Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697630676847.pdf (Australia)
Submission to the Inquiry into Domestic Violence and Gender Inequality Senate Standing Committees on Finance and Public Administration April 2016 1 Domestic violence and gender inequalitySubmission 50 Table of Contents Introduction ............................................................................................................................... 2 Scope of Submission and Use of Terminology ....................................................................................... 3 Rates of LGBTIQ Domestic Violence ....................................................................................................... 3 Gender Stereotypes and Misconceptions ................................................................................ 4 Conceptualising Gender .......................................................................................................................... 4 Impacts of Stereotypes on LGBTIQ Domestic Violence ........................................................................ 5 Messaging to Children and Young People in Education ....................................................................... 6 Safe Schools Programme .................................................................................................................... 6 Government Responses in Addressing the Underlying Causes ............................................... 7 Underlying Barriers to Reporting of Domestic Violence for LGBTIQ Communities ............................ 7 Underlying Barriers in Accessing Support .............................................................................................. 8 Recognising Differing Types of Abuse and at-Risk Groups ................................................................... 9 A Plan to Address the Underlying Causes of Domestic Violence in an LGBTIQ Context .................. 10 Recommendations .................................................................................................................. 10 Introduction The NSW Gay and Lesbian Rights Lobby (“NSWGLRL”) welcomes the opportunity to make a submission to the Senate Standing Committees on Finance and Public Administration (“the Committee”) inquiry into Domestic Violence and Gender Inequality (“the Inquiry”).
Established in 1988, the GLRL is the peak organisation for lesbian and gay rights in NSW.

Our mission is to achieve legal equality and social justice for lesbians, gay men and their families.

The NSWGLRL has a strong history in legislative reform.

In NSW, we led the process for the recognition of same-sex de facto relationships, which resulted in the passage of the Property (Relationships) Legislation Amendment Act 1999 (NSW) and subsequent amendments.
The GLRL contributed significantly to reforms introducing an equal age of consent in NSW for gay men in 2003 and the equal recognition of same-sex partners in federal law in 2008.

The rights and recognition of children raised by lesbians and gay men have also been a strong focus in our work for over ten years.

In 2002, we launched Meet the Parents, a review of social research on same-sex families.
From 2001 to 2003, we conducted a comprehensive consultation with lesbian and gay parents that led to the reform recommendations outlined in our 2003 report and Then ...The Brides Changed Nappies.

The major recommendations from our report were endorsed by the NSW Law Reform Commission’s report, Relationships (No.

113), and were enacted into law under the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (NSW).
In 2010, we successfully lobbied for amendments to remove discrimination against same-sex couples in the Adoption Act 2000 (NSW), and in 2013 we were instrumental in lobbying to secure the passage of antidiscrimination protections for LGBTI Australians, through amendments to the Sex Discrimination Act (1984).

We also campaigned successfully for the removal of the “homosexual advance” defence from the Crimes Act 1900 (NSW) and the extinguishment of historical homosexual sex convictions, both in 2014.
2 Domestic violence and gender inequalitySubmission 50 Scope of Submission and Use of Terminology This submission will focus on the issues of gender inequality and domestic violence within the context of LGBTIQ communities, addressing the terms of reference relating to those points.1 When using the general term “domestic violence” we speak inclusively of both violence occurring within intimate partnerships (generally termed “domestic violence”) and violence that occurs within close non-intimate relationships such as the family unit (generally termed “family violence”).
Whilst GLRL does not have a mandate to speak on behalf of all members of the LGBTI communities, we believe it is critical to draw attention to the impact of domestic violence on diverse relationships broadly and have not, therefore, limited our submission to gay and lesbian relationships.

In taking this approach, NSWGLRL does not in any way suggest that the issues that LGBTIQ people face are the same, nor that a ‘one size fits all’ solution is appropriate.
Whilst NSWGLRL is a NSW based organisation, we note that the issues experienced in a state-based context are generally experienced across Australia.

We further note the similar experiences of our interstate colleagues, such as the Victorian Gay and Lesbian Rights Lobby, Organisation Intersex International (OII) Australia and Gay and Lesbian Health Victoria as detailed in prior submissions and published resources.
We would urge the Committee to specifically canvas the views of state, territory and nation wide LGBTIQ advocacy services and seek a wide array of views throughout the Australian LGBTIQ communities, especially those trans and intersex focussed organisations with respect to issues surrounding gender misconceptions.
Rates of LGBTIQ Domestic Violence It is estimated that LGBTIQ people are just as likely as women in non-LGBTIQ relationships to experience domestic violence, namely 1 person in 3, though research does suggest that there is significant underreporting of this violence.2 A report on LGBTIQ domestic violence by the Australian Institute of Family Studies noted:  26% of respondents in one survey and 33% of respondents in another reported experienced sexual abuse within their intimate relationship; 1 Most points contained within the submission relate to: Term of Reference b) the role of gender stereotypes in contributing to cultural conditions which support domestic violence, including, but not limited to, messages conveyed to children and young people in iii.
Education.

