The Law Reform Commission is pleased to announce the release of its
Discussion Paper on
Enhancing Laws Concerning Family and Domestic Violence
The Law Reform Commission of Western Australia is pleased to announce the release of its Discussion Paper on Enhancing Laws Concerning Family and Domestic Violence. The reference was received from the Attorney General the Hon Michael Mischin MLC in July 2013 and required the Commission to review the operation of the Restraining Orders Act 1997 and to consider whether there would be benefits in having separate legislation governing family and domestic violence restraining orders, or separate legislation that only deals with family and domestic violence.
The Discussion Paper provides an overview of the nature and extent of family and domestic violence and the major national and state policy initiatives that have been developed in the area. The Commission has given consideration to the Western Australian justice system’s current response to family and domestic violence and the major problems now faced, a detailed review of the current laws pertaining to violence restraining orders and the response of those who bear the principal responsibility for enforcing the law, the Western Australia Police.
The Commission has consulted with over 150 individuals and representatives from government and non-government organisations with experience and expertise in the area of family and domestic violence and has considered specialist family violence courts and the operation of the criminal justice process, which is triggered once a criminal charge in relation to family and domestic violence offences is made.
The result is a Discussion Paper which sets out 29 questions and 53 proposals arising from the terms of reference, with consideration given to whether victims of family and domestic violence would be better served by having a separate Act that deals only with family and domestic violence offences, and the utility and consequences of such a reform.
The Commission invites comments on the questions and proposals set out in the Discussion Paper, which is available in hard copy or can be downloaded from the Commission’s website at www.lrc.justice.wa.gov.au. Comments or submissions can be made on an anonymous or confidential basis and can be in writing, addressed to the Law Reform Commission of Western Australia, Level 3, BGC Centre, 28 The Esplanade, Perth WA, 6000 or by telephone, fax or email to lrcwa@justice.wa.gov.au.
