A bill introduced to the ACT Legislative Assembly today seeks to reduce trauma for family violence victims involved in court proceedings and to strengthen sentencing options for perpetrators of family violence.
The Family Violence Legislation Amendment Bill 2022 will:
- create an aggravated offence scheme that allows expanded penalties for certain offences when committed in the context of family violence;
- limit cross-examination on the contents of Victim Impact Statements, including in other proceedings;
- insert certain new aggravated family violence offences into the schedule of disqualifying offences Working with Vulnerable People (Background Checking) Act 2011;
- create a legislative requirement to review the Family Violence Act 2016 every three years.
“Domestic and family violence claims the lives of more than 100 people in Australia every year,” said ACT Attorney-General, Shane Rattenbury. “It sets off a damaging ripple that hurts not only individuals, but our society as a whole.
“Victim survivors have shared their lived experiences, and too often, the criminal justice process is a re-traumatisation that victim survivors endure. We must ensure family violence legislation provides the greatest protection possible for victims and appropriate consequences for offenders.”
In 2019, the ACT Government initiated a review of the Family Violence Act 2016 to find ways to better protect victims. Mr Rattenbury said today’s reforms were phase two of the Government’s legislative response to the review, after new laws were introduced in June 2021.
The ACT Government will look at other ways to reduce domestic and family violence in the ACT.
In response to sexual assault survivor Grace Tame’s continued advocacy, the Bill will also change the name of the offence of ‘sexual relationship with child or young person under special care’ to ‘persistent sexual abuse of child or young person under special care’.
Ms Tame called for this reform during the Meeting of Attorneys-General in November, which prompted the ACT Government to make this amendment.
Mr Rattenbury said he was struck by Ms Tame’s powerful advocacy. “When presented with victim-survivors’ stories such as these, we have a responsibility to act, which is why we have brought forward this reform at the first opportunity.”