Given the alarming increase in intervention order breaches, Rachel called on the Minister for Prevention of Family Violence to work with the Attorney-General in reviewing the efficacy of these laws to protect victim-survivors.
Wednesday the 27th of November 2024,
Victorian Legislative Council
RACHEL PAYNE (South-Eastern Metropolitan):
To ask the Minister for Children (for the Minister for Prevention of Family Violence): My adjournment matter is for the Minister for Prevention of Family Violence, and the action I seek is for the minister to work with the Attorney-General to consider if the laws that deal with breaches of family violence intervention orders are fit for purpose.
All too often when we hear stories of women who have lost their lives due to domestic violence, they did all of the right things. These women warned police about the threats to their life and obtained a family violence intervention order, but tragically they still ended up dead.
Thanks to data from the Crime Statistics Agency on people who repeatedly breach family violence intervention orders, we know that these are not just one-offs but part of a troubling trend. I was provided with data on alleged offenders arrested with a principal offence of breach of family violence order who had previously been arrested for the same principal offence.
Essentially, this is data about how many people arrested for breaching family violence intervention orders are repeat offenders. Between July 2023 and June 2024, 2010 people alleged to have breached a family violence intervention order had previously been arrested for a breach. Even more alarmingly, of these alleged offenders, 873 had previously breached a family violence intervention order within 30 days.
When we compare that to the data from July 2017 to June 2018, in the last six years there has been a 64 per cent increase in people repeatedly breaching family violence intervention orders. This data confirms our worst fears: family violence intervention orders are not adequately protecting victims, and their rate of failure only seems to be increasing.
We are in the middle of the United Nations’ 16 Days of Activism Against Gender-based Violence. At this time, we are asked to reflect on the prevention and elimination of violence against women and girls. As community leaders we have a role to play in ending gender-based violence. Advocacy is undoubtedly important, but what is more important is that we consider policies that will meaningfully address gender-based violence in our community. When we look at this damning data and we hear so many stories of women that did all the right things but still died, we are duty-bound to act.
So, I ask, and I plead with the minister to work with the Attorney-General to consider if the laws that deal with breaches of family violence invention orders are fit for purpose.
Response received 19th of December 2024:
I thank the Member for her question relating to breaches of family violence intervention orders (FVIOs).
FVIOs are a critical part of our response to family violence. They exist to prevent harm and keep victim survivors safe. I am committed to working closely with the Attorney-General to ensure the effective operation of Victoria’s family violence system, including the role that FVIOs play in this system.
On 30 May 2024, the Victorian Government announced the Strengthening Women’s Safety Package to change culture, change laws and deliver new support for victim survivors. As part of this package of reforms, the government is working with Victoria Police and the courts on proposals to give police the power to issue longer Family Violence Safety Notices (FVSNs), and to improve how FVIOs are issued and served to provide for more enduring protections for victim survivors instead of requiring victims to prove they’re not safe, again and again.
The government is also requesting advice from the Sentencing Advisory Council and the Judicial College of Victoria regarding guidance for magistrates on sentencing for breaches of FVIOs, to ensure it is fit for purpose and appropriately meets community expectations. We are also changing the stalking offence as informed by the Victorian Law Reform Commission’s Stalking Report – with legislative changes to be introduced into Parliament in 2025.
These reforms are being led by the Attorney-General and are overseen by a Ministerial Working Group on Women’s Safety, co-chaired by me and the Attorney-General. The Ministerial Working Group is tracking progress on the delivery of the full set of initiatives announced as part of the Strengthening Women’s Safety Package.
The proposed FVIO reforms are part of a suite of reforms aimed at strengthening perpetrator accountability. We know that one of the best ways to keep victim survivors safe is to keep perpetrators in view. That is why we have developed clear guidance and training for professionals who work with adults using family violence. This equips them to assess and manage the risk of violence being perpetrated.
The Victorian Government is also strengthening the accountability through a boost in case management for people using violence, and more follow-ups after behaviour change programs to make sure people who complete these programs are kept in view.
We are also improving and upgrading the Central Information Point – an Australian-first innovation that consolidates information about a perpetrator of family violence into a single report – so family violence workers can get the information they need to intervene sooner.
In addition, we are boosting the Personal Safety Initiative to support more victim survivors with measures such as home alarms, security assessments, external lighting, locks, fencing upgrades, security screens and personal duress alarms.
Vicki Ward MP
Minister for Prevention of Family Violence
Related Resources
> Family Violence Intervention Order Breaches – Rachel Payne
> Gendered Violence Accountability – Rachel Payne
> Gendered Violence staffing in Victoria – Rachel Payne
> Violence against women is preventable – Rachel Payne
> Family and Intimate Partner Violence – Rachel Payne
