Allan government accused of ‘passing the buck’ on lifesaving domestic violence reform

The Allan government has been accused on passing the buck on a lifesaving domestic violence reform, as advocates fear the bureaucratic “merry-go-round” could place victims’ lives at risk.

The Allan government has been accused of “passing the buck” on potentially lifesaving domestic violence reform that would warn victims about results of their abusers being hauled before the courts.

State coroner John Cain called on Victoria Police and the government to alert all domestic violence victims with an active intervention order case about their abuser’s court outcomes after James Fairhall stabbed Seaford mother Noeline Dalzell to death in front of their three children in 2020.

The Herald Sun revealed earlier this month that Victoria Police knocked back the proposed reform, arguing the courts were better placed to issue details about the outcomes of proceedings.

They also cited resourcing shortages within the force and victims being difficult to contact.

When the Herald Sun questioned Victoria Police, the Department of Justice and Community Safety, the Department of Families Fairness and Housing and the courts about who should take responsibility for implementing the potentially lifesaving measure, each agency deflected responsibility to one another.

Domestic violence advocates fear that bureaucratic “merry-go-round” could place victims’ lives at risk.

Noeline Dalzell, 49, was killed by her former partner, James Fairhall, at her Seaford home on February 4, 2020.

“What we’re seeing now is a lot of finger pointing, and buck-passing and the lack of accountability for the overall system and how family violence is responded to and prevented in this state,” No to Violence chief executive Phillip Ripper told the Herald Sun.

“We hear stories all the time of men who continue to harass and intimidate victim-survivors, sometimes even from within the prison system itself, so these issues are real.”

In high-risk cases, Judge Cain said police and government departments should warn victims about their attackers’ prison release or court decisions within 48 hours.

Currently, victims can opt in to be alerted through the state’s Victims Register.

Premier Jacinta has been accused of “passing the buck” on essential domestic violence reform. Picture: Nadir Kinani

But they cannot be put on the register if their perpetrator has not been sentenced, was sentenced to a community corrections order or was not found guilty because of mental impairment.

They are also ineligible if the offender is serving a sentence in another state or territory or if their sentence, parole, supervision order or detention order has finished or they are transferred interstate.

“If Victoria Police don’t have the resources to implement the recommendations of the coroner, they shouldn’t just be left in the too hard basket,” Mr Ripper said.

“It’s time we started shifting the burden and that courts, police, government agencies started to put victim survivors at the centre of their work.”

Safe and Equal chief executive Tania Farha said the departmental “oversight and handballing” meant the opt-in model of the register did not offer victims enough support.

“We’ve seen too many victim survivors fall through the cracks, resulting in serious harm and death,” she said.

Opposition family violence spokesman Cindy McLeish said it was ‘absolutely vital’ victims were properly notified.

“Relying on this as the only notification measure places the onus on a victim survivor to manage their own safety and keep track of their perpetrator.”

Fairhall, who is currently serving a 25-year sentence for Ms Dalzell’s murder, had an extensive history of family violence against her and had been released from jail three months before he killed her in their son’s bedroom.

Her family told the Herald Sun that the beloved mother might still be alive if she had been warned about Fairhall’s release.

“Noeline wasn’t notified when James got out. Had she been, it might have been a very different story,” her sister-in-law Jenny Dalzell said earlier this month.

Despite fury from victims’ families and advocates following the rejection of Judge Cain’s key recommendation, Premier Jacinta Allan defended the current model.

“We have, through the multi agency risk and assessment management framework, all the agencies working together,” she said.

Opposition family violence spokesman Cindy McLeish, however, slammed the Premier, saying it was “absolutely vital” that victims are properly notified.

A government spokesman said it was up to Victoria Police to accept or reject recommendations, and up to prosecutors to inform victims of court outcomes in criminal matters.

She, however, noted that the government was looking at fast-tracking and lengthening family violence intervention orders.

Originally published as Allan government accused of ‘passing the buck’ on lifesaving domestic violence reform