Review of NSW Legal Protections for Victim-Survivors of Forced Marriage
In December 2023, The Salvation Army provided a submission to Have Your Say NSW regarding the review of NSW legal protections for victim survivors of forced marriage.
The Department of Communities and Justice are seeking feedback on a review of the NSW laws that protect people against forced marriage. In this submission, The Salvation Army outlines forced marriage as a manifestation of family violence, and outlines some of the systemic changes that we believe must accompany the proposed legislative reforms in order to promote the safety and wellbeing of victim-survivors. We urge the need for prevention and response efforts to instances of forced marriage to be well-informed, culturally competent, and collaborative and integrated.
The Salvation Army has been providing support to victim-survivors of modern slavery – including forced marriage – since 2008 through our Trafficking and Slavery Safe House in New South Wales (NSW). The Salvation Army also operates family violence services in almost all states and territories across Australia, providing support including refuge, children’s and parenting services, counselling, men’s programs, accommodation, and advice. It is from the experiences of our clients, as well as those of our frontline staff, that we approached this submission.
This submission responds to questions nine through 11 of the Review’s discussion paper. We do not offer a view on legislative changes as outlined in the Review, but instead focus on what our practice demonstrates needs to be done to ensure sufficient support for victim-survivors and understanding within the community of forced marriage.
This submission covers:
- Better supporting victim-survivors to have protections under AVOs through improved education and training, and prioritising collaborative responses to instances of forced marriage.
- Additional guidance for victim-survivors and support services regarding AVOs, particularly related to easy read guides and resources outlining an individual’s rights around marriage and distributing these resources widely and in a variety of languages.
- Barriers to protections for specific cohorts, particularly people who have recently migrated to Australia, members of the LGBTIQA+ community, and people living with a disability.
The Department of Communities and Justice will review submissions and prepare a report to the Attorney General. The date of final report is unknown.