Crimes (Domestic and Personal Violence) Bill 2007

The Hon. PENNY SHARPE (Parliamentary Secretary) [3.52 p.m.], in reply: I thank all members who contributed to this debate. I note that the bill has widespread support across the House. Before I reply to the various issues raised by members, it is important that I comment on the Government's initiatives in relation to domestic violence generally. Domestic and family violence is an abhorrent crime that impacts mainly on women and children in the place in which they should feel the most safe: their home. It has a devastating effect on the lives of individuals and also a profound impact upon the economy. Members have referred to various statistics and costs. It is estimated by Access Economics to be costing our country $2.8 billion a year. The bill is another piece of the puzzle that the Government has put in place to deal with violence against women at home and matters relating to sexual consent.

Labor has introduced a number of measures in this regard. The Government has given police extended powers to apply for 24-hour telephone interim apprehended violence orders, and police can now apply for apprehended violence orders on behalf of a victim who is reluctant to proceed. The Government will provide $28 million over four years to improve support for victims by increasing counselling, accommodation and support, ensuring the provision of integrated case management and continuing the successful domestic violence court intervention model. In the recent budget the Treasurer announced that $16.8 million will be invested over four years to support victims of family and domestic violence. This includes support for integrated domestic violence case management projects, the expansion to 18 sites of the successful Staying Home, Leaving Violence Program, funding for the domestic violence court intervention program at Wagga Wagga and Campbelltown, and funding for the Women's Domestic Violence Court Assistance Scheme. Victims of domestic violence and sexual assault will also benefit from the budget's almost $8 million upgrade of two video conferencing, closed-circuit television and remote evidence witness facilities that are being rolled out across New South Wales. These can assist to reduce the trauma of appearing in court for vulnerable witnesses.

The Office for Women plays a strong role with regard to domestic violence. It funds programs aimed at educating young women about violent relationships. These include an educational program for high school students to assist young people to develop safer relationships, and a short DVD for young women about early warning signs of potentially abusive relationships. Staff from the Office for Women recently facilitated a very successful meeting between sector stakeholders and New South Wales Police about their initiatives to improve their response to domestic violence. Importantly, police sought feedback from the sector about its standard operating procedures and officer training across the State to make sure that they can deal more effectively with violence against women and children at home.

Recently the Government announced a review of the strategy to reduce violence against women. The Premier's aim in establishing this review is to establish central coordination of domestic and family violence policies and programs at the heart of government, within the Department of Premier and Cabinet. As part of this commitment, the review will look at the existing strategy together with other major programs and recommend how the current structures and resources may best be used in the future. The review is being overseen by a steering committee of New South Wales government chief executive offices and convened by the chair of the Human Service and Criminal Justice Chief Executive Officers.

In relation to the provision of additional resources, some members commented on the Federal Government's violence against women campaign. Whilst it was a good campaign, no additional funding was made available for the provision, for example, of women's refuges. The new Rudd Labor Government has already committed increased funding for the provision of homeless services, including refuges for women and children to escape domestic violence. We look forward to that money coming our way in New South Wales.

The Hon. John Ajaka argued that penalties for vexatious apprehended violence order applications should be increased. It is important to note that there are currently not offences in New South Wales legislation for vexatious applications. Offences for vexatious applications are problematic and unnecessary. The proposal is unnecessary because offences already exist that apply to persons who cause public mischief or make a false allegation. These offences require an appropriate mental element and cover situations where a deliberate false accusation is made. They also carry maximum penalties that include prison terms. It is problematic, given the circumstances under which an apprehended violence order application is likely to be made; it is quite possible that some applications that have no merit are made without any malicious intent. This sort of behaviour should not constitute a criminal offence, though it may justify an award of costs against the complainant. The Government believes that such an offence would simply have the effect of discouraging victims from applying for orders.

