Peter Considine: domestic violence victim locked out of safe room loses lawsuit

A male victim of domestic violence has taken his matter to a civil tribunal after he was not allowed into a safe space at a local court house due to his gender.

Peter Considine has taken Legal Aid to NSW Civil and Administrative Tribunal after he claimed they discriminated him based on gender for not allowing him to use the safe room at the Murwillumbah Courthouse.

A man who launched a discrimination lawsuit against Legal Aid NSW after he was denied use of a domestic violence safe space at Murwillumbah Court has lost his case.

In dismissing the action, the court found the safe room was exempt under the Anti-Discrimination Act.

According to court papers, Peter Considine attended Murwillumbah Local Court on September 24, 2020 to put an apprehended domestic violence order against his former partner who had pleaded guilty to common assault against him.

The day before, Mr Considine attended the courthouse with a domestic violence liaison officer who showed him a safety room where he could sit to avoid seeing his former partner.

However on the day of court, he was denied entry by Sarah Bennett, from the Northern Rivers Women’s Domestic Violence Court Advocacy Service, who told him it was a “women’s safety room only”.

His offer to leave the safe space should any woman want to use it was also rebuffed.

Mr Considine made a complaint against Legal Aid NSW to Anti-discrimination NSW, which was referred to the NSW Civil and Administrative Tribunal.

socials

His case argued that as a victim of domestic violence he should have had access to the safety room regardless of his gender, and that to deny him this opportunity amounted to a contravention of the Anti-Discrimination Act by refusal of a service on the grounds of sex.

The matter was decided on papers on February 8, 2022.

Mr Considine gave evidence that Ms Bennett had said to him “You cannot come in here … are you the defendant?”, “This is the women’s safety room only”, “I do not know what you can do but you can’t come in here” and “Maybe go down the back near the men’s toilets.”

In her evidence, Ms Bennett denied ever raising her voice or referring to Mr Considine as a defendant.

The respondent for Legal Aid argued the target group for use of the room was “women aged 16 or older who are experiencing, or have experienced, domestic and family violence and their children” and the policy was exempt under the anti-discrimination act under special circumstances.

For this reason the tribunal dismissed the matter, stating in its findings the claim could not be “regarded as unlawful discrimination”.

Peter Considine has taken Legal Aid NSW to NSW Civil and Administrative Tribunal after he was refused use of a domestic violence safe room.

Speaking after proceedings finalised, Mr Considine said he had hit “discriminatory gender bias roadblocks” through all of his court proceedings.

“It is almost impossible, unless injured and close to death, to be taken seriously as a male victim of domestic violence,” he said.

He said at the Murwillumbah court he was told to go to the men’s toilets area to avoid his former partner when he was denied access to the safe room.

“There is no court advocacy for male victims and no support within the court environment on list days where ADVO matters are being heard,” he said.

“It is like male victims do not exist and if they do pop up then they should just shut up and cop it on the chin and go away.

“It is an untenable situation that has to be addressed if the politics decision makers are taking the equality of the genders – especially in domestic violence matters – seriously.”

He hoped in future court houses would have space assigned for male victims of domestic violence if the standing safe spaces cannot be shared.