Clare's Law Domestic Violence Disclosure Scheme

Ms FELICITY WILSON ( North Shore ) ( 16:10 :48 ): It is a privilege to bring this petition before the Legislative Assembly today. I speak on a matter of deep community concern—domestic and family violence—and a petition tabled in this Parliament calling for the introduction of a domestic violence disclosure scheme, commonly referred to as Clare's law, in New South Wales. I begin by acknowledging the individual who initiated this petition, Jo Cooper, who is with us in the gallery today. She is a survivor, advocate, artist and legal reformer. Jo has turned her personal experience of domestic violence into a powerful campaign for systemic change. She has spoken publicly about the abuse that she endured at the hands of a former partner, including being forcibly thrown from a moving car. She has described how, even after that trauma, navigating the legal system to obtain an apprehended violence order [AVO] left her feeling humiliated and unsupported.

Jo's advocacy extends far beyond her bravery and sharing her own story. Through her platform, the Good Warrior, she works to disrupt bystander culture and build accountability across our communities. She believes that "the silent middle" too often watches abuse unfold and that collective change requires their voice and action. During the campaign for the petition for Clare's law, Jo managed to gather 20,978 verified signatures, surpassing the threshold to trigger debate on the petition in this Parliament. She has argued that individuals deserve the right to access critical information about a partner's history of violence before that history becomes their present. Her vision is for a New South Wales-specific, trauma-informed and survivor-led model that complements, rather than replaces, broader domestic violence reforms. For that, I sincerely thank Jo. Her bravery and leadership brought the issue into this Chamber, once again, today.

The core aim of the proposed domestic violence disclosure scheme is to enable individuals to request information from police about whether their intimate partner has a known history of domestic abuse. Similar schemes exist in other jurisdictions, most notably in the United Kingdom, where Clare's law was named after the horrific murder of a woman in England, and most recently in South Australia. Jo's petition argues that this kind of preventive disclosure could save lives, offering an early warning system that might prompt someone to leave a dangerous relationship before it escalates. She rightly points out that this is not a silver bullet, but it is one possible tool in the broader safety net.

At its heart, this petition represents a widespread and justified fear in our community that not enough is being done to prevent harm before it occurs. I acknowledge that every member of this House shares that same concern, and every member of this House has a shared responsibility to address that concern. As the shadow Minister for Women and as a member of this Parliament, I recognise that domestic and family violence remains one of the most pressing challenges we face. As Jo knows, I have experienced that violence in my life as well. We must do everything in our power to support victim-survivors and invest in prevention, early intervention and long-term support.

I represent the New South Wales Liberal-Nationals Coalition in presenting this petition, which has a strong record in supporting the domestic violence [DV] sector and promoting women's safety. We are considering and examining a range of policy proposals. I acknowledge the work of my colleague in the other place the Hon. Natasha Maclaren-Jones, MLC, who is the shadow Minister for the Prevention of Domestic Violence and Sexual Assault. She is working alongside the domestic violence sector and victim-survivors to shape our policies in the lead-up to the next election. I acknowledge that the portfolio of the Prevention of Domestic Violence and Sexual Assault was formed under the previous Liberal-Nationals Government, and the then Attorney General and now Leader of the Opposition held that portfolio and led a range of initiatives.

One of those initiatives was a record level of investment of $787 million in funding for a range of programs. That was the largest funding commitment ever made to the domestic violence sector. The initiatives were more than funding announcements. They were a suite of deep reforms. We implemented a range of initiatives, including the expansion of the Core and Cluster initiative with almost half a billion dollars for the delivery and operation of new women's refuges that support up to an additional 2,900 women and children fleeing domestic and family violence each year; the $30 million Safer Cities program, which upgraded public places across the State; landmark laws to criminalise coercive control; new jury directions; reforming the AVO system; and new audiovisual facilities in our courts. We need to work alongside the DV sector to ensure that we get the right tools and the right support for people across our State. Once again, I recognise Jo and every person who signed this petition for their advocacy for this change.

