Thursday, 19 October 2023


Questions without notice and ministers statements

Stalking law reform


Georgie CROZIER, Jaclyn SYMES

Questions without notice and ministers statements

Stalking law reform

Georgie CROZIER (Southern Metropolitan) (12:01): (312) My question is to the Attorney-General. According to the ABS, stalking affects one in six women, with the latest crime figures showing that in the past year alone there have been 1100 non-family-violence-related stalking offences, which is an increase of 12 per cent on the previous year. Your government has been petitioned by the parents of Celeste Manno, who was tragically killed and a victim of stalking. Attorney, why has your government failed to act to overhaul laws that would protect victims of stalking, mostly women?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:01): I thank Ms Crozier for her question. It is a really important issue. Everyone, regardless of who they are, has the right to feel safe, and any behaviour that makes people feel unsafe is completely unacceptable. I have met with the family of Celeste Manno on a number of occasions. It is one of the most horrific circumstances that a family has ever gone through. I have met with a lot of people in a lot of harrowing situations, and this is one that will stick with me for some time. I have attended speeches that Aggie her mum has delivered along with other victims of family violence and stalking, and I have had regular meetings with her in relation to what the government is doing in response to concerns that she holds for other families or other victims of stalking. What we have seen is a practice change within police and a pilot in relation to risk assessment of stalking behaviour when somebody is granted a personal safety intervention order. We also had the Victorian Law Reform Commission look at this issue and provide advice to government.

You have asked a very broad question in relation to advocacy for particular legislative reform. As I know what Aggie has requested, I am assuming that you are referring to electronic monitoring, because that is a conversation that I have had with Aggie and others in relation to whether it is appropriate for the government to consider electronic monitoring for breaches of personal safety intervention orders. This is a matter that was looked at by the law reform commission, and it was not recommended for government at this time to have a scheme such as that. It is a very complex and sensitive area. Whether someone should be subjected to monitoring when they have not committed an offence is something that is open for different views. The sense of security, falsely, that victims might have if someone has electronic monitoring is a concern that family violence stakeholder groups have raised with me in particular.

I have said to Aggie that it is an issue that we are not convinced is the right policy approach at this time, but I have given her a commitment that I am very open to continuing conversations with her and others in relation to a range of measures that the government can do to ensure that our laws and our policies and our practices particularly in relation to Victoria Police are fit for purpose to respond to this dangerous behaviour. No stalking is acceptable, but when you have those high-risk signs, those red flags, we know that police are taking this very seriously and have adapted some of their practices as a result.

Georgie CROZIER (Southern Metropolitan) (12:04): Attorney, thank you for the response. The Victorian Law Reform Commission’s report on stalking was tabled in September 2022, last year, but over a year later the government has yet to provide a formal response to the 46 recommendations, so I ask: out of respect to the family of Celeste Manno, when will the government finally table a formal response?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:05): There are 45 recommendations in the law reform commission’s report aiming to improve how the justice system responds to people who have experienced stalking in a non-family-violence context, and we are currently working through the report’s recommendations in the process of developing necessary reforms. Some of those I have articulated in relation to Victoria Police and their SASH trial, which is specifically responding to non-family-violence stalking incidents, which include the increased screening assessment for stalking and harassment, and this is a first in Australia. It is something that is proving to be a very useful tool and has been embraced by Victoria Police, and it is something that I am very interested in and hoping to expand across the state.