Family and domestic violence fatality reviews

From 1 July 2012, the Ombudsman will commence a new role to review family and domestic violence fatalities.

What fatalities will be reviewed by the Ombudsman?

In undertaking this role, a family and domestic violence fatality is any death that is caused directly or indirectly by a person who was in a family or domestic relationship with the deceased. A family and domestic relationship means a relationship between two people:

(a) who are, or were, married to each other;

(b) who are, or were, in a de facto relationship with each other;

(c) who are, or were, related to each other;

(d) one of whom is a child who —

(i) ordinarily resides, or resided, with the other person; or

(ii) regularly resides or stays, or resided or stayed, with the other
      person;

(e) one of whom is, or was, a child of whom the other person is a guardian; or

(f) who have, or had, an intimate personal relationship, or other personal
     relationship, with each other.

Other personal relationship means a personal relationship of a domestic nature in which the lives of the persons are, or were, interrelated and the actions of one person affects, or affected, the other person.

Related, in relation to a person, means a person who —

(a) is related to that person taking into consideration the cultural, social or religious
      backgrounds of the two people; or

(b) is related to the person’s —

(i) spouse or former spouse; or

(ii) de facto partner or former de facto partner.

What is the role of the Ombudsman in relation to family and domestic violence fatalities?

The Ombudsman has a number of functions in relation to family and domestic violence fatalities:

  • Reviewing the circumstances in which and why family and domestic violence fatalities occur;
  • Identifying patterns and trends that arise from reviews of family and domestic violence fatalities; and
  • Making recommendations to public authorities about ways to prevent or reduce family and domestic violence fatalities.

The Ombudsman will also comprehensively report on the undertaking of these functions.