Source: AAP



Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world