- Family Violence Legislation Reform Bill 2024 to be introduced into Parliament
- New laws will compel courts and the Prisoners Review Board to impose electronic monitoring on repeat and high-risk family violence perpetrators who are on bail or otherwise supervised in the community
- Bill amends definition of family violence in the Restraining Orders Act to better recognise the patterned nature of coercive control
Repeat and high-risk family violence offenders will be tracked across the justice system, including as part of bail, sentence, parole and post-sentence supervision, under nation-leading laws introduced into State Parliament today.
The Cook Government's reforms will compel courts and the Prisoners Review Board to impose electronic monitoring (EM) on repeat and high-risk family violence perpetrators who are on bail or otherwise supervised in the community.
The family violence perpetrators captured by the Bill include those:
- subject to a family violence restraining order (FVRO) and subsequently accused or convicted of a further family violence offence;
- subject to a serial family violence offender declaration who are accused or convicted of a family violence offence; and
- who are subject to an FVRO and released from prison under an early release order or a post-sentence supervision order for a family violence offence.
The Family Violence Legislation Reform Bill 2024 also includes a range of amendments aimed at enhancing the operation and effectiveness of EM in Western Australia and delivers on the legislative component of the Government's first tranche of reforms to address coercive control.
On 28 November 2023, the Government announced a phased approach to the criminalisation of coercive control, starting with amendments to the definition of family violence in the Restraining Orders Act 1997 (RO Act), along with a range of systemic reforms and education and training initiatives.
The Bill amends the RO Act to include a reference to the patterned nature of coercive control behaviours and their cumulative effect in the definition of family violence. It will require justice professionals to consider the impact of multiple acts over a period of time to ensure these insidious behaviours are better recognised as family violence. This reflects Recommendation 9 of the Office of the Commissioner for Victims of Crime's 2023 report titled Legislative Responses to Coercive Control in Western Australia.
Finally, the Bill will enshrine in legislation the directions given by a Community Corrections Officer (CCO), as part of GPS monitoring, to ensure that a person who breaches directions set by the CCO can be immediately arrested by police without a warrant.
New offences will be created for failing to comply with the CCO's directions, punishable by imprisonment for up to three years and a fine of up to $36,000.
As stated by Premier Roger Cook:
"Cowards who offend against their partners and families deserve severe penalties.
"The reforms we are introducing into the Parliament today will see repeat and high-risk family violence offenders shackled and monitored, allowing police to swiftly respond to breaches.
"It's estimated these nation-leading new laws will apply to around 550 perpetrators every year.
"It is up to all of us to end family and domestic violence, and my Government is committed to keeping victims safe and holding gutless thugs to account."
As stated by Attorney General John Quigley:
"The Cook Government has undertaken significant family violence legislation reform to keep perpetrators accountable and better protect victim-survivors.
"Earlier this year, we moved to increase the penalty for removing electric monitoring equipment and provide for a mandatory minimum term of imprisonment for six months to reflect the seriousness of the offence.
"This Bill addresses the Government's commitment to strengthen electronic monitoring requirements for perpetrators of family and domestic violence in the community, including while on bail.
"The amendment in relation to coercive control is the first legislative reform as part of a phased response to the criminalisation of coercive control."
As stated by Prevention of Family and Domestic Violence Minister Sabine Winton:
"Electronic monitoring, in the context of family and domestic violence offenders, must be seen as part of the suite of responses available. It cannot be the single response to keeping perpetrators accountable.
"That's why this Government has made record investments into the prevention of family and domestic violence and introduced a range or legislative reforms and initiatives to address the problem.
"An important part of the solution to ending family violence is changing attitudes and behaviours, and stopping the violence before it starts.
"While there is still more to be done, the Cook Government is committed to eliminating gender-based violence in our community."
