clearinghouse achievements 2000-2013
national overview profile: heather nancarrow Summer / 2014
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newsletter
inside 3
welcome
3
clearinghouse update
4
summary of Clearinghouse achievements
6
national round-up
14 profile: Heather Nancarrow 15 librarian’s picks
Subscriptions For a free subscription to the Clearinghouse e-news, please phone, fax or email us, or subscribe online at – www.adfvc.unsw.edu.au/subscribe.html For more information contact the Clearinghouse at –
Email: clearinghouse@unsw.edu.au Ph: (02) 9385 2990 Fax: (02) 9385 2993 Twitter: @ADFVC_Info Publication Information The views expressed in this Newsletter do not necessarily represent the views of the Australian Domestic and Family Violence Clearinghouse or the Australian ISSN Print: 1443-7236
Government. While all reasonable care has been taken in the preparation of this
ISSN Online: 1838-7101
publication, no liability is assumed for any errors or omissions. The Australian Domestic and Family Violence Clearinghouse has been funded by the Australian
© 2014 Design/Printing: Print Post Plus (P3)
Government Department of Social Services. The Clearinghouse is a project of the Gendered Violence Research Network.
WELCOME Welcome to the final issue of the ADFVC newsletter. In this issue we reflect on 13 years of Australian domestic and family violence policy and practice since the
clearinghouse update
Clearinghouse was established in 2000. Our round-up of key reforms and developments on page 6 is provided by stakeholders from each state and territory. The breadth of the issues they cover demonstrates how much has been achieved in this time and provides insight into where we are now and could be headed in the future. Also in this issue Cris Scott from the ADFVC presents her ‘librarian’s pick’ of the most important and helpful research/resources added to our database since 2000. Cris has worked in the Clearinghouse to select, abstract and upload DFV resources for many years and is in a prime position to pull out key items to be remembered and used.
‘Working for change’: innovations and interventions for men who are violent towards women In Adelaide on the 8th November 2013 the Clearinghouse and the Australian Centre for the Study of Sexual Assault (ACSSA) hosted a national workshop for advanced practitioners and clinicians working in the men’s behaviour change and therapy field. The event showcased some of the new and innovative work in this field, provided space to open up conversations between practitioners across the country about new interventions, therapies
In page 14 we provide an
and approaches, and their own
introduction to Heather Nancarrow
work in this area. Leaders in the
as incoming Chief Executive of the
field from across Australia were
National Centre of Excellence to
invited to participate in a panel-led
Reduce Violence against Women
workshop for service providers, and a
and their Children. From February
special master class was run by Tom
onwards we expect to be sending
Powell, founder of the internationally
out more news from the NCE each
acclaimed Red Dust Healing. A
month, via our Twitter feed, e-news
written report from the workshop and
and website. Make sure you sign
video recording of the Q&A panel are
up to our email subscriber list to
available for viewing at this link:
stay in touch.
http://www.adfvc.unsw.edu.au/
We’d like to say a big ‘thank you’ to everyone who has sent us their
time of change. Remember that we are still here!! but in a smaller
The Clearinghouse will soon release,
form until the NCE announces
with ACSSA, a paper that considers
further developments. Check the
the state of primary prevention of
update section for more details of
violence against women in Australia.
what Clearinghouse services are
Primary prevention is identified as a
continuing.
cornerstone of the National Plan to
the work of the ADFVC during this
ADFVC team. www.adfvc.unsw.edu.au. Facebook.com/ADFVC @ADFVC_info
the effectiveness of such measures. Check our website for release date of this paper: http://www.adfvc.unsw.edu.au
Book launch: Social work & domestic violence – developing critical & reflective practice Late last year the Clearinghouse hosted the launch of an important new book by Lesley Laing & Cathy Humphreys with Kate Cavanagh called Social work and domestic violence: developing critical & reflective practice (2013). “This book shows how social workers can intervene in everyday practice with victims, their families and perpetrators of domestic abuse”, said Jan Breckenridge of the Gendered
3
Violence Research Network at the launch. Topics covered in the book include: child protection, interprofessional collaboration, the policy and legal context, working with women and working with men.
Reduce Violence Against Women and their Children, so it is timely to consider what primary prevention is, how a public health model came to be applied in the area of violence against women, measures that have shown
Website Don’t forget our website! You can view the latest news from the sector on our ‘What’s New?’ page, download Clearinghouse papers from the Publications and Submissions page, look for upcoming forums on the Conferences and Events page, and search our databases for research and good practice. www.adfvc.unsw.edu.au
www.adfvc.unsw.edu.au
And Happy New Year! from the
there may be in terms of evaluating
other_publications.htm.
New paper on primary prevention of violence against women out soon
well wishes and acknowledged
promise thus far, and any issues
Australian Domestic and Family Violence Clearinghouse 2000-2013: a review of key achievements BY KAREN WILCOX, CLEARINGHOUSE SENIOR RESEARCH OFFICER During 13 years of operation, the ADFV Clearinghouse
The project gave rise to a forum, website, training and
has played a prominent role in connecting practitioners
resources. There has also been great international interest
across the states and territories with each other, as
in the ideas emerging from this project.
well as with resources, information, updates and new evidence. We have promoted good practice, new
Economic Costs of Violence
research, evidence-based implementation and cross-
In 2002, the Clearinghouse provided a seminal literature
sectoral and cross-disciplinary work to address the
review on the costs to the economy of domestic violence.
needs of victims of domestic and family violence. In addition, the Clearinghouse has led or informed key issues in the field, leading to policy, law or practice changes. These included:
4
Advocacy for Women’s Economic Security This important primary research project raised awareness of the need for economic advocacy on behalf of women who have left abusive relationships, extending understanding of their needs beyond the problems caused
Gender and Domestic Violence Papers in 2005, 2007 and 2013, and a forum in 2012, have informed debate about the gendered nature of domestic violence.
