Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697639771274.pdf (Australia)
Inquiry into family, domestic and sexual violence Submission to the Standing Committee on Social Policy and Legal Affairs Prepared by Samaritans Foundation Jul y 2020 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence Contents Introduction ...................................................................................... 3 Execut ive Summar y ........................................................................... 3 Recommendat ions ............................................................................. 5 Response to Terms of Ref erence ........................................................ 7 Issues covered in Samaritans submission ......................................... 7 Approaches f or Aboriginal and Torres Strait Islander People .............. 9 Language ...................................................................................... 9 Burden of responsibilit y .................................................................. 10 Research ....................................................................................... 12 Perpetrator inter vent ions as part of a system wide response t o vict im saf ety ........................................................................................... 13 Trauma ......................................................................................... 14 Systems and legal pr otection ........................................................... 16 Other related matter s ...................................................................... 18 2 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence Introduction Samarit ans is a registered char it y which has been providing services to our communit y f or 35 years.
In the 2019 f inancial year, Samar itans ser vices worked with thousands of people in ar eas including disabilit y support, homelessness, emer gency relief , child, youth and f amily ser vices, gambling and f inancial counselling and mental health, among others.

Our staff work with vict ims and per petrators of domestic and sexual abuse across many of these ser vices .
This subm ission was prepared in response to the Terms of Ref erence f or the Standing Committee on Social Policy and Legal Af f airs Inquiry into family, domestic and sexual violence .

Executive Summary Samarit ans ’ subm ission pr ovides a ref lection on some of the gaps and issues witnesse d f rom a service pr ovider per spective .
W e have used the phrase domestic and sexual abuse throughout this subm ission to encompass the var ious f orms of violent and coercive behaviour that make up domestic, f amily and sexual violence.

The impact on c hildr en who witness dom estic abuse can be prof ound and last ing .

For this reason, this submission uses only the term victim , to encompass all people who ar e impacted by a perpetrators act ions, including those who are the direct targets and those who witness it.
Samarit ans recognises that most perpetr ators of abuse are men and most vict ims are women so have used this language throu ghout.

W e underst and that a small proportion of men are also t he vict ims of abuse and that abuse also occurs in LGBTI Q+ relationships.
3 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence At a f undamental level, our planning and responses must encompass t wo elements: - Protection and support f or victims, and - Responsibilit y and accountabilit y f or perpetrators.
W hile these element s are consistently ref erenced in our current national and state responses, Samaritans staf f report var ying success in the design, deliver y and outcom es of intervent ions .

This in cludes challenges with the availabilit y, relevance, accessibilit y and success of programs, which var y bet ween regions and targeted cohorts.
4 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence Recommendations Samarit ans makes the f ollowing recommendations f or inclusion in Australia’s response to men’s use of violence and abuse against women and children : 1) Keep perpetrator s in view: a) Use language in publications and communications, including the next National Plan, that does not erase perpet rators and perpetrat or behaviour .
b) Dedicate research resources to the development of a data collect ion tool that measures t he prevalence of men’s use of violent and abusive behaviours.

2) Support Abor iginal and Torres Strait Islander organisations t o develop, implement, and evaluate programs and services that recognise the importance of Cultur e, land, and identit y as part of men's Aboriginal behavio ur change programs.
Ensure those inter ventions ar e recognised as part of the system of inter vent ions f or ref erral and outcome measurement.

3) Adopt consistent national measures to be publicly reported by all jurisdictions .

The National Plan should support each jurisdict ion to collect the required data to ensure that progress can be measured across the countr y.

This should include output and outcome measures .


4) Incorporate the recom mendations of ANROW S 1 in relation to perpetrator inter ventions and the supporting system s , including : a) Improving collaborat ion bet ween human services agencies and men’s behaviour change programs (MBCP) to increase visibilit y of perpetrator behaviour, increase eff ectiveness of victim supports and saf ety and improve the capabilities of human ser vices workers to appropr iately respond and ref er .
Include considerat ion of the best interests of childr en as a key f ocus of perpetrator int er vent ions through improved collaboration with child protection agencies .

1 D a y, A. , V l ais , R. , C h un g , D. , & G re e n, D .

J .