The Law Reform Commission considered closely the question of malicious and vexatious claims in Family Court proceedings and came to the conclusion that there was no evidence to support the claim. In considering what order to make the court must ensure that the parenting order is consistent with any apprehended violence order and does not expose a person to an unacceptable risk of family violence. Furthermore, in determining what is in a child's best interests, the court must consider, among other things, any family violence involving, or any apprehended violence order that applies to, the child or a member of the child's family. A claim of domestic violence does not necessarily impact on family law proceedings. The Government believes that anyone who hears of such extremely unethical behaviour should alert the Law Society.

Ms Lee Rhiannon raised the issue of a separate Act. In 2003 the New South Wales Law Reform Commission looked at the issue of separate legislation and recommended at that time that the apprehended violence order provisions remain in the Crimes Act for the time being. However, it recommended that the question of separate apprehended violence order legislation be revisited at a later date. During the present session the Government will introduce a substantial number of reforms to apprehended violence order legislation in order to update the existing part 15A and to provide improved protection to victims. This will provide a good opportunity to revisit whether there should be a separate Act dealing with domestic violence issues.

There have been many amendments and additions to domestic violence legislation over many years and, as a result, the drafting has been somewhat piecemeal. As noted by the Law Reform Commission, the construction of part 15A is confusing and unwieldy. Many of the provisions are difficult to navigate and are cumbersome. Additional difficulties arise for practitioners and police as to what procedural legislation applies. For example, the Criminal Procedure Act 1986 does not apply to apprehended violence orders, rather the Local Courts (Criminal and Applications Procedure) Rule 2003 applies.

To make matters clearer and avoid error and cross-referencing, a separate Act was drafted to create a one-stop domestic violence legislation. The new Act will contain an application process for apprehended domestic violence orders and apprehended personal violence orders, a procedure for revocation and variation, an offence of contravene an apprehended violence order, service provisions and cost provisions. The creation of a stand-alone Act for apprehended violence orders means that the Act is easier to amend as future amendments would be less likely to have unintended consequences on the provisions in the Crimes Act. This is also a similar process that is in place in other jurisdictions across the country.

The Government knows there are differing views on a separate Act versus an integrated Act, but I think it is important to note that there has been extensive consultation in relation to this bill. The Government has consulted with key stakeholders on the draft bill, including the Legal Aid Commission, the Police Force, the New South Wales Police ministry and the Domestic Violence Advocacy Service. There has been further consultation with the Chief Magistrate, the Director Of Public Prosecutions, Commissioner for Police, the Legal Aid Commission and the Apprehended Violence Legal Issues Coordinating Committee. That committee also includes the Department for Women, Local Courts and key services such as the Domestic Violence Advocacy Service and the Women's Domestic Violence Court Assistance Scheme.

Ms Lee Rhiannon asked what constitutes a domestic relationship. A "domestic relationship" is defined in the bill at new section 5. A domestic relationship includes the relative of a person in need of protection. A "relative" is defined at new section 6 and includes natural children and stepchildren, amongst others. Importantly, the provision to include children on apprehended violence orders includes the test that the court must be satisfied that there are good reasons not to include a child. It may well be, depending on the facts of the case, that a relative-for instance, a step-child-should not be included on the apprehended violence order for good reasons. For example, it may be the case that the child visits very infrequently and may not be deemed to be at risk.

This bill contains a very important protection for children in response to the argument about adverse impacts on children who have to appear in court. The amendments ensure that in proceedings relating to apprehended violence orders either for the protection of a child or a child as a witness, the court is to be closed to the public in all cases but for an exceptional few. The Government is committed to protecting children and is also committed to keeping them out of the courtroom. That is why the new section must be subject to section 41, which states that a child should not be required to give evidence in any manner about the matter unless the court is of the opinion that it is in the interests of justice for the child to do so. Likewise, any order made under the new section will have to have regard to section 42, which deals with relevant parenting orders that determine contact between the protected person, or between the defendant, and any child of either of those persons.

This bill ensures that domestic and personal violence is given the utmost priority in the legal system and ensures that the community, most specifically women and children, will be adequately protected and will feel assured that all is being done to prevent violence from being perpetrated upon them. At the same time, the Government's bill provides balance so that the rights of the defendant are considered along with the need for protection of the community. I again thank members for their contributions to the debate. I commend the bill to the House.