❓ Question on Notice regarding Family Violence Restraining Orders (FVROs), alert lists, false reporting, parental alienation, and statistics on domestic violence offenders. The Attorney General provides answers addressing these concerns, highlighting victim-survivor safety and court processes.
AnsweredQoN 1822Legislative Council
QuestionView source ↗
(1) Is
the Minister aware of how woman's refuges come to put men's names on 'alert lists'? (2) Is there a process for removing said alert if
the man is proved innocent by the courts or complaints about his violence are
found by the police dcp or others to have no basis? (3) Will the Minister confirm how many domestic
violence offenders are women - as a percentage? (4) Given the amount of time taken up on magistrates
court with Family Violence Restraining Order (FVRO) can the Minister confirm if there is a penalty for those who
make false reports of family violence? (5) How many convictions have been made for perjury for false
reporting of domestic violence via the FVRO system? (6) Will the Minister consider dispensing with the
ex parte application for FVROs to ensure that those men and women falsely
accused have a chance to rebut false claims before they are thrown out of their
homes and ostracised from their children? (7) Further to above, and taking into account the
damage done when children are deprived of a meaningful relationship with both
parents, is parental alienation recognised in the Family Court of Western Australia (FCWA) and magistrates court as a
sometimes deliberate strategy to obtain some or majority custody of children on WA? (8) Further to above, is the Minister aware of any
stats on wrongfully FVROs being used as a tactic by both men and women to
obtain an advantage re possession of homes and custody of children and to
therefore place the vexatious complainant in a superior position for future
children and property proceedings in the family court? (9) if yes to (8), please provide said statistics?
the Minister aware of how woman's refuges come to put men's names on 'alert lists'? (2) Is there a process for removing said alert if
the man is proved innocent by the courts or complaints about his violence are
found by the police dcp or others to have no basis? (3) Will the Minister confirm how many domestic
violence offenders are women - as a percentage? (4) Given the amount of time taken up on magistrates
court with Family Violence Restraining Order (FVRO) can the Minister confirm if there is a penalty for those who
make false reports of family violence? (5) How many convictions have been made for perjury for false
reporting of domestic violence via the FVRO system? (6) Will the Minister consider dispensing with the
ex parte application for FVROs to ensure that those men and women falsely
accused have a chance to rebut false claims before they are thrown out of their
homes and ostracised from their children? (7) Further to above, and taking into account the
damage done when children are deprived of a meaningful relationship with both
parents, is parental alienation recognised in the Family Court of Western Australia (FCWA) and magistrates court as a
sometimes deliberate strategy to obtain some or majority custody of children on WA? (8) Further to above, is the Minister aware of any
stats on wrongfully FVROs being used as a tactic by both men and women to
obtain an advantage re possession of homes and custody of children and to
therefore place the vexatious complainant in a superior position for future
children and property proceedings in the family court? (9) if yes to (8), please provide said statistics?
AnswerView source ↗
Answered
27 February 2024
Responded by
Parliamentary Secretary to the Attorney General
Response time
2 days
1-2. The day-to-day operations of women’s refuges does not generally fall within the Attorney General portfolio.
3. Between 1 July 2022 and 30 June 2023, 17.8% of those individuals who had been convicted of at least one offence that was flagged by the WA Police Force as being Family and Domestic Violence were female.
4. A false report of family violence could amount to a criminal offence, such as perjury or attempt to pervert the course of justice. Where this is alleged and reported to the police, it is a matter for the police and/or the Director of Public Prosecutions to decide, on the available evidence, whether to prosecute. If they do prosecute, it is a matter for the courts to determine guilt.
5. Since the commencement of the FVRO scheme in 2016, there have been no convictions for perjury for false reporting of domestic violence via the Family Violence Restraining Order (FVRO) system.
6. FVROs provide critical protection for victim-survivors of family violence, and often need to be obtained urgently following an incident. Being able to apply for an Interim FVRO ex-parte can be essential for a victim-survivors safety, and victim-survivor safety is a paramount consideration for the court. Only applications for interim (temporary) FVROs are heard ex parte. The person bound by the interim FVRO then has an opportunity to object to it and have the matter proceed to a final order hearing before a magistrate.
7. The Family Court of WA makes decisions on the basis of children’s best interests, which includes considering the benefit of having a meaningful relationship with both parents and the need to protect children from physical and psychological harm.
8-9. No.
3. Between 1 July 2022 and 30 June 2023, 17.8% of those individuals who had been convicted of at least one offence that was flagged by the WA Police Force as being Family and Domestic Violence were female.
4. A false report of family violence could amount to a criminal offence, such as perjury or attempt to pervert the course of justice. Where this is alleged and reported to the police, it is a matter for the police and/or the Director of Public Prosecutions to decide, on the available evidence, whether to prosecute. If they do prosecute, it is a matter for the courts to determine guilt.
5. Since the commencement of the FVRO scheme in 2016, there have been no convictions for perjury for false reporting of domestic violence via the Family Violence Restraining Order (FVRO) system.
6. FVROs provide critical protection for victim-survivors of family violence, and often need to be obtained urgently following an incident. Being able to apply for an Interim FVRO ex-parte can be essential for a victim-survivors safety, and victim-survivor safety is a paramount consideration for the court. Only applications for interim (temporary) FVROs are heard ex parte. The person bound by the interim FVRO then has an opportunity to object to it and have the matter proceed to a final order hearing before a magistrate.
7. The Family Court of WA makes decisions on the basis of children’s best interests, which includes considering the benefit of having a meaningful relationship with both parents and the need to protect children from physical and psychological harm.
8-9. No.
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