Feature

Tough new gun laws aim to make families safer but 'don't get to the heart' of the problem

The shocking murder of two women in Western Australia has triggered potential changes to how police do their jobs, but there are concerns this won't solve the bigger issue.

A photo of a man superimposed in front of a floral tribute on a lawn.

WA Premier Roger Cook has said new laws will require police to seize the firearms of people subject to a formal domestic violence complaint. Source: AAP, SBS

This article contains references to domestic and family violence.

Just over a week after Mark Bombara shot and killed his former wife's best friend and her daughter in Perth, authorities were announcing changes to police protocol.

Western Australian Premier Roger Cook told media on Sunday that new laws would be introduced to require that police seize the guns of people subject to a formal complaint of domestic violence.

It came after Bombara's daughter that he would use his 11 guns against her and her mother.

The on 24 May has raised broader questions about how authorities respond to domestic violence cases.
It's not the first time police in Australia have been accused of failing to protect families from violence.

Cases in Queensland led to a 2022 commission of inquiry that heard officers had failed to understand and respond appropriately to domestic and family violence.

A 2021 inquest in NSW found errors made by police allowed a man to murder his two teenage children.

While experts have welcomed WA's gun reform, one warns that it may not be "getting to the heart" of the problem with the police response.

What is Western Australia doing?

The WA reforms would make it mandatory for police to seize the guns of a licensed firearm owner if that person is subject to a formal complaint of family or domestic violence.

Cook said the details of what constituted a "formal complaint" were still to be decided but said the reform would provide clarity for police.

"This will actually strengthen police powers and also take [away] that level of doubt ... about whether they proceed to confiscate the guns or not," he told reporters on Sunday.
A man wearing a blue suit and magenta tie
Western Australian Premier Roger Cook says new laws will strengthen police powers to intervene. Source: AAP
The requirement will be added to the government's firearms reform bill, which is being considered by parliament and which Cook has described as "the toughest gun laws in Australia".

It's hoped the change will be passed before 27 June when parliament is due to rise for the winter break.

'An issue that goes beyond firearm reforms'

State Opposition leader Shane Love, of the Nationals WA party, is opposed to the broader bill, and when asked whether he supported the changes related to domestic violence incidents, he pointed out they would not take effect until March 2025 at the earliest.

"In the meantime, we need to see greater protection for families and women in WA," Love told SBS News in a statement.

"This is an issue that goes beyond firearm reforms. Our system is failing women, as evidenced by the tragic death of a Byford woman this weekend."

The 61-year-old woman in Byford was allegedly killed by her son, who has been charged with one count of murder.
This is an issue that goes beyond firearm reforms. Our system is failing women.
WA Opposition leader Shane Love
Love said if the premier was serious about protecting families and the community, he must sit down with the police commissioner and ensure police were using their existing powers under the current Firearms Act to remove firearms when domestic violence is involved.

"The Premier must ensure the police commissioner and WA Police take threats of violence against women seriously and act on them with urgency," he said.
A man in a blue suit speaks.
Western Australian Opposition leader Shane Love is calling for an independent inquiry into the Floreat murders. Source: AAP / Richard Wainwright
The Opposition is also calling for an independent corruption and crime commission inquiry into the murders of Jennifer and Gretl Petelczyc, at the hands of Bombara.

"This inquiry is essential to thoroughly investigate the concerns raised by Ariel Bombara and to prevent similar tragedies in the future," he said.

"The Nationals WA have consistently stated that we will consider sensible firearms reforms to address family and domestic violence. We await further details and a briefing from the Police Minister on his proposed reforms."
A woman with blonde hair wearing a blazer
Ariel Bombara's father killed 59-year-old Jennifer Petelczyc, who was a friend of his former wife, and her 18-year-old daughter Gretl. Source: Supplied / ABC
WA police commissioner Col Blanch said last Tuesday the WA Police internal investigations unit would investigate Ariel's claims.

Speaking to ABC radio the following day, he said it was wrong to say police didn't act. "To say nothing was done is wrong. A lot was done," he said.

"Police frequently review policy, procedures and techniques to enhance our response to crime in the community," a WA Police spokesperson said.

She said they had no further comments to make about the case or potential firearm reforms.

"It is appropriate that we now allow the investigations to take their course," she said.

Gun laws not 'getting to the heart' of the problem

Other states also have laws suspending the firearms licence of those accused of family violence.

Police in some states will seize guns once a licence has been suspended, but this does not seem to have been made mandatory under the law. Action may also be dependent on a family violence order being issued, not just a complaint.