The Impact of Domestic Violence on Women’s Mental and Physical Health A 2003 paper raised the important issue of abused women’s ‘mental health’ presentations and misdiagnoses. In 2013, we published a newsletter article, and hosted
by relationship-induced debt.
a joint seminar with ACSSA examining newer, trauma-
Domestic Violence and the Impact on Children
domestic violence. In 2003 and in 2013 we published
informed approaches to understanding the impacts of papers which reviewed the impacts of domestic violence on women’s physical health.
The 2000 Clearinghouse paper which summarised the impacts of domestic violence on children is still widely cited. In 2008, we published a paper on mother-infant attachment, which has been influential in raising awareness of the ways in which perpetrators who undermine mothering are harming their infants. The issue was again addressed in 2011-2013, with a Clearinghouse forum and training presentations, a literature review, newsletter articles, and a webinar, bringing together more recent findings from the fields of developmental psychology and
In 2007 the Clearinghouse published an important paper on risk assessment in family law systems. In 2010, we commissioned a paper that explored conceptual connections between domestic violence and the concept of ‘coercive controlling violence’ within typologies of violence literature, and domestic violence. Later, we
neuroscience in an accessible format for our stakeholders.
provided content used in the cross disciplinary AVERT
Domestic Violence and the Workplace
that developed and presented regionally-based training on
The ADFV Clearinghouse commissioned a paper on workplace issues and later seeded the project, auspiced by the CGVR, which spearheaded changes to enterprise
newsletter .54
Improving Family Law System Responses To Domestic Violence
agreements across the country and led to protections for working women experiencing domestic violence.
package, and in 2011-2012 were involved in a partnership family violence and family law, based on AVERT resources. In 2012, a paper on typologies of violence was published. A special collection of literature on this topic was compiled and uploaded on the website.
Older Women and Domestic Violence
Victim’s Compensation
Two papers from the Clearinghouse highlighted the
The Clearinghouse provided the first national overview of
particular needs of older women experiencing domestic
Victim’s Compensation law.
and family violence, and the link between this and poverty and homelessness for this demographic.
Protection Orders
Women with Disability and Domestic Violence In 2009, the Clearinghouse organised and hosted the first
Clearinghouse paper and conference presentations
national conference on domestic violence and disability,
provided a structure for comparative assessment of
‘Diverse and Inclusive Practice’, bringing together the two
protection order law regimes across the state and
sectors to hear presentations from key speakers. This was
territories, and highlighted reforms with potential for
followed by a ‘special collection’ literature compilation,
positive impact on victim safety.
published on our website.
Risk Assessment The Clearinghouse has published key papers on risk
Indigenous responses to Family Violence
assessment in counselling, family law systems, with high
In 2006 we commissioned an analysis of the state of
risk offenders, and in relation to sexual violence.
good practice in Australia, the various types of programs
Staying Home Leaving Violence Research This small but trailblazing project examined the needs of
and responses to Indigenous family violence, particular challenges and key elements of success evidenced in various programs.
the perpetrator of violence. It gave rise to a NSW pilot
CALD Women and Domestic / Family Violence
exclusion order support program, also known as ‘Staying
In 2013 we commissioned a paper about the particular
Home, Leaving Violence’. Relatedly, the Clearinghouse has
issues facing women who are refugee and asylum seekers
consistently argued for the enhancement of exclusion or
in Australia and considering best practice responses to
ouster condition provisions in protection order law.
assist women with backgrounds of multiple trauma.
women who wanted to stay in their own homes, without
We would like to thank all of our commissioned writers, including those whose contributions are summarised above, for their support of our endeavours and their commitment to making a difference in the lives of women and children surviving domestic and family violence.
5
For a complete list of our publications, see http://www.adfvc.unsw.edu.au/publications_index.htm, and http://www.adfvc.unsw.edu.au/IssuesinGoodPractice.htm .
www.adfvc.unsw.edu.au
National Overview of Domestic and Family Violence initiatives: how far have we come in the past decade, and where to next?
6
When the Clearinghouse commenced over a decade ago
to investigate integrated or cross-agency responses and
workers responding to and attempting to reduce domestic
specialist violence courts, and there was considerable
and family violence were concerned with the impacts of
concern about the economic costs of domestic and family
domestic violence on children, the increased rates and
violence. Domestic violence workers and the community at
seriousness of victimisation experienced by Indigenous
large saw assisting women to leave an abusive relationship
women, access and equity to services and justice system
as a first line response.
responses, particularly for women from CaLD backgrounds
In 2014, some of these concerns remain, but there are
and Indigenous women, and for lesbian women.
other issues which have emerged as ‘hot topics’, and
Mandatory arrest strategies were a hot topic and criminal
new ways of thinking about and approaching domestic
justice system responses, including policing, dominated
and family violence. The Clearinghouse has played an
discussion, whether they involved crime prevention or
important role in encouraging discussion and development
enhanced protection orders. Some jurisdictions began
of many of these issues across the nation.
For this final edition of the Clearinghouse Newsletter, we have invited practitioners from each of the states and territories to provide a brief account of the issues they see as being crucial to work in the response and reduction of domestic and family violence, and Karen from the Clearinghouse provides a brief overview of national issues.
funding and development of domestic violence services
NATIONAL ISSUES BY KAREN WILCOX, SENIOR RESEARCH OFFICER AT THE CLEARINGHOUSE
Family Law: Shared Parental Responsibility Amendments to the Family Law Act 1975 in 2011 addressed some concerns around the role of children’s safety considerations in decision making about custody and access (now termed parenting time). However, Australia’s unique shared parenting regime under family law continues to create difficulties for women who leave their abusive partners. The impact of family law on women’s choices and children’s safety remains an issue of concern.
