HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Member Index
Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-11-13 Daily Xml
Contents
Pdf Xml

Domestic Violence

The Hon. S.G. WADE (14:37): I seek leave to make a brief explanation before asking the Minister for the Status of Women questions relating to the sentencing of victims of domestic violence.

Leave granted.

The Hon. S.G. WADE: In 2012, Catherine Therese Collyer was sentenced to 3½ years' imprisonment after stabbing her abusive partner in the chest during a domestic violence incident. Under the Weatherill Labor government's changes to mandatory sentencing laws, people convicted to more than a two year sentence and given a nonparole period must spend one-fifth of that time in prison. I understand that under the government's new law Ms Collyer would be required to serve almost two years in prison, with no option for the judge to avoid sending her to gaol.

Women's groups and anti-domestic violence campaigners claim the law operates as a catch-all. Ms Vicki Lachlan, co-chair of the Coalition of Women's Domestic Violence Services, is reported as saying that victims of domestic violence deserve compassion, not imprisonment. Ms Lachlan says that women who defend themselves against domestic violence will be re-victimised by this law. I ask the minister:

1. Does the minister agree with women's groups that victims of domestic violence do not deserve imprisonment?

2. Does the minister stand by her earlier assurances to this council that victims of domestic violence will not be caught by the new sentencing legislation?

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (14:39): I thank the honourable member for his most important question. I provided some information about that yesterday, and I can only reiterate that in relation to that information, I have been advised that it remains the discretion of the judge to determine, in relation to certain serious offences, the length of the nonparole period. If a judge determines it is less than two years, then my understanding is they don't automatically default to the provisions that the honourable member refers to where 20 per cent of the sentence has to be served.

Given that the judge has a discretion to determine the length of the nonparole period, the advice I have received is they will take into consideration—given the implications are that it could result in a mandatory gaol term now—any exceptional or special circumstances that might bear on the length of that nonparole period. Given that it is still a discretionary component, the advice I received is that it is highly likely that women who are in special circumstances could, and would, most likely, have those accounted for in the serving of that nonparole period.

The PRESIDENT: Supplementary, Mr Wade.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT