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Those convicted or charged with serious domestic violence offences in NSW will have conditions imposed on their behaviour for up to five years, under new court orders inspired by the current approach to organised crime.

As part of a series of measures to go before parliament this month, the NSW Government will introduce ‘Serious Domestic Abuse Prevention Orders’. 

The new orders are based on ‘Serious Crime Prevention Orders’, which are used to combat organised crime. 

The orders will allow the Police Commissioner of the Director of Public Prosecutions to seek conditions aimed at preventing domestic abuse and could include a requirement to inform police about the use of dating profiles. 

Individuals will be eligible for the orders if they have been convicted of two or more offences carrying seven-year prison terms or higher, or those charged with a ‘serious domestic violence’ offence against a relative or current or former intimate partner. 

Erin Hunt is the Acting Senior Policy Officer at Domestic Violence NSW and is broadly supportive of the change. 

“I think overall, it’s a positive step,” she says. 

Hunt says the orders are about imposing obligations, as distinct from Apprehended Domestic Violence Orders, which are about prohibiting behaviour. 

She believes the detail and implementation will be key. 

“I think what we would like to see is a very consistent and strong justice system response. 

“We definitely want to be sending that message to perpetrators that if you do perpetrate domestic violence, these are the consequences, they’re harsh,” she says. 

The government is also amending the definition of stalking, to capture the use of GPS trackers or monitoring a person online. 

Almost two-thirds of domestic violence homicides happen in the context of a separation. 

The lead-up and immediate aftermath of a separation is considered especially dangerous for women with abusive partners. 

“Almost 75 per cent of men stalked their former partner, once the relationship had ended,” says Hunt. 

“It’s a positive thing to see that the legislation is trying to capture all the ways that a victim survivor can be stalked in that post-separation period.” 

Breaches of a prevention order will carry a maximum penalty of five years’ imprisonment and/or a $33,000 fine. 

“This prevention order is designed to identify those high-risk perpetrators and put these obligations around their behaviour in order to mitigate the risk for, it could be their current partner, it could be an ex-partner (or) any future partners,” says Hunt. 

Hunt is encouraged by the changes announced so far, but also wants to see long-term commitments to programs such as the pilot of DV support workers in courts hearing domestic violence matters. 

“We recognise that as a critical part of ensuring that the justice system becomes more trauma-informed in its care of victims,” she says.