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Gender-based Approach Misses the Mark in Tackling Family Violence : Comments
By Roger Smith, published 25/11/2010On White Ribbon Day, we condemn violence against women. We should also condemn it against men.
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Where in the child protection laws of any State does it give powers to psychologists to investigate child abuse and domestic violence.?. Please give references. There is a vast difference between `recognising' child abuse and actually proving it has occurred to a legal standard of proof of `a balance of probabilities' at the extreme end of that scale (Briginshaw and Briginshaw). What Family Courts are accepting, despite clear standards regarding expert testimony, is uninformed,inexpert, and amateurish testimony of psychologists and psychiatrists.
Psychologists may occasionally encounter child abuse in the course of their work, but if they do so then they are mandatorily required under State laws to report their concerns to those legally appointed services. Failure to do so could result in disciplinary action by their registration body, as acting beyond the confines of their role and responsibilities as determined by those bodies. I note that you resport now to sarcastic asides and insulting invective, clesar indicators that the individual is aware they are losing the debate.
@Rocsop – “The words “consider” and “investigate” are not synonyms.” – of course they are not synonyms, but how do you competently `consider’ without first obtaining the facts being carefully and forensically investigated by someone with the competence and legal duty to do so. But then Rocsop, you never allow the facts to get in the way of irrational and ill-informed opinions.
Chief Justice Bryant is correct that Family Courts do not have the role or investigatory capacity or role in investigating child abuse and violence, that is why when such matters are raised they should be referring such matters for investigation by the statutory authorities appointed by the State to thoroughly investigate such matters in order to obtain the facts for them to CONSIDER, before making findings and determinations. Your knowledge of the law is more about naval-gazing semantics than its application in a reasoned and logical manner