Victoria will bring in a domestic violence disclosure scheme. Could it help protect women?

In the lead-up to the Victorian state election, both major political parties have now committed to introducing “Clare’s Law”. It is a domestic violence disclosure scheme that would allow people to ask police about a current or former partner’s history of family violence.

The proposed scheme follows years of advocacy from victim-survivors and their families, who argue that women should have the “right to know” if their partner has a history of violence or abuse.

There are some good reasons to support Clare’s Law. Across Australia, domestic and family violence remains a national crisis. The data show many men who use family violence are repeat perpetrators.

A similar scheme has already been introduced in South Australia, and has shown some signs of success.

Yet there are also important questions about what a domestic violence disclosure scheme can realistically achieve, as well as how it needs to be designed – and funded – if it is to improve women’s safety.

What does the evidence tell us?

There is some very encouraging evidence from South Australia, with an independent evaluation praising the model as among the “best schemes that exist globally”.

Nearly all (98%) of surveyed participants found the scheme helpful in making decisions about their personal safety. Participants also described how the information about a partner’s prior use of violence helped them to identify the patterns of abuse they were experiencing.

Importantly, the scheme also provides a crucial opportunity to connect women with specialist family violence support services. A majority of applicants surveyed had never previously accessed family violence support.

These are promising results. But we do not yet have strong evidence that disclosure schemes can substantially reduce the risk of family violence and homicide.

A clean record doesn’t guarantee safety

Perhaps the greatest limitations of Clare’s Law is that it relies on information held by police.

We know a majority of domestic and family violence is not reported to police.

And even when violence is reported, relatively few incidents result in criminal convictions.

In Victoria, family violence interventions orders (FVIOs), a form of civil protection order, are typically granted where there is a live risk of future violence. Police can issue an interim family violence safety notice until a court makes a full order.

Again, this relies on victim-survivors identifying the violence, and feeling safe enough to report.

This means someone who has used family violence may have little or no official police record. There is a real danger that victims may think their partners are safe if they appear to have no recorded history of violence.

There are also legitimate concerns that disclosure schemes may also be misused by perpetrators in gaslighting and denying their abuse towards victims, or misused as a form of “systems abuse”.

Information alone is not enough

There are some important features of the South Australian model that are linked to its success.

Foremost, it provides more than just information about a partner’s known history of violence.

There are screening checks for eligibility of the people seeking information, and a confidentiality agreement with them not to further disclose the information.

Importantly, the information is provided as part of a “disclosure meeting” with police and a specialist family violence caseworker. This provides an important opportunity for risk assessment, safety planning and further support, regardless of whether any prior recorded history of violence is disclosed.

This specialist family violence support should remain central to any Victorian scheme.

Importantly, knowing that a partner has previously been violent does not necessarily mean someone can safely end the relationship. Many of the women accessing the South Australian disclosure scheme did so in established relationships where they were already experiencing violence.

Victim-survivors often face financial control and dependence, housing insecurity, concerns for their children, and escalating threats from the perpetrator. The data show us that separating from an abusive partner can be an especially dangerous time for women in particular.

Any domestic violence disclosure scheme needs to be backed by properly funded specialist support services and affordable housing.

Yet in Victoria, demand for these services by victim-survivors of family violence continues to exceed the support available. And a lack of housing leaves many victim-survivors at substantial risk.

Intervening earlier

There are also broader questions about the role that disclosure schemes should play in preventing violence against women. These schemes are often accessed in an established relationship where people already have concerns about violence and abuse.

We should support victims to access information that may help them to make decisions about their safety. But we must be careful not to create an expectation that women should have known about, anticipated or avoided a partner’s abuse.

And we cannot legislate our way to women’s safety without also properly funding the specialist support and housing services that are crucial to addressing family violence.

Importantly, the rationale for Clare’s Law recognises that some men perpetrate violence across multiple relationships. This raises a further crucial question: what are we doing to intervene with these men earlier, and to prevent their violence from continuing?

There needs to be greater investment in early intervention and perpetrator accountability, including evidence-based programs that address men’s abusive and controlling behaviours.

Additionally, we need to address the fact that so few victims feel safe and able to report to police.

Clare’s Law may provide women with another useful avenue to seek information and support. But if we are serious about preventing violence against women then we need sustained investment in prevention, early intervention, perpetrator accountability and recovery for victim-survivors.

Ultimately, the responsibility for preventing men’s violence rests with those who perpetrate it, and with the institutions and communities responsible for addressing it.

The National Sexual Assault, Family and Domestic Violence Counselling Line – 1800 RESPECT (1800 737 732) – is available 24 hours a day, seven days a week for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault.