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Victoria could bring in a domestic violence disclosure scheme to help protect women—but how much?

What Clare’s Law would do

The proposed Victorian scheme would allow people to ask police whether a current or former partner has a history of family violence. Both major parties made the commitment before the state election, following years of advocacy by victim-survivors and their families.

Supporters say people should have the right to know about a partner’s past violence. The case for the scheme comes amid a national crisis in domestic and family violence, with data showing many perpetrators use violence repeatedly.

Lessons from South Australia

An independent evaluation described South Australia’s model as among the best schemes globally. Of surveyed participants, 98% said it helped them make decisions about personal safety, and some said the information helped them recognise patterns of abuse.

The scheme can also connect applicants with specialist family violence services; most surveyed applicants had not previously accessed such support. However, there is not yet strong evidence that disclosure schemes substantially reduce family violence or homicide.

The South Australian model includes eligibility screening and confidentiality agreements. Information is shared in a meeting involving police and a specialist caseworker, creating an opportunity for risk assessment, safety planning and further support, whether or not police records show past violence.

Limits and risks of disclosure

Clare’s Law depends on information held by police, but most domestic and family violence is not reported, and relatively few reported incidents lead to criminal convictions. A person may therefore have little or no official record, and victims could mistakenly take the absence of a record as proof that a partner is safe.

The process also depends on victim-survivors recognising violence and feeling safe enough to report it. Disclosure schemes could be misused by perpetrators to gaslight victims, deny abuse or engage in systems abuse.

Support beyond information

Learning about a partner’s history does not necessarily make it safe to leave. Women may face financial control, housing insecurity, concerns about children and escalating threats; separation can be especially dangerous.

Powell argues that a Victorian scheme should keep specialist support central and be backed by properly funded services and affordable housing. Demand for support in Victoria already exceeds what is available, while housing shortages leave many victim-survivors at substantial risk.

She also calls for greater investment in early intervention, perpetrator accountability and evidence-based programs addressing abusive and controlling behaviour. Clare’s Law could offer another way to seek information and support, but responsibility for preventing men’s violence remains with perpetrators and the institutions and communities addressing it.

Key points

  • Both major Victorian parties have committed to introducing Clare’s Law.
  • In South Australia, 98% of surveyed participants found the scheme helpful for safety decisions.
  • Police records may not capture violence that was never reported or did not lead to conviction.
  • Specialist support, affordable housing, prevention and perpetrator accountability remain essential.
Read the original on The Conversation ↗

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