Term of Reference c) the role of government initiatives at every level in addressing the underlying causes of domestic violence, including the commitments under, or related to, the National Plan to Reduce Violence against Women and their Children and background to domestic violence in LGBTIQ relationships as a related matter.
2 Marian Pitts, Anthony Smith, Anne Mitchell, Sunil Patel, Private Lives Report (2006) <http://www.glhv.org.au/report/private-lives-report> 3 Domestic violence and gender inequalitySubmission 50  there is difference in the way lesbian women and gay men experience violence, and it has been suggested lesbian women experience violence within relationships more than gay men;  gay men experience sexual violence or coercive behaviour within casual and sexual encounters.3 The research on the experience of domestic violence of transgendered and intersex persons in an Australian context is minimal, but does to suggest that they are more likely to be victims of violence in their intimate relationships.4 Overseas research has found that 80% of transgendered respondents experienced domestic violence in their past or current relationships.5 Non-intimate partner violence is also reported as an issue, especially among young people.
Research in 2010 found 24% of young people experienced DFV within a familial context, noting, the abuse varied and was often perpetrated by fathers.6 This type of family violence is a key issue for young people, especially in situations where they are reliant on their primary family support.
Gender Stereotypes and Misconceptions A fundamental consideration for the Committee should be the notion of gender, taking a broad interpretation of the term and ensuring it moves away from the binary concept of “male” and “female”, which fails to capture the full spectrum of sex and gender identity.7 The concept of gender as a binary construct has led to a raft of societal stereotypes and discriminative gender norms to develop.
These misconceptions, stereotypes and norms have a disproportionate impact on members of the intersex and trans communities whose lived experience is often one of discrimination and harassment arising out of these misconceptions.
Further, for members of sexually diverse communities, such as the gay, lesbian and bisexual communities, misconceptions around gender roles can often lead to a lack of protection from, and recognition of act of domestic violence especially when coming into contact with law enforcement.
Conceptualising Gender We note the steps taken by the Australian Government in introducing Guidelines on the Recognition of Sex and Gender, which recognise: 3 Bianca Fileborn, Sexual violence in gay, lesbian, bisexual, trans, intersex and queer communities, (March 2012) < https://www3.aifs.gov.au/acssa/pubs/sheets/rs3> 4 ACON, Health Outcome Strategy 2015-2018: Domestic and Family Violence (September 2015) <http://issuu.com/aconhealth/docs/acon_hos_-_dfv_2015_web_res> 5 See research by LGBT Youth in Scotland, referenced in: ACON, ibid.
6 See research by Hillier et al, referenced in: ACON, ibid.

7 The Gender Centre, Exploring Gender?

(March 2014) < http://www.gendercentre.org.au/resources/fact- sheets/exploring-gender.htm> 4 Domestic violence and gender inequalitySubmission 50 Gender is part of a person’s personal and social identity.

It refers to the way a person feels, presents and is recognised within the community.
A person’s gender may be reflected in outward social markers, including their name, outward appearance, mannerisms and dress.

A person’s sex and gender may not necessarily be the same.
Some people may identify as a different gender to their birth sex and some people may identify as neither exclusively male nor female.8 We refer the Committee to the work of OII Australia and the Gender Centre who have developed a range of resources in relation to intersex persons and gender definitions, including:  Make your Service Intersex Friendly9: a guide authored by OII Australia for employers and service providers to ensure gender constructs are understood and intersex clients are welcomed;  The ‘What is Gender?’ factsheet10 produced by the Gender Centre.
Impacts of Stereotypes on LGBTIQ Domestic Violence In the context of LGBTIQ people in relationships experiencing domestic violence, and the ability of the law and legal system to respond, the traditional ‘victim’/ ‘perpetrator’ distinction and the use of gendered language are particularly problematic and fail to account for the complexities arising in same-sex relationships.
Misconceptions about the perpetrators of same-sex domestic violence are particularly problematic in the context of same-sex domestic violence.

