Shircore, Mandy, Douglas, Heather, and Morwood, Victoria (2017) Domestic and family violence and police negligence. Sydney Law Review, 39 (4). pp. 539-567.

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Abstract

Domestic and family violence in Australia has received unprecedented attention over the past few years. A number of recent reports and reviews have identified that improved policing is key to enhancing the safety of women and children. In response to these reports, and in recognition that police are often the first to respond to domestic violence, a number of jurisdictions have strengthened police powers and in some cases mandated police responses. This article draws on a qualitative study of victim’s experiences of police responses to domestic violence in order to identify the extent and breadth of the problems that continue to plague police responses to domestic violence in Queensland, in spite of legislative change. The article then uses Queensland as a case study to consider whether a victim of domestic violence, who claims that the police failed to adequately respond to or deal with their request for assistance, would be able to successfully take a private civil action against the police in Australia, specifically in the tort of negligence. Recent cases decided in the United Kingdom and Canada, changing community attitudes and the enhanced police powers that have been introduced in Queensland and elsewhere to ensure police better respond to domestic and family violence reopen questions about the current position in Australia.

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