Amend self-defence laws

The petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council the urgent need for clearer self-defence laws to better protect individuals and families in their own homes.

Concerned community members believe that current self-defence provisions don't sufficiently allow people to protect themselves, their loved ones, and property from unlawful intruders. Under current Victorian law, self-defence is only available as a defence if it is in response to a perceived threat, a person must have a 'reasonable' belief that they are facing a threat to their life or serious bodily harm. This is ambiguous and leaves law-abiding occupants vulnerable to criminal prosecution and/or civil proceedings, even when defending themselves against home invasions.

In the United Kingdom, there are special provisions for self-defence in a person's home, where people only contravene the law if their actions are considered grossly disproportionate. This recognises that people have more at stake in defending their own home than they would in public. Australian law does not recognise this distinction.

The petitioners therefore request that the Legislative Council calls on the Government to amend legislation to provide more clarity and protection for self-defence in the home, in line with the United Kingdom approach.