WA govt reviews domestic violence laws

Cyber-stalking should be included in the legal definition of domestic violence, according to a report to be considered by the West Australian government.

The Law Reform Commission tabled the report, containing 73 recommendations, in state parliament on Wednesday.

Attorney-General Michael Mischin said the report was expected to lead to significant changes to the way domestic violence laws were implemented and enforced.

Key recommendations include separating family and domestic violence orders from the existing Restraining Orders Act, treating it as a criminal offence under the Criminal Code and creating clearer definitions of what constitutes domestic violence.

The commission also suggests a specific review of current criminal laws in relation to cyber-stalking and other forms of abusive or threatening behaviour via electronic means, noting that this kind of harassment was increasing.

"It is important to continue to discourage any perception that criminal acts conducted in a family or domestic environment are in some way less serious than those in other contexts," the report read.

"Indeed ... domestic and family violence should often be treated as an aggravating, not an ameliorating, factor."

The commission said the recommended reforms could not eliminate the blight of restraining orders proving ineffective "to the point of homicide".

But they had been devised with more modest goals in mind, including enhancing the protection of victims, reducing family and domestic violence by increasing perpetrator accountability, and providing fair, just and timely legal responses.