Inequitable access to support and recovery assistance Regional and jurisdictional variations have created differences in the availability of support and recovery
newsletter .54
services for women and children experiencing domestic and family violence. Given that the issue is of national significance, the unevenness of funding and availability of systems to support families is a growing concern. The inequities evidenced by the inconsistent prioritising of
is worse for women in remote and regional Australia, from CaLD and refugee communities and for Indigenous women and women with disabilities, and for children requiring trauma-informed responses.
Reframing Domestic and Family Violence as a public health issue Public Health discourse has now overtaken other ways of approaching domestic and family violence, such as political or justice discourses. This has given rise to increased funding to activities which mirror health promotion strategies (e.g. those for healthy eating, anti smoking), such as school programs and community education/social marketing. The rise of government support for organisations such as White Ribbon Foundation and the new Foundation for the Prevention of Violence reflects these public and community relations agendas.
Indigenous Family Violence Indigenous women and children remain at much greater risk of violence than non-Indigenous women and children. Community-led solutions which incorporate the views and leadership of strong women in communities are increasing in traction and gradually receiving wider community support.
Governments and communities remain committed to
Most important reforms / developments in the past decade
promoting programs for men, as a means of securing
In 2009, the NT Government introduced in section 124A
reductions in violence and abuse in intimate partner
of the Domestic & Family Violence Act, a mandatory
relationships. The need for evidence supporting efficacy
obligation on all adults including professionals to report
of public expenditure and criminal justice diversion to
domestic or family violence.1 This provision was somewhat
these programs is an issue for domestic violence service
controversial as to whether it would achieve its objective
providers.
of increasing DFV reporting and reduce instances of DFV,
Perpetrator Programs
Media, Social Media and community attitudes Media representations of domestic violence often minimise perpetrator accountability, in part due to the success of public relations activities of men’s rights activist lobby groups. Homicides are frequently reported without reference to prior DFV, and the murderers of wives and children are portrayed as depressed victims. Media representation has been identified as a key focus area for violence prevention efforts, with the Foundation for
rather than criminalise professionals assisting victims who do not report or delay in reporting. A recent review indicates that at this stage, mandatory reporting has had little impact on perpetrators taking responsibility for DFV or acting as a deterrent. There was also some evidence provided from service providers that targeted perpetrator programs ‘were best placed to inspire change, but that limitations on access to programs acted as a constraint’. Anecdotal evidence also suggests that this obligation may prevent some perpetrators from accessing services for fear of legal repercussions.
Prevention of Violence Against Women, VicHealth and
The definition of domestic and family violence to
other organizations targeting improvement through impact
incorporate economic abuse, damage to property and pets
research, guidelines to assist journalists and an award
has afforded victims greater access to justice (Domestic
program for excellence in reportage on this subject called
and Family Violence Act 2007 (NT)).
the EVAs (Eliminating Violence Against Women Media Awards).
Amendments to the Family Law Act 1975 (Cth) in 2012 also broadened the definition of ‘family violence’ and abuse, and provided new directions for courts to increase
NORTHERN TERRITORY BY NICKI PETROU, TOP END WOMEN’S LEGAL SERVICE (TEWLS), WITH CONTRIBUTIONS FROM THE CENTRAL AUSTRALIA WOMEN’S LEGAL SERVICE (CAWLS), THE NORTH AUSTRALIAN ABORIGINAL FAMILY VIOLENCE LEGAL SERVICE (NAAFVLS), THE DOMESTIC VIOLENCE LEGAL SERVICE (DVLS) AND THE DARWIN ABORIGINAL & ISLANDER WOMEN’S SHELTER (DAIWS)-THE INDIGENOUS MEN’S SERVICE & INDIGENOUS WOMEN’S SERVICE. It would be an understatement to attempt to portray the significance and impact of domestic and family violence (DFV) in the Northern Territory. Its prevalence and severity relative to population size is particularly disturbing. When
prioritisation of children’s safety in child protection matters in relation to considerations of risk or experience of abuse. The establishment of the NT Domestic and Family Violence Reduction Strategy (as one of the 5 Pillars of Justice) in line with COAG’s National Plan to Reduce Violence against Women and their Children 2010-2022. In November 2013, the Northern Territory Government announced that it is developing a comprehensive domestic violence reduction strategy that will incorporate ten agencies across Government and apply a cross-agency approach to address the unacceptably high level of domestic violence in the Northern Territory. The introduction of a defendant’s DV duty service by the North Australian Aboriginal Justice Agency in 2013, which assists defendants to better understand and engage in the legal process.
compared to other Australian jurisdictions the Territory is
Women’s and men’s programs such as the Strong Bala
also unique due to its large proportion of remote Aboriginal
Men’s Group in Katherine and the DAIWS Indigenous
communities and its vast landscape. The challenges and
Men’s Service and the Indigenous Women’s Service
solutions are complex. In a 3-month period alone in 2013
programs in Darwin.
(Oct-Dec) there were at least 4 domestic violence (DV) related homicides recorded. This gives cause for alarm place, and how effective it is in reducing or combating DFV.
Most important reform that needs to happen The instigation of a domestic violence death review process in the NT to undertake reviews aimed at better understanding and responding to incidences of DV by: In instances where there ‘has or is likely to cause serious harm’ and/or ‘the life or safety of another person is under serious or imminent threat because domestic violence has been, is being, or is about to be committed’
1
www.adfvc.unsw.edu.au
and to consider the current DFV prevention strategies in
7
identifying high risk DV situations that may result in death and implementing early intervention strategies.
