The Australian Government’s Australian Institute of Health and Welfare classifies ‘Family and Domestic Violence’ as violence that occurs in intimate partner relationships and family relationships. It defines the violence as “behaviours that cause, or intend to cause, fear or harm. Violence can occur in the form of threat, assault, abuse, neglect or harassment and is often used by a person or people, to intimidate, harm or control others.” This is consistent with the definition of domestic violence offences in the Crimes (Domestic and Personal Violence) Act 2007, although since the introduction of the Act there has been a gradual and increased focus by State and Federal Governments to include the notion of ‘family violence’ where relevant within the context of domestic violence.
The high prevalence of family and domestic violence, in conjunction with the publicising of successive high-profile instances of such violence, has pressured governments to respond to what is being referred to as a pandemic. A 2021-2022 Personal Safety Survey conducted by the Australian Bureau of Statistics found that approximately 3.8 million Australian adults, which is in the vicinity of 20% of the population, reported having experienced physical and/or sexual family and domestic violence since the age of 15.
Among the most highly publicised instances of family and domestic violence was Rowan Baxter’s murder of his estranged wife and children who passed away after Baxter jumped in their vehicle with a petrol can and set it on fire in Brisbane in 2020, before killing himself. Such violence has not been limited to Queensland, with NSW and all states and territories across Australia reporting family and domestic violence offences which often involve murder.
The responses from Federal, State and Territory governments have been both legislative and non-legislative in nature, with the intention to reduce the number of occurrences and to mitigate the impact when it does occur. In NSW, the then-Liberal Government under the leadership of then-Premier The Hon. Dominic Perrottet passed the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW), which amended the Crimes Act 1900 to create a new offence relating to abusive behaviour towards current and former intimate partners and amended the Crimes (Domestic and Personal Violence) Act 2007 to provide for a new definition of domestic abuse. The intention of the Bill was to have coercive control be a stand-alone offence and with its passage, NSW became the first Australian State or Territory to do so. It carries a maximum jail term of seven years.
Following the passing of the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) into law, the then-NSW Attorney General (and current NSW Opposition Leader), The Hon. Mark Speakman MP, stated in the context of its passage that “Coercive control is a form of domestic abuse that involves patterns of behaviour that have the cumulative effect of denying victim-survivors their autonomy and independence. It is a proven precursor to domestic violence deaths. Our community has grieved with the families of too many domestic violence homicide victims.” This statement was consistent with Parliamentary and public debate leading up to and during the consideration of the Bill and is a clear example of a legislative response to the high prevalence and publicity of family and domestic violence.
Another legislative response was the introduction of a new section in the Criminal Procedure Act 1986 (section 289VA), which now prevents unrepresented defendants from directly cross-examining complainants in domestic violence criminal proceedings and related apprehended domestic violence order proceedings.
Among the non-legislative responses to this issue include measures enshrined within the ‘NSW Domestic and Family Violence Plan 2022-2027,’ a plan created by the then-NSW Liberal Government. The plan provides strategic direction and sets out focus areas for action, with key components including the need to recognise children and young people as victim-survivors of domestic and family violence (DFV) in their own right. This is consistent with the shift towards incorporating the term ‘family’ within ‘family and domestic violence’ in relevant situations. By recognising the impact on children and young people, the NSW Government and its agencies extend the support and assistance, such as through hotlines and other measures, to these affected individuals.
With the under-reporting of family and domestic violence and the limited passage of time since recent measures have been introduced, the exact impact and benefit of these measures is unclear. However, what is known is that the instances of family and domestic violence are still occurring at a prevalent rate.
In you are accused of a family and domestic violence offence, call Criminal Lawyers Group anytime on 02 8815 8177 for expert advice from a senior criminal lawyer. We will provide an initial free consultation and work out a plan of attack in your case to give you the best change of obtaining the best possible outcome in your case. Contact us today!
