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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-02 Daily Xml
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DOMESTIC VIOLENCE

The Hon. J.M.A. LENSINK (14:34): I seek leave to make a brief explanation before asking the Minister for the Status of Women a question about family violence.

Leave granted.

The Hon. J.M.A. LENSINK: In a media release of 9 November 2005, prior to the last election, Premier Mike Rann made the following comments:

The law relating to rape, sexual offences and domestic violence has moved ahead in other jurisdictions. In South Australia the conviction rate in rape cases that go to trial is unacceptably low.

He stated further in a press release:

I have asked the Attorney-General in conjunction with the Minister for the Status of Women to investigate the law relating to rape, sexual offences and domestic violence and make urgent recommendations for changes. I do not want to see a protracted process of review.

In a release dated 6 March this year, the Attorney-General stated:

A bill is now being drafted to strengthen the ability of police and courts to prevent and stamp out family abuse.

Just recently in estimates the minister herself stated:

As announced by the Premier in 2006, the proposed new domestic violence laws are intended to improve the system of restraint and intervention.

My questions to the minister are:

1. The original announcement was made nearly 3½ years ago, so what is the delay for this bill?

2. Can the minister advise when the bill will be introduced?

3. Given that there is a maximum of only seven sitting weeks left before the election, does the minister seriously think that the bill will be passed before the election?

The PRESIDENT: There are a lot of opinions being sought.

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (14:36): I am speechless, Mr President—absolutely speechless. I do not know where the opposition has been; truly, I do not—I think members opposite live on another planet. The Premier did announce a commitment to comprehensively overhaul our rape and sexual assault laws in 2006.

The Hon. J.M.A. Lensink interjecting:

The Hon. G.E. GAGO: I think the honourable member has shown her ignorance so she needs to be quiet and listen, because she has completely missed the boat on this. I do not want to have to repeat myself again. Members opposite do not listen to the answers and get up the next day and ask the same question again and again. The Criminal Law Consolidation—

Members interjecting:

The PRESIDENT: Order! The minister has the call.

The Hon. G.E. GAGO: So the Criminal Law—

Members interjecting:

The PRESIDENT: Order!

The Hon. G.E. GAGO: The Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill 2008 and the Statutes Amendment (Evidence and Procedure) Bill 2007 were passed on 9 April 2008, following a comprehensive consultation process—they have been passed; they are done. These bills provide a clearer definition on sexual offences, including rape, persistent sexual abuse of children and consent. I do not know what the honourable member was doing when the legislation came through this chamber.

The Hon. J.M.A. Lensink interjecting:

The Hon. G.E. GAGO: Goodness gracious, it has passed. These new laws came into effect on 23 November 2008. How embarrassing is that? I feel so embarrassed for them. It also ensured that the criminal justice system is more sensitive to the needs of victims of rape and sexual assault. For example, a victim of rape and sexual assault will be protected from cross-examination by the accused in person. We have also progressed legislative reform to domestic violence legislation, and a bill to replace the current Domestic Violence Act is currently being drafted.

Members interjecting:

The Hon. G.E. GAGO: Well, the honourable member referred to rape and sexual assault, so she has missed the boat completely. In terms of domestic violence law reform, the Premier announced his intention to overhaul the law and reform this area around domestic violence to bring this state into line with other jurisdictions.

These changes followed an independent review of the current laws by the very highly respected Maurine Pyke QC. The new laws are intended to improve the system of restraint and intervention for domestic violence and to give police more power to intervene at the time of an incident. They will make it easier for victims to remain in the family home while the perpetrator leaves. They will also ensure police can impose restraint conditions quickly without having to wait for a court listing.

The proposed reforms will complement the goals of one of the key initiatives of our women's safety strategy—that is, our family safety framework—by increasing victim safety and enhancing perpetrator accountability.

Not only have we already passed the first part of our reform in terms of rape and sexual assault provisions but we are well under way in terms of reforming our domestic violence legislation. My understanding is that that bill is being drafted at present; I will need to check that, but that is my latest understanding. As I said, it is embarrassing because I am not sure where the opposition members are when these reforms come through this council and are supposedly voted on by the honourable member.

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