QUEENSLAND
Incorporation of elder abuse into domestic and family
BY HEATHER NANCARROW, QLD CENTRE FOR DOMESTIC & FAMILY VIOLENCE RESEARCH
violence legislation and policy, recognising further forms of family and lateral violence. Accreditation and oversight of family report writers in family relation to family violence and abuse, and as they relate to
Most important developments or reforms in the past decade
certain cultural groups and urban or remote settings. This
The following developments and reforms are in
would ensure a consistent and proper representation of the
chronological order, rather than order of significance. At
extent of harm caused by domestic violence.
the risk of appearing biased, the establishment of the
law matters, to ensure they gain the necessary expertise in
Particular area in need of progress The correlation between domestic/family violence and the child protection system – how these two areas interact and how to better coordinate multi-agency responses. Specific issues faced by women living in remote or rural NT– and who may be otherwise isolated or precluded from accessing services. This should involve innovative service provision, with potentially different engagement and/or responses to domestic and family violence such as through the use of technology (eg Skype) to better support women in safely accessing legal services and community legal education (CLE). Better application of section 21 of the Domestic & Family Violence Act, which provides for and clearly envisages as a key objective in the process to ‘ensure the defendant
8
accepts responsibility for the violence committed against the protected person’ and ‘to encourage the defendant to change his or her behaviour ‘. This could be through directing defendants to participate in relevant behavioural programs, however there is reluctance from some legal services to impose an order directing a defendant to participate in such programs, because failure to attend could potentially be deemed a breach of a Domestic Violence Order, and result in a strict custodial sentence under the current legislation. Alternately, NGOs funded to provide DFV programs could be present at court on the day DVO applications are listed (perhaps on a duty roster basis) to enable link up with defendants interested in attending these programs. Another option could be that
www.noviolence.com.au) at CQ University in Mackay, Central Queensland has resulted in a number of significant contributions. These include the annual Indigenous Family Violence Prevention Forum, commenced in 2004; the accredited Course in Responding to Domestic and Family Violence (30949QLD), which constitutes three units of competency and sets a benchmark for skills required to effectively work in this area; and the research seminars which result in online videos and ‘in conversation’ resources for ongoing professional development. The Domestic Violence Death Review Unit, which aims to prevent domestic violence related homicides by identifying aspects of services and system responses requiring enhancement or reform, was established in the Office of the State Coroner in 2010. Perhaps the most significant development in the past decade is the Queensland Government’s commitment to implementation of the National Plan to Reduce Violence Against Women and their Children via a series of four, three year action plans. The Domestic and Family Violence Protection Act 2012 (QLD) reflects the National Plan’s intent and specifically aims to overcome the problems associated with ‘cross-applications’ and ‘cross-orders’. It provides a preamble and a set of principles to guide the implementation of the legislation, which locate DFV in the context of human rights and international instruments aimed at protecting those rights. The principles also require police and courts to identify the person most in need of protection when faced with competing claims
police refer parties to these programs directly.
about who is the victim and who is the perpetrator.
Further support for victims of domestic violence and their
An emerging development is the transformation of
children, through culturally appropriate and safe programs, which aim to also break the potential effect of lateral and intergenerational violence, and promote the concept of a
child protection practice so that fathers who perpetrate domestic violence are held accountable for the violence and its effects on children, rather than mother/victims (see
‘healthy relationship’.
CDFVRe@der Vol 12, No.1 December 2013).
Greater mediation of family and community disputes to
The most important reform that needs to happen
ensure earlier resolution and to prevent escalation into violence. Regulation of online abuse and cyber bullying via social media.
newsletter .54
state-wide Centre for Domestic and Family Violence (see
The most challenging but critical area of needed reform relates to the ongoing high levels of domestic, family and sexual violence in Aboriginal and Torres Strait Islander communities. Recognition of and responses to the intersections of ‘race’ and gender inequality in the experiences of Indigenous women and men as victims
and perpetrators of DFV must be embedded in policy
An example of the harnessing new technologies to prevent
and practice. Violence can never be justified; however,
and respond to domestic violence is the Women NSW
the social and material circumstances in which violence
Aurora domestic and family violence app for people
against Aboriginal and Torres Strait Islander women and
experiencing domestic and family violence or for those
children occurs are significant contributors and must also
worried that a friend or family member is experiencing
be addressed.
domestic and family violence. As identified by the DVDRT,
A particular area in need of progress Sub-populations requiring specific and urgent attention to their particular circumstances, including immigrant and refugee women, particularly those with no income, is a
family and friends are often aware of domestic violence but unsure about how to help. This app provides support and information to this key source of support for women living with domestic violence.
vulnerable to ongoing and escalating abuse. These
The most important reform that needs to happen
particular issues and DFV- specific training in general must
Over the past decade, NSW has struggled to develop a
be embedded in tertiary education programmes such as
coherent, integrated policy approach to domestic and
social work, psychology, nursing and medicine.
family violence. The current program of Domestic Violence
severely neglected area, leaving those women especially
Reforms, in the early stages of implementation, involves: a shared definition of domestic and family violence;
NEW SOUTH WALES BY LESLEY LAING, UNIVERSITY OF SYDNEY
Most important developments or reforms in the past decade
minimum practice standards; a risk identification tool; central referral points; safety action meetings for high-risk cases; and primary prevention activities , in parallel with the Domestic Violence Justice Strategy which aims to hold perpetrators accountable and prevent re-offending.
Following a decade of activism by domestic violence
A particular area in need of progress
advocates, NSW established a Domestic Violence Deaths
Considerable work remains to be done to bridge the
Review Team (DVDRT) in 2011. Teams such as these represent a new approach to identifying systemic problems and policy gaps in responding domestic violence. The NSW team has a legislative base and has the capacity to review the suicides of victims of domestic violence and ‘accidental’ deaths where there is a history of domestic violence, in addition to homicides. Increased advocacy and support for women seeking
jurisdictional ‘gap’, between state and federal responses to domestic and family violence with respect to protection orders and Family Law proceedings and protections for women with insecure immigration status. A continuing challenge is to bring together the domestic violence and
9
child protection sectors so that our responses better recognise and respond to the interconnections between women abuse and child abuse.
