As reported in the Age on the 18th of June ’24, New South Wales is leading Australia in meaningful action to reduce the burgeoning rate of death and assaults from Domestic Violence.
Premier Chris Minns, on the 14th of May, announced that Electronic Monitoring (EM), or ankle bracelets, will be introduced to perpetrators bailed.
Today, the 19th of June, West Australian Premier Roger Cook announced measures similar to those in NSW but much more comprehensive.
In the West, about 550 family and domestic violence perpetrators will be forced to wear ankle bracelets with the introduction of new laws to track and monitor high-risk perpetrators in the community.
The Apple Isle Tasmania has been using these devices since 2018 to manage Domestic Violence perpetrators with a high degree of success.
And while Victoria drags its feet on yet another initiative that will save lives, Domestic Violence victims are needlessly dying, being injured or living in self-imposed purgatory to try to keep safe.
This paper shows how victims and their families can achieve dignity and self-worth free from danger.
Based on the current research, nearly 70% of perpetrators who kill their partners have one thing in common – they all had interaction with the legal system before they committed the murder.
That means the courts are a major contributor to the system’s failure.
Premier Minns has taken the first steps with mandatory EM Monitoring as a condition of Bail. Still, the court hearing may be months or years away, so the EM intervention must be immediately after the incident or when the Apprehended Violence Order (AVO) is served.
In one case, we are aware that the perpetrator has avoided court for five years by seeking adjournments, so in NSW, he would avoid EM, and the victim continues to live in fear for the life of her family and self.
More than three out of five of the killers (68 per cent) had a prior engagement with police, 65 per cent had “prior engagement in a legal setting”, and 65 per cent had previous convictions for a criminal offence. Thirty-four per cent had prior convictions for family violence.
Police must be given the power to apply EM.
Given the statistical data, police are unlikely to get the use of EM wrong, but if they do, the issue can be resolved at the perpetrator’s first bail/adjournment hearing.
Modern technology solutions have been available for some time. However, timid politicians are more concerned about offending their perceived electoral sensitivities rather than protecting victims; perhaps they see them as unavoidable collateral damage.
A proper dispassionate interpretation of what the research tells us is that the likelihood of death or serious injury to domestic victims can be dramatically cut by using EM.
The EM must also be part of the Police Family Violence Safety Notice (FVSN).
If the Police have the power and see the need to issue an FVSN, then they should be able to implement the use of EM as part of that notice to ensure compliance and protect the victim during the period of heightened risk.
It is noteworthy that the data available to courts is the same as that available to the Police at the scene, with police having the advantage of seeing the demeanour of the parties at a time of stress, making their judgement far more informed than when the parties appear in the emotionally neutral court.
Police using this power can have their decisions overturned by a court, as an FVSN is also, in effect, a summons, and that is the proper place to test the evidence of the need for the ongoing EM compliance device.
The advantage is that the courts will no longer need to make orders for EM; they will need only to evaluate the extension. There would need to be compelling evidence for a court to order the device removed, and the court would need to be well satisfied that the judgement of the police who attended the scene was grossly misguided.
To get an accurate snapshot of just how significant the problem of Domestic Incidents is, the Crime Statistics Agency has produced some potent figures at,
More victims will die, and many more will be traumatised and living in constant fear as the government fails and meekly continues to accumulate blood on its hands instead of taking decisive action.
The government must get its act together and implement EM for persons issued with an FVSN by the Police as a matter of urgency.
The infrastructure, resources and technical knowledge are already well-established in the private sector and would be able to respond in short order; police training in their role in the process is minimal as the service provider looks after all technical aspects, including responses to fitting, servicing or adjusting the devices in the field as well as monitoring the devices 24/7 advising police (according to a Police protocol), of any breaches to the conditions imposed on that device.
There are no excuses for not establishing this initiative and using the private sector as a government response to establish or expand the ability to deal with this. In the best, most optimistic scenario, it will take 4-5 years.
Time the victims don’t have.