LEGAL professionals say police and social services would need a major funding and training shake-up to keep up with complaints if the state were to enforce the mandatory reporting of family violence.
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The claim comes in the wake of a coroner’s findings which criticised the state for not introducing mandatory reporting of family violence when it had the chance in 2004.
Launceston’s Jessica Ann Kupsch was brutally murdered by her partner Mathew Tunks in 2012, prompting a coronial inquest in March.
The inquest highlighted legal and political shortcomings.
Among them, in Coroner Simon Cooper’s view, was the failure to introduce mandatory reporting – a move that might have prevented Ms Kupsch’s death.
Mr Cooper’s inquest findings – released on Monday – revealed the Family Violence Act 2004 was expected to require the public to report all family violence incidents, but the Act was amended and the law never eventuated.
Mr Cooper has called for the law to be reconsidered.
On Tuesday, both the Women’s Legal Service and the Law Society of Tasmania called for discussion, but said mandatory reporting also posed challenges.
“If they were to implement (mandatory reporting) then it would require significant investment in resources and services,” Women’s Legal Service chief executive and principal lawyer Susan Fahey said.
“There's no point reporting it if there's not going to be resources to follow it up.”
Ms Fahey’s sentiments were shared by Law Society president Matthew Verney, who said many professions would also need a training overhaul if the law was amended.
“They would need to be educated to know what their (reporting) obligations are,” Mr Verney said.
Both the Law Society and the Women’s Legal Service were given an opportunity to comment on the tabling of the Family Violence Bill more than 12 years ago.
Ms Fahey said the Women’s Legal Service opted against supporting mandatory reporting because it had the potential to deter victims from seeking help.
She maintained that sentiment on Tuesday.
Mr Verney agreed.
“The concern for service providers was that if they are then obliged to report it, then victims might not come to them,” Ms Fahey said.
“If ever a person didn't seek help... it would be disastrous,” Mr Verney added.
Parliamentary records from 2004 show politicians shared the legal fraternity’s concerns.
Politicians raised questions about the impact that mandatory reporting would also have on the confidentiality privileges of doctors and even priests.
Tasmania Police and the state government have said they will review the coroner’s recommendations.
Labor MP Scott Bacon said he would support a law change if it was in the best interest of the public.
Ms Kupsch’s mother Donna has called for the prior convictions of violent offenders to be read out at all of their future court proceedings.
She has also called for a criminal database that is accessible to all family violence stakeholders, including police, the Health Department and social services.
