❓ Hon Michelle Boylan questions the Attorney General on the delay in introducing coercive control legislation in WA, while the response outlines the government's phased approach, existing protections, and investments in education and support services. The President suggests the Parliamentary Secretary review standing order 106.
AnsweredQoN 627Legislative Assembly
QuestionView source ↗
Coercive control legislation
627. Hon Michelle Boylan to the parliamentary
secretary representing the Attorney General:
I refer to the years
of advocacy and national momentum dedicated to coercive control
criminalisation.
(1) What is the reason that Western Australia is
yet to introduce coercive control legislation, noting that Tasmania, New South
Wales and Queensland already have?
(2) What protections are in currently in place for
victim-survivors of coercive control?
(3) What risk assessment on the consequences of
this legal gap has been undertaken?
(4) What allocation of funding has this Cook Labor
government made for frontline training, police education or public campaigns in
the lead-up to coercive control legislation?
627. Hon Michelle Boylan to the parliamentary
secretary representing the Attorney General:
I refer to the years
of advocacy and national momentum dedicated to coercive control
criminalisation.
(1) What is the reason that Western Australia is
yet to introduce coercive control legislation, noting that Tasmania, New South
Wales and Queensland already have?
(2) What protections are in currently in place for
victim-survivors of coercive control?
(3) What risk assessment on the consequences of
this legal gap has been undertaken?
(4) What allocation of funding has this Cook Labor
government made for frontline training, police education or public campaigns in
the lead-up to coercive control legislation?
AnswerView source ↗
I thank the member
for some notice of the question.
(1) Western Australia is implementing a phased
approach to criminalisation, as recommended by the Office of the Commissioner
for Victims of Crime, which was asked to report on how best to respond to this
behaviour. The report Legislative Responses to
Coercive Control in Western Australia recommended a phased approach and
was informed by feedback from victim-survivors and family violence
stakeholders, as well as data and evaluations from countries and states that have
introduced a coercive control offence.
(2) Since 2017, over $550 million has been
invested in new supports and services responding to family and domestic
violence. This includes a range of new frontline services for adult and child victim-survivors
and new interventions for perpetrators of violence. The Cook government
recently introduced amendments to the Restraining
Orders Act 1997 to ensure that the patterned nature of coercive control
is included in the definition of "family violence" and considered by
the court in determining whether restrictions should be placed on the perpetrator,
which means victim-survivors of coercive control can apply for a family
violence restraining order. Breaching a restraining order carries a maximum
penalty of two years imprisonment.
(3) Western Australia's statute book contains many
protections for victim-survivors of family violence, including restraining
orders and electronic monitoring. Elements of coercion and control are also able
to be prosecuted under existing offences in the Criminal Code.
(4) The Western Australian Government has invested
in coercive control education through a $5 million coercive control community
education campaign; $2.51 million for legal and justice sector coercive control
education, the funding for which is being used to educate lawyers, police,
adult and youth community corrections officers and custodial staff; and $6 million
in a new workforce entity that will support family
and domestic violence–informed workforces across government, the community
sector and Aboriginal community–controlled organisations.
The President: Parliamentary secretary, I suggest that
you consider standing order 106, and advise your representative minister and
agency of the same, immediately.
for some notice of the question.
(1) Western Australia is implementing a phased
approach to criminalisation, as recommended by the Office of the Commissioner
for Victims of Crime, which was asked to report on how best to respond to this
behaviour. The report Legislative Responses to
Coercive Control in Western Australia recommended a phased approach and
was informed by feedback from victim-survivors and family violence
stakeholders, as well as data and evaluations from countries and states that have
introduced a coercive control offence.
(2) Since 2017, over $550 million has been
invested in new supports and services responding to family and domestic
violence. This includes a range of new frontline services for adult and child victim-survivors
and new interventions for perpetrators of violence. The Cook government
recently introduced amendments to the Restraining
Orders Act 1997 to ensure that the patterned nature of coercive control
is included in the definition of "family violence" and considered by
the court in determining whether restrictions should be placed on the perpetrator,
which means victim-survivors of coercive control can apply for a family
violence restraining order. Breaching a restraining order carries a maximum
penalty of two years imprisonment.
(3) Western Australia's statute book contains many
protections for victim-survivors of family violence, including restraining
orders and electronic monitoring. Elements of coercion and control are also able
to be prosecuted under existing offences in the Criminal Code.
(4) The Western Australian Government has invested
in coercive control education through a $5 million coercive control community
education campaign; $2.51 million for legal and justice sector coercive control
education, the funding for which is being used to educate lawyers, police,
adult and youth community corrections officers and custodial staff; and $6 million
in a new workforce entity that will support family
and domestic violence–informed workforces across government, the community
sector and Aboriginal community–controlled organisations.
The President: Parliamentary secretary, I suggest that
you consider standing order 106, and advise your representative minister and
agency of the same, immediately.
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