Misconceptions exist which suggest that those who perpetrate domestic violence must be men, or ‘butches’ and those who are victims of domestic violence must be women or ‘femmes’, essentially emulating assumptions about domestic violence in heterosexual relationships.
Specific misconceptions exist in relation to gay men, characterised as being incapable of being victims or violence being viewed as confined to physical assault without recognising that assault as intimate violence.

These misconceptions contribute to the hesitancy of LGBTIQ people disclosing domestic violence and masks the reality of the situation, evidenced through the statistical data as discussed above.
Failing to accurately identify the primary aggressor and primary victim, may result in victims being inappropriately charged with crimes or having protection orders, such as apprehended domestic violence orders, made against them.

In such circumstances, Police and, ultimately, the Courts may in fact perpetuate the impacts of domestic violence.
Due to misconceptions about the nature of LGBTIQ relationships, and using gender stereotypes that are not applicable, Police may make assumptions as to which partner is the perpetrator, especially in situations a financial or psychological abuse has been occurring.
8 Australian Government, Australian Government Guidelines on the Recognition of Sex and Gender (2013) <https://www.ag.gov.au/Publications/Pages/AustralianGovernmentGuidelinesontheRecognitionofSexandGen der.aspx> 9 Available at: <http://oii.org.au/services> 10 Available at: <http://www.gendercentre.org.au/resources/fact-sheets/exploring-gender.htm> 5 Domestic violence and gender inequalitySubmission 50 Messaging to Children and Young People in Education We note the Committee’s interest in examining the impact of gender stereotypes in contributing to cultural conditions which support domestic violence.
Whilst GLRL does not seek to address this topic in a substantial way, we do want to note the importance of education as a preventative measure in tackling the misconceptions in relation to gender.

While these misconceptions and stereotypes go unchallenged, barriers will continue to exist for LGBTIQ people in accessing support.
Further, young LGBTIQ people are a vulnerable group and are at greater risk of experiencing physical and verbal abuse at home, with over 24% of LGBTIQ youth surveyed in one piece of research experiencing such violence.11 Such statistics highlight the additional need for clear and inclusive educational strategies for young people.
Safe Schools Programme Programmes, such as the Safe Schools initiative12 are an example of a way in which education can be used as a way of addressing the fundamental misconceptions around gender identity and sexuality.

The programme provided a safe space for children and young people to not only explore their concepts of gender and sexuality but also to be provided with an inclusive model for assisting peers.
In response to the programme being taught at their school, one student noted: "Because of Safe Schools, my teacher, my fellow students and I had an idea to create a group that would represent, educate and provide a safe place for LGBTI students and allies.

Last year we ended up having 14 members and helped over 15 students.

This year, we have over 30 members and have helped over 50-70 people.
It has had an amazing influence, and I have personally coached many students like myself through bullying issues, moving to acceptance.

We have reduced bullying and raised awareness around the school.

Wear it Purple Day, in our 2nd year, is one of our schools’ biggest events.13 The impact of the programme on improving on a student’s home life was commented on by a parent who stated: "Thank you for the wonderful work you do.
My daughter loved having you come to our school & talk about what they could do to support their friend transition.

It really helped us have open communication at home being able to talk with not just her but her siblings about "what it is to be a good friend".

11 Lynne Hillier et al, Writing Themselves in 3: The third national study on the sexual health and wellbeing of same sex attracted and gender questioning young people (Australian Research Centre in Sex, Health and Society, 2010).
12 The NSW Gay and Lesbian Rights Lobby was a part of the rollout of Safe Schools in NSW and received a portion of the funding amount to assist.

13 Safe Schools Coalition Australia, Testimonials.


(2014) < http://www.safeschoolscoalition.org.au/our- supporters/testimonials> 6 Domestic violence and gender inequalitySubmission 50 Educating children and young people about the fluid nature of gender would create an environment of inclusivity as these children and young people move into adulthood, thereby supporting a change in cultural conditions.
Such a change would assist in reversing the problematic gender norms which impact on LGBTIQ experiences of domestic violence in a range of contexts.