Ms TRISH DOYLE ( Blue Mountains ) ( 16:06 :51 ): I contribute to debate on this petition, which calls on the New South Wales Government to implement Clare's law in New South Wales, otherwise known as a domestic violence disclosure scheme. I acknowledge the petitioner, Jo Cooper, and also the member for North Shore for lodging the petition, and all members contributing to this debate. This debate puts the spotlight on several important issues, including mechanisms for sharing information about individuals who pose a potential risk to an intimate partner's safety. Upholding the safety of women and children is always paramount. The New South Wales Government should always carefully consider initiatives which maximise safety.

Domestic violence disclosure schemes can involve two components: the right to ask, which refers to the right for individuals to request disclosure if they think they or another person is at risk; and the right to know, which refers to police proactively disclosing information to protect a potential victim. I respect the views of those who support these mechanisms. However, implementation of a disclosure scheme requires careful consideration to mitigate against unintended consequences. The last thing we want to do is proceed with a scheme that has the potential to increase risk to victim-survivors. Let us examine how domestic violence disclosure schemes have operated in Australia.

The previous Government implemented a pilot scheme from 2016 to 2018 in four local commands. An evaluation of the scheme made several adverse findings with respect to the cost, low demand and the fact that it was not operating as intended as an early intervention tool. To the previous Government's credit, it listened to the evidence and chose not to continue with the scheme at the time. I acknowledge the Opposition will want to talk about the South Australian model. While the feedback to date on that scheme appears to be more positive than the New South Wales trial, there are some key issues to note.

An evaluation of the model found that a lack of resources to meet rising demand contributed to delays and increased pressure on the operation of the scheme. These concerns were echoed by the Royal Commission into Domestic, Family, and Sexual Violence in its August 2025 report. The report recommended increased ongoing funding to improve the scheme's efficiency and reach, and cited issues around information sharing, record management and accessibility for some cohorts.

No matter which way you look at it, domestic violence disclosure schemes [DVDS] are expensive. If New South Wales were to proceed down that path, we would want to have confidence it would work, but unfortunately the evidence base is not there yet. The latest research published by Monash University and Liverpool University examined how disclosure schemes were working in Australia and New Zealand. They recommended a shift away from domestic violence disclosure schemes in favour of alternative evidence-based policies and practices. Their report found significant gaps in the timeliness of data sharing and a lack of follow-up supports and safety planning provided to applicants. The report also found that a significant proportion of victim-survivors had already left their abusive partners by the time they accessed the scheme, which again raises questions about the efficacy of a DVDS as an early intervention tool. Delivering a disclosure scheme has significant implementation implications such as cost, data sharing, policy practices and access.

Of course, we want to do everything we can to better connect individuals to specialist support services and contribute to more integrated responses. In many cases, this can be achieved through existing programs and services. For example, the New South Wales Government's Safer Pathway program automatically refers victim‑survivors to specialist support services after the NSW Police Force responds to a domestic and family violence callout. The Government is committed to directing funding to evidence-based programs and initiatives. As part of the New South Wales budget 2025-26, an additional $272.7 million over four years is being invested in domestic, family and sexual violence services. That builds on the $230 million package announced in the 2024‑25 budget. The New South Wales Government is also working closely with all Australian jurisdictions on the commitments made by National Cabinet to end gender-based violence. The Government will continue to work alongside those dealing with domestic violence first-hand, to prevent offending and support victim-survivors. As a child victim-survivor of domestic violence myself, having been a shadow Minister for Women and the Prevention of Domestic Violence and having worked in this space throughout my life, I extend my deep thanks to everyone who seeks to prevent domestic and family violence.

