For further information about the details of the program, including structure and governance see <www.safeathome.tas.gov.au>; WilcoxKaren, ‘Tasmania's Safe at Home: A whole of government response to domestic violence’ (2006) 26Australian Domestic and Family Violence Clearinghouse Newsletter5–8.
2.
For details of the evidentiary basis to the program, see Department of Justice (Tasmania), ‘Safe at Home Options Paper’ (2003) 25.
3.
Although the Domestic and Family Violence Protection Act 1989 (Qld) s 11(1)(c) gives an example of economic coercion of an aged parent as an example of ‘intimidation and harassment’.
4.
Victorian Law Reform Commission, Review of Family Violence Laws: Report (2006) 103.
5.
Ibid.
6.
Relationships Act 2003 (Tas) s 4.
7.
With potential exceptions noted below.
8.
Cf Crimes Act 1900 (NSW) s 562B(h), Domestic and Family Violence Protection Act1989 (Qld) s 12B, Crimes (Family Violence Act) 1987 (Vic) pt 1 s 3.
9.
See MulroneyJaneChanCarrie, ‘Men as Victims of Domestic Violence’ (2005) Australian Domestic and Family Violence Clearinghouse Topic Paper.
10.
See, eg, HunterRosemaryStubbsJulie, ‘Model Laws or Missed Opportunity’ (1999) 24 (1) Alternative Law Journal13.
11.
eg, Crimes (Family Violence) Act 1987 (Vic) s 4A.
12.
Criminal Code Act 1924 (Tas) s 184A. The new Domestic and Family Violence Bill (Serial 70) (NT) s 8, has included economic abuse in its definition of domestic violence.
13.
Tim Ellis, ‘Letter to the Editor’, The Hobart Mercury, 11 September 2004. The new Domestic and Family Violence Bill (Serial 70) (NT) s 8, has included economic abuse in its definition of domestic violence.
14.
Criminal Code 1924 (Tas) s 192(2).
15.
See Allen v Tasmania Police [2004] TASSC30 (Unreported, Underwood J, 6 April 2004).
16.
See, eg, KiftSally, ‘Stalking in Queensland: From the Nineties to Y2K’ (1999) 11(1) Bond Law Review144.
17.
eg, Comments on Passing Sentence, Tasmania v Bradley Holton-Crane (Supreme Court of Tasmania, Slicer J, 17 August 2005); Comments on Passing Sentence, Tasmania v Curtis Roydon (Supreme Court of Tasmania, Underwood CJ, 28 July 2006).
18.
Comments on Passing Sentence, Tasmania v Jade Curtis Smith (Supreme Court of Tasmania, Evans J, 13 September 2006).
Family Violence Act 2004 (Tas) ss 36, 23(4), 25(1).
28.
Although this test appears easier to meet than the test for PFVOs under s 14(1) (which requires commission or likelihood of commission of an offence) in practice, both orders require the satisfaction of similar requisites, with PFVOs used where risk is lower.
29.
Crimes Act 1900 (NSW) s 562AE; Restraining Orders Act 1997 (WA); Domestic Violence Act 1994 (SA) s 4.
30.
Recent amendments in NSW allow the court to circumvent some of the difficulties caused by reluctant victims. See Crimes Amendment (Apprehended Violence) Act 2006 (NSW), amending Crimes Act 1900 s 562G (2).
31.
Department of Justice (Tasmania), above n 2, 25.
32.
HunterStubbs, above n 10, 14.
33.
Residential Tenancy Amendment Act 2005 (Tas) s 16.
34.
Remess v Rabe [2006] TASSC105, (Unreported, Tennent J, 4 December 2006) [28].
35.
Ibid.
36.
Ibid [15].
37.
Ibid [24–27]; Evidence Act 2001 (Tas) s 75.
38.
TennentJ, in McLean v Kemp [2005] TASSC100 (Unreported, TennentJ, 18 August 2005) found that the magistrate had erred in admitting police evidence in a complainant's application to have the FVO revoked.
39.
Family Violence Amendment Act 2005 (Tas).
40.
ZeemanDaniel above n 26; Daniel Zeeman in Gavin Lower, ‘Judge slams family laws’, The Hobart Mercury, May 21 2005; and ZeemanDaniel‘President's Report to the Annual General Meeting of the Law Society of Tasmania’ (2005), Annual Report 2004–2005 <http//www.taslawsociety.asn.au> at December 30 2006; TopferLeanne‘Clarification of Family Violence Act Needed’, Media Release, The Law Society of Tasmania, October 19 2005, <http://www.taslawsociety.asn.au/news/MRFamilyViolenceAct.pdf> at 9 November 2007.
41.
Re S [TASSC] 89 (SlicerJ, 19 September 2005).
42.
Bail Act 1992 (ACT) ss 14, 9A; Bail Act 1978 (NSW) s 9A.
43.
Record of Investigation into Death of Sonia Anne Mercer and Darren William Batchelor [2004] TASCD (Unreported, Coroner Wilson, 12 February 2004).
44.
For further information on the VSRT and case coordination, see WilcoxK, above n 1.
45.
For more information on the RAST and the validation of it, see WinterR, ‘Researching Family Violence’, TILES Briefing Paper 2 (2006) and RobsonM MArnoldJ, ‘Safe at Home’ in McMasterK, (ed) Will They Do It Again? (2006) 83.
46.
Olsen v State of Tasmania [2005] TASSC 40 (Unreported, Underwood CJ, 13 May 2005). See also ZeemanD, (2004) above n 26 and VowlesGill, ‘It's not Safe at Home’, Sunday Tasmanian (Hobart) 28 January 2007, 12–13.
47.
Victorian Law Reform Commission, above n 4, 162.
48.
Or to anyone else, if the controversial s 38 of the Act, which establishes mandatory reporting of domestic violence for health and other professionals, is ever proclaimed.
49.
StewartJ, ‘Specialist domestic/family violence courts within the Australian context’ (2005) Australian Domestic and Family Violence Clearinghouse, Issues Paper 10.
50.
Crimes Act 1900 (NSW) s 562ZH.
51.
NancarrowHeather, ‘In search of justice for domestic and family violence: Indigenous and non-indigenous women's perspectives’ (2006) 10Theoretical Criminology87–106.
52.
Program policy is that services are available to clients of the Safe At Home ‘system’, which means those on the shared database.
