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Ensure family violence offences are appropriately 'flagged'

Recommendation:
081
Status:
In progress

Who is leading the change

  • Department of Justice and Community Safety

The Victorian Government ensure that offences committed in the context of family violence are appropriately ‘flagged’ —for example, by:

  • enhancing current links between Victoria Police’s, courts’ and Corrections Victoria’s databases
  • amending the Family Violence Protection Act 2008 (Vic) to deem criminal offences committed in the context of family violence to be ‘family violence offences’ for the purposes of being recorded in relevant databases
  • The Department of Justice and Community Safety is working together with Court Services Victoria and Victoria Police to:

    • investigate the current information technology system capacity
    • investigate the funding implications for the information technology system updates
    • investigate potential resourcing implications for Court Services Victoria and Victoria Police
    • develop the legislative proposal to flag family violence offences on offenders’ criminal records
    • undertake consultation with stakeholders, including through the Chief Magistrate’s Family Violence Taskforce, the Family Violence Steering Committee and the Victim Survivors’ Advisory Council
    • develop legislation to flag family violence offences on offenders’ criminal records
    • work with affected stakeholders to prepare for the legislative amendment to flag family violence offences on offenders’ criminal records to commence
  • Stakeholders have been consulted, through a consultation paper that outlined a proposal to flag family violence offences on offenders’ criminal records and then through a draft Bill. Stakeholders consulted during this process included representatives across government and non-government organisations within the specialist family violence, justice, children and families, and legal services sectors as well as various committees.

    The consultation paper was also presented to the Judiciary Advisory Group on Family Violence, the Chief Magistrate's Family Violence Taskforce, the Family Violence Steering Committee, the Victim Survivors' Advisory Council, the LGBTI Justice Working Group and the DJCS Koori Caucus Working Group.

    Feedback provided from stakeholders on the draft Bill, particularly the courts and Victoria Police, raised issues regarding how the proposed amendments might operate in practice, including the need for IT system changes within the courts and Victoria Police to give effect to this recommendation.

    Following targeted consultation with the courts and Victoria Police to further consider the proposed amendments and explore how to best implement a scheme to flag family violence offences on offenders’ criminal records in practice, it is proposed to align the implementation of the scheme with the delivery of the Magistrates’ Court’s new Case Management System.

  • Forecast implementation date: 30 June 2021.

Reviewed 17 May 2020

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