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Family violence laws fail victims
1 March 2006
Victoria needs new laws and a new approach from police and courts to protect victims of family violence, the state’s Law Reform Commission said today.
“During our review we heard that the intervention order system lets women down too often, leaving them in fear of their safety,” Law Reform Commissioner Judith Peirce said.
“We have released a report that makes 153 recommendations to protect victims of family violence by introducing a new Act, improving police and court processes, and updating education and training.
“The intervention order system still has worth as a response to family violence but it needs to be more accessible, and once victims have an order it needs to be enforced by police and the courts.
“Safety of victims should be the system’s number one priority, from the way the legislation is worded, to the police investigations to court hearings and sentencing.
“Victoria Police has already gone a long way to improving its response to family violence with its 2004 Code of Practice but this should be independently reviewed in the next few years to ensure it’s achieving its aims.
“We have recommended training for police, registrars and magistrates in the dynamics of family violence, its myths and stereotypes and barriers to the intervention order system, especially those faced by Indigenous people, immigrants, and people with disabilities.
“Police should establish a special family violence prosecution unit which provides support for victims, apply for more emergency orders after hours, improve evidence gathering at incidents they are called to and prosecute more intervention order breaches.
“Courts need to be more responsive to victims from the moment they apply for an order. Victims should have private areas to tell their story to registrars, court buildings should not expose them to danger before or during hearings, and intervention orders need to be tailored to their situations.
“People using the system need access to legal advice and representation and our community legal centres should be funded to provide this. Intervention order application forms and the orders themselves should be written in plain English so victims and perpetrators can understand them.
“Recommendations in our Police Holding Powers Interim Report have already been implemented in a Bill introduced into parliament shortly after the report was released in August 2005. These allow police to hold family violence perpetrators for six hours while they apply for an intervention order.