SA Police “ready” to trial domestic violence disclosure scheme in South Australia

POLICE are ready to start a scheme which would warn worried women if their partner has a violent history, but need the new State Government to give the go-ahead.

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POLICE are ready to start a scheme which would warn worried women if their partner has a violent history, but need the new State Government to give the go-ahead.

The scheme enables police to release information about a person’s criminal history if there are fears for the safety of their partner.

Known as Clare’s Law, it was first introduced in the UK following the brutal 2009 murder of Clare Wood, who was oblivious to her partner’s history of abuse.

New Liberal Premier Steven Marshall wants a similar scheme introduced in South Australia and has said he is seeking an “urgent” briefing from SA Police.

Assistant Commissioner Scott Duval told The Advertiser SA Police had developed its preferred model and would put this to the State Government. “We’ve put a lot of thought into how we would deliver it,” he said.

“It’s hard to give the detail (now) because we need to work with the government on their position.

Assistant Commissioner Scott Duval.

“At any time, we are ready. The work has been done. It doesn’t come without its complexity, but it’s just discussing the issues with the Liberal Government and then determining where they want to go with it.”

The scheme was raised by advocates at a Government-convened roundtable on domestic violence yesterday.

The Advertiser first revealed in November 2015 that the then Labor Government was considering a domestic violence disclosure scheme in SA.

Late last year, former Premier Jay Weatherill committed to trialling the scheme and SA Police, the Attorney-General’s Department and the Office for Women began work on potential models.

New Attorney-General Vickie Chapman is reviewing what was drawn up for her predecessor and will soon meet with counterparts in NSW to learn about how a similar scheme operates there.

There may need to be legislative changes to give police the power to reveal a person’s criminal history, which could be put to Parliament when it resumes early next month.

Attorney-General and Deputy Premier Vickie Chapman.

There are some privacy concerns around how information would be released, and to who, but Mr Marshall said these could be managed.

“We believe that, as a principle, Clare’s Law needs to be put in place in South Australia,” he said.

“We just need to understand the practicalities of it ... to ensure this can be rolled out in a timely and safe manner. A lot of things look good on the surface but if you move too quickly, there can be unintended consequences which can be catastrophic.”

The UK scheme covers both “right to ask” cases — where information is requested — and “right to know” cases, where police warn potential victims without being asked to do so. SA authorities are considering who should be able to apply for details about a person’s record, who should decide whether to release information, and whether a person should be able to appeal against the release.

Mr Duval said it would be important to support applicants and supervise perpetrators once information is disclosed.

“If you get given information that your partner has got a range of offending that is quite concerning, we can deliver that information but you need to be provided with some support about ‘what are the implications if I choose to leave the relationship?’” he said.

Women’s Safety Service SA chief executive officer Maria Hagias.

Women’s Safety Service SA chief executive officer Maria Hagias agreed that was a “critical point”.

“It takes a lot of courage for a woman to come in and request information (about a partner),” she said.

“What we know is even if nothing is disclosed through that formal process, there’s obviously some indicators that are concerning that woman. Risk assessments and safety planning need to be done.”

Ms Hagias stressed that a woman could be triggered to ask about her partner’s history not just by a violent incident but by emotional abuse or “information she’s getting from elsewhere”.

“It could be quite threatening behaviour or it could be behaviours that raise a red flag for a woman ... that something doesn’t seem right,” she said.

Law Society of SA President Tim Mellor supported introducing Clare’s Law but said authorities must be “careful that what (criminal history) you’re talking about is solid fact, rather than accusation”.

Opposition police spokesman Lee Odenwalder, who lobbied for Clare’s Law in the Labor Government, said the Liberals “should press ahead” with a trial as a priority.