RESTRAINING orders will be easier to obtain under proposed state laws aimed at tackling an increase in complaints of harassment, stalking and bullying.
Victims will not have to endure repeated harassment or attacks before being able to obtain an order. And magistrates could get the power to refer more minor disputes to a mediation court.
Community legal advocates have cautiously welcomed the proposal, saying they hope the balance is right.
Victoria Mullings, principal lawyer at Peninsula Community Legal Centre, says the bill contains promising initiatives.
"The proposed legislation looks not only at stalking, but also addresses behaviours that the old laws have been used for but were not specifically designed to deal with, such as neighbourhood disputes, bullying and general harassment.
"We hope that, in practice, the legislation manages to strike the right balance between referring suitable matters for mediation, and providing protection for those who need it.
"In our experience, where it is safe to do so, many clients are able to resolve disputes themselves – either directly, or through mediation.
"We encourage anyone who is involved in a personal dispute, but is unsure of their rights, to seek legal advice."
The Personal Safety Intervention Orders Bill adds harassment, assault, sexual assault, repeated property damage, stalking and making a serious threat to the list of offences that can be used to obtain an order.
Magistrates would be given the power to refer neighbourhood disputes and instances of bullying to be resolved at the Dispute Settlement Centre of Victoria.
The government says the proposed legislation will also provide better protection against stalking and cyber bullying.
For more information about free legal services, call PCLC on 9783 3600.