POLICY & LEGISLATION
POLICYWestern Australia
Domestic and family violence reform and service provision in Western Australia is governed by the WA Strategic Plan for Family and Domestic Violence 2009 – 2013.
This Plan focuses on providing better integrated service responses to families who find themselves victims of domestic and family violence. The Key Strategies included in the State Strategic Plan that aim to support the integrated response are to:
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Australia Wide
In March of 2009 the National Council to Reduce Violence against Women
and their Children released Time for Action: The National Council’s Plan
for Australia to Reduce Violence against Women and their Children, 2009
– 2021. This Plan focuses on strategies and actions for prevention,
early intervention, improved service delivery and justice with a view
that no woman should be a victim of sexual assault or domestic and
family violence. And that no woman should fear for her safety at home,
at work or in her community.
To view the Time for Action report and other papers produced by the National Council please Click Here to visit the FaHCSIA website.
The Federal Labor Government has released the National Plan to Reduce Violence against Women and their Children 2010 – 2022, which was endorsed by Commonwealth, State and Territory Governments on the 15th of February 2011. This Plan provides the framework for action by the Commonwealth, State and Territory Governments to reduce violence against women and their children.
Informed by the National Council’s Plan the vision of the National Plan is that:
“Australian women and their children live free from violence in safe communities.”
To measure the success of this vision, governments have set the following target for: “a significant and sustained reduction in violence against women and their children” during the next 12 years, from 2010 to 2022.
The National Plan is based around six national outcomes, these are:
Each of these outcomes has a list of strategies and key actions linked to them. For further information please Click Here to see the Federal Labor Government National Plan to Reduce Violence against Women and their Children 2010 – 2022.
To view the Time for Action report and other papers produced by the National Council please Click Here to visit the FaHCSIA website.
The Federal Labor Government has released the National Plan to Reduce Violence against Women and their Children 2010 – 2022, which was endorsed by Commonwealth, State and Territory Governments on the 15th of February 2011. This Plan provides the framework for action by the Commonwealth, State and Territory Governments to reduce violence against women and their children.
Informed by the National Council’s Plan the vision of the National Plan is that:
“Australian women and their children live free from violence in safe communities.”
To measure the success of this vision, governments have set the following target for: “a significant and sustained reduction in violence against women and their children” during the next 12 years, from 2010 to 2022.
The National Plan is based around six national outcomes, these are:
- Outcome One: Communities are safe and free from violence;
- Outcome Two: Relationships are respectful;
- Outcome Three: Indigenous communities are strengthened;
- Outcome Four: Services meet the needs of women and their children experiencing violence;
- Outcome Five: Justice responses are effective; and
- Outcome Six: Perpetrators stop their violence and are held to account.
Each of these outcomes has a list of strategies and key actions linked to them. For further information please Click Here to see the Federal Labor Government National Plan to Reduce Violence against Women and their Children 2010 – 2022.
LEGISLATION
Restraining Order’s Act
The main piece of legislation relating to domestic and family violence in Western Australia is the Restraining Orders Act 1997.
This Act allows the Court to make a Violence Restraining Order (VRO) when an act of abuse has been, or is feared will be, committed. A Violence Restraining Order can restrain a person (known as the respondent or when an order is made, the person bound) from either committing an act of abuse, breaching the peace, causing fear, damaging property or intimidating another person (known as the person seeking to be protected). At the discretion of the Court, Restraining Orders can also stop the respondent from:
Community Legal Centres, Women’s Refuges and other Domestic and Family Violence services can all assist and support you in applying for a Violence Restraining Order. You can also choose to have the first hearing in the absence of the respondent.
The Act also allows Western Australia Police Officers to make a ‘Police Order’ that can last for 24 or 72hours and restrains a person from committing an act of family and domestic violence by imposing restraints on their behaviour and activities. The restraints are similar to those that can be included in Violence Restraining Orders and can be applied at the discretion of the Police Officer.
Click Here to view a copy of the Restraining Orders Act 1997.
For further information on applying for a Violence Restraining Order please Click Here to visit the Magistrates Court of WA website.
This Act allows the Court to make a Violence Restraining Order (VRO) when an act of abuse has been, or is feared will be, committed. A Violence Restraining Order can restrain a person (known as the respondent or when an order is made, the person bound) from either committing an act of abuse, breaching the peace, causing fear, damaging property or intimidating another person (known as the person seeking to be protected). At the discretion of the Court, Restraining Orders can also stop the respondent from:
- Coming within a certain distance of you or your children;
- Being on or near your home, work or any other place specified within the order;
- Communicating or attempting to communicate with you, even through a third person;
- Living in or accessing the property where you both resided, prior to you obtaining the order;
- Preventing you from obtaining or using your personal property;
- Being in prossession of a firearm or firearms licence or obtaining a firearm or license; and/or
- Any other reasonable clause that will protect you and/or your children from acts of abuse.
Community Legal Centres, Women’s Refuges and other Domestic and Family Violence services can all assist and support you in applying for a Violence Restraining Order. You can also choose to have the first hearing in the absence of the respondent.
The Act also allows Western Australia Police Officers to make a ‘Police Order’ that can last for 24 or 72hours and restrains a person from committing an act of family and domestic violence by imposing restraints on their behaviour and activities. The restraints are similar to those that can be included in Violence Restraining Orders and can be applied at the discretion of the Police Officer.
Click Here to view a copy of the Restraining Orders Act 1997.
For further information on applying for a Violence Restraining Order please Click Here to visit the Magistrates Court of WA website.
The Criminal Code Act Compilation Act 1913
Domestic and family violence is a range of behaviours designed to control a person causing fear, these behaviours can be both criminal and non-criminal with the laws in each State and Territory differing in this respect. Although only some aspects of domestic and family violence are criminal offences, any behaviour that causes the victim to live in fear is insufferable.
The Criminal Code Act Compilation Act 1913 sets out behaviours that are defined as criminal offenses in Western Australia and can be responded to by the WA Police. If a person commits a criminal offense the Police are required to investigate and press charges against the offender.
Click Here to view a copy of the Criminal Code Act Compilation Act 1913.
For further information on criminal responses to domestic and family violence offenses please Click Here to visit the WA Police website.
The Criminal Code Act Compilation Act 1913 sets out behaviours that are defined as criminal offenses in Western Australia and can be responded to by the WA Police. If a person commits a criminal offense the Police are required to investigate and press charges against the offender.
Click Here to view a copy of the Criminal Code Act Compilation Act 1913.
For further information on criminal responses to domestic and family violence offenses please Click Here to visit the WA Police website.
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