Government's Home Invasion legislation passed in Parliament

8/11/00
Significant legislation dealing with defence against home invasion and protecting victims from civil actions by offenders has been passed in Parliament today.
"The citizens of Western Australia have a right to absolute safety within their homes from intruders," Attorney General Peter Foss said.
The Criminal Code Amendment (Home Invasion) Bill 2000 will widen the right to defend against home invasion.
"With the passage of this Bill the Government has proven its commitment to making sure the law is on the side of the victim and against the offender," Mr Foss said.
"People who legitimately protect themselves from intruders to their homes should not be penalised.
"Many people think that they can only use "reasonable force" when defending against home invasion. However, this is not the case. The Criminal Code actually permits the use of any "force believed to be necessary" to defend against home invasion.
"The current Bill expands the definition of defence to give the occupant the right to 'use any force or do anything else' to defend against an intruder. People will have the right to do whatever they believe, on reasonable grounds, to be necessary to defend against home invasion," Mr Foss said.
The defence provisions will apply to the whole surrounds of the dwelling, and not just the dwelling itself. This will include areas such as the garage, shed, front or rear yard.
More importantly, the home occupier no longer will have to wait until an intruder forcibly enters their dwelling.
Under the proposed changes, a home occupier will be able to use the defence provisions to:

• prevent a home invader wrongfully entering their dwelling or property;

• cause a home invader to leave their dwelling/property;

• defend against violence (used or threatened) in relation to a person by an invader; or -

• prevent a home invader committing an offence in their dwelling or property. As long as the occupier believes the invader intends to commit an offence this last provision applies.

The other piece of legislation that complements this Bill is the Offenders (Legal Action) Bill 2000.
This Bill seeks to protect victims by preventing offenders from taking legal action in respect of injury or loss suffered in the course of committing an offence.
"By prohibiting legal action, the community's fear of being sued by offenders will be removed," the Minister said.
Media Contact: Danielle van Kampen - 9321 2222