Domestic Violence

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) (15:00): While I am on my feet, I have just been advised of a response to the question that the Hon. Stephen Wade asked in relation to the Coalition of Women's Domestic Violence Services co-chair Vicki Lachlan's comments on her concerns about changes to legislation having an adverse impact on victims of domestic violence.

Now that I have been able to seek advice on what specifics she was commenting on, I can advise that, in fact, I addressed that very issue in my reply speech to the Criminal Law (Sentencing) (Suspended Sentences) Amendment Bill because I was concerned, as Minister for the Status of Women, when that legislation was being considered in its early stages that it could have an adverse impact. On looking into it, I was advised at the time—and this advice, I understand, still stands today—that it was a major concern that women who are victims of domestic violence could potentially be affected by the reform.

However, I am advised that it needs to be noted that the judge retains the discretion to determine the length of the sentence and the parole period and that the limitation on fully suspending a sentence of imprisonment will only be triggered if a sentence of imprisonment is two years or more. The judge has discretion over that. I would imagine that in those cases where a judge saw fit, given the particular circumstances, the head sentence given would be less than two years and a judge has discretion about determining that.

If a judge elects to impose a sentence of two years or more, the judge then retains the discretion to set an appropriate non-parole period. The judge then also retains discretion to determine whether good reason exists to suspend the sentence of imprisonment. If the judge finds good reason to suspend the sentence of imprisonment, the offender is then required to serve 20 per cent of the parole period in prison. I assured myself at the time that there were safeguards in place to protect those victims of domestic violence.