legal protection is now available through the expansion of the Domestic Violence Court Advocacy Service to cover 108 Local Courts, including more specialist workers to assist Aboriginal women and women who are nonEnglish speaking. The associated Domestic Violence Practitioner Scheme provides free, independent legal advice on ADVOS, family law, care and protection and
AUSTRALIAN CAPITAL TERRITORY BY MIRJANA WILSON, DOMESTIC VIOLENCE CRISIS SERVICE
regional Local Courts. In the Family Court, the Women’s
Most important developments or reforms in the past decade
Family Law Support Service, an initiative of the women’s
Established in 1998, the ACT’s Family Violence Intervention
refuge movement (now Domestic Violence NSW), provides
Program (FVIP) is a coordinated interagency response to
essential support to women dealing with parenting issues
family violence incidents that come to the attention of the
in the context of domestic violence.
police and proceed to prosecution. FVIP partner agencies
The injustice of women and children becoming homeless
are: Australian Federal Police (ACT Policing), Office of the
victim’s compensation matters in 32 metropolitan and
in order to escape domestic violence has been responded to through the Staying Home, Leaving Violence program, within the multi-agency context to facilitate their ability to remain in their homes where they wish to and it is safe to do so. In a similar vein, the Start Safely program aims to prevent homelessness by the provision of a subsidy which provides short to medium term financial help to women so that they can secure private rental accommodation.
Court, ACT Corrective Services (ACTCS), Domestic Violence Crisis Service (DVCS), Office for Children, Youth and Family Support (OCYFS), Policy and Regulatory Division, Justice and Community Safety Directorate (JaCS), and the Office of the Victims of Crime Commissioner (VoCC).
www.adfvc.unsw.edu.au
a state-wide network of advocates who work with women
Director of Public Prosecutions (ODPP), ACT Magistrate’s
The FVIP’s focus is on improving the criminal justice system response to family violence. A 2009 review commissioned from the Australian Institute of Criminology (AIC) by the ACT VoCC reported that the FVIP is effective in establishing relationships between agencies and ensuring they work cooperatively; that the breadth of services provided by FVIP agencies contributes to perceived safety and protection of victims of family violence; that the majority of incidents are being attended by police, proceeding to charges and then processed efficiently
A particular area in need of progress Women with disabilities who experience domestic/family violence - the conversation between the disability and violence sectors is only really just beginning. What we know is that women with disabilities experience very high levels of domestic and family violence, and also sexual assault. We need to work collaboratively to ensure that this vulnerable group receive the appropriate response, get access to information, services and justice.
by the court, contributing to victim safety and offender accountability; and that throughout its 10 year operation FVIP agencies have implemented a range of practices to
VICTORIA
improve the criminal justice response to family violence.
BY CATHY HUMPHREYS AND KRISTIN DIEMER, UNIVERSITY OF MELBOURNE
The Children and Young People Act 2008 made provisions for the care and protection of children and young people suffering abuse and/or neglect and imposed standards for the secure care and/or management of young offenders. Under s342 of this Act, abuse of a child has been explicitly expanded to include exposure to domestic violence. In 2009 DVCS and ACT Policing introduced the Family
10
Four key developments
Violence Incident Review (FVIR). The FVIR consists of
The backbone to the Victorian FV reform lies in key
weekly meetings between ACT Policing’s Intervention
legislative reforms which include: strengthening and
Team Sergeant and the DVCS Client Service Coordinator,
broadening Intervention Orders (IO); providing police with
where all family violence incidents attended by ACT
‘holding powers’ which allow them to detain the perpetrator
Policing for the previous seven days are reviewed. Quality
to increase victim safety; and Family Violence Safety
assurance, promotion of early identification, intervention
Notices which give police the power to provide safety to
and prevention in situations and building an intelligence
victims for 72 hours or until the next court session.
picture, where possible of family violence trends in the ACT
The Police Code of Practice on the Investigation of Family
are some of the aims.
Violence (2004, revised 2010) provides clear guidance
In 2009, the Domestic Violence and Protection Orders Act
for police and supports cultural change in policing family
2008 came into effect. Under these new provisions, the
violence in Victoria. Leadership by police commissioners
definition of a relevant person was expanded to include
has been outstanding across the life of the reform process.
those in intimate relationships between two people other
Cross-sectorial training on a Common Risk Assessment
than a domestic relationship even if they were not or had not been members of the same household. Boyfriend/ girlfriend and non-cohabitating same-sex partners who engaged in family violence are therefore provided with the same level of response from the police and the courts as other intimate partners.
Framework (CRAF) has been foundational for multi-agency working and a clear basis for the Regional FV Committees which have been established across the state. These committees each have a Regional Integration Co-ordinator (RIC) to facilitate the development of local responses to family violence.
The most important reform that needs to happen
Service intervention has been funded for both specialist
It is crucial that the ACT remain committed to keeping
programs tied to specialist FV courts; other programs
domestic and family violence ‘on the agenda’. It is hoped
provide places for both ‘voluntary’ and men who attend
that this can be achieved through the ACT’s Prevention of
because of conditions on their Intervention Order.
Violence Against Women and Children Strategy 2011-2017. The FVIP focuses on the interaction of victims of violence with justice systems and services, and provide responses after violence has occurred. The ACT Strategy, however, encompasses a broader response to violence against women and children, including a focus on prevention and early intervention and provision of support to those who do
newsletter .54
Victoria has engaged in a major family violence reform initiative over the past decade.
not engage with the criminal justice system.
women’s services and Men’s Behaviour Change (MBC) programs. Two MBC programs operate as mandated
More information about the Victoria’s Action Plan to Address Violence Against Women and Children 2012-2015 is available here: http://www.dhs.vic.gov.au/__data/ assets/pdf_file/0009/736056/preventing_violence_ against_women_and_children_action_plan_102012.pdf
The most important future reform Strengthening the accountability measures for men who use violence is a key area for future reform to build on steps that have already been taken. A range of measures could be included:
system known as Safe at Home and more recently the introduction of family violence workplace arrangements for Tasmanian State Sector employees that enable them to access their leave entitlements in order to manage their recovery from family violence. The Family Violence Act 2004 recognises family violence
Providing women with informed legal representation at
Building a stronger link between enforcement of
response to family violence delivered in partnership
Intervention orders and family law matters;
by the Departments of Justice, Police and Emergency
Strengthening the support around women and
Management and Health and Human Services. A range
magistrates and family law courts;
children and ensuring breaches of IO have serious consequences so that Safe at Home becomes a reality
as a crime and children exposed to family violence as victims in their own right. Safe at Home is a criminal justice
of services are funded under Safe at Home to provide an integrated range of assistance to adult and child victims
for more women and their children
and family violence perpetrators.
