Thursday, 17 August 2023

Stalking law reform

Michael O’BRIEN (Malvern) (17:33): (305) My adjournment matter is directed to the Attorney-General, and the action that I seek is for the Attorney to provide a formal response to the Victorian Law Reform Commission’s report on stalking, which was completed in June 2022, together with a time line for the implementation of recommendations that are agreed to by the government. A significant impetus for the referral by the Attorney to the VLRC was the tragic killing of 20-year-old Celeste Manno in 2020. As that matter is currently sub judice, I will be appropriately careful in what I say here. However, that tragic and avoidable case exposed significant flaws in not only our laws but the way in which the broader justice system in this state responds to non-family-violence stalking. I take this opportunity to commend the advocacy of Celeste Manno’s loving mother Aggie Di Mauro, who has been tireless in her efforts to see real systemic change to stalking laws so that other parents are spared the terrible burden that she and her family have endured.

I agreed with the decision of the government to refer the issues around non-family-violence stalking to the Victorian Law Reform Commission for inquiry. The commission provided an interim report on 6 April 2022 and finalised the report in June 2022. The government waited until September 2022 to table the final report, which contains 46 recommendations for reform. Since that time, we have yet to see from the Andrews government a comprehensive response to the very important issues raised in the commission’s final report. There is an urgent need to act. As the VLRC itself says in the final report:

The law and justice system must change so that:

People who experience stalking are protected by adequate safety measures.

The justice system responds to the justice needs of victim survivors.

People who stalk are accountable for their behaviour and are given the opportunity to address it.

So while the enormous gaps in our justice system when it comes to dealing with non-family-violence-related stalking have been identified by the VLRC, and solutions proposed via 46 recommendations, so far the Andrews Labor government has failed to formally respond. This delay is not only concerning, it is dangerous. The longer the failures in our justice system are allowed to continue, the more innocent lives will be put at risk. A member for the South-Eastern Metropolitan Region in the other place Mr Limbrick raised these concerns in May this year, yet still the government has failed to act. That is why I call on the Attorney-General to formally respond to the VLRC report with a comprehensive time line for implementation, because lives are in the balance.