Borrows Chester: Victims’ Orders Against Violent Offenders Bill — First ReadingText is incorporated into the Bound VolumeBorrows Chester: Victims’ Orders Against Violent Offenders Bill — First Reading[Sitting date: 27 August 2013. Volume:693;Page:13071. Text is incorporated into the Bound Volume.]Hon CHESTER BORROWS (Associate Minister of Justice)on behalf of theMinister of Justice: I moveThat the Victims’ Orders Against Violent Offenders Bill be now read a first time. I nominate the Law and Order Committee to consider the bill. This bill demonstrates the Government’s support for the victims of serious violent and sexual offences. The bill would create a new civil order called a non-contact order to reduce the likelihood of a victim of the 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 of victims can be hindered by ongoing fear and anxiety about the offender. Victims can suffer significant setbacks in their recovery if they come into contact with the person who offended against them.This Government is determined to support these victims. Through a non-contact order the court will be able to impose conditions prohibiting an offender from contacting the victim in any way and prohibiting an offender from living or working near the victim. The order will be available on application by the victim of the serious violent or sexual offence that resulted in the offender being sentenced to 5 or more years in prison for that offence. This will ensure that only the most serious offenders are captured by the order. The bill shares the definition of the “victim” in the Victims’ Rights Acts 2002 and a victim can include the close family members of a murder or manslaughter victim.There are already a number of mechanisms to restrict or monitor the behaviour of an offender. These include a mixture of conditions imposed at sentence and orders imposed on application. Examples of these are parole conditions extended supervision orders and civil and criminal orders. The purpose of these existing mechanisms is to manage offenders after their release from prison to enhance public safety and in the case of protection and restraining orders to protect individuals from perpetrators of domestic violence or harassment. However these mechanisms do not cover all situations. If an offender is not subject to restrictive parole conditions or in a case where a victim does not qualify for either a protection order or a restraining order the current law does not provide any mechanism for preventing unwanted contact with the offender.This creates the need for the non-contact order. Situations like the one we have seen in Invercargill where a convicted rapist moved near to his victim clearly demonstrate that everyday events such as walking past the driveway of the offender can be very stressful for the victim of a serious violent or sexual offence. Where these situations arise but the victim does not have either a restraining order or a protection order against the offender the police cannot take any enforcement actions unless and until the offender commits a subsequent offence. We want to ensure that victims are not left feeling unsafe in their homes and unprotected by the law.The new order is flexible to ensure that a judge can decide how many or how few conditions are necessary and which conditions are practicable 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. Breaches of the order will be punished by the same graduated penalty system as for breaches of restraining orders. The maximum penalty available will be up to 2 years in prison for multiple breaches within a 3-year period. This penalty ensures the breaches will be dealt with seriously.This order will help fill a gap in the justice system where victims are not able to access existing legal protection mechanisms. It shows the Government’s support for the victims of the worst offences and it will help those victims feel safer while they continue on their journey to recovery. I commend the bill to the House.