( 20 1 9), Ev a l u at i on r e ad i n es s , pro gr a m q ua l ity an d o utc o mes in me n ’s b eh av io ur c h a ng e pr o gra ms ( R es e arc h rep or t, 0 1 /2 0 19) .
S yd n e y, N SW : ANROW S.; Ch u ng e t a l. , I mpr ov e d ac c ou nt a b il i ty : Th e r o le of p er pe tr at or i n terv e nt i on s y s t e ms (Res e arc h r ep or t, 2 0/ 2 02 0) .
S yd n e y, NSW : ANR OW S. 5 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence b) Adequate ly resource the development and rollout of research and evaluat ion tools , including the adopt ion of a minimum data set (such as the Nat ional Outcome Standards f or Perpetrator Inter ventions ) and data collection instrument .
Evaluat ion tools should include v ictim- centred measures , including recording the impacts and exper iences of children.

c) Develop a nat ional MBCP outcomes f ramework to improve consistency in evaluation f rameworks and evaluat ion activi t y, and to help build an evidence base.

d) Consider and implement alternative s to group based MBCPs and enable multi- agency responses to address other issues f aced by perpetrators such as mental healt h ser vices and alcohol and other drug programs.
5) Include specif ic outcomes and measures in the National Plan to incorporate trauma inf ormed practices into domestic and sexual abuse inter ventions, including increasing the awareness and skills of front -line workers.

6) Implement nat ionally consistent laws, f rameworks and inter ventions that recognise coercive control, patterns of abuse and technology -f acilitat ed abuse as methods of domestic abuse.

7) Provide appropr iate resources to support and improve worker saf ety and eff ectiveness.
6 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence Response to Terms of Reference I s s u e s c o ve r e d i n S a m a r i t a n s s u b m i s s i o n Samarit ans’ subm ission covers the f ollowing issues f rom the terms of ref erence: a.

Immediate and long -term measures to pr event violence against women and their children, and improve gender equalit y. b.
Best pract ice and lessons learnt f rom international experience, ranging f rom prevent ion to early inter vent ion and response, that could be consider ed in an Australian cont ext.

c. The level and impact of coordinat ion, accountabilit y f or, and access to ser vices and policy responses across the Commonwealth, stat e and territ or y governments, local governments, non gover nment and communit y organisat ions, and business.
d. The way that health, housing, access to ser vices including legal ser vices, and women’s econom ic independence impact on the abilit y of women to escape domestic violence.

e. All f orms of violence against women, including, but not lim ited to , coercive control and technolog y -f acilitated abuse.

f .
f .

The adequacy of the qualitat ive and quantitative evidence base around the prevalence of domestic and f amily violence and how to overcome lim itations in the collect ion of nationally con sistent and timely qualitative and quantitat ive dat a including, but not limited to, court, police, hospitalisat ion and housing.

g. The eff icacy of perpetrator inter vention programs and support ser vices f or men to help them change their b ehaviour.
h. The experiences of all women, including Abor iginal and Torres Strait Islander women, rural women, cult urally and linguistically diverse women, LGBTQI women, women with a disabilit y, and women on temporar y visas.

i.

The impact of natural disasters and other signif icant events such as COVID-19, including health requirements such as staying at home, on the prevalence of domestic violence and provision of support ser vices.

☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☐ j.


The views and exper iences of frontline services, advocacy groups ☐ and others throughout this unprecedented time.

7 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence k. An audit of previous parliamentar y reviews f ocused on domest ic and f amily violence.

l. Any other relat ed matters.


☐ ☒ 8 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence This subm ission speaks in general terms about inter vent ions and approaches to reduce men’s use of violent and abusi ve behaviours against women and children.
Samar itans notes that the ref lections and recommendations made here do not account f or the particular experiences of Abor iginal and Torres Strait Islander people.

Samarit ans believes it is vital that as part of the development of the next National Plan, Abor iginal and Torres Str ait Islander organisations be provided with the resources requir ed to develop, implem ent, and evaluate culturally inf ormed intervent ions to addr ess domest ic and sexual abuse within their communit ies.
There must be mechanisms in place to recognise Abor iginal and Torres Strait Islander programs as approved intervent ions to enable ref errals to occur f rom other services, and so outcomes can be accepted as part of overall system success as well as in individual circumstances.

