<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2018-10-17" />
  <sessionName>Fifty-Fourth Parliament, First Session (54-1)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="1541" />
  <endPage num="1596" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Bills</name>
    <text id="201810178d8b920dbd064c92a0000652">
      <heading>Bills</heading>
    </text>
    <subject>
      <name>Criminal Law Consolidation (Domestic Abuse) Amendment Bill</name>
      <bills>
        <bill id="s4404">
          <name>Criminal Law Consolidation (Domestic Abuse) Amendment Bill</name>
        </bill>
      </bills>
      <text id="201810178d8b920dbd064c92a0000653">
        <heading>Criminal Law Consolidation (Domestic Abuse) Amendment Bill</heading>
      </text>
      <subproceeding>
        <name>Introduction and First Reading</name>
        <text id="201810178d8b920dbd064c92a0000654">
          <heading>Introduction and First Reading</heading>
        </text>
        <talker role="member" id="3404" kind="speech">
          <name>The Hon. J.A. DARLEY</name>
          <house>Legislative Council</house>
          <startTime time="2018-10-17T17:21:37" />
          <text id="201810178d8b920dbd064c92a0000655">
            <timeStamp time="2018-10-17T17:21:37" />
            <by role="member" id="3404">The Hon. J.A. DARLEY (17:21):</by>  Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Second Reading</name>
        <text id="201810178d8b920dbd064c92a0000656">
          <heading>Second Reading</heading>
        </text>
        <talker role="member" id="3404" kind="speech">
          <name>The Hon. J.A. DARLEY</name>
          <house>Legislative Council</house>
          <startTime time="2018-10-17T17:22:34" />
          <text id="201810178d8b920dbd064c92a0000657">
            <timeStamp time="2018-10-17T17:22:34" />
            <by role="member" id="3404">The Hon. J.A. DARLEY (17:22):</by>  I move:</text>
          <text id="201810178d8b920dbd064c92a0000658">
            <inserted>That this bill be now read a second time.</inserted>
          </text>
          <text continued="true" id="201810178d8b920dbd064c92a0000659">It gives me great pleasure to introduce this bill which will create a new offence against controlling or coercive behaviour in a relationship. The bill is modelled on provisions in the UK's Serious Crime Act under the sections which deal with domestic abuse. I want to make it clear that, whilst I have introduced the bill into the parliament today, I intend to consult further on the bill and look forward to working collaboratively with the government. I do not imagine that I will be bringing this forward to a vote before the end of the year.</text>
          <text id="201810178d8b920dbd064c92a0000660">There has been a lot done in the last few years to raise the awareness of domestic violence and acceptable behaviour within a relationship. Work undertaken by organisations such as White Ribbon, the Zahra Foundation and Our Watch have taken this issue from behind closed doors to be out in the open. This is important work and a lot of progress has been made in educating the community and raising awareness.</text>
          <text id="201810178d8b920dbd064c92a0000661">However, much of the general community's understanding of domestic violence and domestic abuse only tells one side of the story. Undoubtedly, it is horrific if a relationship becomes violent, but in almost all circumstances the precursor to this physical abuse is mental, emotional and psychological abuse. These types of abuses often manifest in the form of put-downs, bullying, isolation, fear and gaslighting, amongst others. These behaviours are designed to lower the victim's self-esteem and increase their reliance upon the perpetrator.</text>
          <text id="201810178d8b920dbd064c92a0000662">The term gaslighting originated from the 1938 play<term> Gaslight</term> where the main male character would engage in activities deliberately to confuse and manipulate his wife into questioning her reality. For example, the character would systematically dim the lights and when questioned about it by his wife would deny that there was anything different. Today, the term is used to describe psychological manipulation where a person is made to question their memory, perception, sanity and reality. This is often done with the perpetrator persistently denying, misdirecting, contradicting and lying to try to confuse the victim.</text>
          <text id="201810178d8b920dbd064c92a0000663">To many victims of domestic violence it is the emotional and psychological scars which linger longest. The human body is very resilient and, with time, will heal bruises and broken bones; however, it is often only with a lot of hard work and with the assistance of psychologists and counsellors that nonphysical scars will heal. It often takes many years and, unfortunately, some do not recover from these wounds.</text>
          <text id="201810178d8b920dbd064c92a0000664">Even more unfortunate are the circumstances where people do not receive or seek out the support that they need because they have only suffered emotional and not physical abuse. This is often from a lack of understanding, not only in the community but also from victims themselves who do not understand what has happened or is happening to them.</text>
          <text id="201810178d8b920dbd064c92a0000665">This is why it is so important to introduce this bill, to start a conversation. I understand that these provisions by themselves will be difficult to successfully prosecute and I want to reiterate again that I will continue consultation. I am very open to amendments, but I think it is very important that this is introduced into parliament because I am hoping that it will start people thinking about other types of abuse that people suffer. I seek leave to conclude my remarks.</text>
          <page num="1583" />
          <text id="201810178d8b920dbd064c92a0000666">Leave granted; debate adjourned.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>