Domestic violence review released

The creation of new family violence protection orders for domestic violence victims is one of 73 recommendations made by the Law Reform Commission (LRC) in a comprehensive report tabled in State Parliament today.

The LRC consulted with 169 individual and agency stakeholders concerned with family and domestic violence and presented its findings and recommendations to Attorney General Michael Mischin last week.

Mr Mischin said it was likely the report entitled ‘Enhancing Family and Domestic Violence Laws’ would lead to some significant reforms in the way Western Australia’s legal system implemented and enforced domestic violence laws.

“Following the 2013 State Election, one of my first priorities was to consider sweeping changes to the way domestic violence victims are treated in the justice system,” he said.

“I asked the commission to examine current legislation and recommend potential reforms that would enhance the interests of domestic violence victims and ensure they are protected and promoted in State law.

“The commission has made wide-ranging recommendations on how to better protect victims and maximise their safety; ensure the swift and just handling of family violence matters by police and the courts; and to hold offenders accountable for their violent actions.

“I will consider its findings in detail and develop a package of reforms to take to Cabinet.”

One of the commission’s key recommendations is the creation of a specific domestic violence protection law, the Family and Domestic Violence Protection Order Act, which would mean family and domestic violence orders would be separated from the existing Restraining Orders Act.

Other recommendations are clearer definitions of what constitutes domestic violence and whether the term could be extended to cover other offences such as cyber-stalking, as well as ensuring family and domestic violence is treated as a criminal offence under the Criminal Code.