Proposed Scheme to provide domestic violence history to partners

The NSW Liberals and Nationals Government have proposed to launch the “Right To Ask Scheme”, which will allow persons at risk of abuse to gain information on their partners offending history.  The proposed scheme is based on the UK’s Clare’s Law which was rolled out across England and Wales in 2014.  Clare’s Law was named after Clare Wood, who was murdered by an ex-partner in 2009.  Her partner had a criminal history which Clare was unaware of, even though the Police had knowledge of the history.

A previous domestic violence disclosure scheme which was trialled in NSW in 2016, remained unsuccessful due to the high costs and limited operation.  The Right To Ask Scheme will avoid some of the issues from the previous scheme by having a wider application across NSW and will include offences listed and not just convictions and is a part of a series of initiatives that will be rolled out including spending $100 million on specialised Women’s health centres that provide support to physical and mental health services, as well as domestic, family and sexual violence support.   

“There are simply too many heartbreaking stories of women and men being seriously hurt or murdered in circumstances where the perpetrators had a history of prior domestic and violent criminal offences that they didn’t know about,” Dominic Perrottet said. 

The new scheme will allow a person who is at risk, to apply via either an online portal or over the phone to access information about their partner’s history, with the information available in multiple languages.  The Right To Ask  Scheme is being developed in conjunction with a number of domestic violence organisations and any information will need to be approved by the NSW Police before it is released with secure privacy controls. 

There will also be an additional $700 million of funding to go towards supporting Women’s safety including:

• $20 million for up to 200 additional electronic monitoring devices;
• $426.6 million to expand the Core and Cluster initiative, to deliver and operate new women’s refuges that will support up to an additional 2,900 women and children escaping domestic and family violence each year. This is the largest funding commitment ever made to the domestic violence sector;
• Doubling Domestic and Family Violence leave for NSW Government sector employees from 10 to 20 days;
• Landmark laws to criminalise coercive control in intimate partner relationships
• Nation-leading affirmative consent laws, which commenced on 1 June 2022.
• Releasing state-wide plans to address domestic, family and sexual violence that will respond to and align with the National Plan.
• Banning self-represented people accused of domestic violence in criminal and related proceedings from directly cross-examining domestic violence complainants.
  
  

“..Our priority is to protect a woman’s right to be safe in a relationship..”

Minister for Women’s Safety and the Prevention of Domestic and Sexual Violence-Natalie Ward

If this article has raised concerns for you, please contact our office on 8525 2700 or click here to request an appointment with one of our experienced Family Law Team. 

For more information and updates the scheme please refer to the NSW Government website https://www.nsw.gov.au/media-releases/new-scheme-to-provide-protections-against-domestic-violence

If you or someone you know is experiencing sexual abuse or family violence contact:

• National Sexual Assault, Domestic Violence Counselling Service 24-hour helpline 1800 RESPECT on 1800 737 732
• 24-hour Emergency Accommodation helpline on 1800 800 588
• Safe At Home helpline on 1800 633 937
• SHE (free and confidential counselling and support) on 6278 9090
• Sexual Assault Support Services on 6231 1811, or after hours 6231 1817
• Family Violence Crisis and Support Service on 1800 608 122
• Bravehearts – Sexual Assault Support for Children on 1800 BRAVE 1
• Kids Helpline is for young people aged 5 to 25 on 1800 551 800 

Don’t go it alone. Please reach out for help by contacting Lifeline on 13 11 14

• Men who have anger, relationship or parenting issues, should contact the Men’s Referral Service on 1300 766 491 or the Don’t Become That Man helpline on 1300 243 413

Article written by Kate Allenby
Photo by Brett Jordan on Unsplash