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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-08 Daily Xml
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Bills

Statutes Amendment (Intervention Orders and Penalties) Bill

Second Reading

The Hon. E.S. BOURKE (18:06): I move:

That this bill be now read a second time.

I congratulate the member for Reynell, the Hon. Katrine Hildyard, for the work that she has been doing in this space, and for bringing this bill into the parliament, and for her ongoing advocacy to not only call out but put a stop to domestic violence.

This is a bill that is focused on preventing the tragic outcomes of domestic violence caused by offenders with a history of escalating behaviour. This bill is about prevention and keeping women and children safe from harm. When we hear horrifying stories of women and children who have been murdered at the hands of partners or former partners, as a community we find ourselves asking, 'What could we have done to prevent this?'

Almost a quarter of men who kill a partner or former partner were named as respondents on intervention orders at the time of the killing. I understand from the Women's Legal Service that police have issued more than 2,000 interim intervention orders relating to domestic violence this year and as many as 85 per cent of those orders have been breached. This bill will change and significantly toughen sentencing options for offenders who breach domestic violence intervention orders by moving away from fines to custodial sentences.

The data shows that fines are simply not deterring some violent repeat offenders who pose a real risk to the safety of women and children. Fines, as a punishment for contravention of intervention orders, have a higher rate of not being paid than other court-imposed fines, with offenders escaping consequences, accountability and punishment for their offending behaviour. In so many cases offenders are repeatedly breaching orders as their violent and controlling behaviours escalate. We know that those who contravene invention orders are more likely to violently offend. We must step in to do what we can to stop this behaviour in its tracks. Fines do not provide protection for those who experience domestic violence, nor do they provide for rehabilitation and monitoring opportunities for offenders.

I would also like to acknowledge the work done by those working in domestic violence services, doing whatever they can to advocate for and support victims and survivors of domestic and family violence in a system where intervention orders are often breached without consequences, making their work harder than it needs to be. By moving to sentences, even if they are suspended, we will be better able to monitor serious repeat offenders and ensure that they are engaging with rehabilitation programs and complying with orders. This bill will remove fines for order breaches, increase maximum sentences and introduce measures to protect children by aggravating offences that involve children or threatening to restrict access to them.

The long-term harm experienced by children who witness or are themselves victims of family violence is often not considered when intervention orders are breached. This bill will ensure, by aggravating charges involving a child, that the physical and mental wellbeing of the child is protected. Specifically, the bill will increase penalties for initial breach of an intervention order from a $10,000 fine or a maximum two years' imprisonment to five years' imprisonment, and seven years if aggravated. Subsequent breaches, which currently attract a fine of four years' imprisonment, will increase from four to 10 years' imprisonment, and 12 if aggravated. These charges for sentences are in step with the community attitude towards repeat offenders.

It is incumbent on elected representatives as community leaders to do whatever we can to prevent and end domestic violence. This bill is a step in the right direction, and I urge all members of this chamber to support this bill. If successful, these reforms will make South Australia's laws and governing intervention laws amongst the toughest in the country.

Debate adjourned on motion of Hon. D.G.E. Hood.

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