Tania Maxwell MP, Hume Riverina Community Legal Service and the Centre Against Violence are pressing the state government to establish a Specialist Family Violence Court and Legal Aid office in the North East.

The Derryn Hinch’s Justice Party Member for Northern Victoria put a motion to Parliament on August 4 in which she spelt out the sustained incidence of family violence across the region.

Ms Maxwell said Crime Statistics Agency data to March 31, 2022, showed the number of family incidents exceeded the state average by 46 per cent Wodonga, 56pc in Wangaratta and 92pc in Benalla.

Compared with an average 1360 family incidents per 100,000 people in Victoria for the period, police and other agencies recorded 1994 incidents in Wodonga, 2116 in Wangaratta and 2611 in Benalla.

“Victoria’s royal commission into family violence made 227 recommendations to reduce this dangerous and sometimes deadly abuse,” Ms Maxwell said.

“Among these was a priority call for victims and perpetrators in rural and regional communities to be given better access to support and services.

“But seven years later, when we’re seeing persistent incidents across our communities, there’s still no specialist family violence court or Victorian Legal Aid office in Wodonga or Wangaratta and no support services in local courts for a region that’s home to almost 140,000 people.

“The intensive help provided by these services is vital so families can be supported in safety and access referrals and counselling.”

Ms Maxwell told Parliament that women experiencing violence were 10 times more likely to face legal problems than others in the community.

“The absence of a specialist family violence court and Legal Aid office in the North East limits the use of resources available to victim survivors and perpetrators of family violence,” she said.

“Perpetrators also often engage with a number of legal services as a means of exercising coercive control by setting up a conflict of interest that denies their victim access to legal help.

“This forces victims to travel, if they can, adding to their trauma and cost. The nearest specialist family violence court is in Shepparton, which is almost two hours by car from Wodonga and much longer if you have to use public transport.”

Hume Riverina Community Legal Service acting principal lawyer Alison Maher said the absence of a specialist court and Legal Aid was “a serious injustice”.

“Having a specialist family violence court in our region would improve the safety of victim survivors and better hold perpetrators of family violence to account,” Ms Maher said.

HRCLS was forced in the last financial year to turn away more clients than it was able to help.

“We are the only free legal service in our region and just don’t have the resources that are needed.

“We particularly see this with our family law appointments, where we are booked out weeks in advance.

“More than 80pc of our clients experience or are at risk of experiencing family violence.”

Centre Against Violence chief executive office Jaime Chubb said she fully supported the push for a specialised family violence court and legal aid office in the North East.

“Navigating the legal system for people experiencing family violence is extremely overwhelming, confronting and confusing,” Ms Chubb said.

“Specialist courts are designed to prioritise the safety of victims and hold perpetrators accountable.

“They also promote changes in behaviour and attitudes. With specialist staff and support services on site, the entire family can be supported through this extremely difficult time.”

Hume Riverina Community Legal Service statement

Hume Riverina Community Legal Service (HRCLS) Acting Principal Lawyer Alison Maher said victim survivors and perpetrators of violence in North East Victoria are missing out on vital resources currently available in metropolitan and other regional areas across the State. A Specialist Family Violence Court and Victoria Legal Aid office established locally would help solve these issues. 

“This is a serious injustice and must be addressed,” Ms Maher said. “Having a Specialist Family Violence Court in our region would improve the safety of victim survivors and better hold perpetrators of violence to account.”

Ms Maher welcomed Member for Northern Victoria Tania Maxwell calling on the Victorian Government to address the gap in North East Victoria.

“We are pleased Ms Maxwell has recognised the need for improved resourcing for local victim survivors and perpetrators and that she has raised this important issue in Parliament and called for immediate action,” she said.

A Specialist Family Violence Court provides the range of supports crucial for victim survivors and perpetrators of violence, including specially trained workers. “In Specialist Courts, there are family violence practitioners who provide intensive assistance, such as making appropriate and timely referrals to community agencies. There are currently no support services in our Courts,” Ms Maher said.

Ms Maher said the safety of victim survivors is paramount, at a time of extreme vulnerability and stress.

“Specialist Family Violence Courts can have purpose built environments to maximise safety and choice,” Ms Maher said. “These can include separate entries and exits, safe waiting areas and interview rooms and child friendly spaces. It is important that victim survivors feel safe and comforted in what is often described as the “worst day’.”  

Magistrates, Registrars, lawyers and support workers also receive specialist training. Ms Maher said Magistrates in Specialist Family Violence Courts also had different powers to those in Magistrates’ Courts, including being able to hear different matters together, instead of them being listed for another time.

“In the Specialist Family Violence Court, Magistrates can also make Orders mandating perpetrators to attend counselling, which can really hold a perpetrator to account,” Ms Maher said.

In the past five years, the number of people contacting the free legal service has been growing annually, and from 1 July 2021 to 30 June 2022, HRCLS was forced to turn away more clients than they assisted.

“It is devastating that we are turning away more people than we can assist.  We are the only free legal service in our region, and just don’t have the resources that are needed.   We particularly see this with our family law appointments, where we are booked out weeks in advance.” Ms Maher said. 

“More than 80% of our clients experience or are at risk of experiencing family violence,” Ms Maher said. “With the increased rates of family violence, we do not see that the need for legal assistance will decrease. This is of course not just a regional issue, but our clients are significantly disadvantaged by the lack of free legal services. A local Victoria Legal Aid service would help ease the burden.” 

Ms Maher said people who could not get an appointment for free legal help from a HRCLS lawyer would most likely end up speaking over the phone with a lawyer based in Melbourne. “We know our clients don’t want this,” she said. “They want a local face that they can trust, not a call centre with lengthy waiting times.”

It is also problematic the region has only few private lawyers on the legal aid panels. “Referrals are often extremely difficult to make due to the lack of practitioners and capacity to take on new matters,” Ms Maher said. “Conflicts of interest are also common in our region, meaning people can’t get legal assistance from our service.

“We need change. This is not a good position to be in and there are too many people who are missing out on legal assistance and support services at a time when they are most needed”. 

Centre Against Violence statement

Jaime Chubb, CEO of the Centre Against Violence, fully supports the push for a specialised service in Northeast Victoria.

“Navigating the legal system for people experiencing family
violence is extremely overwhelming, confronting, and confusing,” she said.

“Specialist courts are designed to prioritise the safety of victims and holding perpetrators accountable.

“They also promote changes in behaviours and attitudes. With specialist staff and support
services on site, the entire family can be supported through this extremely difficult time.”