family violence

The Lighthouse Project and the Family DOORS Triage risk screen

In December 2020, the Federal Circuit and Family Court of Australia launched a pilot program called the Lighthouse Project. It has since been expanded and rolled out nationally to 15 registries across Australia.  So what is it?

The Lighthouse Project is the court's approach to screening and managing risk in family law matters, with a focus on improving outcomes for those involved in the court system.

If a party has filed an application seeking parenting orders (either parenting only or both parenting and property orders), they will be invited to complete a ‘Family DOORS Triage’ risk screening via a confidential online platform. This risk screening tool has been prepared specifically for use in the courts to identify the likelihood of harm or exposure to harm, either by a party or a child involved in the proceedings.

The risk screen takes approximately 15 minutes to complete; requires ‘yes’ or ‘no’ answers; and touches on possible safety risks, including family violence, mental health issues, child abuse or neglect, and drug and/or alcohol misuse.

Your answers to the risk screen cannot be used as evidence in your matter or used by your former spouse against you in the proceedings.

The court has a dedicated team that directs cases into the appropriate case management pathway, based on their assessment of risk in a matter. This team consists of specialised judicial registrars, triage counsellors (acting in the role of a family counsellor) and support staff trained in family violence and family safety risks.

If a matter is assessed as ‘high risk’, a Triage Counsellor may contact an individual in the matter for a telephone interview. The Triage Counsellor can also provide a tailored follow-up which may include a risk assessment, safety and wellbeing plans and referrals to support services. Again, this process is completely confidential, and the Judicial Officer presiding over your matter does not see this.

Where a matter is assessed as ‘lower’ or ‘medium’ risk, an individual may be offered safety planning and referrals to support services. 

Important things to know:

You cannot be asked to disclose whether or not you have undertaken the risk screening.

Your responses to the risk screen, the classification of your matter and any subsequent referrals are not used as evidence in a proceeding.

·        Information shared or provided by you to a Triage Counsellor in the course of conducting the risk screen cannot be disclosed or used as evidence.

Where one or both parties have completed the Family DOORS Triage and the matter is classified as ‘high risk’, the matter will be referred to an ‘Evatt’ Judicial Registrar who will consider whether the matter should be transferred to the Evatt list.

The Evatt list is a specialised list, to assist families who are deemed to be at high risk of family violence or other safety concerns.  In the Evatt list, the Court often engages in early case management intervention and information gathering at an early stage.  The Evatt list consists of a team of Judges, Senior Judicial Registrars and Judicial Registrars who are specially trained in working with families where significant or ‘high risk’ safety issues are identified.

If your matter involves ‘high risk’ features such as serious family violence; serious child abuse or a risk of serious abuse; significant alcohol or drug misuse; mental health issues which have caused harm or pose a serious risk of harm to others; or where there have been recent threats or attempts to abduct a child, it is worth obtaining advice from a lawyer about the conduct of your matter. Matters involving ‘high risk’ features are often complex and require a nuanced and strategic approach.

Our lawyers here at R+M Law are experienced in providing tailored advice to individuals with ‘high risk’ features; and have regularly run matters in the Evatt List. Contact R+M LAW today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online with one of our experienced family lawyers.

ACT Reforms: Family Violence Lease Terminations and how they may impact you

On 10 December 2024, a number of reforms to the Housing and Consumer Affairs Legislation Amendment Act 2024 came into effect in the ACT. The reforms are aimed at increasing safety measures for renting families experiencing family violence. If you have experienced family violence, you can now break your fixed term lease immediately and without penalty.

To end your lease immediately and without penalty, you must complete a ‘family violence termination notice’ and provide notice to your landlord or managing real estate agent in writing, by email, post or in person. The family violence termination notice is available on the ACT Government website and via this link.

You may end your tenancy agreement on the vacating date in your notice. Rent is payable up until your vacating date, but you will not be subject to any break lease fees.

To establish a ‘family violence termination’ as a tenant, you will need supporting documentation; such as a family violence order, a family law order (being an injunction under section 68B or section 114 of the Family Law Act 1975 (Cth)) or a declaration by a competent person (such as a mandated reporter if dependent children are involved, DVCS employees, CYPS employees or eligible social workers).

Upon providing notice and your supporting documentation, your landlord will not be able to ask for any further documentation and is subject to certain confidentiality requirements. Your landlord is only able to share your family violence termination notice with a limited number of people, including their agent, an employee of their agent and the ACT Government. Your landlord is also able to share the notice with their lawyer, to obtain legal advice.

Your landlord cannot inform any co-tenant that you are leaving prior to your vacate date - any co-tenant will be informed within 7 days following your vacate date. The landlord must issue a co-tenant with a ‘notice of continuing tenancy’ which will alert the co-tenant to the fact you have provided the landlord with a family violence termination notice. The co-tenant may then choose to continue their tenancy agreement (paying the full rent for the property), or end their tenancy agreement (subject to any applicable notice periods). This form is available on the ACT Government website and via this link.

For those living in Housing ACT properties, you should not complete a family violence termination notice unless you have found alternate housing outside of your public housing tenancy. Housing ACT has a number of other supports available to those experiencing family violence - see more via this link.

If you are a victim of family violence or need assistance in navigating leaving a relationship safely, you can make an appointment with one of our experienced family lawyers at Robinson + McGuinness. To arrange an appointment by email contact us at info@rmfamilylaw.com.au or call us on 02 6225 7040 or get started now online.

For family violence support and assistance, contact 1800 RESPECT via the National Helpline on 1800 737 732.

Author: Anika Buckley, Associate