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Wage Theft In Silence - Why Migrant Workers Do Not Recover Their Unpaid Wages In Australia

"This report draws on responses from 4,322 migrant workers who participated in the National Temporary Migrant Work Survey, including over 2,250 participants who expressly acknowledged that they had been underpaid while working on a temporary visa in Australia."

 

Wage+theft+in+Silence+Report.pdf1.47 MB
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Family Law Pathways Network Newsletter August 2018

FLPN Newsletter August 2018

Welcome

Latest News

Sweeping changes to family court system

From the start of 2019, the Family Court and Federal Circuit Court will be combined in an attempt to speed up the process of settling family disputes by providing one court, one set of rules and procedures. It is hoped that the some 22,000 cases filed across the two courts will be able to reach trial sooner than the current 1.5 year period. It is expected an additional 8000 cases will be resolved each year due to the crossover in jurisdiction and procedures.

There has been scepticism from the legal community, predominantly due to the lack of consultation, and the proposed divisions within the new ‘super court’.

https://www.afr.com/business/legal/no-love-left-for-the-family-court-20180531-h10slo

http://www.abc.net.au/news/2018-05-30/sweeping-changes-to-family-court-as-broader-review-continues/9813434

 

Senate inquiry into dowry abuse in Australia to probe ‘devastating’ impacts on women

The Senate Standing Committees on Legal and Constitutional Affairs is assessing the adequacy of Australia’s family law and migration law systems in addressing dowry abuse, after media investigations uncovered a spate of horrific deaths resulting from the cultural practice. It will also consider the potential links of dowry abuse with family violence, forced marriage, modern slavery, as well as mental health outcomes for women.

The Committee is currently accepting public submissions, and will consult members from affected communities, advocates and peak body organisations. A final report is due back on 6 December 2018.

http://www.abc.net.au/news/2018-06-27/senate-inquiry-into-dowry-abuse-australia/9914684

 

Domestic Violence offenders no longer allowed to question abuse victims in Family Court

Legislation has been introduced by the Federal Government to eliminate the ability of self-represented litigants to cross-examine their victims during family law matters, in an attempt to curb community concern and avoid further trauma of victims. The changes mean that where there are clear allegations and/or convictions of violence, the perpetrator is unable to cross-examine the victim of the violence. Courts also now have the discretion to stop direct cross-examination where domestic violence is alleged, and are required to put in place extra protection for alleged victims if questioning is permitted.

http://www.abc.net.au/news/2018-06-28/domestic-violence-offenders-can-no-longer-cross-examine-victims/9915058

 

“Senior Sitter” ad sparks call for better vetting of aged care workers to reduce elder abuse

In response to a newsletter advertisement offering to mind seniors in clients’ homes on a freelance basis for payment, a Gold Coast solicitor is calling for Australia to introduce a coordinated system for screening people who work in the aged care sector, similar to Working with Children Checks. The solicitor has raised concerns as to the safety of the elderly who could be placed into the care of unvetted individuals, and a vetting process would help guard against elder abuse.

http://www.abc.net.au/news/2018-07-25/elder-abuse-blue-card-solution-for-aged-care-workers/10029304

 

Recent Publications

CFCA Paper: Diagnosis in child mental health

This paper encourages practitioners in the child and family welfare sector to examine their own understanding of diagnostic systems, and to critically reflect on the role diagnosis plays in their work. The diagnostic systems employed in Australia are still being debated, and emerging evidence suggests that certain mental health conditions may be overdiagnosed in children. The Paper finds that current diagnostic systems are not scientific certainties, rather are cultural tools to understand different varieties of psychological distress and impairment.

Full publication: https://aifs.gov.au/cfca/publications/diagnosis-child-mental-health/introduction

CFCA Resource Sheet: The intersection between the child protection and youth justice systems.

This resource summarises data collected linking the child protection system and youth justice supervision in Australia. It finds that young people in the child protection system are much more likely to be under youth justice supervision than the general population. The reasons for this are multiple and complex, and involve a range of risk factors including a history of maltreatment, social disadvantage, out-of-home care experiences, trauma and developmental delays.

While only a minority of young people involved in the child protection system were also under youth justice supervision in 2014–16, those who were represent a comparatively high proportion of the total number under youth justice supervision

Full publication: https://aifs.gov.au/cfca/publications/intersection-between-child-protection-and-youth-justice-systems

 

Training and Conferences

2018 National Family Law Conference

Registrations are now open for the annual National Family Law Conference, this year held in Brisbane. Speakers including current and past Justices, psychiatrists, psychologists and other experts will speak on a range of issues including Arbitration, Psychopathy, self-represented litigants, property disputes, and therapy for family violence perpetrators.

Date: 2-5 October 2018
Location: Brisbane Convention and Exhibition Centre
Registration and more information:
https://www.familylawsection.org.au/events/event/2018-national-law-conference-52

The Stanley Cohen Distinguished Research Award is sponsored by the Oregon Family Institute. The award was created to recognize outstanding research and/or research achievements in the field of family and divorce. The award is named for the late Dr. Stanley Cohen, founding member of AFCC who served as executive director and co-editor of the Review.

 

Children and young people in separated families: Family law system experiences and needs

Final Report 2018

Rachel Carson, Edward Dunstan, Jessie Dunstan and Dinika Roopani

Research Report— June 2018

This report sets out findings from the Children and Young People in Separated Families: Family Law System Experiences and Needs project, a qualitative study commissioned and funded by the Australian Government Attorney-General's Department (AGD). This study aimed to investigate the experiences and needs of young people whose parents had separated and had accessed the family law system.

https://aifs.gov.au/publications/children-and-young-people-separated-families-family-law-system-experiences

Direct cross‑examination in family law matters

Incidence and context of direct cross‑examination involving self-represented litigants

Rachel Carson, Lixia Qu, John De Maio and Dinika Roopani

This report sets out findings from the Direct Cross-examination in Family Law Matters project, which was commissioned and funded by the Australian Government, Attorney-General's Department. The project explores quantitative and qualitative data relevant to direct cross-examination involving self-represented litigants in family law matters, derived from court files and audio and transcripts of proceedings, collected from the Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCCoA), together with an analysis of relevant unreported judgments of the Family Court of Western Australia (FCoWA).

https://aifs.gov.au/publications/direct-cross-examination-family-law-matters?utm_source=AIFS+Mailing+List&utm_campaign=8ab6ba59a6-EMAIL_CAMPAIGN_2018_07_18_11_48&utm_medium=email&utm_term=0_3ad49f5cbc-8ab6ba59a6-211224197

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https://www.ourfamilywizard.com/

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Elder Abuse

The World Health Organisation refers to elder abuse as 'a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person'. 

In 2016, Legal Aid ACT made a submission to the Australian Law Reform Commission on the topic of Elder Abuse. This submission paper was titled 'Protecting the Rights of Older Australians From Abuse'. 

This year Legal Aid ACT received funding to launch a specialist legal service for older persons. If you are an older person seeking legal advice, please contact our Older Persons ACT Legal Service (OPALS).

Legal Aid ACT has also developed a number of factsheets on the issue of elder abuse. These can be downloaded from the Information and Education page. 

Submission_to_ALRC_Elder_Abuse_Issues_Paper_Legal_Aid_ACT.pdf970.88 KB
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Domestic and Family Violence

WE CAN HELP - call 6207 1874 or 1300 654 314 for an appointment.

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Free Legal Information. Driving under the influence & licensing matters.

DUI and Licensing 2018 schedule

Free legal information. Driving under the influence & licensing matters.

DUI_and_Licensing_2018.pdf165.85 KB