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Legislative Assembly for the ACT: 1996 Week 9 Hansard (28 August) . . Page.. 2711 ..

MR HUMPHRIES (continuing):

The new Magistrates Court building project has addressed many practical concerns for the safety of victims and others by incorporating facilities for victims of domestic violence. On the legislative front, the Government supported, with amendments, a private members Bill introduced by Ms Follett in the Legislative Assembly on 23 March this year to provide for a stalking offence, and this legislation became operative on 10 July this year. We will also be introducing in this session Bills to amend the Bail Act 1992 and the Crimes Act 1900. These initiatives and, in particular, an amendment to reverse the presumption of bail for a domestic violence offence will go a long way towards strengthening the protection which exists currently in the ACT for victims of domestic violence.

The new presumption which will exist for domestic violence offenders is that police will be able to grant them bail only where they believe, on the balance of probabilities, that the offender does not pose a threat to the victim and is not likely to reoffend. Where a police officer cannot be satisfied that that is the case, he or she should arrange to have the offender brought before a magistrate for determination of bail. These amendments will tighten the eligibility for bail in the interests of the victim. This measure will represent a significant shift in policy so that the victim is the primary beneficiary. When these matters go to court, it is important for the victim to be able to testify without fear. For that reason, I am foreshadowing amendments to the Evidence (Closed-Circuit Television) Act which will provide for victims of domestic violence giving their evidence by video link. This concept can also be extended to witnesses in fear generally.

The Government accepts the first component of the committee's recommendations for a coordinated interagency response in full, that is, the establishment of a statutory domestic violence advisory council. However, the Government believes that it should be more than an advisory council. The Government proposes to set up a statutory Domestic Violence Prevention Council. The council would have broad responsibility for the implementation of domestic violence policy and programs in the ACT, across all agencies of government, and it would also play a coordinating and monitoring role, acting as a clearing house for domestic violence issues in the ACT. Its responsibilities could cover criminal and civil issues and include health, housing, education, law enforcement and other relevant areas.

Representation on the council would be at a senior officer level from areas responsible for service delivery and other areas which come into contact with domestic violence. It would also include community representation. In the case of some aspects of implementation, the council may wish to create subcommittees directly involving people in particular areas. I look forward to some input from members of this Assembly about potential appointees to the council.

I believe that the Domestic Violence Prevention Council will have a substantial effect in drawing together all policy and program initiatives and resources so that the outcome of prevention of domestic violence is achieved. The position of chair of the Domestic Violence Prevention Council will be filled by the Victims of Crime Coordinator.

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