Domestic violence offenders face $1m fine for breaching protection order
Perpetrators of domestic violence who breach protective orders from the court could now be fined up to $1 million and be sentenced for up to one year in prison.
The previous penalties were a fine of $10,000 and or six months behind bars.
The penalties were outlined by Gender Minister Olivia Grange on Tuesday as she opened the debate on a Bill to amend the Domestic Violence Act of 1996 in the House of Representatives.
The minister outlined that section 4 of the bill empowers the court to issue protection orders that “serve as guardians against an array of potential harms; from harassment to property damage”.
“This isn’t just legal fine-tuning, it is a declaration of our commitment to safeguard the vulnerable and strike fear into the hearts of those who would penetrate harm,” Grange said.
She highlighted that amendments to clause 4 will result in penalties for breaching protection orders “dramatically elevated”. That elevation has moved the fine from $10,000 to $1 million and a doubling of the custodial sentence from six to 12 months.
“This is a bold statement to our society, a declaration that we will not tolerate the violation of the sanctity of personal security,” said Grange.
Meanwhile, gun owners accused of domestic violence will have to hand over their weapons. This, as section 4, sub-section 1(b) will now direct the respondent to return property jointly or separately owned by the prescribed person that the respondent has in his or her possession or control, and hand over to the police, any gun or other prohibited weapon in the respondent’s possession or control.
Clause two speaks to the individuals who can make an application for a protection order under the Act. They include the spouse or parent of an individual in respect of whom the conduct has been made or is likely to be made.
Where violence is used or is threatened against a child, or dependent, an application can be made by a person with whom the child or dependent normally resides or resides on a regular basis, the parent or guardian of the child, or a dependent who is not mentally disabled. Additionally, a constable, a person approved by the minister for social work and the Children’s Advocate can also make an order on behalf of a child.
And, the application for an order can also be made by a member of the respondent’s household or one who is in a visiting relationship with the respondent.
Clause 3 of the bill amends section 4 of the principal Act by deleting sub-section 1 and replacing it with provisions to prohibit certain actions which may affect victims of domestic violence.
“This amendment takes into consideration the myriad of ways a devious mind can seek to cause prolonged damage and violence to the life of an abused person,” Grange said.
Under this section, an application can be made to the court for a protection order against a respondent in respect of alleged conduct to prohibit the respondent from:
1) Entering or staying in the prescribed person’s household
2) Entering any area specified in a protection order where the residence of the prescribed person is located
3) Harassing the prescribed person
4) Damaging property of the said prescribed person
5) Dealing with the property of the prescribed person in a way that can be considered abuse of the prescribed person
According to the Memorandum of Objects and Reasons, the bill is seeking to afford greater protection for victims suffering from the scourge of domestic violence.
It seeks to amend the Act to increase the categories of individuals who may apply for an order, expand the scope of protection orders and increase penalties for breaching protection orders.