Family violence law reform
Ms MAXWELL (Northern Victoria) (11:58): I hold here a plethora of information and in particular the findings of the inquest into the death of Joy Rowley.
The PRESIDENT: Who is your question to, Ms Maxwell?
Ms MAXWELL: Sorry. My question is to the Attorney-General, and it relates to the commitment of the government in 2019 to legislate non-fatal strangulation as a standalone offence. In 2011 Joy Rowley was murdered by strangulation and suffocation. After the family fought for an inquest into her death, the coroner said in her findings that a standalone offence for strangulation, suffocation or choking in Victoria may significantly help to recognise the serious risk for victims and remove the need to prove particular intent or harm. The offence is in place in other jurisdictions. I recently met with the family of Ms Rowley, who still suffer enormously from the loss of their mother. They are disappointed and frustrated that, despite a promise from the government in 2019 to legislate this offence, they are still waiting. Minister, can you update this house on the status of this legislation and if the government will commit to passing the legislation in this term of Parliament?
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:59): I thank Ms Maxwell for her question, and indeed my condolences go to Joy Rowley’s family. It is an important issue. It is really complex, though. It is something that I continue to pursue. We are having detailed consultations with stakeholders at the moment. I do intend to bring legislation this year. We do know that non-fatal strangulation is a serious and insidious crime. It is often difficult to detect, but what we do know is that it is very often, particularly in family violence situations, a precursor to murder, which is why we have committed to act. But you need to get the laws right; you need to make sure that police can with confidence bring a charge for such an offence. So, Ms Maxwell, it is something I am committed to. It will be a standalone non-fatal strangulation offence. Consultations are closing in on the final stages, and I suspect I will have an update for this chamber in the not-too-distant future.
The PRESIDENT: Members, before I call Ms Maxwell on a supplementary, whether you are asking questions or responding to questions or making a ministers statement, please watch the clock.
Ms MAXWELL (Northern Victoria) (12:01): The last contact the family had from the department on your behalf was the promise of a verbal update on 11 January 2022 or a reply by letter addressing the issues discussed in the 2020 updates. The family requested that the response be in writing. They have had no response, so I am wondering why they are still waiting and when this letter will be sent.
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (12:01): Thank you, Ms Maxwell. I was not aware of that commitment, but I can give you a commitment to indeed give an update to the family. It is through stakeholder engagement that the complexity has arisen. In relation to how we want to land on this offence and what it will look like, it has involved a lot of intense consideration by both me and the department, so I would prefer to go back to the family when that is more settled, which is very close, as opposed to going to the family with all of the issues. The thing we want to avoid is unintended consequences in creating a new law. It is certainly something I am committed to, but I do not want to get it wrong. We have had ongoing conversations with police, prosecutors and victims, and I commit to following up that matter and making sure the family get a timely update.