A disproportionately high number of applications for personal safety intervention orders (PSIOs) are being made in regional Victoria, a new study has found.
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The study, conducted by the Sentencing Advisory Council, found there were high rates of family violence associated with breaches of PSIOs.
About 27 per cent of cases involving PSIO breaches sentenced in the Magistrates' Court had a family violence flag, meaning at least one of the offences in the case fell under the umbrella of domestic violence.
A PSIO is most often issued between neighbours, co-tenants and boarders. A separate legal order - a family violence intervention order - is made to protect parties from family, a partner or an ex-partner.
Bendigo's Centre for Non-Violence chief executive Margaret Augerinos said the data from the study wasn't surprising.
"It's a fairly common situation that a lot of people apply for a PSIO that perhaps is related to a person that has a FVIO against a current or ex partner," she said.
The disproportionate number of PSIO matters in regional Victoria is concerning.
- Council Chair Emeritus Professor Arie Freiberg
"They often aren't covered under the provisions of those FVIOs and they are required to seek further protection.
"Given the high amount of breaches for FVIO it doesn't surprise me that there are high prevalence of involving PSIO breaches.
"It's a common situation we see that an ex partner might be contacting family members of their ex partner, harassing them."
Ms Augerinos said breaches along with applications for interim orders also seemed to be higher in regional and rural locations.
"That may have a little bit to do with people in regional and rural communities living in more remote situations and they might be more likely to call on police or even apply for orders because they can't access support," she said.
"If you're living 100 kilometres from your nearest family member and you're feeling vulnerable then it's probably more likely that you will apply for an order then perhaps someone who lives in a more urban area that can access support."
In the past decade until 2020, the report revealed there were over 10,000 intervention order breaches sentenced in Victoria.
Two-thirds of the offenders were male.
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The research found 105,000 applications for intervention orders were submitted by Victorians from 2011 to 2020, with an estimated 57,000 granted.
While just a quarter of the state's population lives in outer-metro communities, the study found 41 per cent of the applications are made by regional and rural Victorians.
"The disproportionate number of PSIO matters in regional Victoria is concerning," Council Chair Emeritus Professor Arie Freiberg said.
"Time and again we see regional Victoria over-represented in justice system statistics.
"And the underlying causes are almost invariably higher rates of socioeconomic disadvantage and lack of services."
The report also highlighted some of the effects the pandemic has had on the courts.
It found the number of cases involving PSIO breaches dropped significantly in 2020, while the rate of imprisonment in those cases went up, indicating the courts prioritised serious cases.
Also, the number of interim PSIOs increased significantly while the number of final PSIOs decreased at a similar rate, giving applicants some measure of protection while courts finalised matters.
Professor Freiberg said this was the first time they had looked at breaches of non-family violence intervention orders since the Personal Safety Intervention Orders Act came into effect in 2011.
"One thing that stood out was PSIOs tend to involve neighbours far more than strangers or work colleagues," Professor Freiberg said.
"The increase in imprisonment rates for breaches of PSIOs is similar to what we are seeing in sentencing outcomes in the Magistrates' Court generally.
"In 2008, just four per cent of all cases resulted in a term of imprisonment. By 2020, that had more than tripled to 13 per cent.
"We hope the findings in this report assist the Victorian Law Reform Commission in preparing their advice to government."
If you or someone you know needs support for sexual, domestic and family violence, help is available. Call:
- Centre Against Sexual Assault Central Victoria - 03 5441 0430
- Sexual Assault Crisis Line - 1800 806 292
- 1800 RESPECT - 1800 737 732
- Centre for Non-Violence - 1800 884 292
- 24-hour statewide safe steps Family Violence Response Centre crisis response line - 1800 015 188.
In an emergency phone 000.