Page 993 - Week 04 - Thursday, 18 June 1992
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Until recently the established practice was for the AFP to notify the Domestic Violence Crisis Service immediately of any police calls to domestic violence incidents, telling them the name and address of the caller. This allowed Domestic Violence Crisis Service crisis workers to attend the incident and wait outside until police had ascertained that the situation was safe. The police would then ask the victim whether the assistance of the Domestic Violence Crisis Service was required. If it was, the workers came straight into the house. This practice formed part of the working guidelines which were drawn up by the AFP and the Domestic Violence Crisis Service soon after the latter's creation in 1988. This system has worked well.
The fact that the crisis workers were waiting outside enabled them to respond to a victim's request to see them immediately and made it more likely that the victim would seek their help and through them the help of the courts. The Domestic Violence Crisis Service would be able to offer the victim immediate support, such as emergency accommodation or medical assistance, as well as accurate information about available options.
Earlier this year the Australian Federal Police was advised that the practice of informing the Domestic Violence Crisis Service of the names and addresses of people making domestic violence complaints contravenes the Commonwealth's privacy legislation, except in very narrow circumstances. As a result the Australian Federal Police now tells the Domestic Violence Crisis Service only that a domestic violence call-out has been made and the suburb in which it has been reported. This has made the work of the Domestic Violence Crisis Service, in offering appropriate support to victims, very difficult and less efficient. I believe that the Domestic Violence Crisis Service plays a very important role in supporting victims of domestic violence in the ACT and should have legislative support to perform its work as efficiently as possible. I have been assured that its code of confidentiality is of the highest order and is respected in all cases.
The Domestic Violence (Amendment) Bill allows information to be disclosed by police to an approved crisis support organisation. It will allow me to approve a crisis support organisation by notice in the Gazette. This notice will be a disallowable instrument, thus giving the Assembly an important role. I propose to notify the Domestic Violence Crisis Service as an approved crisis support organisation under these provisions. This Bill overcomes the problem of breaching the Privacy Act, because it gives the Australian Federal Police legal authority to notify the Domestic Violence Crisis Service of relevant information about domestic violence calls.
The other legislative amendment proposed by the committee concerns the seizure of weapons under the Crimes Act of 1900. This is addressed by the Crimes (Amendment) Bill, which I will introduce shortly. I will now table the letter from the chairperson of the ACT Community Law Reform Committee on the legislative package and present the explanatory memorandum for the Domestic Violence (Amendment) Bill.
Debate (on motion by Mrs Carnell) adjourned.
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