Mr ROBERT DWYER ( Port Macquarie ) ( 16:11 :52 ): I speak to the petition calling for the introduction of a domestic violence disclosure scheme, commonly known as "Clare's law" in New South Wales. This initiative is driven by the courageous advocacy of Jo Cooper, a survivor who has transformed her personal trauma into a powerful movement for change. Jo's experience navigating the legal system after enduring severe abuse highlights the urgent need for reform. Through her platform, The Good Warrior, she challenges the silence around domestic violence and calls for collective accountability.

Her petition, backed by over 20,000 verified signatures, reflects a deep community concern and the need for proactive measures to prevent harm before it occurs. Clare's law would allow individuals to request information from police about a partner's history of domestic abuse, providing an early warning system that could save lives. While not a standalone solution, it is a critical tool in a broader strategy to protect vulnerable individuals. I have been working with our local Liberty Domestic and Family Violence Services, as did my predecessor, the Hon. Leslie Williams. This organisation is a true beacon of hope for those experiencing domestic and family violence in my electorate. The CEO, Kelly Lam, and her team are certainly under-resourced and over‑subscribed in relation to this concern in our community. In my recent discussions with them, Clare's law has certainly seemed an option to consider. They are looking towards further works, and we have a fundraiser coming up in November for a coastal walk against domestic violence.

I reaffirm that the New South Wales Coalition has a strong record in supporting the domestic violence sector and promoting women's safety, including a historic $787 million investment in domestic violence programs, expansion of women's refuges through the Core and Cluster Program, improvements to public safety infrastructure through the Safer Cities Program, criminalisation of coercive control in intimate relationships, reforms to apprehended domestic violence orders and legal protections for survivors, and enhanced court facilities to support victims during proceedings.

These reforms were co-designed with experts and survivors. While more work remains, they lay a strong foundation. In opposition, we continue to consult and develop policies that reflect the lived realities of those affected. The growing discussions about Clare's law shows a community ready for change, seeking better tools, earlier intervention and a more responsive system. I honour Jo Cooper and every person who signed the petition. Their voices matter. As the member for Blue Mountains said, we need to see those trials, and it is positive to see the trials and to use the evidence from them to improve policies moving forward. Domestic violence demands more than words—it demands action, compassion and leadership. We should all remain committed to building a New South Wales where safety is not just a right, but a reality for all.

Dr MARJORIE O'NEILL ( Coogee ) ( 16: 14 :55 ): I welcome the opportunity to contribute to debate on this petition. I acknowledge the goodwill of people on all sides of this issue. There is no doubt the petitioner, Jo Cooper, is a passionate advocate for the implementation of Clare's law in New South Wales. I acknowledge her presence in the gallery today. I also acknowledge those in this place who work in a non-partisan way for the elimination of domestic and family violence. I thank Jo for bringing this matter to the attention of the Parliament, and all members who are contributing to this debate.

Clare's law refers to a scheme which allows for the disclosure of an alleged perpetrator's criminal history to current or potential partners. On the surface, it makes sense for women starting a new relationship to want to feel confident that their intimate partner will not be a threat to their safety. Through that lens, I understand why members of the community supported this petition. But when you dig deeper into the effectiveness of domestic violence disclosure schemes [DVDS], unfortunately, the evidence is not there to support it. We know this from experience, because it is not a new idea in New South Wales.

Those opposite went to the 2015 election with a pledge to implement a disclosure scheme, modelled on the United Kingdom's Clare's law model. This is the same model we are debating today. We know the previous Government proceeded with a pilot of the scheme between 2016 and 2018 in four local areas commands. An evaluation of that scheme found that there was limited demand for the scheme, the cost per application averaged more than $3,900 and the scheme failed to work as intended as an early intervention tool, given a minority of applicants were in the early stages of a relationship. The former Government took this on board and abandoned its pilot scheme at the time.