L a n g u a g e Our W atch 2 and Jane Gilmour 3 speak to the need to keep perpetrators in view in relation to media report ing of violence against women.

This issue persists not only in media, however.


It is obser ved across our exist ing National Plan, state- based f rameworks and manuals , and the f ocus of research, data collection and reports.

W e consistent ly speak about the vict ims, the reasons they stay in abusive relat ionships , how many women exper ience these f orms of violence , how we can reduce violence against women and children .

2 O ur W atc h, G ui d e li n e s f or r e por t in g v io l enc e a ga i ns t w o me n .
V ie we d 1 6 J u l y 20 2 0, h tt ps :/ /m edi a .o u r wa tc h .

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au /m ed ia - h om e/re p ort i n g - vi o l enc e - a g a ins t - wom en /g u i de l i nes - f or - rep or t in g - v i ol e nc e - a g a i ns t - wom en / 3 J a n e G i lm our , F ix e d I t .
V i e we d 1 6 J u l y 2 02 0 , ht tps :/ /j a n eg i lm ore .c o m /c ate go r y/f ix e d it / 9 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence W e should continue t o use language that centres victims in publicat ions, planning, statements, and statist ics that are f ocused on vict im saf ety and recover y.

However, this should be strongly balanced with language that keeps the perpetrat or in view.
W e should speak openly about t he behaviour of perpetrator s – why do perpetrators commit acts of domestic and sexual abuse, how many men use abusi ve and controlling behaviours , and what are the underlying causes of their use of abusi ve and controlling behaviours ?

For example, in the NSW Saf ety Act ion Meet ing s (SAMS) Manual the process f or ref erral of a matter to SAMS is described in relation to thr eat.
Rather than assessing the level of threat a perpetrator poses to the people they are abusing, the assessment determines whether the victim is “ at serious threat” 4.
W hile it is of course pref erable in certain circumstances to use language that centres the vict ims , by consistent ly ignoring or minim ising the f ocus on the perpetr ator we miss many oppo rtunities to strengthen our f ocus on men’s use of abusive behaviours , demonstrate commitment to holding men responsible and address unbalanced public dialogue.

B u r d e n o f r e s p o n s i b i l i t y Current systems and methodologies of ten place all responsibilit y f or outcomes with the victim.
Some examples include the responsibilit y to make changes in or to leave a relat ionship, the responsibilit y to provide saf ety f or their children, and the responsibilit y to pr ovide evidence that abuse has occurred.

Responsibilit y needs to be directed to perpetrat ors – the responsibilit y to stop being abusive in a r elat ionship, the responsibilit y to provide a saf e home f or their children , the responsibilit y to acknowledge and address their behaviour.
W hile this is similar t o the issues raised regarding language, separate attention is drawn here because it also requires a shif t in f ocus f or our inter ventions.

W hile crisis inter vent ions and programs to support and protect 4 N SW G ov er nm ent , S a fe ty Ac ti o n Me e t in g Man u a l. V i e we d 2 3 J u l y 20 2 0, ht tp :/ / www.

c r im epr e ve nt i on .


ns w.g o v. a u/ d om es t ic v i ol e nc e /D oc um ents /I t% 20s t op / Saf et y_ A c t i on _ M ee t in g _m an u a l. pdf 10 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence vict ims have continued vital importance, they must f orm part of a system of inter ventions including those that work with perpetrators to take responsibilit y f or their behaviour .
Outcome 6 of the current National Plan f ocuses on perpetrator accountabilit y, with success measured by “ a decrease in repea ted partner vict imisat ion” 5.

However, recidivism is not a reliable measure of success 6.

Outcome 6 identif ies that punitive measures alone will not change behaviours and that perpetrators need support to end their use of viole nce and abuse, yet the strategies ident if ied in the plan f ocus ver y much on accountabilit y measures.
The next Nat ional Plan must include measures around incr easing perpetrator responsibility as well as account abilit y: The first [f orm of perpetrator accountability] is accountab ility t hat is externally imposed, so that men who use violence are held to account .

The main mechanism by which this occurs is through the just ice system... At present, mechanisms for per petrators to be held to account for their act ions are not consistentl y embedded elsew here in wider human services systems.
The second form of perpetrator accountability is one that is internally developed through m en’s behaviour change programs ( MBCPs), with the intention that men who use violence develop a sense of respons ibilit y and commit to being accountable to their partners and children.

