Page 5134 - Week 17 - Wednesday, 12 December 1990
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that it is a matter that is worth debate, and I think that Mr Collaery's own actions in bringing forward the keep-the-peace legislation this week indicate that he also has some concerns about this matter. I support his bringing forward of that legislation.
Mr Speaker, the point that I chiefly wish to emphasise concerns the implementation and the enforcement of domestic violence orders. I am aware that in this field the type of apparent breach of the domestic violence order that occurred in that case is, in fact, not unusual. We should not write it off as an unusual or extreme case, tragic as that may be. There are many examples of women and children who live in fear of violence and who live with violence itself. And that continues even after a domestic violence protection order has been granted.
I have told members before in this place and on this same subject that the New South Wales police statistics indicate that half of all female murder victims are murdered by their spouses. Of course, all of those murders must be regarded as being in the realm of domestic violence. It is not the kind of crime that you can sweep away or treat as some other kind of a crime. It is murder.
In the case that I have referred to I am aware, and I have been told by everybody concerned, that the police acted in a completely exemplary manner. They did consider it a very serious case, they were aware of the record of that case, and they, in fact, opposed bail on this occasion. Obviously, in any case it is very difficult for a magistrate to decide whether a person should be deprived of their liberty or not. It is all too easy for people to criticise the failure to grant bail whereby a person would have remained in custody, and in this particular case I believe he would have had to remain in custody until he got a hearing in about January. So, it would have been easy to criticise a decision to keep that person in custody. (Extension of time granted) But I think it is very important to note that in passing laws about domestic violence it is quite clearly the wish of this Assembly that those laws be fully implemented and that every domestic violence case must receive very serious treatment.
I am quite convinced that the police do treat them seriously. I would also like to be able to say that the Magistrates Court also treats them seriously, particularly when its officials have the advice of the police on the matter. I think that there have been some pretty glaring inconsistencies in the courts concerning the treatment of domestic violence cases. I am aware, of course, that courts have to take into account the principle of the civil liberty of the usually male offenders, but I believe that the nature and the seriousness of the assaults, usually against women and children, should be very carefully weighed, at least as carefully as the civil liberty rights of the offenders.
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