Legislative Council: Wednesday, June 08, 2011

Contents

DOMESTIC VIOLENCE

The Hon. S.G. WADE (14:45): I seek leave to make a brief explanation before asking the Minister for the Status of Women a question relating to domestic violence restraining orders.

Leave granted.

The Hon. S.G. WADE: On 2 December 2009, this parliament passed the Intervention Orders (Prevention of Abuse) Bill 2009, and it was assented to on 11 December 2009. In announcing the reforms, the Attorney-General's Department website stated:

By this act, the government fulfils its commitment to review the rape, sexual assault and domestic violence laws announced in November 2005.

Those reforms were a long time coming. The government was particularly late in bringing in the reforms recommended in the discussion paper by barrister Maurine Pyke QC. South Australia was one of the last jurisdictions in Australia to introduce such reforms.

A statement issued by the Attorney-General's Department in December 2009 stated that the legislation will 'come into operation in 2010, when agencies responsible for enforcing the legislation have completed their staff training and set in place their new responsibilities'. I draw members' attention to the fact that that was a commitment to have it operational by the end of 2010, five months ago. Yet, almost two years after the laws were enacted, they have not been proclaimed. When speaking on the bill on 28 October 2009, minister Gago said in her second reading speech:

In enacting these reforms, parliament will be sending a clear message that it will not tolerate the use of violence to control or intimidate another person.

If in enacting the reforms this parliament is sending a clear message that it will not tolerate the use of violence to control or intimidate another person, it is highly questionable what message the government is sending by failing to enact it. My questions are:

1. When will the provisions in the Intervention Orders (Prevention of Abuse) Bill 2009, passed by the parliament in 2009, be implemented?

2. Why has there been such a long delay in implementing such important legislation?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (14:47): Indeed, I share the honourable member's frustration in the length of time it has taken to enact these most important reforms. As we know, the changes to the domestic violence legislation address a number of different reforms, which will ensure that a number of very important changes are put in place. It was initially planned that they should be in place, I think, by the end of last year. I understand that the latest report from the Attorney-General's Department is that it will be towards the end of this calendar year.

As I said, I share members' frustration in the length of time it takes. However, I have received some progress reports on this matter from time to time, so I am aware that there have been a number of elements to its implementation that have taken a considerable amount of time and more time than initially expected. There have been many, but some of them include, for instance, the training, education and implementation of the policies and procedures for police. There are significant changes in police practices, and all police systems will need to be updated in respect of that.

The other area, of course, is the courts. Again, there is information and education that needs to occur to assist our judiciary, in light of these fairly significant changes to our legislation. I understand that those things are progressing, and progressing extremely well, but they have taken longer than expected. Nevertheless, this government has done more for domestic violence reform, I believe, than any other former government, certainly for a number of decades at least. We put in place reforms to our rape and sexual assault legislation, which was put in place last year or the year before last, and that put very important protections in place for victims and also ensured that perpetrators are held more accountable.

We established the Don't Cross the Line information and education campaign that went out to help inform people about the changes to rape and sexual assault reforms, and also DV reforms, and to help promote respectful relationships, particularly amongst young people. Again, there was a website that provided a range of information and also referral services to both victims and perpetrators. There was a number of other promotional campaigns in relation to various materials that were distributed to draw to people's attention where they could go for information.

There was also a community grants program that we funded, and those community grants were about trying to target information to those particular groups in our community that might not have the same sort of access to mainstream media, and there were a number of multicultural groups, Aboriginal groups and people with disabilities as well. So, particular grant proposals were made to help highlight information and public awareness to those particular groups. They are just some of the initiatives.

This government certainly stands on its track record for its commitment to domestic violence reform. We have a well established and proven track record, and we will continue to roll out these important changes in terms of the enactment of legislation that is due towards the end of this year.