Perceptions about ‘forum’ impacting a complainant’s understanding of orders made

We received a complaint about the conduct and capacity of an Officer in a family violence
intervention order proceeding. The complainant alleged, among other things, that the Officer’s incapacity was demonstrated by a ‘complete disregard’ for the law and comments showing a misunderstanding of family violence.

We listened to the audio recordings of the proceeding. The Officer determined the issues in the proceeding concerned a family law-based dispute rather than family violence, and the Magistrates’ Court was not the appropriate venue. The Officer dismissed the applications and said, ‘this court … will never be used as a back door into the family court’.

We found no basis for the complaint about the Officer’s incapacity. Rather, the complaint, in effect, sought to challenge the Officer’s assessment and application of the Family Violence Protection Act 2008. It is part of the judicial function to assess family violence intervention order applications, apply the legislation and determine whether the court has jurisdiction to deal with a proceeding or issues in a proceeding.

We dismissed the complaint on the basis that it related solely to the merits or lawfulness of the Officer’s decision.