In NSW, police must ask about the presence of firearms as part of domestic violence investigations and have the authority to seize these. The accused's licence is mandatorily suspended if they are charged or if there's reasonable cause to believe the person may commit an offence.
Victoria's family violence code of practice states that once an interim family violence intervention order is issued, police will seize any firearms. If a final order is issued, then the perpetrator's licence will be revoked and police will seize any further weapons not taken and dispose of them.

In Tasmania, police say "in practice" they will immediately seize firearms when a person is issued with a family violence order.

In South Australia, police say someone subject to an intervention order is prohibited from being in possession of a firearm.

In the ACT, a firearms licence will be suspended if a person has been charged, or has threatened to commit a family violence offence.

"ACT Policing attend to serve these orders and seize any firearms at the time," a police spokesperson said.

In Queensland, Police Minister Mark Ryan said police had powers to remove a weapon from a person's possession if they had concerns.

"Police are the experts when it comes to these matters and the government is guided by their advice," he said.

"If police were to propose any further changes to Queensland’s laws then the government will always give those proposals the utmost consideration."

Northern Territory Police said a review of its firearms agreement was underway.
Floral tributes seen outside a home.
Floral tributes outside the house where Jenny Petelczyc and her daughter Gretl Petelczyc were shot dead in the Perth suburb of Floreat. Source: AAP / Aaron Bunch
Gun law expert Samara McPhedran, formerly of the University of Queensland, said WA's proposed laws could ensure police took action, but it was "not actually getting to the heart of how police respond to victims and how police assess risk".

"The really concerning issue here is that, when we see police not taking action in response to domestic violence allegations, that tends to be across the board," she said.

"[It] is typically a reflection of systemic issues within police around how they deal with domestic violence."
The really concerning issue here is that, when we see police not taking action in response to domestic violence allegations, that tends to be across the board.
Samara McPhedran
McPhedran said many "chilling stories" of victims not being taken seriously by police had emerged from the Queensland Independent Commission of Inquiry, and it appeared similar problems may be present in Western Australia.

"So there's arguably a much broader and incredibly important piece of work to be done around improving systemic responses to victims and to how police actually deal with reports of DV."

She said other jurisdictions had stepped up police training, working hard to educate and train officers on how to respond appropriately to domestic violence reports.

"Police typically take quite a risk-conscious approach," she said.

This includes using the powers they already have to seize firearms in cases of domestic violence.

Statistics show police do take threats seriously

McPhedran said it was "somewhat unfair" to police to say they were not doing their jobs.

"In other jurisdictions (outside of WA), there's been a lot of work around training and continuous improvement, and that includes in situations where firearms are present," she said.

"The statistics really speak for themselves — we have very few incidents of domestic and family-related homicide involving firearms. We unfortunately still have a lot involving knives, physical force and other methods."

The latest Australian Bureau of Statistics data on victims of crime found that 15 per cent of homicides (56 deaths) in Australia involved the use of a firearm in 2022.
Even in WA, McPhedran said there were no firearm-related homicides in 2022 linked to family or domestic violence. There were three involving knives and three with no weapon used.

"That's actually a positive indicator that police do generally take that issue quite seriously," she said.

"It's simply that in [the Bombara] case, for reasons that we don't yet know, something has obviously happened that they haven't exercised that power to cancel a licence and remove guns."

Deaths are 'inherently preventable'

Alison Evans, the chief executive officer of Western Australia's Centre for Women's Safety and Wellbeing, welcomed the Cook government's announcement and said removing guns from the hands of violent men could only be a good thing.

But she added that this was just the "first step" and that systems reform, in partnership with victim-survivors, Indigenous leaders and specialist family and domestic violence services, was vital.

"It will enable us to be proactive in the fight against family and domestic violence and will ensure perpetrators are held responsible for their actions," she said.

Monash University professor Kate Fitz-Gibbon said domestic violence-related deaths were "inherently preventable" so it was essential to consider reforms in law, policy or practice to prevent future deaths.

"It is absolutely critical that state governments critically review the system failures and risks contributing to the recent killings," she said.

Fitz-Gibbon said risk identification, assessment and management were critical pieces of the puzzle.

"Women should not be held responsible to manage their own risk, and to anticipate the risk that other men, known to police, may pose. Our systems must do better than that."

If you or someone you know is impacted by family and domestic violence, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit . In an emergency, call 000.

, operated by No to Violence, can be contacted on 1300 766 491.

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10 min read
Published 6 June 2024 5:56am
By Charis Chang
Source: SBS News


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