Northern Territory Second Reading Speeches
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DOMESTIC VIOLENCE AMENDMENT BILL 1998
(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)
Bills presented and read a first time.
Mr STONE (Attorney-General): Madam Speaker, I move that the bills be now read a second time.
The purpose of the bills is to make amendments to the Sentencing Act and the Domestic Violence Act, necessary to facilitate the commencement of the domestic violence perpetrator’s program. In introducing the domestic violence strategy in 1994, my government set down a number of objectives or action strategies providing a framework for activities under the strategy.
One of the strategies was the that there will be an exploration of court-mandated programs for offenders. The program could apply to an offender who breached a restraining order or committed a domestic violence-related offence. A perpetrators’ program involves the offender being required to attend a specially structured course. International research indicates that programs for offenders are more effective than any other criminal justice sanction. The evidence indicates that only 33% of offenders participating in programs re-offend whereas 75% of offenders subject to other types of sanction such as a fine, bond or imprisonment, re-offend.
In 1996, a subcommittee of the Domestic Violence Coordinating Committee was established to consider and report on perpetrators’ programs. Extensive research was conducted by the Office of the Women’s Policy. A legal issues group, chaired by Justice Sally Thomas and consisting of representatives of various agencies, considered legal aspects.
I am please to advise the Assembly that the Office of Women’s Policy has been funded by the Commonwealth, under the Partnership against Domestic Violence initiative, to conduct a perpetrators’ program on a pilot basis. The program will be conducted through the Department of Correctional Services and, subject to enactment of legislation, will commence operation in early 1999. I will now detail some other features of the program that it is proposed will apply:
An order will be made where an offender has breached a restraining order or committed certain offences defined as ‘domestic violence offences’. These include assault and other offences relating to property damage;
An order will generally be made at the time of the finding of guilt or plea of guilty relating to the offender;
There will be an assessment by Correctional Services staff of whether a person is suitable to attend a perpetrators’ program;
An order can be made without the consent of the offender or the victim; and
It is proposed that the program will be initially conducted in Darwin, with courses conducted both with Berrimah Prison and outside. If there are sufficient places in outside courses, persons who have not been convicted of an offence will be able to attend on a voluntary basis.
I now turn to the bills themselves. The Sentencing Amendment Bill includes a new division, Division 3 of Part 8 to the Sentencing Act.
Proposed section 78H provides for a category of a domestic violence offence, which can be the basis for a perpetrators’ program order. These include offences such as assault causing grievous bodily harm or behaving in a provocative or offensive manner to the victim.
Proposed section 78J enables me to declare a program to be a perpetrators’ program. Under proposed section 78K, the court can order a person to participate in a perpetrators’ program when it finds a person guilty of a domestic violence offence or breaching a restraining order under the Domestic Violence Act.
Such an order can only be made when it receives a report from the Director of Correctional Services that the offender is a suitable person to participate in the program and there is a place available in that program. Such an order is in addition and not in substitute for any other sentence imposed or required to be imposed. It cannot be made on a sentence for murder and, as indicated, can be made without the offender’s consent.
Proposed section 78L imposes duties on a person attending a perpetrators’ program such as to follow the directions of the director.
Proposed section 78M provides for review process for perpetrators’ program orders. The terms or the order can be varied if the offender and the director agree. Otherwise there is a procedure for applying to the court for review. The court can consider factors such as the following:
That the offender is in custody;
That the behaviour of the offender is such that the carrying-out of the order is impractical; and
That the circumstances of the offender have materially altered so that they are unable to comply with the order.
The court can order variation of the terms and conditions of the order or a discharge of the order.
Proposed section 78N deals with the breach of a perpetrators’ program order and specifies when the offender is in breach and enables a summons to be issued for the offender to appear before the court if not already in custody. The court may confirm, vary or revoke the order. Breaching a perpetrators’ program order can constitute an offence.
Clause 5 of the bill provides that a perpetrators’ program may be made in relation to offences committed after commencement of the legislation.
The Domestic Violence Amendment Bill makes consequential amendments to the Domestic Violence Act. It likewise applies to offences committed after commencement of the legislation. A perpetrators’ program order cannot be made if the effect was to relieve an offender from their requirement to otherwise serve a sentence. Breaching a perpetrators’ program order can be taken as a breach of a restraining order.
Madam Speaker, these bills and indeed the whole program demonstrate and show the government’s commitment to taking practical steps to deal with the problem of domestic violence, and I commend the bills to honourable members.
Debate adjourned.
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