This form of accountability involves the cultivation of an internal sense of responsibility for behaviour, rather than the imposition of exter nal sanct ions.
Accountability and r esponsi bility do not always co -occur—indeed, they often do not.

Perpetr ators can be held accountable without necessar ily taking personal responsibility for their behaviour 7.
5 C ou nc i l of A us tr a li a n G o v ernm en ts , N a ti o na l P l an t o R e duc e V i o le nc e ag a ins t W ome n a nd t h e ir Ch i l d ren 20 1 0‐2 0 22 6 S t op p in g F am il y V i o l e nc e I nc , F a m ily an d d o mes t ic v i o le nc e p erp e t rat or pro gr a ms : Is s u es pa p e r o f c urr en t a nd em er g i ng tr e nds , d ev e l o pm e nts a n d ex p ec ta t io ns .
V ie we d 22 J ul y 2 0 2 0, h tt p: //s f v. or g. a u/ wp - c on t en t/ u pl o ads / 20 1 7/ 05 /F D V - p er pe tr at or - pr ogr am s - is s ues - p ap er .

pdf 7 A us tra l i a ’s Na t io n a l R es e arc h O rg a nis a ti o n f or W om en’s S af e t y.

(2 01 9) .
(2 01 9) .

Me n ’s be h av io ur c h a ng e pr o gra ms : Me as ur i ng o u tc om es a n d i mp rov i ng pr ogr a m q ua l i t y : 11 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence The next Nat ional Plan should also ensur e that the systems implemented reduce the overall burden on vict ims and assign appropr iate r esponsibilit y with the perpetrator.
R e s e a r c h As part of keeping the perpetrator in view, we must undertake research to understand the pr evalence of men’s use of abusive behaviour s , including emotional, f inancial, physical , sexual and other f orms of coercive and controlling behaviour s. W e must start to understand how many men use these tact ics in their relat ionships so we can better explore and addr ess the reasons they use abusive tactics and f orm a basel ine f or measuring improvement against .
There is current ly no reliable dat a in this area and most of the research is based on sur vey f indings that measure ‘violent acts’ using an instrument called the ‘ Conf lict Tactics Scale ’.
These sur veys are problem atic because: - they do not account f or the circumstances surrounding an instance of violence (f or example if a woman uses violence in self -def ence), - they don’t consider whether an act of violence was part of a pattern of violence, - - they mostly look at instance s of physical abuse , and it is suspect ed that people who use or are suff ering more severe f orms of abuse ref use to participate in the sur veys 8.
Quantitat ive and qualit ative data must be coordinated at a nat ional level including consistent collect ion of d ata from services, vict ims and perpetrators, and reporting at a nat ional level against measurable targets.
K ey fi n d in gs a n d fu tur e d irec t i ons (R es earc h t o p ol ic y a n d pr ac t ic e , 01 / 20 1 9) S yd n e y, N SW : ANRO W S. 8 M ic ha e l F lo o d, W here M e n S ta n d: M e n ’s r o l es i n e nd i ng v io l e nc e ag a i ns t wom en , W hit e R ib b on Prev e nt i on R es ea rc h Ser i es N o.

2 ( 20 1 0) , v ie we d 1 6 J u l y 2 0 20 , ht tps :/ / www.
wh i t er i bb o n. or g. au / a wc o nt en t/ wh it er i bb o n/ d oc um en ts / W hite - Ri b bo n - A us tr a l ia -W here- m en- s ta n d. pdf 12 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence P e r p e t r a t o r i n t e r ve n t i o n s a s p a r t o f a s ys t e m w i d e r e s p o n s e t o vi c t i m s a f e t y The National Outcome Standar ds f or Perpetrator Inter vent ions (NOSPI) position perpetrator intervent ion pr ograms within a f ramework of programs , the core pr iorit y of this structur e being the saf ety of women and children 9.
This system wide response relies on strong collaborat ion and clear accountabilit ies bet ween diff erent s ervices, inf ormation and knowledge sharing, appropr iate cross -skilling, and st rong ref erral pathways.

Outcomes of MBCPs should not only be measured on reduced instances or use of violent behaviours 10.

