16 OCTOBER 2002
RESTRAINING ORDERS HAVE LIMITED EFFECT IN PROTECTING VICTIMS OF VIOLENCE
SAYS AUDITOR GENERAL
An examination by WA Auditor General Des Pearson undertaken in response
to community concerns over the effectiveness of restraining orders as
a method of ensuring individual safety, has found that, on the whole,
flaws and variations in the system render the orders relatively ineffective
for the protection of victims of violence.
However, in his report tabled in Parliament today, Mr Pearson says that
restraining orders can work effectively and within existing resources
- but only if there is appropriate support and coordination by both government
and non-government services, and he cites integrated programs in the Geraldton
and Armadale police regions and the success of the Joondalup Family Violence
Court as to what can be achieved.
The report primarily reviews the effectiveness of the Restraining Orders
Act 1997 (introduced five years ago to address acknowledged inadequacies
in previous legislation) and whether that Act now affords the community
a measure of protection.
Some of the key findings in the report include:
- The Act has been in place for five years yet restraining orders are
not demonstrably more effective in the protection of victims of violence
than under the previous legislation.
- Whilst one of the more serious concerns with the pre-1997 legislation
was the overuse of restraining orders, the Act has increased the number
of restraining orders issued by 55%, and it is not clear whether any
of this increased use and access has been more appropriate or effective.
- It is possible that the overuse of restraining orders has diminished
their value as a protection to victims of violence, evidenced in the
fact that many applicants for restraining orders interviewed during
the examination stated that the existence of an order did not make them
feel safe.
- Some 69% of those served with a restraining order have a criminal
record and many have multiple orders taken out against them, making
it unlikely that this group of respondents will change their behaviour
in accordance with the terms of the order.
- Some groups in the community are unable or unwilling to access the
protection of restraining orders because of cultural and geographical
barriers; in particular, there is reluctance among Indigenous people
to access restraining orders.
- Police use of restraining orders as a replacement for charging perpetrators
of violence or misconduct was an area of concern to the majority of
magistrates interviewed as part of the examination; the practice being
in contravention of the stated police policy of laying charges where
there is evidence that an assault has occurred. Few of these victims
of violence lodge a successful application for a violence restraining
order, their primary reason being fear of retaliation.
- Following the introduction of the Act police gave greater priority
to the service of orders than they had previously; however, this has
not been maintained and currently only 58% of restraining orders are
served within four days, with the average time for serving an order
being over 6 weeks.
- Although seizure of licensed firearms routinely occurs at the time
of service of a violence restraining order, in 25% of cases reviewed
more than one week had elapsed between the issue of the order and the
subsequent seizure of the firearms.
Commenting today the Auditor General said: "Although restraining
orders are not a stand-alone solution to violence, misconduct or anti-social
behaviour in our community they can, and do, work effectively within existing
resources, but only where they are one element of a broader package involving
government and community support.
"Integrated programs such as the Joondalup Family Violence Court
have been shown to work effectively, whilst effective coordination of
government and non-government services has had a positive outcome for
the victims of violence in Geraldton and Armadale regions.
"I would urge all stakeholders to read the findings and recommendations
of this report, instigate measures to address the agency-specific concerns,
and adopt a more integrated and coordinated approach to the many challenges
outlined."
Ends/.
Media Contact: Peter Villiers, Manager Reporting and Communications
Tel: (08) 9222 7558. Mobile: 0417 936 171 Fax: (08) 9322 5664
4th Floor Dumas House 2 Havelock Street West Perth
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