I acknowledge a lot of time has passed since this idea was trialled in New South Wales. It makes sense to examine whether the evidence has changed. In May 2024, Monash University and Liverpool University published their research on the effectiveness of disclosure schemes in Australia and New Zealand. In a nutshell, their report called for a shift away from domestic violence disclosure schemes in favour of alternative, evidence-based policies and practices. Their report found significant gaps in the timeliness of data sharing and a lack of follow-up supports and safety planning provided to applicants. The report also found a significant proportion of victim-survivors had already left their abusive partners by the time they accessed the scheme, again raising questions about the efficacy of a DVDS as an early intervention tool.

Delivering a DVDS has significant implementation implications: cost, data sharing, policy practices and access, to name but a few. Shortcomings were also flagged in reports and studies on Clare's law in England and Wales, published between 2015 and 2024. This includes long processing times for disclosures, gaps in follow-up support and inconsistencies in disclosed information. We know the responsibility for the implementation of disclosure schemes weighs heavily on police. The last thing this Government wants to do is divert funding away from where it is needed most.

The Minns Labor Government will continue to back evidence-based approaches to prevent domestic and family violence. Our Safer Pathways Program automatically refers victim-survivors to specialist support services after police respond to domestic and family violence callouts. The NSW Police Force and Women's Domestic Violence Court Advocacy Service co-location program also works to improve responses to women who attend police stations to report domestic and family violence. The 2025-26 budget invested an additional $272.7 million over four years into services to reduce violence against women and children, building on the $230 million emergency package announced in the 2024-25 budget. This Government is proud of its achievements on this issue, including the implementation of the State's first primary prevention strategy; the expansion of the Staying Home Leaving Violence program to ensure that no local government area is left behind; and investment in a specialist domestic and family violence workforce, including five-year contracts for services to deliver certainty. Domestic and family violence is always unacceptable, so this Government will continue to do the hard work required to drive cultural change and better prevent violence before it starts.

Ms JODIE HARRISON ( Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (16:24:30): In response: I acknowledge Jo Cooper, who collected more than 20,000 signatures for this petition. In particular, I point out her lived experience and reiterate the importance of acknowledging and including that in the development of legislation, policy and practice by government. I also acknowledge the member for North Shore for lodging this ePetition, as well as all other members who spoke in the debate.

This petition calls on the Government to pass a bill to implement Clare's law, which is a domestic violence disclosure scheme that currently operates in the United Kingdom that enables a current or potential intimate partner and others to access information about a person's criminal history. I, of course, appreciate the concerns raised in the petition regarding the ongoing harm of domestic violence. The safety of victim-survivors must always be paramount. Responsible governments must implement initiatives that work while, particularly in relation to domestic and family violence, ensuring they do not result in unintended adverse consequences.

In 2016, a disclosure scheme in New South Wales was trialled by the Coalition Government but abandoned two years later. Evaluation of that scheme at the time found significant cost pressures, low demand and data‑sharing delays. Most applications were also made after a relationship had concluded, so the scheme did not work as intended as an early intervention tool. To the credit of the Opposition, which was in government at the time, it listened to the evidence and discontinued the scheme.

Given the time that has passed, it would be reasonable to consider whether that evidence has changed. Research published by Monash and Liverpool universities as recently as last year found that disclosure schemes were ineffective as an early intervention tool and required substantial resources. There were also issues relating to the timeliness of data sharing, follow-up support and safety planning. The South Australia model certainly looks more positive than the New South Wales experience. An evaluation into the model identified a lack of resources to meet rising demand, contributing to delays and increasing pressure on the scheme. That was echoed by the South Australia's Royal Commission into Domestic, Family and Sexual Violence in its recent August 2025 report.

I again thank the petitioner, Jo Cooper, and the member for North Shore for bringing this petition to the Parliament. The Government will always be open to new evidence that keeps women and communities safe. The Government will also continue to monitor the evidence with respect to disclosure schemes. Finally, I pay tribute to all the people with lived experience who are leaning in to be part of developing government policy and practice to bring down rates of domestic and family violence.