Victoria's Right to Know: Growing Calls for 'Clare's Law' to Unmask Abusers and Prevent Domestic Violence
A push is gaining momentum in Victoria for a "right to know" scheme, often called "Clare's Law," which would allow individuals to inquire about a partner's domestic violence history. Proponents argue this preventative measure is crucial for enhancing safety and curbing family violence across the state.
A critical debate is unfolding in Victoria surrounding the potential implementation of a domestic violence disclosure scheme, often referred to as 'Clare's Law'. The state's opposition has pledged to introduce such a scheme within its first 100 days in power if it secures victory in the upcoming November state election, marking a significant policy proposal aimed at enhancing community safety.
This proposed legislation would empower individuals to formally ask police whether their current or prospective partner has a history of domestic abuse. The initiative draws its name from a groundbreaking UK scheme established in 2003, following the tragic murder of British woman Clare Wood, who was unaware of her partner's violent past.
A Preventative Shield Against Abuse
Victorian Opposition Leader Jess Wilson recently articulated the core philosophy behind the proposed law during a tour through Gippsland in eastern Victoria. "This is fundamentally about prevention," Ms. Wilson stated. "Our aim is to intervene and halt domestic and family violence before it ever has a chance to occur, protecting individuals proactively."
The comprehensive scheme, as outlined by the opposition, would not only facilitate information disclosure but also include provisions for developing individual safety plans, providing referrals to vital support services, and offering two complimentary trauma-informed counselling sessions to those who receive concerning information.
The concept of 'Clare's Law' is not new to Victorian political discourse. In November of last year, Victorian Shadow Minister for Prevention of Family Violence, Cindy McLeish, introduced a private member's bill advocating for a similar disclosure scheme. Despite Ms. McLeish's assertion that the bill represented "another crucial step" in addressing domestic violence, emphasizing that "it's about prevention and we know it needs to play a greater role," the legislative attempt was ultimately voted down.
Government's Stance and South Australian Success
The current Victorian government has, to date, not committed to implementing 'Clare's Law'. A government spokesperson, responding to queries regarding the scheme, reiterated the administration's dedication to victim safety, stating that they "wouldn't put a price" on it. While not directly addressing 'Clare's Law', the spokesperson highlighted the government's ongoing efforts, including plans to criminalise coercive control, ban good character evidence as a mitigating factor in sentencing, and introduce further reforms aimed at protecting victim-survivors and holding perpetrators accountable. "Victoria continues to lead the nation in responding to family and sexual violence due to our commitment to reforms that safeguard victim-survivors," the spokesperson affirmed.
Meanwhile, the neighbouring state of South Australia offers a compelling case study. Since its introduction in October 2018, South Australia's Domestic Violence Disclosure Scheme has processed over 4,000 applications. An independent review conducted by the University of Essex lauded the scheme as a "world leader" in the realm of domestic violence prevention.
Mergho Ray, Manager of Integrated Programs at Women's Safety Services in South Australia, unequivocally believes the program is saving lives. "My conviction is that this scheme fundamentally holds abusive behaviours to account, providing a crucial tool for safety," Ms. Ray explained.
Community Champions Demand Change
The call for 'Clare's Law' is resonating deeply within Victorian communities, particularly in areas grappling with high rates of family violence. Latest data from the Crime Statistics Agency reveals East Gippsland experiences 4,655 incidents per 100,000 people, the highest rate across Victoria.
East Gippsland Mayor Jodie Ashworth is a staunch advocate for the scheme. "Family violence is undeniably one of the most severe challenges facing our community," Cr Ashworth remarked. She believes 'Clare's Law' could serve as an invaluable preventative tool if adopted. "It's about empowering people with access to vital information, reducing harm, and ultimately, saving lives when they possess the knowledge to make informed decisions," she added.
The Country Women's Association (CWA) Victoria is also at the forefront of this advocacy. Marie Vassallo, President of CWA Victoria, described the potential adoption of 'Clare's Law' as a "game changer." Following six months of dedicated campaigning, the CWA unanimously passed a resolution in favour of the scheme's introduction. "This represents the collective voice of over 4,000 women statewide, urging the Victorian government to legislate a domestic violence disclosure scheme," Ms. Vassallo stated, pledging to escalate their efforts to ensure the government understands the critical need for this legislation. "It's a straightforward decision that should transcend party politics," she concluded.
Opposition Leader Jess Wilson echoed this sentiment, expressing the Coalition's readiness to collaborate across the political divide to enact the law. "This is an issue that must rise above daily political maneuvering. It is fundamentally about preventing domestic and family violence before it causes irreparable harm," Ms. Wilson reiterated.