New Commencement for Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 (NSW)

On 22 August 2016, Schedule 2 of the Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 (33 of 2016) [NSW] was proclaimed by Regulation 513 of 2016. The Act makes miscellaneous amendments to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and Chapter 9A of the Coroners Act 2009 (NSW) to give effect to the recommendations arising from the statutory reviews of that Act and Chapter; and for other purposes.

Background to the Act

According to the Attorney-General’s Second Reading Speech, Reducing domestic violence reoffending is one of the Premier's top priorities for New South Wales and this Act is the second to be introduced with these objectives in mind.

In March 2016, NSW introduced model laws to implement the New South Wales component of the National Domestic Violence Order Scheme. In passing those model laws, New South Wales became the first jurisdiction to give effect to the scheme to ensure that domestic violence perpetrators are held accountable across the country. Under the scheme, apprehended domestic violence orders issued in New South Wales will automatically be recognised and enforced across the nation, removing the need for victims to register their ADVOs in a court of the new jurisdiction to have them enforced, and to protect them when moving interstate. This Act continues the development of new domestic violence laws.

As stated above, the Act implements recommendations from two statutory reviews relating to domestic and personal violence.

In particular, the reviews addressed the following two specific Acts.

Crimes (Domestic and Personal Violence) Act 2007

The primary objectives of the Crimes (Domestic and Personal Violence) Act 2007 are to:

• ensure the safety and protection of all persons who experience or witness domestic violence; and,
• reduce and prevent violence by a person against another person where a domestic relationship exists between those persons.

The Crimes (Domestic and Personal Violence) Act 2007 aims to achieve those objectives by empowering courts and, following reforms introduced by this Government in May 2014, senior police to make apprehended domestic violence orders [ADVOs]. An ADVO is a civil order that allows an immediate response to domestic violence, prioritising the safety of the victim. A civil ADVO scheme was first introduced in New South Wales in 1982 and was continuously refined and improved until the current Crimes (Domestic and Personal Violence) Act was passed with bipartisan support in 2007. Today ADVOs remain a key tool of the justice system to protect victims of domestic violence.

In giving effect to the statutory review recommendations, this Act will expand the availability of ADVOs and give courts and police greater flexibility in the ADVO process to ensure they can offer the best protection and support to victims.

Coroners Act 2009

The primary objective of the Domestic Violence Death Review Team, as set out in chapter 9A of the Coroners Act 2009, is to examine domestic violence related deaths with a view to reducing the incidence of such deaths in New South Wales and to promote improvements in systems and services. The team is convened by the State Coroner, Michael Barnes, and brings together key government agencies, non-government organisations and sector experts.

In giving effect to the statutory review recommendations, the Act will further enhance the Domestic Violence Death Review team's role in reducing domestic violence in New South Wales by expanding its membership and reporting every two years to allow the team to fulfil its legislative function to the highest possible standard and better facilitate interagency collaboration.

The Act also makes an amendment to introduce plain English ADVOs, as announced by this Government in November last year. ADVOs are being rewritten in simple language tailored to the individual, removing the complex legal language found in current ADVO forms. This reform means that domestic violence perpetrators will no longer have an excuse for not understanding or complying with ADVOs and victims will better understand the protections afforded to them.

The remainder of the Act is awaiting proclamation.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 (33 of 2016) [NSW] and extrinsic materials as reproduced in TimeBase LawOne