Woodhouse Michael: Victims’ Orders Against Violent Offenders Bill — Second ReadingText is incorporated into the Bound VolumeWoodhouse Michael: Victims’ Orders Against Violent Offenders Bill — Second Reading[Sitting date: 06 March 2014. Volume:696;Page:16451. Text is incorporated into the Bound Volume.]Hon MICHAEL WOODHOUSE (Minister of Immigration) on behalf of theMinister of Justice: I moveThat the Victims’ Orders Against Violent Offenders Bill be now read a second time. This bill demonstrates the Government’s commitment to supporting victims of serious violent and sexual offences. I thank the Law and Order Committee for its consideration of the bill. The committee received 10 submissions and has recommended that it proceed with some amendments. Nine submissions expressed clear support for the intent of the bill. The committee has recommended several changes to the bill. Many of these changes reflect a shift from the non-contact order being modelled on restraining orders under the Harassment Act to protection orders under the Domestic Violence Act. The Government agrees with the committee that many of the provisions around protection orders provide a better fit to non-contact orders than restraining orders. The changes made by the committee will ensure that the bill achieves its intended purpose.That purpose is to create a new civil order called a non-contact order to reduce the likelihood of a victim of a serious violent or sexual offence coming into contact with the offender once they are released from prison. Research shows that the impact and effect of serious violent and sexual offences can last for a significant period of time after an offence has been committed. The healing and recovery process for victims can be hindered by ongoing fear and anxiety about contact with the offender. Victims can suffer significant setbacks in their recovery if they come into contact with the victim who offended against them. The Government is determined to support these victims.There is a range of mechanisms in place to manage offenders after their release from prison. These include release conditions imposed by the court or Parole Board as well as protection orders and restraining orders. However these mechanisms do not cover allsituations. Release conditions may apply only for a relatively short time or the victim may not qualify for a protection order or a restraining order. The non-contact order will fill this gap in the law. The Government wants to ensure that the victims of serious violent offences are not left feeling unsafe in their homes and unprotected by the law. The new order is flexible enough to ensure the conditions are practical and workable in the circumstances of each case. This flexibility should ensure that the order can be effective for victims no matter what their circumstances. For example it should be able to prevent or limit contact with the offender whether the person who offended against them has moved next door two blocks away or 5 kilometres away.An important change from the original bill is that eligibility for non-contact orders has been extended. The orders will now be available against offenders who are sentenced to a term of imprisonment of more than 2 years rather than 5 years or more for a violence offence against the victim. The bill is aimed at serious offenders and the newer threshold reflects the definition of a long-term sentence under the Parole Act.Another important change relates to the timing of an application for a non-contact order. In the original bill an application could be made only after the offender had been released from prison. The committee recommended that victims should be able to apply for an order at any time after sentencing. The Government has accepted this change. A victim will also be able to apply for a non-contact order without notice if the court is satisfied that delay would or might cause undue hardship for the victim. Where an order is made on application without notice it will be a temporary order. The temporary order will become final after 3 months unless the court having considered any issues raised by the offender orders otherwise. Victims will also be able to apply to have the order extended to associates of the offender. This will ensure that offenders cannot encourage others to do things that cause distress to the victim that they themselves are prohibited from doing.Providing an appropriate punishment for breaches of orders is important to ensure that they are properly enforced. The original bill provided for graduated penalties for breaches based on the approach for restraining orders under the Harassment Act. The revised bill provides for a maximum penalty of 2 years’ imprisonment or a fine of up to $5000 for any breach of the order. This will allow the court to respond to any breach of an order based on the seriousness of the breach whether or not it is the first time a breach has occurred.In summary the non-contact order will help fill a gap in the justice system where victims are not able to access existing legal protection mechanisms to avoid contact by the offender. It demonstrates this Government’s commitment to supporting victims of serious offences and it will help those victims feel safer while they continue on their journey of recovery. I commend this bill to the House.