We would urge the Committee to note the importance of programmes such as Safe Schools as a preventative domestic violence tool and make recommendations that such programmes be continued to be funded across Australia.
Government Responses in Addressing the Underlying Causes NSWGLRL notes the productive work being done at a local, state and federal government level on addressing a range of issues that impact on the complex issue of domestic violence in Australia, noting:  The Senate Inquiry into Domestic Violence in Australia and its subsequent report (2015);  The Australian Government and its National Action Plan to Reduce Violence against Women and their Children 2010-2022 (“the National Plan”) (2011)  The NSW Government and the It Stops Here strategy and the Domestic Violence Strategy (2015) Whilst many of these strategies go some of the way in addressing the underlying causes of gender inequality and domestic violence, there are a range of factors that are not currently being adequately addressed within the LGBTIQ context.
Underlying Barriers to Reporting of Domestic Violence for LGBTIQ Communities A number of underlying barriers are faced by LGBTIQ people in reporting domestic violence.
Reporting by LGBTIQ people is three times lower than the national average, as at 2012,14 and one piece of research found that 85% of those participants who had experienced domestic violence did not report the matter to the Police.15 Previous research has articulated the barriers to under-reporting, including:  shame and stigma and fear of being ‘outed’ in making a report;  discrimination previously experienced from previous interactions with law   enforcement; the heteronormative view of domestic and family violence can suggest that abuse in a lesbian relationship must be consensual because it occurred between two women; the impact from LGBTIQ communities not wishing to acknowledge an issue that may detract from a more positive view given historical discrimination; 14 ACON, ibid.
15 ACON, ibid.

7 Domestic violence and gender inequalitySubmission 50 lack of understanding as to what constitutes domestic violence;16   a general reluctance to take legal action.17 In addition, for many individuals in LGBTIQ communities the actual or perceived lack of confidentiality can be a barrier for those experiencing domestic violence in accessing assistance.18 This is often the case in small cities or towns, where the communities may be small and close-knit.
The specific barriers that can stop reporting in small communities can include feeling shame or embarrassment, their partner being friends with others in the community or the possibility that the abusive partner may take steps to isolate them from the other members of the LGBTIQ community.

Underlying Barriers in Accessing Support There are a range of underlying issues facing LGBTIQ people when attempting to access support from service providers.
Key issues include: • barriers to access arising from fears of homophobia and confidentiality; • lack of referral options for female perpetrators and male victims within mainstream services; lack of service provider awareness, or service provider policies and procedures, in order to identify and respond to same-sex domestic violence; lack of general police training in relation to responding to same-sex domestic violence.
Such training and responsibility should not be limited to gay and lesbian liaison officers; • • • no emergency housing accommodation for gay men, which is of particular issue in rural and regional locations; • difficulty accessing domestic violence refuges by lesbians and the need for appropriate screening to ensure a perpetrator is unable to access the refuge; • difficulty in accessing appropriate services exacerbated in rural and remote areas across Australia.
In 2011 ACON released the ‘One Size Does Not Fit All’ report which assessed the current services available to LGBTIQ victims of domestic violence, noting some of the gaps in service provision, some of the key findings were:19  Just under half of the services collected data on the umber of gay and lesbian clients, and even less collected data on transgender clients and intersex clients;  18% of the respondents rated themselves as “fully competent” to work with gay or lesbian people, five services (7.69%) rated themselves as “fully competent” to work 16 LGBTQI Domestic Violence Interagency, Another Closet: LGBTIQ Domestic and Family Violence (24 October 2014) <http://www.anothercloset.com.au>.
17 ACON, ibid.

18 LGBTQI Domestic Violence Interagency, ibid.
19 ACON, Gap analysis of NSW domestic violence support services in relation to gay, lesbian, bisexual, transgender and intersex communities’ needs: Executive Summary and Recommendations (2011) <https://static1.squarespace.com/static/54d05b39e4b018314b86ca61/t/55ac6babe4b075430cc38db9/14373 63115609/Gap_Analysis.pdf> 8 Domestic violence and gender inequalitySubmission 50 with transgender clients, and three services (5%) rated themselves “fully competent” to work with intersex clients.
 An overwhelming majority of services specified that resources would be needed to provide specific support, with many indicating that time and money were most needed.

Many services appeared to lack an understanding of the difference between gender, sex and sexual orientation, specifically in relation to intersex and transgender clients.
Services also identified the need to train mainstream services to be culturally sensitive to LGBTIQ communities and the needs of people in those communities suffering domestic violence.

Whist emphasising the issues outlined above, the GLRL recognises and commends the important work already done by community organisations in this space.

