Noeline wasn’t warned her ex had been released from jail early. Soon after, she was murdered

Warning: Aboriginal and Torres Strait Islander readers are warned that the following story contains an image of a deceased person.

No one warned Noeline Dalzell that her abusive ex-partner had been released from jail before he appeared at her door.

It wasn’t the first time he’d shown up unannounced and in breach of court orders. It ended when, during an argument, he fatally plunged a knife into her as their teenage children bravely – but futilely – tried to fight off their father.

Noeline Dalzell was murdered by her former partner.

“How many times does someone have to go through domestic violence and ultimately lose their lives like Noeline did with nothing to prevent it? The kids are the biggest victims. And that’s because the system let them down,” her sister-in-law Jenny Dalzell told The Age.

On Wednesday, the state coroner called for an overhaul of the way Victoria deals with family violence perpetrators, finding that the current system is failing to protect victims.

John Cain recommended major changes to prevent further abuse and killing, including the creation of a mandatory, automated system to flag the imminent release of an abuser.

“In Noeline’s case, all stakeholders could have taken a leadership role ... and no one did,” Cain said.

“Current strategies are not protecting victims.”

After subjecting her to more than a decade of domestic abuse, James Fairhall murdered Noeline Dalzell, 49, in her home in Seaford, in Melbourne’s south-eastern suburbs, on February 4, 2020.

During the attack, he reached over his teenage children – who tried to shield her from him – to stab the Indigenous woman in the neck.

When she fled the house seeking help – as her son tackled his father to the ground – Fairhall armed himself with another knife and ran out into the street, threatening neighbours as they attempted to perform CPR.

James Fairhall arriving at the Supreme Court.Credit: Nine News

Fairhall was found guilty of her murder in 2021 and jailed for 25 years with a non-parole period of 18½ years.

Cain’s recommendations pave the way for major changes from legislative and ground level to prevent further abuse and killing.

Responsibility for informing stakeholders and families of an abuser’s imminent release lies with the investigating police officer. They failed to warn Dalzell that Fairhall had been sentenced to time already served behind bars for violence against her and would be released in November 2019 – months earlier than first thought.

As part of his sweeping recommendations, Cain called for an independent review of the adequacy of Victoria Police’s family violence investigation units.

He also said legislative changes to treat family violence perpetrators the way we do sex offenders could enhance their monitoring.

“It’s concerning that such a significant and concerning issue has not been resolved,” Cain said.

“In evidence [at the inquest], key leaders were unable to answer questions about who is to take the lead role in cases like Noeline’s.”

Cain said major changes to the way organisations including Victoria Police, Corrections Victoria and family violence experts such as Orange Door shared information about abusers was also needed.

A past court sketch of James Fairhall.Credit: ABC News

He cited an ongoing failure within Victoria Police to provide frontline officers who attend such call-outs with information collected by specialist family violence detectives.

Cain said there was also resistance within Victoria Police to sharing information with other agencies, with the state currently having no idea who led the management of these types of cases.

The coroner found Dalzell and Fairhall’s three children – aged 13, 15 and 16 at the time of their mother’s murder – were largely “invisible” to the system. It failed to recognise them as victims – both at the time of her death and now.

“In the course of this inquest, I was deeply saddened by [the] persistent and preventable violence Noeline’s children ... observed and experienced throughout their lives,” the state coroner said.

Mal and Jenny Dalzell with their lawyer Sarah Condon outside the Coroners Court of Victoria on Wednesday.Credit: Wayne Taylor

“I commend them for their resilience and extraordinary bravery.”

For Dalzell’s family, the pain of losing her in such horrific circumstances continues to haunt them.

When Fairhall was released, he re-entered the community with no fixed address, no mobile phone and little way for authorities to track him down.

Noeline’s brother, Mal Dalzell, said the family thought Fairhall had 15 months to serve, but he was released after just 60 days.

Mal and Jenny Dalzell say the government must urgently implement the recommendations.Credit: Wayne Taylor

“You see it on the TV just about all the time,” he said.

His wife, Jenny, said documents they were given after Noeline’s murder showed many police reports had been made about Fairhall – but next to all but one it read “case closed”.

She praised the coroner for his recommendations and called on the state government and police to implement them all, particularly to ensure families were automatically notified of an abuser’s release from custody to give them time to make safety plans.

“Noeline shouldn’t have lost her life to the hands of a perpetrator like him,” she said.

“The night the murder happened when we were driving home in the early hours of the morning, Paige, the eldest, who was 16 at the time, said, ‘At least the police turned up quickly tonight.’

“There are big flaws in the system.”

On Wednesday, Victoria Police Chief Commissioner Shane Patton agreed family violence victims should be notified when their abusers are released from prison, but said there were protocols to determine who was responsible for doing so.

“I’ll step through those protocols and see who they attribute that responsibility to, and if it’s Victoria Police, then we’ll assess whether we should have done better or we need to improve on something,” he said.

The Dalzell family’s lawyer, Sarah Condon, of Robinson Gill, said the findings were a powerful wake-up call to the government.

Condon said Dalzell’s death remained a horrific and intolerable illustration of what occurred when the system collapsed.

“It is an example of the cumulative effect of agencies, including Victoria Police, Corrections Victoria and Child Protection, passing responsibility, without taking responsibility,” she said.

“Fairhall’s conduct was known to all involved from the onset; his pattern of family violence, incarceration, release, family violence, repeat, was plain to see.”

A Victoria Police spokesperson said the organisation extended its sincere condolences to the Dalzell family.

A Victorian government spokesperson thanked the coroner for his work, and said it the recommendations would be carefully considered.

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636.

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