Ensuring that Women’s Support Programs (often
Most important reform that needs to happen
referred to as Partner Contact) are recognised as an essential part of a men’s behaviour change program which strengthens accountability as well as support.
Long-term evaluation and monitoring of MBC programs
Developing the technology, practice and reporting
including program accreditation standards which tracks the court process of men who are charged at a family violence incident. We can’t change what we don’t measure!
Increased intervention programs and services for family violence perpetrators, particularly those being managed within the civil justice system, and children living with ongoing exposure to family violence.
A particular area in need of progress Primary and secondary prevention activities to support Safe at Home, which is a tertiary response system. Whilst a
An area in need of attention
primary prevention strategy has been developed to reduce
An area which requires much greater attention lies in
unsuccessful in last year’s budget bids.
violence against women and children in Tasmania it was
resourcing the service pathway for children living with family violence. Post -crisis intervention in the area of group work, strengthening the mother-child relationship and/or individual counselling needs to move beyond creative pilots and demonstration projects to programs which attract continuous funding. The current response to children funnels too many referrals to child protection.
SOUTH AUSTRLIA BY MEGAN HUGHES, SOUTHERN DOMESTIC VIOLENCE SERVICE
Many of these cases don’t meet the threshold for further
Key developments and reforms
statutory intervention, however mechanisms should be
Structural development within the sector has seen a
strengthened to ensure community based support and
significant move over the last decade to move from a
intervention is provided.
congregate model of service (one where women and
As with any reform process, sustaining resources and
children share facilities in a house together) to a cluster
the continuity of the reform process through changes in government is an on-going challenge, but one where drawing on the enthusiasm and commitment of people in government and non-government has been crucial.
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model (individual properties clustered around the head office) across the state. South Australian DV services lobbied and worked with Government to ensure that women and their children are given adequate space and resources to reconsider their futures without the pressures associated with adapting to living with strangers for
TASMANIA
significant amounts of time. This change has meant more
BY ROBYN YAXLEY, DEPARTMENT OF JUSTICE
environment and their individual needs can be addressed.
Most important developments or reforms in the past decade
accreditation processes. Since 2010, all domestic and
The three most significant reforms to have taken place in
to homeless people, which has included domestic
Tasmania in the area of family violence in the past decade
and family violence services. This has led to greater
are the introduction of the Family Violence Act 2004 and
accountability of services to the people that they serve
The professionalization of the sector through formal family violence services have to go through a quality assurance process to receive funding to provide services
www.adfvc.unsw.edu.au
accompanying integrated whole of government service
women and their families can stay within a supportive
and provides for a high standard of support which is being offered throughout the sector, with greater consistency.
WESTERN AUSTRALIA
There has been an increase in recognition of the impact
BY ANGELA HARTWIG, WOMEN’S COUNCIL FOR DOMESTIC AND FAMILY VIOLENCE SERVICES
of DFV on children and their development. It is possible to map the changes that have occurred to the support of children in our services over the last decade. Only in the statistics to our funders, and only recently has our work
Most important developments or reforms in the past decade
with children been recognised as central to the work that
As the non-government peak body for Domestic and
last few years have children been counted in our official
DFV services do. All services in SA now provide case management support to every child that comes into our services and it is part of our service agreements with KPI’s attached. Good practice in working with children is showcased and resourced. Whole of Government responses to Domestic and Family Violence: SA has witnessed a significant shift in the last 4 -5 years of the State response to women and children experiencing violence. All of these significant and important changes have occurred due to lobbying by the sector and the ability of the DV sector to work with Government in partnership to bring these developments about. Changes in legislation and State responses to the safety of
Family Violence (DFV) services in Western Australia, the Women’s Council established in 1977, has been a catalyst, advocating for change in the way victims, primarily women and children are responded to, as a result of having to flee their homes to escape a violent partner. In Western Australia, the ‘Break the Silence’ report (1986) squarely placed DFV on the State Government’s policy agenda. The report called for swift and immediate action in the area of legal reform and greater levels of support to women and children and victims of DFV.Whilst the provision of essential services such as Women’s Refuges and DFV Outreach Services has been vital, the need to bring about reform at a systemic level has been the greatest challenge.
women and children have increased the powers of police to remove violence men from the home and provided mandated responses for men who have an intervention order. This also includes support for their partners or expartners to ensure their safety throughout this process.
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The Family Safety Framework established across all regions requires Government and non-Government agencies to respond immediately when women are at imminent risk of death or serious injury due to domestic and family violence. A senior policy position in the Coroner’s Office was appointed, with the role of reviewing DFV-related deaths and making recommendations for changes to prevent further deaths.
Major challenges going forward The major challenge we currently face as a sector is ensuring that there is adequate funding of services into the future to continue to improve and enhance the response to women and children and to build upon the advances that have been made in the last decade. Within this, we also need to value, in tangible ways, the skills and knowledge that the DFV sector has brought to the improvements and innovation which we have seen in the State. The innovation in this sector, in the main, has come from the advocacy and lobbying of the sector itself and would not have happened without it. This knowledge and skill base will be compromised if the smaller specialised services are incorporated to the big Not-for Profits and we lose the
newsletter .54
leadership that has been relied upon in the women-led services.
