Stronger protections for victim-survivors of domestic and family violence have been announced today by the NSW Labor government, among a suite of significant reforms.
The reforms include new offences to respond to danger posed by repeated and intentional breaches of Apprehended Domestic Violence Orders (ADVOs), to be introduced to Parliament in September.
The current offence of breaching an ADVO carries a maximum of 2 years’ imprisonment and/or a $5,500 fine. The new offence for knowingly contravening an ADVO will carry a maximum of 3 years imprisonment and/or an $11,000 fine.
The new persistent breach offence will be directed at repeated breaches of an ADVO. Where a person knowingly contravenes an ADVO three or more times within a 28-day period, it will be punishable by up to 5 years imprisonment and/or a $16,500 fine.
In a statement, the government said these additions reflect the fact that persistent breaches of an ADVO in a short timeframe indicate an escalation of behaviour and therefore a greater risk.
“Too many lives have been lost to domestic and family violence,” said Jodie Harrison, Minister for the Prevention of Domestic Violence and Sexual Assault.
“These proposed reforms strengthen existing protections to keep victim-survivors safe, while the new Serious Domestic Abuse Protection Orders help reduce the future risk of violence.”
Pointing to the “shocking rates of domestic and family violence” currently happening in the country, Dr Hannah Tonkin, the Women’s Safety Commissioner said these reforms are in response to the community’s call “for wide-ranging action”, and that they include “measures to prevent violence as well as stronger accountability for perpetrators”.
The NSW Government will introduce Serious Domestic Abuse Prevention Orders (SDAPO), which responds to organised crime and allow the court to impose any conditions considered appropriate to prevent the person’s involvement in domestic abuse.
This includes positive obligations such as a requirement to inform police of any dating profiles they create or use. Criminal offences will see a maximum penalty of five years imprisonment and/or a $33,000 fine.
The definition of ‘stalking’ will also be updated, to more clearly cover technology facilitated tracking or monitoring conduct. This means the use of GPS trackers or monitoring a person online will be captured under the Crimes (Domestic and Personal Violence) Act 2007, in the same way ‘in person’ conduct currently is.
And bringing NSW into line with other jurisdictions, the Births, Deaths and Marriages Registration Act 1995, will be amended to allow a sole parent to change their child’s name, if they have a Family Court order authorising them to do so.
Currently under the Act, (in most cases) both parents must apply to change a child’s name, but this can pose a safety risk to victim-survivors of domestic violence who then must re engage with the perpetrator. It also makes the applicant’s contact details accessible to the perpetrator or reveals the child’s new name –undermining the desire to change a child’s name for protective reasons. The amendment aims to resolve this issue.
“Everyone should be able to feel safe in their own home, but all too often for many that is not the case. When that right has been taken away from someone, these laws aim to support victim-survivors in feeling and being safe again,” said NSW Premier Chris Minns, adding that he hopes these laws send the message to victim-survivors that their safety “is the priority of the NSW justice system”.