The NSW Government recently announced a series of legislative reforms aimed at better protecting victims of domestic violence. The reforms which will be introduced in the parliament in September 2024, seek to enhance the legal framework in safeguarding victims of domestic violence.
Reforms
1. Tougher Penalties for Apprehended Domestic Violence Order Breaches
The reforms seek to increase penalties for breaches of Apprehended Domestic Violence Orders (ADVOs). ADVOs are civil Court orders which aim to act as protective measures for individuals who are at risk of domestic violence, but repeated breaches of ADVOs have remained a critical issue.
According to our Penrith Criminal Lawyers, under the current law contained in section 14 Crimes (Domestic and Personal Violence) Act 2007, breaching an ADVO carries a maximum sentence of two years jail and/or a $5,500 fine. However, the announced reforms will introduce two new aggravated offences of ADVO breaches which aim to address serious and repeated ADVO breaches.
The first announced offence will target individuals who knowingly breach an ADVO with the intent of causing harm or fear and will carry a penalty of up to three years jail and/or an $11,000 fine.
The second offence will target individuals who persistently breach ADVOs. According to our Penrith Criminal Lawyers the offence will be applicable where a perpetrator breaches an ADVO on three or more occasions within 28 days. This offence will carry a penalty of up to five years jail and/or a $16,500 fine.
2. Introduction of Serious Domestic Abuse Prevention Orders (SDAPO)
The reforms will also propose introduction of Serious Domestic Abuse Prevention Orders (SDAPOs). SDAPOs will allow Courts to impose a wide range of conditions on offenders to prevent further domestic violence offending.
SDAPOs could be sought when an offender has been convicted of two or more domestic violence offences with a maximum penalty of seven years jail or when a serious domestic violence charge is laid, regardless of the conviction status.
SDAPOs can be for up to five years, with any breaches punishable by up to five years jail and/or a $33,000 fine.
3. Broadening the definition of Stalking
According to our Penrith Criminal Lawyers, the definition of stalking is contained in section 8 Crimes (Domestic and Personal Violence) Act 2007 but it does not capture the use of technology by offenders to harass their victims and is defined narrowly as contacting or approaching a person using the internet or other means.
The reforms will address this by broadening the definition of stalking to include technology facilitated monitoring and tracking. The reform will seek to encompass any conduct that involves tracking or monitoring a person’s movements, communications, or activities through technology.
4. Process for Changing a Child’s Name
For victims of domestic violence, the process of changing a child’s name can be complicated as it involves the need for consent from both parents. The new reforms address this issue by allowing a sole parent to change their child’s name if they have a Family Court order authorising them to do so, without needing consent of the other parent.
The information above was announced in a Media release by the NSW government and summarised by our Penrith Criminal Lawyers.
