Offenders who commit aggravated breaches of court orders aimed at protecting victim survivors of domestic and family violence, will face longer sentences, under laws passed by NSW Parliament.
The laws introduce an intentional breach of ADVO offence, for serious or harmful breaches, which carries a maximum penalty of three years’ imprisonment.
There’s also a persistent breach offence, for repeated breaches over a short period, with a maximum penalty of five years.
Also included in the legislation, is a new Serious Domestic Abuse Prevention Order. The government says these will be a tool to monitor very high-risk offenders and impose any conditions considered appropriate to keep family members, as well as former, current or future partners safe.
The reforms encompass a new definition of stalking, to include tracking someone’s movements through GPS, provisional AVOs issued electronically and allowing sole parents with an appropriate court order to change their child’s name.
Attorney General Michael Daley says the measures will strengthen the justice system.
“We will continue to consult legal and sector stakeholders as we seek to improve laws and justice system responses to domestic violence,” he says.
Erin Hunt, Senior Policy Officer at Domestic Violence NSW says she hopes the reforms will help protect victim survivors and their families.
“We also hope that these changes will send a strong message to perpetrators that ongoing abuse will not be tolerated and will result in consequences from the justice system,” she says.
Ms Hunt has described recent reforms as a positive first step, adding “we hope to maintain the momentum for further improvements in justice responses, we cannot afford to stop here.”
DVNSW wants the government to commit to ongoing funding for a support service run by the Women’s Domestic Violence Court Advocacy Service, for victim survivors attending court hearings.
Meanwhile, Attorneys General from across the country have met to discuss the allocation of $3.9 billion in Commonwealth legal assistance for domestic violence.
The funding was announced at a recent meeting of National Cabinet.
In NSW, Legal Aid has experienced a 61 per cent increase in duty lawyer services for its Domestic Violence Unit and a 36 per cent increase in calls to its hotline.
Ahead of the meeting, National Legal Aid Acting Executive Director Aleasha Kelly said the extra funding was essential.
“[W]e are hoping this (funding) will assist us in better meeting the legal representation needs of victim-survivors of gender-based violence.
“The crisis in funding for legal assistance services means that Legal Aid Commissions have to turn some people away because these Commissions can only work with the most disadvantaged people in Australia,” she says.