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Tough new laws to protect domestic violence survivors

Laura Dare by Laura Dare
June 3, 2024
in In the media
Tough new laws to protect domestic violence survivors
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As the nation faces a domestic violence crisis, the state government is beefing up legal support and protection for victim-survivors to make South Australia safer for women and children.

A woman has been killed by a man every four days this year in Australia. In a major step forward to combat this horrifying statistic, the South Australian Government has passed landmark new laws designed to keep abusers away and give victim-survivors the support they need. This is a pivotal step in addressing the national crisis. Here’s what you need to know:

Ending the cycle of abuse: Stricter bail conditions

The heart of these changes is about breaking the cycle. If certain defendants charged with a violent act related to domestic violence are then granted bail, they’ll face much stricter conditions than ever before.  

Defendants granted bail on a charge of breaching a DV-related intervention order by either threatening or committing a violent act will be subject to mandatory strict conditions of home detention and electronic monitoring – similar provisions to defendants accused of serious or organised crime offences.

Defendants won’t be able to leave home without a specific permitted reason, like travelling to work or to a medical appointment. The monitoring device provides real-time alerts to authorities as soon as any home detention conditions are breached.

It takes an incredible amount of strength to report domestic violence. These changes will give victim-survivors more confidence in the justice system and let them know that even if an abuser is released on bail, they will be closely monitored. 

If you or someone you know is experiencing domestic and family violence, reach out to the Domestic Violence Crisis Line (24 hours) at 1800 800 098 or 1800RESPECT (24 hours) at 1800 737 732.

More help for DV survivors to leave

The state government has also passed legislation providing paid leave for victim-survivors. Public service workers who experience domestic and family violence are now entitled to 15 days of paid leave, easing the financial burden and allowing them time to focus on safety and recovery.

South Australia’s Equal Opportunity Act has also been updated to protect DV survivors from discrimination. It’s now illegal to discriminate against someone in the workplace or when accessing housing because of their experiences with domestic violence. This removes an unfair barrier for survivors trying to rebuild their lives.

It’s not just about laws – a Royal Commission is coming

Starting 1 July, South Australia launches a year-long Royal Commission specifically focused on domestic, family, and sexual violence in our state. This is a huge commitment to understand the root causes of this epidemic and find lasting solutions.

Led by Natasha Stott Despoja AO, the Royal Commission will have a strong focus on empowering the voices of survivors and will have powers to recommend policy, legislative, administrative and structural reform. 

It isn’t about reinventing the wheel – it will build on what we already know works, while looking for new and innovative approaches focused on:

  • Prevention: How can we change the harmful attitudes that contribute to violence before it starts?
  • Early intervention: What are the signs someone is at risk of perpetrating or experiencing violence, and how can we intervene early on?
  • Response: When violence happens, what types of immediate support makes the biggest difference?
  • Recovery and healing: How do we support survivors long-term to break the cycle and prevent future trauma?
  • Coordination: How can governments of all levels, charities, and frontline workers coordinate their efforts better?

The fight beyond the courtroom

These landmark changes are part of a much broader fight the state government is making against the scourge of domestic violence. The state government’s other initiatives include:

  • Moving forward with legislation to criminalise coercive control 
  • Committing $1 million to the recently established southern and northern DV prevention and recovery hubs
  • Providing $800,000 to restore funding to the Women’s and Domestic Violence Court Assistance Service
  • Reinstating funding for Catherine House, which offers crisis and longer-term accommodation for women
  • Setting aside a proportion of public housing for women escaping violence
  • Rental law reforms that include additional support for victims of domestic violence
  • Funding a public awareness campaign targeting the prevention of violence against women and children 
  • Undertaking a review into consent and sexual assault laws
  • Investing in an education program being run in sporting clubs across the state.

The federal government is taking action too

This comes as the federal government announced $925 million to help DV victim-survivors leave abusive relationships. The “leaving violence payment” of $5,000 will help meet the costs of leaving a relationship along with services, risk assessments and safety planning.

The federal government also announced new measures to tackle factors that exacerbate violence against women and children, including: 

  • New legislation to ban deepfake pornography
  • $6.5 million extra funding for the eSafety commissioner to pilot age verification to protect children from pornography and other age-restricted online services 
  • Introducing anti-doxing legislation.

If you or someone you know is experiencing domestic and family violence, reach out to the Domestic Violence Crisis Line (24 hours) at 1800 800 098 or 1800RESPECT (24 hours) at 1800 737 732.

Tags: domestic violenceLawRoyal CommissionSouth Australia
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