Police compelled to warn potential victims under ‘right to know’ push

Abusers’ pasts would be exposed to potential victims by police under new laws in the wake of three shocking domestic violence cases.

Police would be compelled to warn South Australians who they suspect are at risk of domestic violence, under a “right to know” scheme being considered by the State Government.

Attorney-General Vickie Chapman says the government will also investigate changing the law to more closely monitor abusers who are restricted by intervention orders meant to keep them away from their victims.

The measures come in the wake of three deaths allegedly linked to domestic violence across the nation last month, including nine-month-old Kobi Shep­herd­son, from Adelaide.

Latest data shows more than 1200 South Australians faced court for breaching conditions of an intervention order last financial year. However, only 128 ended up behind bars.

Kobi Shepherdson. Picture SA Police

Separate figures show more than 1100 charges of breaching an order were proven in court in the first half of this financial year. In the same six months, police issued more than 1500 new orders.

Ms Chapman told the Sunday Mail she was “committed to exploring” whether SA Police could be given the power, and responsibility, to warn people if they were involved with someone – such as a partner or family member – who posed a risk of violence or abuse.

“It is important that if, and when, police receive information they can act on it and potentially prevent domestic abuse before it occurs,” she said.

Similar schemes operate in the UK and Canada.

A Domestic Violence Disclosure Scheme already gives people who are worried about their partner’s behaviour the right to ask SA Police about their criminal history.

Officers can then disclose past crimes related to violence or abuse – such as assault or stalking – but not behaviour like fraud or speeding.

However, Ms Chapman said there is “scope and reason to explore expansion of this scheme to include right to know requests”.

“This would mandate proactive disclosures to those deemed to be at risk,” she said.

Ms Chapman said she was also open to changing the Intervention Orders Act to include “supervision and reporting requirements”.

An intervention order can be put in place by police or courts to prevent an abuser from contacting, stalking or being near a victim. However, there is little monitoring and it is often left to victims to call police if an abuser breaches the conditions.

Attorney-General Vickie Chapman. Picture: Naomi Jellicoe

Women have been killed while supposedly protected by intervention orders, including Adelaide mother Zahra Abrahimzadeh, in 2010.

Of the 743 people found guilty of breaching an order in 2019-20, 128 were sentenced to time in jail and 77 received a suspended sentence or were monitored in the community.

Among the remainder, 71 were fined and 27 made to do community service. In about 450 cases the charge was withdrawn and 13 were acquitted.

Last month, federal Women’s Safety Minister Anne Ruston said authorities “need to look at innovative ways that we can ensure these orders are enforced, which could include using technology or new penalty regimes”.

The State Government doubled penalties for repeatedly or violently breaching an order in 2019 – to a maximum fine of $20,000 or four years in jail.

But Opposition domestic violence prevention spokeswoman Katrine Hildyard has put a Bill to Parliament which would remove the option of a fine, which she says often go unpaid and do not deter abusers.

Her Bill would increase the maximum sentence to five years for a first breach and seven years if it involved a child.

That would rise to 10 and 12 years, respectively, for repeated breaches.

Ms Hildyard has launched an online petition calling for the Government to support her Bill.

“It is past time for change,” she said.