Type:	Report
Title:	Report on a review of legislation relating to domestic violence
Authors:	Department of Justice
Keywords:	Criminal justice responses;Protection orders;Legal issues;Legislation analysis
Year:	2002
Publisher:	Department of Justice, Western Australia
Notes:	In 2004, the report was updated to include revised recommendations and other amendments from the substantial consultation process. The 2004 report reflects the Bill that was introduced into Parliament 2 June 2004. Prepared by the Western Australian Department of Justice in response to the Government's commitment to review the need for domestic violence legislation to specifically define domestic violence. Also aims to provide sentencing options appropriate for crimes associated with domestic violence. The review examines domestic violence in society, domestic violence and the law, the definition of a domestic relationship, Criminal Code amendments, changes to the Restraining Orders Act 1997, children, penalties in domestic and non-domestic situations, and Aboriginal communities. The report focuses on the comparison of the Restraining Orders Act 1997 with equivalent legislation in other Australian states, as well as Canada, New Zealand, the United Kingdom, and the United States. Several deficiencies in the current legislative approach to domestic violence in Western Australia were identified during the preparation of this report, and this review recommends a number of changes. The main recommendation is to add into both The Criminal Code and the Restraining Orders Act 1997 a definition of a domestic relationship, and tailor provisions within those pieces of legislation to deal specifically with cases of domestic violence. The reason for this is that the organisation of restraining orders within the Restraining Orders Act 1997 does not match the profile of domestic violence offences. It argues that there is no recognition, for example, that the sort of behaviour that leads to the making of the lesser misconduct restraining order can be as or more serious than the sort of behaviour leading to a violence restraining order. This means that certain victims in the community are not being afforded the immediate protection that they need, possibly resulting in an escalation in violence. The Act also renders a second-class status to particular forms of domestic violence, making a differentiation not present in any comparable legislation in other common law jurisdictions. As a result, the Restraining Orders Act 1997 has neither the ease of access nor the maximisation of protection needed by victims of domestic violence.
Contents:	Executive summary Summary of recommendations Report The Restraining Orders Act 1997 in comparative perspective Domestic violence legislation in other Australian jurisdictions
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/19143
Physical description:	57 p.
Appears in Collections:	Reports

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