More funding should be provided to family violence rehabilitation programs and culturally appropriate restorative justice processes as part of changes to family violence laws, an parliamentary inquiry has found.
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While recommending tougher family violence laws should pass, a Legislative Assembly committee inquiry found the government should keep tabs on the impact longer sentences had on offender rehabilitation.
Family and domestic violence would be made aggravating offences and allow courts to impose tougher sentences, under laws being considered by the Assembly, where a standing has recommended the government consider the laws' impact on perpetrators accessing restorative justice practices and community corrections orders as a result of longer sentences.
The proposed changes would mean courts would have to give specific consideration to family violence as a factor when sentencing a person.
Courts would have to consider certain elements such as whether the offending occurred at home, if a child was present or if the offender has any previous convictions for serious family violence offences.
Attorney-General Shane Rattenbury introduced the bill to the territory's parliament in February.
"The aggravated factor is to recognise that essentially, domestic violence occurs in the context of a trusting relationship," Mr Rattenbury said at the time.
"Therefore, there is an element that says as an Assembly, as a community, we're saying that there's scope for a higher penalty if the court sees fit."
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The standing committee on justice and community safety made seven recommendations, but ultimately concluded the legislation should pass.
The ACT government should investigate whether sentencing based on breaches of trust, rather than breaches in the context of family relationships, would result in fairer justice outcomes, and should include technological abuse in the definition of family violence.
The Attorney-General should update to the Assembly on the impact of the laws two years after the commencement of the Act once it has passed, the committee said.
"The committee believes that family violence issues are important, serious and complex and there must be effective responses to deter and respond to offences as well as improved access to justice for victim survivors," the report said.
The bill would also change the name of the offence of maintaining a sexual relationship with a child to "persistent sexual abuse of child or young person under special care", a move that was announced in February following advocacy from former the Australian of the Year Grace Tame.
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Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
