Derryn Hinch’s Justice Party has moved in Parliament to make family violence in the presence of a child a summary offence.
Northern Victoria MP Tania Maxwell said the proposal put by party state leader and Western Victoria MP Stuart Grimley had been developed with support from Toby*, a child survivor, and victim survivors including Rosie Batty and Simone O’Brien to recognise the impact of family violence on children.
Toby came to Parliament on Monday to talk about watching his mother being physically assaulted.
“On one occasion he thought she would be killed, but police and courts don’t see Toby as a victim,” Ms Maxwell said.
“Yet what he saw continues to have a profound impact on his life.
“The latest Crime Statistics Agency Victoria data shows more than 77 per cent of children who witnessed a family violence incident reported to police had an interaction with the justice system within five years.
“This shows it’s an issue that needs to be urgently addressed.”
The Derryn Hinch’s Justice Party motion proposes a maximum two-year prison term for those convicted of family violence witnessed by a child.
The offence would include violence that is damaging but may not be physical.
The party also proposes that offenders be required to participate in ‘Caring Dads’, a men’s behaviour change program now offered in Melbourne and Geelong but turning away clients because of overwhelming demand and inadequate funding.
“Despite $3.5 billion of spending in the family violence sector since Victoria’s 2016 Royal Commission into Family Violence, spending is not keeping up with demand for services,” Ms Maxwell said.
“Crime data shows children were present in 33,216 family incidents reported for the year ending March 2022. This means kids were present in more than 36 per cent of all family incidents reported to police across the state.”
Ms Maxwell said research to support a collaborative call with Hume Riverina Community Legal Service and Centre Against Violence in Wangaratta for a Specialist Family Violence Court in Victoria’s North East showed family incidents were rife across Northern Victoria.
“In Mildura, family incidents reported in the year to March were 160pc above the Victorian average of 1360 incidents per 100,000 people,” she said.
“In Swan Hill incidents were 132pc above the state average, in Benalla 92pc, Greater Shepparton 84pc, Campaspe 72pc, Wangaratta 56pc, Wodonga 47pc, Mitchell 46pc, and Greater Bendigo 44pc.
“It’s a shocking reality and on too many occasions it’s seen by children who are more likely to become victims and perpetrators, relieve their trauma with alcohol and drugs, and get into trouble with the law when they are older – especially boys.
“That’s why we need to make this an offence.”
[Note: Toby* is not the child’s real name]
