❓ Ms Tonkin asks about reforms to benefit victim-survivors of family and domestic violence engaging with the justice system and other government measures to support them. The Attorney General details legislative changes and initiatives.
AnsweredQoN 536Legislative Assembly
QuestionView source ↗
FAMILY
AND DOMESTIC VIOLENCE — LAW REFORM
536. Ms C.M. TONKIN to the Attorney General:
I refer to the Cook Labor government's
continued action to protect and support victims of domestic violence.
(1) Can the
Attorney General outline to the house how this government's reforms to
modernise Western Australia's evidence laws will benefit victim–survivors
engaging with Western Australia's justice system?
(2) Can the
Attorney General update the house on what other measures this government is
delivering to support victim–survivors of family violence?
AND DOMESTIC VIOLENCE — LAW REFORM
536. Ms C.M. TONKIN to the Attorney General:
I refer to the Cook Labor government's
continued action to protect and support victims of domestic violence.
(1) Can the
Attorney General outline to the house how this government's reforms to
modernise Western Australia's evidence laws will benefit victim–survivors
engaging with Western Australia's justice system?
(2) Can the
Attorney General update the house on what other measures this government is
delivering to support victim–survivors of family violence?
AnswerView source ↗
(1) I thank the
member for Churchlands for the question. She is quite right. Premier Cook,
personally, and the government he leads are committed to supporting victims of
family and domestic violence. The Evidence Amendment Bill 2024, which was
introduced to Parliament today, is an epoch-changing piece of legislation in
terms of the way that evidence will be led and received in the courts and be
protective and supportive of domestic
violence victims. It includes the following reforms or new initiatives.
Firstly, it will make audio or visual recordings taken from police
body-worn cameras available as evidence-in-chief in domestic violence cases. It
will codify areas of impermissible cross examination of domestic violence witnesses. For example, questioning that is
harassing, intimidating, offensive, oppressive or humiliating will be banned—codified. It will provide that
family violence complainants in superior courts will a utomatically be
declared special witnesses and be afforded the special witness protections of
the Evidence Act 1906, which includes prerecording their evidence. The bill
will introduce witness assistance measures, which I explained to the house this
morning. That means to have professional witness intermediaries who can join
the witness in the witness box to help a person who is linguistically impaired
or has another disability that inhibits their ability to give evidence to the
court. This is a first in Western Australia.
The bill will make other important
changes as well. For example, it will override or appeal the Longman direction,
which required judges to inform juries that in cases in which the complaint was
one of some history or antiquity that it would be dangerous for the jury to
accept the woman's evidence unless it was independently corroborated.
That will go. We will also make it clear that religious ministers cannot hide
behind the confessional veil when it comes to the admissibility of evidence in
child sexual abuse matters in both criminal
and civil courts. This is not party political. We hope the opposition will give
us full-throated support for these measures.
(2) The member
asked about additional measures. She would be aware that earlier this week we
passed amendments to the family violence provisions, requiring the courts to
mandatorily order the affixation of GPS tracking bracelets when offenders are
already on a restraining order and charged with a domestic violence offence or
when prisoners are released early, but are subject to a family violence
restraining order. They will mandatorily wear a bracelet.
Additionally,
we have already introduced into the Parliament laws concerning coercive control
as a separate criteria for obtaining a violence restraining order, and
the government has already announced that it will then look at developing the
coercive control model into a standalone criminal offence once the judiciary,
police and community are understanding of the criteria around coercive control.
The government is firmly committed to supporting victims of domestic and family
violence not only in their homes, not only on the streets, but also when they
are giving evidence in the courts.
The SPEAKER : The member for
Cottesloe with the last question.
member for Churchlands for the question. She is quite right. Premier Cook,
personally, and the government he leads are committed to supporting victims of
family and domestic violence. The Evidence Amendment Bill 2024, which was
introduced to Parliament today, is an epoch-changing piece of legislation in
terms of the way that evidence will be led and received in the courts and be
protective and supportive of domestic
violence victims. It includes the following reforms or new initiatives.
Firstly, it will make audio or visual recordings taken from police
body-worn cameras available as evidence-in-chief in domestic violence cases. It
will codify areas of impermissible cross examination of domestic violence witnesses. For example, questioning that is
harassing, intimidating, offensive, oppressive or humiliating will be banned—codified. It will provide that
family violence complainants in superior courts will a utomatically be
declared special witnesses and be afforded the special witness protections of
the Evidence Act 1906, which includes prerecording their evidence. The bill
will introduce witness assistance measures, which I explained to the house this
morning. That means to have professional witness intermediaries who can join
the witness in the witness box to help a person who is linguistically impaired
or has another disability that inhibits their ability to give evidence to the
court. This is a first in Western Australia.
The bill will make other important
changes as well. For example, it will override or appeal the Longman direction,
which required judges to inform juries that in cases in which the complaint was
one of some history or antiquity that it would be dangerous for the jury to
accept the woman's evidence unless it was independently corroborated.
That will go. We will also make it clear that religious ministers cannot hide
behind the confessional veil when it comes to the admissibility of evidence in
child sexual abuse matters in both criminal
and civil courts. This is not party political. We hope the opposition will give
us full-throated support for these measures.
(2) The member
asked about additional measures. She would be aware that earlier this week we
passed amendments to the family violence provisions, requiring the courts to
mandatorily order the affixation of GPS tracking bracelets when offenders are
already on a restraining order and charged with a domestic violence offence or
when prisoners are released early, but are subject to a family violence
restraining order. They will mandatorily wear a bracelet.
Additionally,
we have already introduced into the Parliament laws concerning coercive control
as a separate criteria for obtaining a violence restraining order, and
the government has already announced that it will then look at developing the
coercive control model into a standalone criminal offence once the judiciary,
police and community are understanding of the criteria around coercive control.
The government is firmly committed to supporting victims of domestic and family
violence not only in their homes, not only on the streets, but also when they
are giving evidence in the courts.
The SPEAKER : The member for
Cottesloe with the last question.
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