High rates of intervention orders in regional Victoria

Data shows 41 per cent of applications for personal safety intervention orders (PSIOs) are made in the regions, despite only 24 per cent of Victoria's population living in rural and regional areas.

Sentencing Advisory Council chair Emeritus Professor Arie Freiberg AM said the disproportionate number of PSIO matters in regional Victoria was concerning.

"Time and again we see regional Victoria over-represented in justice system statistics," he said.

"And the underlying causes are almost invariably higher rates of socioeconomic disadvantage and lack of services."

The finding is a part of a Sentencing Advisory Council report to assist the Victorian Law Reform Commission in its inquiry on improving responses to stalking.

Data shows more than 100,000 applications for PSIOs were made in Victoria in the 10 years to 2020.

Police recorded 26,000 breaches and 10,000 of those breaches were sentenced at court.

Two-thirds of people sentenced for breaching a PSIO were male, with 55 per cent of people protected under the orders female.

A PSIO is a Victorian court order designed to protect someone from unwanted behaviours including stalking, harassment and property damage by a non-family member.

Data shows a high rate of family violence was associated with breaches of PSIOs, with 27 per cent having a family violence flag at court.

These cases most likely involved PSIOs issued to protect people associated with the offender's current or former partner such as their friends, colleagues, relatives or new partner.

Emeritus Professor Freiberg said PSIOs were most commonly tended to involve neighbours far more than strangers or work colleagues. Many were also relating to former friends.

Eight per cent of PSIO applications were made in the Children's Court, most often in a school-related context, between school-mates or students and teachers.

There has been a significant increase in the proportion of PSIO applications made by police since 2014.

The most common breaches sentenced in the Magistrates' Court were adjourned undertakings and fines at 25 and 24 per cent respectively.

Community corrections orders and imprisonment both imposed 20 per cent of the time, with the rate of imprisonment quadrupling from nine per cent in 2014 to 35 per cent in 2020.

Emeritus Professor Freiberg said the increase in imprisonment rates for breaches of PSIOs was similar to trends 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," he said.

"We hope the findings in this report assist the Victorian Law Reform Commission in preparing their advice to government."

The report titled Sentencing Breaches of Personal Safety Intervention Orders in Victoria was released on Tuesday.

The Victorian government asked the Victorian Law Reform Commission in February 2021 to investigate criminal justice responses to stalking and breaches of intervention orders and how they are sentenced.

The Sentencing Advisory Council agreed to produce three reports to assist the VLRC in developing its recommendations.

Have you signed up to The Courier's variety of news emails? You can register below and make sure you are up to date with everything that's happening in Ballarat.