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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-05-31 Daily Xml
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Domestic Violence Laws

The Hon. I. PNEVMATIKOS (15:01): My question is to the Attorney-General. Will the minister inform the council about the release of the review of the section 20A Criminal Law Consolidation Act offence of choking, suffocation or strangulation in a domestic setting?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:01): I would be pleased to do so. This parliament has recognised that the act of choking or strangulation is a very serious offence and often a precursor to domestic homicide offences. This parliament has previously acted to bring in new section 20A of the Criminal Law Consolidation Act, creating a specific offence of choking, suffocation or strangulation in a domestic setting.

I am happy to share with the council that there has been a recent review of section 20A of the Criminal Law Consolidation Act and it has now been published. In May of last year, we announced a review into the operation and effectiveness of section 20A of the Criminal Law Consolidation Act 1935 in relation to the offences of choking, suffocation or strangulation in a domestic setting.

That review has been conducted, which gave careful consideration to both the operation and effectiveness of the strangulation offences, as well as considering feedback from entities such as South Australia Police and the Office of the Director of Public Prosecutions about charging and prosecuting, and particularly took into account sentencing remarks and judgements and considering data in relation to the offence.

I can report that the review has confirmed that South Australia's investigative and prosecution agencies are appropriately approaching their task in bringing these matters to court seriously and in accordance with the existing legislation. It is, however, apparent that there is further room to make sure it is ensured that the offence operates as effectively as possible and provides a powerful criminal justice response to the serious behaviour of choking, suffocation or strangulation in a domestic setting.

I can announce that, as a result of the review, we have made a number of commitments to establishing a multiagency government working group to consider how to better support complainants involved in domestic and family violence prosecution, particularly in the context of the time it takes to proceed to trial for, in particular, those section 20A offences. This aims to address the high number of matters which are discontinued and looks to ensure the victim survivors are supported throughout the investigation and prosecution process.

The working group will also be tasked with looking at the need for further education about the impact and effects of strangulation, choking and suffocation for the legal community and judiciary. We have also undertaken to address the uncertainty about what prosecutors are required to prove by amending the legislation to clarify the elements of the offence and to broaden them. This will make it clear that proof of restriction of breath is not required to establish the offence. This change is consistent with the medical information about the inherent dangers in applying pressure to a person's neck, as recognised in other jurisdictions.

Ensuring that strangulation offences operate effectively is essential when, as I said, we know that choking, suffocation or strangulation are often widely seen as a precursor to domestic homicide. In the not too distant future, I look forward to introducing a bill to make the legislative changes foreshadowed and for the working group to commence their considerations to look to ensure better outcomes in this area.

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