As part of this strategy, new legislation is being introduced to amend the Crimes (Domestic and Personal Violence) Act 2007 to provide for information sharing between certain government and non-government agencies for the purpose of facilitating access to services for victims of domestic violence.
The Crimes (Domestic and Personal) Violence Amendment (Information Sharing) Bill is being introduced in response to issues arising and recommendations made in the following reports and inquiries:
- 2010: The Australian and NSW Law Reform Commissions Inquiry ‘Family Violence – A National Legal Response’
- 2011: The Auditor General’s Report ‘Responding to Domestic and Family Violence;
- 2012: The Legislative Council’s Standing Committee on Social Issues ‘Inquiry into Domestic Violence Trends and Issues’
These reports identified a lack of a coordinated response to domestic violence, resulting in very few victims being referred to appropriate support services, and the ineffectiveness of current consent-based referral processes. The reports recommended more integrated government and non-government responses, ongoing and responsive collaboration and improved information sharing through the introduction of legislation and protocols.
The principles of information sharing under the Domestic Violence Justice Strategy are:
- The safety of victims and their children is paramount;
- Informed consent to share information must be sought and obtained from victims, unless unreasonable and impracticable;
- Victims can choose which agencies and organisations they engage with;
- Victims have the right to receive domestic violence support services without consenting to information sharing;
- Perpetrators are held accountable for their actions;
- Any escalation of violence is identified and responded to; and
- Information sharing must be secure, timely, accurate and relevant.
The purposes of information sharing under the Domestic Violence Strategy are:
- To ensure the safety of victims and their children and reduce any threat of harm;
- To improve access to and coordination of domestic violence support services to victims;
- To ensure that perpetrators are held accountable for their actions; and
- To prevent perpetrators from re-offending.
Read the Bill.
