Family and domestic violence—Legislative reform
184. Ms Caitlin Collins to the Attorney General:
I refer to the Cook Labor government's unwavering commitment to keeping the community safe. Can the Attorney General outline to the house how legislative reforms delivered by this government are helping to protect and support victims of family violence?
Dr Tony Buti replied:
Thank you very much to the member for Hillarys and her commitment to trying to eradicate the scourge of family violence. This side of the house takes this issue incredibly seriously. We were the first government to appoint a Minister for Prevention of Family and Domestic Violence. We have had three outstanding ministers: the member for Fremantle, the member for Wanneroo and now the member for Kingsley. The other night, we passed the Evidence Bill in this house. The contribution made by all members was quite outstanding. The Evidence Bill, in one aspect, is a bill that will now make the reading of evidence easier for practitioners, the judiciary and, as the member for Maylands said, law students. It provides a uniformity of our evidence laws. Practitioners who work in Westerns Australian courts—state or federal jurisdiction—can in most cases now use the one set of evidence laws. However, we have retained those parts of the Evidence Act 1906 that are particularly advantageous to Western Australia.
The member asked what measures we have done that support victim-survivors of family and domestic violence and sexual offences. One of the main provisions of this bill is that it assists victims of family violence by allowing family violence complainants to be treated as a special witness in a family violence proceeding in a criminal court. That then brings in a number of measures that help those special witnesses. I have a whole list here of what the bill does, but I think there is no better support for the bill than what I received in a letter from Alison Evans from the Centre for Women's Safety and Wellbeing. The letter states:
CWSW warmly welcomes the new Evidence Bill 2025 which makes significant reforms for family and domestic violence, and child sexual abuse victim-survivors. In particular we want to emphasise the importance of the following changes:The long overdue prohibition of the Longman directionThe inclusion of family and domestic violence complainants to have automatic special witness statusExtension of expert evidence on family violence matters to civil proceedingsAllowance for audio and visually recorded statements to be admissible as evidence-in-chief for family violence mattersStrengthening the courts power to make orders in relation to the questioning of witnesses and behaviour of those questioning witnessesThe member for Thornlie talked about her experience as a journalist, observing many, many trials and how some sex abuse survivors were taken through the mill by defence lawyers. This bill goes to trying to make an environment where people will come forward to ensure that charges are laid. I will conclude with further comment from Alison Evans. Her letter goes on to state:
The Centre for Women's Safety and Wellbeing strongly supports reforms which will prevent further trauma or re-traumatisation; ensure both the physical and psychological safety and wellbeing of women and children who have experienced family and domestic violence and sexual violence and ensure all victim survivors are adequately supported to give evidence of a high standard. Such reforms will deliver more just outcomes for victim survivors. Many provisions in this Bill implement the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse which are critically important. The removal of the Longman direction is long overdue, particularly given the prevalence of delays in reporting sexual assault and/or family and domestic violence this direction means that the Longman warning actively punishes all complainants in this category of offence. This Bill will bring WA in line with the rest of Australia to ensure consistency and best practice. Thank you for your commitment to ensuring that reforms for family, domestic and sexual violence are based on the evidence and with victim-survivors at their centre.