Domestic violence legislation: what are the changes, and what does this mean in relation to practice and assessments?

The new Family Violence Act has changed much about prosecuting family violence. It will introduce two new criminal offences - Suffocation and Strangulation and a Persistent Family Violence Offence, which change the landscape under which family violence is prosecuted. The Act also makes changes to expert evidence in family violence, i.e. in terms of ‘who is an expert?’ and there will be a requirement for directions to be given to the jury about family violence. Western Australia is the first state to introduce a Serial Family Violence Offender declaration - a means of identifying high risk family violence offenders who often move from victim to victim.

This presentation will discuss these amendments and also the other changes such as dowry abuse, explosive prohibitions, electronic monitoring, traffic fines and penalties.

Ms Kati Kraszlan is the Commissioner for Victims at the Department of Justice and advocates to Government for ongoing improvement in victim of crime legislation, policies and services in Western Australia.

Mr Tom Samuels is the A/Assistant Director, Legislative Services, Strategic Reform at the Department of Justice. He was the instructing officer on the bill and responsible for its passage through parliament.

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