Hon Simon Power
Minister of Justice
On-the-spot protection orders become law

A law aimed at further protecting victims of family violence was passed into law last night.

The Domestic Violence (Enhancing Safety) Act strengthens the responsiveness of criminal justice agencies to victims of domestic violence.

It amends the Domestic Violence Act 1995, the Sentencing Act 2002, and the Bail Act 2000.

"The most significant change is to the Domestic Violence Act with the introduction of police safety orders.

"Police will now be able to issue orders on the spot to ensure the immediate safety of victims by removing the alleged violent person from the home for a period of up to five days.

"Police will issue these orders in situations where there is an insufficient basis to arrest but where they believe there is a likelihood of domestic violence occurring, and an order is necessary for the safety of the victim.

"This will provide a period of safety in which victims can consider their future options, including the possibility of a court protection order.

"Another important feature of the law is the amending of the Sentencing Act 2002, to enable the criminal courts to issue a protection order on the behalf of victims in cases where an offender is sentenced for a domestic violence offence.

"Both of these provisions will be enacted from 1 July next year to allow police and the courts time to develop operational processes and undertake training.

"This will ensure a smooth transition from the legislation to day-to-day policing practice and court management of domestic violence matters."

The other provisions of the Act come into force on enactment.

The law also:

• Removes from the Domestic Violence Act the two-tiered penalty structure for breaches of protection orders, leaving only the maximum penalty of up to two years' imprisonment.

• Provides a penalty of up to six months' imprisonment for failing to attend a court-ordered programme.

• Repeals the statutory criteria that police have to take into account when considering whether to arrest, without warrant, a person who they suspect has contravened a protection order. This means the approach taken by police will be the same as for any other offence when an arrest without warrant is being considered.

• Allows police to impose any conditions considered reasonably necessary to protect any particular person residing with the victim, such as children, new partners, or elderly parents.

"This law provides useful tools in expediting the response of the criminal justice sector to domestic violence," Mr Power said.

"The police safety orders will provide immediate protection for victims, while making it very clear to the person who has allegedly committed the violence that their behaviour will not be tolerated.

"This law is predicated on the belief that there is still more that can be done to protect victims of family violence and help prevent them from becoming just another statistic."

ENDS

© Scoop Media