Page 5308 - Week 17 - Thursday, 13 December 1990
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close attention. It would appear that it has significantly benefited this community by significantly altering the power relationships that lead to domestic violence.
It is legislation which has been only effective because it has been well supported by the Australian Federal Police. In law reform, it is one thing to put a statute on the books; it is another thing to have it implemented. Certainly the reports that we get, and I am sure that the Attorney gets, are that the Federal Police are enthusiastically assisting in implementing the domestic violence legislation by assisting individuals to obtain orders and implementing the orders with a degree of sensitivity and discretion. That is very heartening.
The problem with the domestic violence order legislation was, I suppose, its limited scope. It applied, effectively, to a spouse relationship, and there were many situations where protection was needed but was not covered by the DVO. This amendment to the Magistrates Court Act provides a streamlined method for the so-called keep-the-peace order - the restraining order. As the Attorney-General said, it is applicable in neighbour disputes or disputes between boyfriend and girlfriend. Generally speaking, it is applicable to those areas that are not covered by the domestic violence legislation. It follows, essentially, a similar model. It has the importance of the DVO and has the importance of the restraining order. It is relatively quick and inexpensive to obtain. There is provision for interim orders to be issued ex parte, so that the order, where needed, can be quickly obtained, and it can be made permanent, or otherwise, by a court hearing, somewhat after the event.
We enthusiastically welcome this legislation. The Leader of the Opposition, in the adjournment debate last night, did raise some concerns about aspects of the way the DVO legislation is now operating insofar as it is being applied by magistrates. There are longstanding and well recognised resourcing problems in the DVO legislation which will probably, no doubt, continue to apply with the keep-the-peace order.
It would seem that there is a continuing need for better counselling and support systems, principally to the victim - the complainant for the DVO or the keep-the-peace order - but also for the person whom the order is directed against. This would assist them to accept that violence is not an acceptable solution to a domestic or neighbourhood problem and to accept that the courts may legitimately step into what some people, unfortunately, see as a private affair and no business of courts and police.
This legislation, together with the domestic violence legislation, makes the point that, in a civilised society, violence is simply an unacceptable method of resolving disputes between individuals. It is a situation that is obviously apparent to us; but, sadly, in some areas of the
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