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POLYGRAPH LEGISLATION
"Zero Tolerance of False Allegations"
(To members of the South Australian Parliament, advising of a proposed new Act of Parliament - Ed)
Pre Family Court Proceedings.
Given the level of angst in the community relating to the Family Court Proceedings this proposal has been put forward after a wide and varied consultative process. It appears that a point of critical mass is inevitable and change is being demanded by the children, parents and families of Australia. The community has been communicating and they want a fair and just system for all.
Family Law if a Federal responsibility and in fairness the Federal government has made some reforms. Those reforms however, have not addressed the concerns and negative impacts of the system itself and did little to deal with the behavior of the judiciary and lawyers who can make the difference between justice and injustice.
It is obvious that the credibility of both the legal profession and the judiciary has been damaged and at the same time the states have not taken any initiative to deal with matters at a State level to assist their constituency.
This legislation will only apply to South Australia, yet it may encourage other politicians to become pro active and develop legislation in their own states to deal with the situations that are causing pain and suffering to the children, mothers and fathers of this country.
With Respect,
Ann Bressington
Independent Member Legislative Council
South Australia.
False Allegations.
Speak to anyone who is embroiled in the Family Law court system and you will soon learn just how destructive it can be. Once in the system individuals become trapped and being vindictive is encouraged- even to the point of deliberate exaggeration and falsehood. "He who lies most, wins!" is the most common comment and in the USA the Family Court is referred to as "Perjury Palace".
The fact is that individuals can enter family court, accuse their partner of anything and everything and not have to prove the allegations. Even when the accused is able to redeem herself/himself there is not consequence to the accuser. This has opened the floodgates for embattled couples to fight for "sole custody" of their children in an arena where there are no rules.
False allegations have proven to be difficult to prove and depending on the judge of the day, how they are taken into consideration and dealt with will be anyone's guess. This is an adversarial system and although mediation must now be entered into prior to court proceedings once an allegation of abuse, sexual abuse of children or domestic violence have been made there is a high likelihood that personal bias will become part of the process. In fact there have been allegations made that some of the relationship centres are already showing gender bias against men who have been accused.
Lobby and Advocacy Groups.
Some women's support groups oppose shared parenting because of the number of women who believe that their children are at risk and they are not believed in the court.
Some men's groups seek "Rebutable Presumption of Shared Parenting" also because
they believe that their wives are abusive and neglectful of the children.
Other men's groups seek shared parenting because they want and need to be part of their children's lives and they state they have been falsely accused.
So how do we solve this dilemma when both sides have valid concerns about shared parenting ?
The issue is of course proving or disproving abuse, depending on what side you are on - the accused or the accuser. This often comes down to he said/she said and there have been times when children have allegedly had to face constant abuse because the court has got it wrong.
Polygraphs.
Polygraphs have been used in the USA for some time to deal with false allegations, sexual abuse, domestic violence and pedophilia. They have an accuracy of 98% and there is ample research to show that they are an option.
The polygraph test referred to in this legislation has been scientifically tested and forensically designed to measure changes to the pneumatic and sympathetic nervous systems. These responses are unable to be controlled and are an automatic response to a lie. Although there are websites on the internet on "how to beat a polygraph" the techniques described are not successful with this particular kind of testing. The results of course will depend on the examiners training and field experience and the legislation will prescribe the "minimum" qualifications necessary.
Training of polygraph examiners.
It will be responsibility of the State government to provide funding for the training of polygraph
Examiners to fulfill the requirements of this legislation. Training can only be performed by a qualified trainer in the field who has the minimum requirements for this type of forensic testing.
Selection Process for future examiners.
Individuals who apply for the position of polygraph examiner will themselves be subject to a polygraph test to ensure the right person for the job. This is pre-selection testing and is used in the FBI in the USA to ensure that those who are accepted into the FBI.
How will it work?
When a person makes an accusation against another both parties will be referred for a polygraph test with a qualified and certified examiner in this field of testing. This will be a requirement before any further action can be taken.
The Accuser will provide an "evidence statement" on a "Statutory Declaration" and witnessed by an appropriate authority such as a Justice of the Peace.
Before witnesses the person will be informed that to provide false evidence on this legal document will incur a $10,000 fine or 2 years imprisonment under the Summary Offences Act.
The Accused will also provide an "evidence statement" statement on a "Statutory Declaration" which will also be witnessed by an appropriate authority such as a Justice of the Peace. Before witnessing of the document the person will be informed that to provide false evidence on this legal document may incur a $10,000 fine or 2 years imprisonment under the Summary Offences Act.
The statutory declarations will be presented to the examiner from which the questions will be taken for the polygraph test.
When an allegation proves to be true the matter can be referred to the police for investigation. When an allegation proves to be false the matter will be referred to the police for prosecution under the Summary Offences Act.
Both test results will be provided to the representing lawyers of both parties. It is both illegal and unethical for a lawyer to present false evidence in court. Therefore when an allegation has been substantiated it will be allowed to be part of the evidence. Likewise when an allegation has been proven to be false it will not be allowed to be entered as evidence by law and will therefore have no bearing on the judgments made.
What happens if sexual abuse or other abuse of a child is substantiated?