Friday 22 November, 2013. Annual Silent March through Perth CBD. Credit: “The Scene Team”
Victim Support Refuge Services provide the basic safety net for women and the commitment by government to provide additional funding for DFV Outreach Services, Children’s Counselling Services and Safe at Home initiatives have provided
a greater range of options to assist victims, as well as providing longer term support to women and children who may be at imminent risk of becoming homeless as a result of DFV .
Perpetrator Response The ‘Breathing Space’ model was also developed and implemented in WA in 2003 and offers men who are perpetrators of DFV to bring about positive changes in their lives. They offer a three month accommodation and support service with both individual and group programs in a therapeutic setting. Partner contact with the victim is a condition of participation as it is viewed as an integral part of ensuring partner safety is not being compromised and provides a means for evaluating the efficacy of the program.
A More Coordinated and Integrated Response There is now a more coordinated and integrated response to victims of domestic and family violence, in particular, with the formation of Domestic Violence Regional Committees in the mid 1990’s; the Police Family Violence Protection Unit and the establishment of the Senior Officer’s Group responsible for overseeing the across government response to domestic and family violence. Policies, MOUs and Local Protocols have also assisted in
Annual Silent March through Perth CBD. There had been 21 deaths in WA since the last march. Credit: “The Scene Team”
strengthening agency responses with high risk cases of
The most important reform that needs to happen
DFV. Violence Restraining Order (VRO) legislation was
Sadly, many victims continue to lose their lives and it is
recent times with information sharing with victim consent,
reformed in 2004, providing police with powers to enforce Police Orders for up to 72 hours without consent from the victim; expansion of the definition of DFV to include psychological and emotional abuse; and harsher penalties for breaches of VROs.
A Greater Level of Community Education and Awareness Mass media campaigns such as the ‘Freedom From Fear’ (FFF) provided a greater level of awareness about the impact of DFV on women and children. FFF had a strong focus on men voluntarily seeking help for their violent behaviour, with TV, radio and newspapers used to promote it. The Annual Silent Domestic Violence Memorial March
vital that we examine the types of social responses victims receive from the authorities such as Police, Child Protection and the Courts. Andrea Pickett’s (12 January 2009) and Saori Jones’ (22 December 2010) violent deaths at the hands of their ex-partners continue to stand as a stark reminder that much more can be done. Such was the community outrage at their deaths that a national television current affairs program came to Perth to report on system failures. The report, ‘A Matter of Life and Death,’ became a finalist in the Human Rights Media Awards 2012 and won an Eliminating Violence Award (EVA) in 2013. See the following link to view the program: http://www.abc.net.au/ 4corners/stories/2012/07/26/3554420.htm
held its 23rd rally and silent march this year and is an
A particular area in need of progress
integral part of the WA calendar of events aimed at paying
The current Review of the Domestic Violence Laws 2013-
respect and honour to all those who have lost their lives as a result of domestic homicide each year.
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14 provides the opportunity to revisit policy and practice response around safety for victims and a greater level of monitoring and accountability of perpetrators to be put in
to raise awareness, increase skills and knowledge has
place. It allows for innovative models operating in other
been implemented with a number of WA High Schools,
jurisdictions to be trialled and for the DFV service system
with a primary focus on identifying healthy and unhealthy
to explore more effective ways to reduce the impact of DFV
relationships; building respectful relationships and
for women and children and stronger intervention to restrict
protective behaviours. Students have also been provided
perpetrator’s ability to continue their use of violence.
with the opportunity to become peer educators and take on
The Discussion Paper is available on the Law Reform
a leadership role within the school being available for other
Commission website – http://www.lrc.justice.wa.gov.au/P/
peers for information and support to relevant agencies.
project_104.aspx?uid=8914-2176-0890-7360
www.adfvc.unsw.edu.au
Ongoing community education working with students
profile HEATHER NANCARROW INARA WALDEN, SENIOR RESEARCHER, AUSTRALIAN DOMESTIC AND FAMILY VIOLENCE CLEARINGHOUSE During the 1980s Heather worked in various roles in women’s shelters and then as Co-ordinator of Community Education at the Queensland-wide Domestic Violence Resource Centre, During this time she was a member of a group of activists who successfully lobbied for the establishment of Chisholm Women’s Shelter (1984), the Migrant Women’s Emergency Support Service (1986), the Domestic Violence Resource Centre (1987) and the Queensland Domestic Violence Taskforce (1987). After 10 years of community work, Heather moved to the Women’s Policy Unit, Office of Cabinet where she worked on the development and implementation of the Queensland Government Policy: Stop Violence against Women, launched in August 1992. Heather’s 11 years of work in the Queensland Government included management of the Domestic Violence Policy Unit, with responsibility for policy, administration of the state’s domestic violence legislation, community education, programme development and grants administration.
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Heather Nancarrow has been appointed CEO of the National Centre of Excellence to Reduce Violence against Women and their Children (NCE), based in Sydney and will commence this new role in March 2014. Here we profile her outstanding record of achievement in the area of prevention of violence against women over the past 3 decades.
Over the years, Heather has held many leadership roles at both the state and national level in regard to policy to prevent violence against women. In 2008-2009, Heather was Deputy Chair of the National Council to Reduce Violence against Women and their Children (NCRVWC), which produced Time for Action, the blue-print for the Council of Australian Governments’ National Plan to Reduce Violence against Women and their Children 20102022. She has also chaired the Queensland Government’s
Heather Nancarrow has 30 years’ experience working on the prevention of violence against women, including direct service provision, policy and legislation, and research
violence and represented the Queensland Government on national bodies such as Partnerships against Domestic
and professional development. She was the foundation
Violence (PADV).
director of the Queensland Centre for Domestic and Family
Heather’s work has been recognised by several awards
Violence Research (QCDFVR) and has continued in this
including the Queenslander of the Year Community Spirit
role from 2003 until her move to the NCE.
