Apprehended Violence Orders

Mr PRICE (Maitland) [12.16 p.m.]: I seek to highlight a problem associated with apprehended violence orders [AVOs] in my electorate. I preface my speech by saying that in the majority of cases AVOs are deservedly issued, and I believe that women are by and large the major sufferers. Occasionally there is a situation in which a male appears to have been badly treated in the way an AVO has been issued and sometimes enforced. I raise this issue on behalf of Mr David Rouse of Lennoxton Road, Vacy, who has unfortunately separated from his wife but is looking after his two children - one aged 12, who is the captain of Iona Public School, and the other aged 8 or 10. I understand that an older sibling is seeking work in Newcastle. Mr Rouse received advice at Paterson Police Station on 14 July that he had been summonsed to attend Belmont Local Court the next day - less than 24 hours notice was given.

Page 240

A complaint had been made to Belmont police on 9 July about an incident that allegedly occurred on 30 June. Paterson police received the summons on 12 July, and it took two days for the summons to get to Vacy. Mr Rouse is concerned that the delay may have been deliberate. I do not necessarily agree with his view, but the time span is too short to arrange independent legal representation. On his arrival at court Mr Rouse was asked by a police officer if he agreed with the terms of the AVO. He did not. Mr Rouse was advised that he could not have legal aid. He went to the chamber magistrate who, apparently, gave him very little advice. In the court the sitting magistrate made it clear that he did not support the case that Mr Rouse was trying to put forward. Mr Rouse claims that he was not advised of what was happening.

Mr Rouse has since discovered that he could have demanded a hearing in which his ex-wife would have had to prove her case. As he was not advised or given an opportunity, in his opinion, to seek advice, he signed a document that indicated he agreed to the terms and conditions of the AVO without a case having been proved. Under these circumstances Mr Rouse feels - and I think quite rightly - that whilst many groups are available to assist women, there appears to be no mechanism to assist men in court situations. Mr Rouse is doing the best he can for the family he has been left with. He is concerned about the attitude of the magistrate but he has to deal with that himself. I think better advice should have been available to him at the time and warrants should be delivered by the police within a reasonable time.

Mr Rouse is a self-employed businessman. He had to advise staff on his bricklaying team that he would not be available and that they would have to make their own way to work. It is his usual practice to pick them up. In such instances fairness and equity should prevail. I hope that the Minister for Police or the Parliamentary Secretary will forward my concerns to the Attorney General. I am concerned about the way the courts conduct themselves with regard to apprehended violence orders. I know the police are concerned about them. I hope that a review of the legislation and its application will be considered by the Attorney General and the Minister for Police to avoid similar representations being made to me.

Mr GAUDRY (Newcastle - Parliamentary Secretary) [12.21 p.m.]: I thank the honourable member for Maitland for bringing this matter before the House. I assure him that I will convey his concerns to the Attorney General. The Attorney General’s Department is currently conducting a review of apprehended violence orders, and obviously the police will work closely with this review. I am also advised that in the last budget the Government allocated $120,000 to the Judicial Commission to fund the training of magistrates. Obviously, the honourable member’s proposition expresses a need for the magistracy to receive some training. His constituent could refer this matter to the Judicial Commission. I again thank the honourable member for bringing this matter before the House and I will make sure that it is conveyed to the Attorney General.