This section will need to be clarified by Parliamentary council (those who write legislation.) because there are existing laws in this area with which we do not wish to conflict.
Reporting:
Results of polygraph testing will be provided to the parliament at six (6) monthly intervals to allow for evaluation of the efficacy of using polygraph testing as an intervention mechanism. All details and personal information will be protected and will remain confidential.
What happens when either party is not convinced of the results of the polygraph?
The persons involved will be required to take a second polygraph where the second test will be performed by another qualified expert, who has the minimum training and experience and who has not been briefed on any matters relating to the case.
If the results support the first test results that will be conclusive.
Should the two tests show different results a third test may be required (this may occur in less than 2% of cases.)
What are the comparative costs of polygraph testing?
Currently it costs around $1,600.00 for a polygraph test of this kind.
Compare that cost to court costs and legal fees, mediation fees, lost time at work (productive and financial costs) as well as the human cost factors of stress.
Who will most likely oppose this legislation?
There can be no doubt that this Bill will receive a great deal of criticism from the legal profession (especially family law court lawyers) because of lost revenue. There is also little doubt that the judiciary will resist because it does limit the level of influence of the judiciary.
What are the costs and benefits of this legislation?
Costs:
$1,600.00 up front fee if the government refuses to fund the test.
Initial funding to recruit and train polygraph examiners.
Benefits:
This process will deter would be false accusers.
Children will be spared abuse where allegations are proven to be true.
Parent's concerns will be validated or relieved.
Prevalence patterns of false allegations will be easily mapped by results of tests.
With the reports the Federal government will receive clear and unequivocal evidence of reforms that may be necessary to further improve the system.
The standard of family court judgments will improve due to "truth" being presented.
Judiciary will be relieved of the burden of "he said/she said" testimonies.
Reduction in legal fees as cases will be dealt with based on the "evidence".
Reduction in loss of productivity in the workplace.
Reduction in loss of income
Eliminate the occurrence of job loss due to vexations allegations of sexual abuse.
Cost saving in investigatory processes connected with child protection agencies.
Development of clear policy guidelines where allegations are made.
Restoration of confidence in judiciary.
Accountability of all involved on a case by case basis.
Unbiased decisions.
Protection of a person's character where allegations are false.
Convictions for child sex abuse that may have otherwise gone undetected.
Family Law Court will function more effectively and more efficiently.
Parents will not spend time in jail for breaching orders.
Reduction in emotional trauma such as depression and suicidal tendancies.
Supporting Organizations:
Lone Fathers Association Australia.
Shared Parenting Council Australia.
Fathers 4 Equality.
BraveHeart.
Childhood Survivors of False Allegations
Richard Hillman Foundation
Woman's Migrant Support Services
Freda Briggs Centre
Family Law Action Group
Children Deserve More
Men's Information Services.
Joint Parenting Association.
Australian False Memory foundation
Citizens Against False Sexual Allegations.
Fatherhood Association.
Uncertain/Opposed.
Single Mothers and Their Children Association.
Abused Child Trus
Future Plans:
Presentation on polygraph efficacy - Mr. Gavin Willson (Date to be Advised)
Venue-Parliament House SA.
Please notify "Expression of Interest" to attend at email address above.
Polygraphs in the Family Court - What do you think?
Ann Bressington Independent Member of the Legislative Council (Parliament) of South Australia is growing ever more anxious about the situation of the Family Court and the reluctance of Judges to put an end to false and misleading statements.
It appears that injustice in the Family Court is an accepted practice and many South Australians in fact, are being forced to endure judgements made regardless of the consequences.
False and misleading statements in any other court would be called 'perjury' and would carry a jail sentence, yet in Family court it seems that basic human rights, as well as parental rights and responsibilities have been forfeited as has the right to a truly democratic justice system.
Forensic polygraph testing is available to prove the truth and has an accuracy rate of 98%. Polygraph testing has come a long way over the years and are used in a number of ways to prove false allegations. I have commissioned 6 polygraph tests for parents who have been falsely accused of sexual abuse, domestic violence, neglect and substance abuse and all showed a 98% surety of being innocent of those allegations.
The issues of Family Court such as shared parenting and fitness to parent are emotive issues. So emotive in fact, that so many working the area of child protection and family court allow their personal experiences and biases to cloud the issues. The social workers make recommendations and the judges follow those recommendations, often without question. Let us also not forget the Family Court Lawyers who represent until the money runs out, leaving many parents without representation at trial, or failing to present all of the evidence because time and dollars are short. So let's take the emotion out of issue and allow a totally unbiased, scientifically proven method to determine the truth.
In South Australia a forum of parenthood groups met on Friday, 28th September, 2007 to discuss the possible use of polygraphs and with 9 organizations represented from both genders and deliberations that lasted for 6 hours, the answer came back a resounding 'yes' to polygraphs being used before cases are ever referred to the Family Court.
I am wanting feedback from Australians and those of you who live in other countries:-
Would you take a polygraph to prove your innocence?
Would you be prepared to pay for a polygraph AUD $1,600 before you go to court?
Do you believe that, if penalties were in place for making false allegations and misleading statements that this behaviour would be halted as a result?
Polygraphs must be conducted by forensically trained specialists.
To give feedback - contact
ann.bressington@
parliament.sa.gov.au