Award in 2009; Honours in recognition of outstanding
During Heather’s time with the QCDFVR she was
leadership of the NCRVWC and advancing strategic
responsible for a number of significant achievements: the establishment of the Indigenous Family Violence Prevention
newsletter .54
ministerial advisory council on domestic and family
implementation of the National Plan, awarded by Victim Support Australia in 2012, and in 2010 she was named a
Forum, held annually since May 2004, convened in
Rotary International Paul Harris Fellow.
partnership with an Aboriginal and Torres Strait Islander
Heather has a Master of Arts in Criminology and Criminal
Reference Group; a partnership with community-based
Justice with First Class Honours and is nearing completion
service providers for the regular collection of non-
of a PhD in Criminology and Criminal Justice. Her primary
identifying client data to support programme development;
research interests are justice responses to violence against
and a range of strategies to link research, policy and
women, particularly as they relate to Aboriginal and Torres
practice.
Strait Islander people.
librarian’s picks Over the life of the Clearinghouse, research in the field of domestic and family violence has grown enormously. To keep up with this expansion, the ADFVC created new subject headings for its Research & Resources database and endeavoured to keep up to date with research output in these
ECONOMIC ABUSE Economic abuse: searching for solutions, Tanya Corrie & Magdalena McGuire, 2013. Good Shepherd Youth & Family Service and Kildonan UnitingCare, North Collingwood, VIC.
evolving areas. Below is our librarian Cristina Scott’s reading
GENDER SYMMETRY
list containing just one resource for each important topic
The gender debate in domestic violence: the role of data,
area which we would recommend to service providers new to
Rochelle Braaf & Isobelle Barrett Meyering, 2013. Australian
the field as well as to anyone wishing to obtain an overview
Domestic & Family Violence Clearinghouse issues paper,
of unfamiliar territory. Each resource contains an extensive
No. 25.
reference list to provide more in-depth reading for those who want to delve deeper.
HEALTH/MENTAL HEALTH Promoting women’s mental health: the challenges of intimate/
ADOLESCENT VIOLENCE TOWARDS PARENTS Adolescent violence in the home: the missing link in family violence prevention and response, Jo Howard, 2011. Australian Domestic and Family Violence Clearinghouse stakeholder paper No.11
domestic violence against women, Angela Taft, 2003. Australian Domestic & Family Violence Clearinghouse issues paper, No. 8.
HOUSING Home and safe? Policy and practice innovations to prevent
ALCOHOL Elephant in the room : responding to alcohol misuse and domestic violence, Rochelle Braaf, 2012. Australian Domestic & Family Violence Clearinghouse issues paper No. 24.
ANIMAL ABUSE ‘The relationship between domestic violence and animal abuse: an Australian study’, Anne M. Volant, Judy A. Johnson, Eleonora Gullone, and Grahame J. Coleman, 2008. Journal of interpersonal violence, Vol. 23, No. 9, pp. 1277-1295.
women and children who have experienced domestic and family violence from becoming homeless, Angela Spinney, 2012. Australian Housing and Urban Research Institute.
IMPACT ON CHILDREN & YOUNG PEOPLE Children, young people and domestic violence, Lesley Laing, 2000. Australian Domestic & Family Violence Clearinghouse issues paper, No. 2.
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INDIGENOUS ISSUES ‘Restorative justice for domestic and family violence: hopes
CHILD PROTECTION Domestic violence and child protection: challenging directions for practice, Cathy Humphreys, 2007. Australian Domestic & Family Violence Clearinghouse issues paper, No. 13.
CALD Improving responses to refugees with backgrounds of
and fears of indigenous and non-indigenous Australian women’, Heather Nancarrow, 2010. In Restorative justice and violence against.
LGBTI Domestic violence in gay and lesbian relationships, Carrie Chan, 2005. Australian Domestic and Family Violence Clearinghouse topic paper.
multiple trauma : pointers for practitioners in domestic and family violence, sexual assault and settlement services, Lana Zannettino, Eileen Pittaway, Rebecca Eckert, Linda Bartolomei, Beata Ostapiej-Piatkowski, Annabelle Allimant and Jill Parris, 2013. Australian Domestic and Family Violence Clearinghouse practice monograph No.1.
DISABILITY 2003. Violence Against Women with Disabilities Project
Preventing the abuse of older people by their family members, Dale Bagshaw, Sarah Wendt and Lana Zannettino, 2009. Australian Domestic and Family Violence Clearinghouse.
POLICY Domestic violence: Australian public policy, Suellen Murray & Anastasia Powell, 2011. Australian Scholarly Publishing, North Melbourne.
www.adfvc.unsw.edu.au
Triple disadvantage: out of sight, out of mind, Chris Jennings,
OLDER PEOPLE
latest clearinghouse publications
See all Clearinghouse publications at: www.adfvc.unsw.edu.au/publications.html
Other resources Topic Paper
Wilcox K, Healey L and Humphries C 2013, Governance and Interagency Responses: Improving Practice for Regional Governance - A Continuum Matrix, Topic Paper 21 http://www.adfvc.unsw.edu.au/topic_papers.htm
National Forum Report
Wilcox K 2014, Working for change: innovations and interventions for men who are violent towards women, Forum Report http://www.adfvc.unsw.edu.au/research_reports.htm
Issues Paper
Braaf R and Barrett Meyering I 2013, The gender debate in domestic violence: the role of data, Issues Paper 25 http://www.adfvc.unsw.edu.au/issues_Papers.htm
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newsletter
Australian Domestic & Family Violence Clearinghouse The University of New South Wales, NSW Australia 2052 T +61 2 9385 2990 FREECALL 1800 753 382 F +61 2 9385 2993 E clearinghouse@unsw.edu.au www.adfvc.unsw.edu.au