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I rise today to speak on the Crimes Amendment (Non-fatal Strangulation) Bill 2023. The purpose of this legislation is to make non-fatal strangulation committed against a family member a standalone offence. As it stands, Victoria is currently the only state that does not have specific non-fatal strangulation laws. The ACT introduced legislation in 2015 and New South Wales in 2014, and they also brought forward reforms in 2018. The Northern Territory introduced laws in 2020, Queensland in 2016, South Australia in 2020 and Tasmania in 2022, and Western Australia brought laws into effect in 2020. The introduction of the offence in these states has significantly improved knowledge among frontline workers about the risks and harms of strangulation, so I hope that here in Victoria a greater understanding of its risk and harms should lead to more appropriate referrals and enhanced safety. I am pleased to see Victoria join the rest of the country in recognising the significance of this crime. In Victoria strangulation is commonly charged as an assault, which absolutely does not reflect the seriousness of the offence.
Under this proposed legislation the offence of non-fatal strangulation will be categorised in two forms. The most serious form will require the prosecution to prove the offender intended to cause injury and will attract a maximum 10-year prison sentence. A second form will not require proof of injury, and it could attract a five-year maximum penalty. In such cases it will be possible for the accused to demonstrate there was affirmative consent and avoid conviction. Non-fatal strangulation that falls outside of the scope of this bill will continue to be dealt with by existing offences, such as assault.
Much of the momentum behind this bill being introduced comes from the Joy Rowley case and the courageous advocacy shown by her family following her tragic murder. I want to thank her family for their continued activism and for never tiring in their push for this legislation. Strangulation is sadly a common and gendered form of violence reported by up to 60 per cent of family violence survivors. It is recognised as a form of coercive control and often forms part of a pattern of controlling and manipulative behaviours within a relationship. Through strangulation, abusers can show they literally hold the survivor’s life in their hands. One thing that is incredibly alarming is that if someone has been strangled by their abusive partner, they are up to seven times more likely than other survivors of family violence to face severe harm and even death in the weeks and months afterwards.
Devastatingly, 15 per cent of deaths attributed to family violence are caused by strangulation. These deaths can occur in around a minute, with minimal pressure. Sometimes death can occur weeks or months after strangulation because of blood clots, stroke and brain damage. Even when it is not fatal, injuries can be long lasting. This includes a loss of consciousness, brain injuries resulting in memory loss and pregnancy miscarriage. Short-term injuries are common too and may include bruising and sickness. However, in about 50 per cent of cases, victims have no visible injuries even when they lose consciousness. This piece of legislation is addressing a significant area of family violence and will hopefully bring our legislation up to the levels of our neighbouring states.
In regional areas, including my electorate of Euroa, breaches of family violence orders is one of the primary offences committed. It is the number one recorded offence in the Benalla, Strathbogie, Mitchell, Campaspe, Greater Shepparton and Greater Bendigo LGAs, which cover the Euroa electorate. In 2022 Benalla was said to have the highest rate of family violence per capita in the entire north-east of Victoria, and numbers have only gotten worse. In Benalla family violence incidents are up 17 per cent from last year, and the numbers are alarmingly more than double the state average. There were a total of 423 family incidents in Benalla this past year and 289 breaches of family violence orders for an area with just 10,000 people. To put that into perspective, the next highest offence recorded was criminal damage, with 108 incidents for the same period. The numbers continue to rise each year for family violence, and more needs to be done to address this issue.
These statistics paint an alarming picture, but Benalla is not alone. The Mitchell shire has seen an 11 per cent rise to nearly 1100 total family incidents and 736 breaches of family violence orders. Many of these incidents occurred in Seymour, one of the largest towns in my electorate. In 2021 a news article declared:
If Seymour were an LGA, it would have the highest family violence incident rate in the state.
Despite these heartbreaking statistics, Seymour remains without a physical point of contact for those experiencing family violence. I recently spoke about family violence in the region with former police prosecutor Peter Comte, who spent 20 years on the job in Seymour. During this discussion several areas of concern about family violence were raised, including its frequency, how it is policed and adjudicated and also how support is offered to those who have survived it. When Peter first started his role, there were a few family violence incidents mixed in with the general case load, and now the courts require an entire day every single week just to handle these cases due to the alarming frequency of them. When it comes to strangulation, he points out that there have been difficulties and shortcomings in the investigation stage. With police trained to look for evidence, the frequent lack of visible injuries from strangulation have meant that too many cases have been ignored or charged with a low-level unlawful assault. This stresses the need for education amongst our police services and our courts. I know of local women who have decided not to come forward because of a lack of support after the incident as well as in the courts. They have decided to live in danger because coming forward without support was even more dangerous. The court decisions, Peter said, had been watered down. Despite high maximum penalties, the adjudications were often settled at the minimum or not punished at all. Survivors often felt like the ones on trial. It was their testimonies picked apart while the perpetrator rarely had to give evidence at all.
Sadly, there are not enough support services in many of our regional areas. In Seymour and Benalla, the Salvation Army has protected our women and children by providing temporary short-term accommodation at motels for survivors. Thankfully, we are starting to see more support groups emerge in regional communities, with groups like the Orange Door and the Centre Against Violence. While outreach services exist, both operate outside Seymour and Benalla, and I know of incidents where the barrier of transportation has prevented women from seeking help. While community awareness of violence against women and their children is growing and the quality and availability of support services are increasing, we are still seeing the amount of crimes grow at a very concerning rate.
While this bill is set to introduce important legislation to address this crime, I have my concerns about how this will actually be policed, particularly in regional areas. The Labor government’s neglect of Victoria Police is putting the safety of our local communities at risk. With rising crime rates and declining police numbers, stations are operating at reduced hours and our single-officer stations are at risk. How are police going to be supported to help enforce this new legislation? There has been an alarming increase in crime across regional Victoria, particularly in youth crime, family violence and farm crime. Criminal incidents rising by over 10 per cent in a year across multiple regional communities needs to be taken seriously. We know it is becoming increasingly difficult to prevent crime with fewer officers on duty. Labor promised to recruit up to 2000 new officers, but the latest Victoria Police annual report confirmed there are 319 less police officers compared to last year. We have heard the Minister for Police say there were no staffing problems across Victoria Police, but these numbers do not lie. There are 800 general Victoria Police vacancies, with an annual exodus of 500 officers from the force and more than 800 police officers off duty on WorkCover. It has come to light that one out of every five police officers are expected to leave in the upcoming year. The consequence of this is a loss of 3500 dedicated officers from active duty.
A study by Swinburne University has revealed a staggering 67 per cent of officers feel burnt out, workload pressure is skyrocketing and stress levels have reached unprecedented heights. Police whistleblowers have raised the alarm, stating that major crimes, including sexual assault, are taking three years to be investigated. Intervention orders are not being served on time, police vehicles remain idle and stations are closing without notice. Police shortages are now affecting vital frontline services. Keeping our community safe is crucial and I am pleased to see this legislation addressing that, but it is essential for the government to also focus on improving staffing at our local police stations to make sure that laws like this one are actually effective and not just created without impact.