Page 1320 - Week 05 - Tuesday, 5 May 2015
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MR CORBELL: Thank you, Ms Fitzharris, for the supplementary. I have mentioned already the new provisions that the government has announced it will introduce to the Assembly later this year to create, in the first instance, a new strangulation offence, which will have a lower threshold than the existing strangulation offence of an act endangering life under section 27 of the Crimes Act. Strangulation is established as an action which is a predictive risk factor for future severe domestic violence and for homicide. It is commonly alleged by women who have experienced domestic violence, and the new offence is proposed to ensure that victims are adequately protected by the law.
It is also proposed to ensure that, through amendments to the Evidence (Miscellaneous Provisions) Act 1991, police will be allowed to record evidence of complainants’ statements and this can be used as evidence-in-chief. These new special measures will allow fresh evidence to be presented clearly and effectively during a hearing, and will avoid instances where a victim has to present evidence to a court often months after an assault. Clearer evidence, provided to the defence at the beginning of a matter, could also support earlier pleas of guilty and reduce associated trauma to victims. So there are good reasons to pursue these reforms.
In addition, the government has begun consultation with the community about the recommendations contained in the commonwealth and New South Wales law reform commissions’ report into family violence. This includes investigation of how police-issued domestic violence orders could be adopted in the ACT. I anticipate introducing, early next year, the first stage of reforms to begin addressing the 131 ALRC recommendations that are specific to the territory. These are the types of efforts we will continue to make on this important issue. (Time expired.)
MADAM SPEAKER: A supplementary question, Ms Fitzharris.
MS FITZHARRIS: Attorney, are you able to explain in more detail what the recent changes to the victims of crime financial assistance scheme will mean for victims?
MR CORBELL: I thank Ms Fitzharris for her supplementary. The objectives of the reforms to the victims of crime financial assistance scheme I have recently announced are the result of ensuring that victims of violent crime recover, by the provision of financial assistance for expenses as well as recognition, through recognition payments, of harm that has been suffered.
Currently, the majority of victims, including many victims of domestic violence, are not eligible for special assistance payments unless an extremely serious injury has been incurred which is permanent in nature. This is an extremely strict test and makes it very difficult for a broad range of victims of crime, including victims of domestic violence, to receive payments under this scheme.
The proposed new scheme that I announced earlier this year will be more accessible. Applicants will no longer be required to lodge complex court forms or appear in court for out-of-time applications. Instead, the Victims of Crime Commissioner will administer the new scheme. This will provide easier and timely decision-making, with less requirement—indeed, little requirement—to have the matters dealt with in court.
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