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Intervention orders no protection in rural Victoria
26 November 2004
Family violence victims in rural Victoria do not have faith in the state’s intervention order system to protect them, Victorian Law Reform Commissioner Judith Peirce said today.
Ms Peirce was launching a Commission consultation paper that explores problems with the intervention order system and proposes possible improvements. The paper is part of the first complete review of the intervention order system, which has operated in Victoria for the past 17 years.
“The Commission has spent the past year talking to people across the state and we were frequently told that intervention orders were not worth the paper they are written on,” Ms Peirce said.
“For some people they work, but for many others problems with getting an order, enforcing it and prosecuting breaches has led to an erosion of faith in the system.”
“The realities of living in a small town come into play. People who experience violence may not apply for an order because they don’t want everyone in town to know about the abuse. People applying for an order may encounter court staff who know the person who has used violence and may try to talk them out of making an application.
“When trying to get help from Legal Aid lawyers, applicants may find they are unable to do so because the lawyer has acted for or is acting for the person who has used violence.
“Rural areas also tended to have problems associated with inadequate court facilities. Applicants can find themselves in the same waiting room as the person who has used violence against them, with little or no security arrangements in place.
“We also heard that access to family violence support services in rural areas is limited, forcing people to wait, do without, or travel long distances for help.
“In our consultation paper we’ve detailed all the areas where problems occur, and ask people how the system could be improved. We need to think about how the justice system overall can best protect people from family violence.
For more information see the Family Violence Consultation Paper Fact Sheets.