Coercive control legislation
627. Hon Michelle Boylanto theparliamentary secretary representing the Attorney General:
I refer to the years of advocacy and national momentum dedicated to coercive control criminalisation.
(1) What is the reason that Western Australia is yet to introduce coercive control legislation, noting that Tasmania, New South Wales and Queensland already have?
(2) What protections are in currently in place for victim-survivors of coercive control?
(3) What risk assessment on the consequences of this legal gap has been undertaken?
(4) What allocation of funding has this Cook Labor government made for frontline training, police education or public campaigns in the lead-up to coercive control legislation?
Hon Dan Caddy replied:
I thank the member for some notice of the question.
(1) Western Australia is implementing a phased approach to criminalisation, as recommended by the Office of the Commissioner for Victims of Crime, which was asked to report on how best to respond to this behaviour. The report Legislative Responses to Coercive Control in Western Australia recommended a phased approach and was informed by feedback from victim-survivors and family violence stakeholders, as well as data and evaluations from countries and states that have introduced a coercive control offence.
(2) Since 2017, over $550 million has been invested in new supports and services responding to family and domestic violence. This includes a range of new frontline services for adult and child victim-survivors and new interventions for perpetrators of violence. The Cook government recently introduced amendments to the Restraining Orders Act 1997 to ensure that the patterned nature of coercive control is included in the definition of "family violence" and considered by the court in determining whether restrictions should be placed on the perpetrator, which means victim-survivors of coercive control can apply for a family violence restraining order. Breaching a restraining order carries a maximum penalty of two years imprisonment.
(3) Western Australia's statute book contains many protections for victim-survivors of family violence, including restraining orders and electronic monitoring. Elements of coercion and control are also able to be prosecuted under existing offences in the Criminal Code.
(4) The Western Australian Government has invested in coercive control education through a $5 million coercive control community education campaign; $2.51 million for legal and justice sector coercive control education, the funding for which is being used to educate lawyers, police, adult and youth community corrections officers and custodial staff; and $6 million in a new workforce entity that will support family and domestic violence–informed workforces across government, the community sector and Aboriginal community–controlled organisations.
The President: Parliamentary secretary, I suggest that you consider standing order 106, and advise your representative minister and agency of the same, immediately.
