To be introduced to Parliament in September, these reforms include new offences to respond to the danger posed by repeated and intentional breaches of Apprehended Domestic Violence Orders (ADVOs), an entirely new scheme to help prevent domestic and family violence and other reforms to address gaps in existing legislation.
These reforms include:
Strengthening the penalties for repeated and serious breaches of an ADVO
The NSW Government will move to amend the Crimes (Domestic and Personal Violence) Act 2007, to create two new aggravated offences for certain breaches of an ADVO. This will include a new offence for knowingly contravening an ADVO with intent to cause harm or fear and a new offence for repeated breaches of an ADVO.
The current offence of breaching an ADVO carries a maximum of 2 years’ imprisonment and/or a $5,500 fine.
The new offence for knowingly contravening an ADVO will be directed at serious or harmful breaches of ADVOs due to an offender’s intention to cause harm or fear to the protected person. It will carry a maximum of 3 years imprisonment and/or an $11,000 fine.
The new persistent breach offence will be directed at repeated breaches of an ADVO. Where a person knowingly contravenes an ADVO three or more times within a 28-day period, it will be punishable by up to 5 years imprisonment and/or a $16,500 fine.
The addition of this offence reflects and responds to the fact that persistent breaches within a short timeframe indicate an escalation of behaviour and therefore a greater risk.
Introducing Serious Domestic Abuse Prevention Orders
Reflecting the gravity of Domestic and Family Violence, the NSW Government will introduce Serious Domestic Abuse Prevention Orders (SDAPO), adapted from the Serious Crime Prevention Orders scheme, which responds to organised crime.
Serious Domestic Abuse Prevention Orders will allow the court to impose any conditions considered appropriate to prevent the person’s involvement in domestic abuse. This includes positive obligations such as a requirement to inform police of any dating profiles they create or use.
The orders will be able to be sought by the Commissioner of Police or the Director of Public Prosecutions in instances where:
- The person has been convicted of two or more domestic violence offences that carry a maximum penalty of 7 years imprisonment or higher; or
- The person has been charged with a ‘serious domestic violence’ offence against a relative or current/former intimate partner, regardless of whether the person has been tried, acquitted, or had their conviction quashed or set aside.
The court will have to be satisfied there are reasonable grounds to believe the SDAPO will protect the person’s relatives, their past, current or potential intimate partner.
The orders will have a maximum duration of five years with breaches being a criminal offence with a maximum penalty of five years imprisonment and/or a $33,000 fine.
Modernising the definition of ‘stalking’
In response to the increased role of technology in modern society, the definition of stalking will be amended to more clearly cover technology facilitated tracking or monitoring conduct.
Under the Crimes (Domestic and Personal Violence) Act 2007, the use of technology in the offence of stalking has a narrow scope, defined as, ‘contacting or otherwise approaching a person using the internet or any other technologically assisted means.’
Under the amended definition it will explicitly state conduct which involves monitoring or tracking a person’s activities, communications or movements whether through technology or another way, and regardless of whether the victim is contacted or approached, constitutes stalking.
This means the use of GPS trackers or monitoring a person online will be captured under the Act, in the same way ‘in person’ conduct currently is.
Making it easier and safer to change a child’s name
Bringing New South Wales into line with other jurisdictions, the Births, Deaths and Marriages Registration Act 1995, will be amended to allow a sole parent to change their child’s name, if they have a Family Court order authorising them to do so.
Currently under the Act, both parents must apply to change a child’s name, unless there is no other surviving parent, or only one parent is named in the registration of the child’s birth, or a court has approved the proposed new name of the child.
A parent with a parenting order granting them sole responsibility for the child’s name cannot apply to change the child’s name without a further court order approving the new name, or the other parent’s consent.
These requirements may pose a safety risk to victim-survivors of domestic violence who are seeking to change their child’s name as they are unable to do so without reengaging with the perpetrator.
The requirement for a further court application may increase risk by making the applicants’ contact details accessible to the perpetrator or revealing the child’s new name – undermining the desire to change a child’s name for protective reasons. This amendment will resolve this issue.
Premier of New South Wales, Chris Minns said:
“The safety of victim-survivors of domestic and family violence is paramount and these laws reflect the risk posed by intentional and ongoing breaches of ADVOs.
“Everyone should be able to feel safe in their own home, but all too often for many that is not the case. When that right has been taken away from someone, these laws aim to support victim-survivors in feeling and being safe again.
“We know that legislative reform alone will not end the scourge of domestic and family violence, but these laws send an important message that the safety of victim-survivors is the priority of the NSW justice system.”
Attorney General, Michael Daley said:
“These new laws are tough, they’re very tough, but unfortunately, they’re necessary to keep women safe from domestic and family violence.
“There are simply too many instances of domestic abuse and violence against women.
“It must stop; and these new laws are the next step that the Minns Government is taking to ensure that police and prosecutors are empowered to protect victim-survivors of domestic abuse.”
Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison said:
“Too many lives have been lost to domestic and family violence.
“These proposed reforms strengthen existing protections to keep victim-survivors safe, while the new Serious Domestic Abuse Protection Orders help reduce the future risk of violence.
“We have listened to the domestic violence sector and advocates about what is needed to ensure the safety of victim-survivors – and acted.”
Women’s Safety Commissioner, Dr. Hannah Tonkin said:
“The community has called for wide-ranging action to address the shocking rates of domestic and family violence, including measures to prevent violence as well as stronger accountability for perpetrators.
“These reforms prioritise the safety of women and children and send a clear message that domestic and family violence will not be tolerated.”