Nonetheless, more needs to be done in working with mainstream service providers to assist them in providing support to LGBTIQ clients.
Recognising Differing Types of Abuse and at-Risk Groups Domestic violence in LGBTIQ relationships can take the form of emotional, physical, psychological and financial abuse as in non-LGBTIQ relationships; however, there are some acts of violence specific to the LGBTIQ context, including:  using sexual orientation against them, threatening to ‘out’ them to family, friends or at work, thus often isolating a person from their support networks  controlling access to medical treatment (for example, putting barriers in place for a transgendered person from accessing surgery or a pressure to access such surgery)  stopping a person from attending LGBTIQ events or see others in the community  pressuring a partner to act or appear more ‘male’, ‘female’ or vice versa or conform to stereotypes of a particular gender20 As stated above, domestic violence is seen in the context of gender inequality, with a man using violence toward women and children.
Given that in many LGBTI relationships, this same binary way of experiencing gender inequality is not present, power dynamics may be based on a range of other factors, such as physical strength, psychological dominance or HIV status.21 There are a range of people who may, in addition to identifying as LGBTIQ, also belong to other communities who are at-risk of increased rates of domestic violence.
Such people may require additional supports or there may be specific barriers in addition that need to be addressed, such groups include:  Aboriginal and Torres Strait Islander people;  People with a disability; 20 There are a selected number of examples, a longer detailed list can be found at: LGBTQI Domestic Violence Interagency, Another Closet: LGBTIQ Domestic and Family Violence (24 October 2014) <http://www.anothercloset.com.au>.

21 ACON ibid.
21 ACON ibid.

9 Domestic violence and gender inequalitySubmission 50  People living in rural, regional and remote (“RRR”) NSW;   Older Australians.

Individuals and families from culturally and linguistically diverse backgrounds; Of particular concern are those people living in RRR communities.
In addition to a general lack of services in many RRR communities in NSW, those LGBTIQ individuals living in these areas are often living in small communities where there may not be a safe place for them to seek alternative accommodation or support.
A Plan to Address the Underlying Causes of Domestic Violence in an LGBTIQ Context As stated, the Australia Government’s National Plan is a welcomed step in addressing responses, and we note the initiatives under as outlined in the plan to “provide Local Community Action Grants to encourage primary prevention.

Grants will be available to mainstream organisations, but priority will be given to assist…gay and lesbian communities”22.
Whilst these grants have been distributed to a number of key LGBTIQ organisations, the financial amount given, especially when considering the underlying barriers as discussed above, is insufficient.

Further, the fragmented approach to funding through specific one-off grants results in siloing of programmes and organisations and that discussion among interstate organisations who may addressing similar issues may not occur.
Any approach to address these issues should ensure that government commitment be consistent, long term and collaborative with communities.
We endorse the Victorian Gay and Lesbian Lobby’s submission which states: There is some inclusion of LGBTI people in the National Plan, as discussed above, but there are substantial missed opportunities to address LGBTI specific issues and a prioritisation of women as victims of violence by men which does not account for the experience of many women and other survivors of family violence.23 The Action Plans associated with the National Plan do not even mention, let alone address, LGBTI family violence.
The implementation strategies associated with any commitments under the National Plan need to be reviewed to incorporate consultation with LGBTI community representatives and survivors of family violence.
LGBTI people need to be included in any strategies and campaigns developed to address family violence.24 Recommendations In light of the material presented above, NSWGLRL recommends that the Committee: 22 Australian Government, The National Plan to Reduce Violence Against Women and their Children 2010-2022 (2011) < https://www.dss.gov.au/sites/default/files/documents/08_2014/national_plan1.pdf> 23 ACON, Submission No 75 to Senate Finance and Public Administration Committees, Commonwealth Parliament, Inquiry into Domestic Violence in Australia, 31 July 2014, 6.
24 Victorian and Lesbian Rights Lobby, Submission to the Inquiry into Domestic Violence and Gender Inequality (6 April 2016).
10 Domestic violence and gender inequalitySubmission 50 1) Utilises an inclusive and fluid definition of gender so as to encompass all members of the Australian community, including trans and intersex people and make recommendations that government and service provides do the same; 2) Make recommendations that educational programmes, such as Safe Schools be made accessible to children and young people in schools in an attempt to address harmful gender stereotypes; 3) Recognise both the unique situation of LGBTIQ people’s experiences of domestic violence and the need to increase the visibility of these communities in mainstream domestic violence policy responses; and 4) Recommend a considerable increase in funding to LGBTIQ services to provide consistent and stable support to those experiencing domestic violence across Australia.
We thank the Committee for the opportunity to provide this submission for your consideration.

We are available if the Committee would like us to provide further information or evidence at hearings which may be conducted.

If you would like to discuss this submission further, please contact NSWGLRL on policywg@glrl.org.au.

Lauren Foy Co-Convenor Chris Pycroft Co-Convenor 11 Domestic violence and gender inequalitySubmission 50