❓ Ms. Hamilton asks about the implementation of GPS tracking for family and domestic violence offenders and how it complements other reforms. The Attorney General details the government's actions, including past legislation, current implementation efforts, and future plans to criminalise coercive control.
AnsweredQoN 820Legislative Assembly
QuestionView source ↗
FAMILY AND DOMESTIC
VIOLENCE OFFENDERS — GPS TRACKING
820. Ms E.L. HAMILTON to the Attorney General:
I refer to the Cook Labor government
commitment to tackling family and domestic violence in the state.
(1) Can the
Attorney General update the house on the implementation of this government's
tough new laws to track repeat and high-risk family violence offenders?
(2) Can the
Attorney General advise the house how these laws complement other reforms
delivered by this government to support
victim–survivors of family and domestic violence and hold perpetrators
to account?
VIOLENCE OFFENDERS — GPS TRACKING
820. Ms E.L. HAMILTON to the Attorney General:
I refer to the Cook Labor government
commitment to tackling family and domestic violence in the state.
(1) Can the
Attorney General update the house on the implementation of this government's
tough new laws to track repeat and high-risk family violence offenders?
(2) Can the
Attorney General advise the house how these laws complement other reforms
delivered by this government to support
victim–survivors of family and domestic violence and hold perpetrators
to account?
AnswerView source ↗
(1)–(2) I thank the member for her question. It is
relevant that she asks this question just before the 16 Days in WA campaign will commence as a program against domestic violence on 25 November.
In
2020, the Labor government introduced the largest family violence reform
package in the state's history . These included enabling the
courts to apply GPS tracking to all offenders, not just domestic violence
offenders. To be clear, before we introduced that law, the Liberals had no GPS
tracking at all. But we have not stopped there. We have reviewed the
effectiveness of GPS tracking, and, in March of this year, laws came into effect
to target those who damage, remove or interfere with an electronic monitoring
device. These laws have increased the maximum penalty and introduced a minimum
mandatory penalty of six months' imprisonment for those who damage the
electronic devices.
In September this year, as members
will recall, we passed this government's legislation that expands and mandates the imposition of GPS monitoring on
family violence perpetrators at all touchpoints in the criminal justice system—that is, at bail,
sentencing, parole and post sentence supervision orders. Since this legislation passed, the Western Australia Police Force and the Department of Justice have
been working tirelessly to implement this reform to ensure all eligible
offenders are identified prior to their court or parole hearing and that the
new mandatory GPS tracking requirement is imposed. This work includes drafting
new regulations and court rules, recruiting and training additional staff,
developing IT infrastructure to ensure information sharing between agencies,
and updating operational manuals to include the management of the new cohort of
offenders. These new laws will come into operation before the end of this year
and, most importantly, before the Christmas period.
That
act was the ninth piece of legislation assisting victims of family and domestic
violence passed by the Labor
government since 2017. Since 2017, we have facilitated WA's
participation in the national domestic violence order scheme, allowing
orders to operate automatically across Australia. We have criminalised the non-consensual distribution of intimate
images, which is punishable by up to 18 months' imprisonment . We have established a process to terminate tenancy
quickly and legally directly with a landlord in situations of family violence
to remove an alleged perpetrator from a tenancy agreement, and to change the
locks of a rented house to prevent a perpetrator regaining access. We have also
introduced the serial family violence offender declaration, subjecting
offenders to a presumption against bail and enabling authorities to monitor
their interactions with the justice system.
Since we passed this reform, we have
seen 625 offenders declared serial family violence offenders and we have created new offences for suffocation and strangulation,
with a maximum penalty of seven years on indictment or three years
summarily. We have seen more than 652 convictions since the law commenced. We
are now working towards the criminalisation of coercive control. We have
legislated to make it easier for victim–survivors to obtain a restraining
order based on coercive control. We are listening to the experts, including the
Office of the Commissioner for Victims of Crime, following extensive
stakeholder engagement and successful approaches to legislating against
coercive control elsewhere.
The evidence from overseas and the
eastern states shows us that it is crucial to improve community understanding of coercive control before
introducing a standalone offence. Improving community attitudes and understanding
ensures that first responders ask the right questions, victim–survivors
are supported when they report abusive behaviours and police gather persuasive
evidence for the court system to respond appropriately.
We are on track to introduce a standalone
offence in the next term of government.
relevant that she asks this question just before the 16 Days in WA campaign will commence as a program against domestic violence on 25 November.
In
2020, the Labor government introduced the largest family violence reform
package in the state's history . These included enabling the
courts to apply GPS tracking to all offenders, not just domestic violence
offenders. To be clear, before we introduced that law, the Liberals had no GPS
tracking at all. But we have not stopped there. We have reviewed the
effectiveness of GPS tracking, and, in March of this year, laws came into effect
to target those who damage, remove or interfere with an electronic monitoring
device. These laws have increased the maximum penalty and introduced a minimum
mandatory penalty of six months' imprisonment for those who damage the
electronic devices.
In September this year, as members
will recall, we passed this government's legislation that expands and mandates the imposition of GPS monitoring on
family violence perpetrators at all touchpoints in the criminal justice system—that is, at bail,
sentencing, parole and post sentence supervision orders. Since this legislation passed, the Western Australia Police Force and the Department of Justice have
been working tirelessly to implement this reform to ensure all eligible
offenders are identified prior to their court or parole hearing and that the
new mandatory GPS tracking requirement is imposed. This work includes drafting
new regulations and court rules, recruiting and training additional staff,
developing IT infrastructure to ensure information sharing between agencies,
and updating operational manuals to include the management of the new cohort of
offenders. These new laws will come into operation before the end of this year
and, most importantly, before the Christmas period.
That
act was the ninth piece of legislation assisting victims of family and domestic
violence passed by the Labor
government since 2017. Since 2017, we have facilitated WA's
participation in the national domestic violence order scheme, allowing
orders to operate automatically across Australia. We have criminalised the non-consensual distribution of intimate
images, which is punishable by up to 18 months' imprisonment . We have established a process to terminate tenancy
quickly and legally directly with a landlord in situations of family violence
to remove an alleged perpetrator from a tenancy agreement, and to change the
locks of a rented house to prevent a perpetrator regaining access. We have also
introduced the serial family violence offender declaration, subjecting
offenders to a presumption against bail and enabling authorities to monitor
their interactions with the justice system.
Since we passed this reform, we have
seen 625 offenders declared serial family violence offenders and we have created new offences for suffocation and strangulation,
with a maximum penalty of seven years on indictment or three years
summarily. We have seen more than 652 convictions since the law commenced. We
are now working towards the criminalisation of coercive control. We have
legislated to make it easier for victim–survivors to obtain a restraining
order based on coercive control. We are listening to the experts, including the
Office of the Commissioner for Victims of Crime, following extensive
stakeholder engagement and successful approaches to legislating against
coercive control elsewhere.
The evidence from overseas and the
eastern states shows us that it is crucial to improve community understanding of coercive control before
introducing a standalone offence. Improving community attitudes and understanding
ensures that first responders ask the right questions, victim–survivors
are supported when they report abusive behaviours and police gather persuasive
evidence for the court system to respond appropriately.
We are on track to introduce a standalone
offence in the next term of government.
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