Evaluation of success must consist ently include vict im-centred measures such as f eelings of saf ety and personal obser vat ions.
A ll jur isdict ions should be supported to implem ent reliable and consistent data collection instruments that measure program outcomes, not just outputs.

There are 27 potential nat ional indicators ident if ied in the NOSPI.

Many of these may be appropr iat e measure s to use however data on these indicators is not reliably or consistently captured across the countr y 11.
Our staff also ident if ied the need f or improved collaborative pr actices across human ser vices, including ident if ying and strengthening referral path wa ys, appropriate informati on sharing and s trong er join t re sponses.

A s part of this , there needs to be increased availabilit y of inter vention models that work holist ically with all m embers of the f amily, whether they rem ain together in the same home or ar e living apart .
W hile no one program will be suitable f or 9 C om m on wea l th of Au s tra l i a ( De p artm en t of S oc i a l S er v ic es ) , N at i on a l O u tc o m e St a nd ar ds f or P er pe tr at or I nt erv en t io ns ( 2 0 15) 10 R od n e y V l a is , S o ph i e R i dl e y, Dam i an G r ee n a n d Do n na C h un g , F a m ily an d do m es t ic v i o l enc e p er pe tr at or pr o gra ms : Is s ues pa p er of c urre n t a nd em er g in g tre n ds , d ev e lo p me nts an d ex p ec t at i ons .
S t o pp i n g F am il y V i o l e nc e Inc (2 0 17 ).

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(2 01 9) .
Me n ’s be h av io ur c h a ng e pr o gra ms : Me as ur i ng o u tc om es a n d i mp rov i ng pr ogr a m q ua l i ty : K ey fi n d in gs a n d fu tur e d irec t i ons (R es earc h t o p ol ic y a n d pr ac t ic e , 01 / 20 1 9) S yd n e y, N SW : ANRO W S. 13 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence ever y person, f amily or situat ion, ther e has been success observed internatio nally in programs modelled af ter the Caledonia Syst em 12.
Additional challenges noted by Samar itans relat es to the a vailabilit y and accessibilit y of MBCPs which are inconsistent across regions.

In some locations there ar e few available f or men to attend , there is a lack of available culturally appropr iate programs that are recognised under the NSW minimum standards for MBCPs, or the venues are inaccessible (such as being out of range of public transport ).
T r a u m a Samarit ans believes it is important to consider trauma in the context of domestic and sexual abuse .

W hile we understand that crisis intervent ions and support systems f or victims are intended to incorporate trauma inf ormed practices, in many cases, our staf f report a general lack of awareness and attention to this area .
This is obser ved f rom emergency ser vices and domestic violence liaison off icers , but also f rom within organisations providing programs in th e domest ic violence sector.

Some examples of the impacts, which can pe rsist f or many years af ter the trauma is experienced, include: a.

Reduced overall executive skills, such as problem solving, decision making and judgement capabilit ies.

b.
b.

Lasting emotional responses such as dissociation and numbing as well as incr eased risk and prevalence of mental illness.

c. Intense reactions and behaviours including risk taking behaviour and problems with impulse control.

d. Poorer physical health and increased r isk of chronic health conditions 13.

12 Sc o tt is h G o v ernm e nt .

(2 0 16) .

C al e do n i an S y s te m Ev a l ua t io n: A na ly s is of a pro gr a mm e f or t ac k l i n g d om es t ic a b us e i n S c ot l an d .
V i e wed 16 J u l y 2 0 2 0 , ht tps :/ / www.
g o v .s c o t/ p ub l ic at i ons /c al e d on i an - s ys tem - e va l u at i on - a n a l ys is - pro gr am m e- tac k l i ng - d om es tic - a b us e- s c o tl a n d/ p ag es / 2 / 14 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence Trauma can have sever e impacts on children of ten res ult ing in signif icant overall reduct ion in developmental, educational, health and lif e outcomes.
Samarit ans believes that human ser vices agencies , including those working with vict ims of domestic and sexual abuse, could have much stronger practices that acknowledge the child’s trauma and the impact it has on them and ensures that their voices ar e hear d within the syst em and supports .

The current Nat ional Plan includes ver y little mention of trauma.

It is picked up in more detail wit hin t he Fourth Action Pla n which includes actions under several nat ional priorities .
These actions are intended to incr ease understanding of the ways people can experience trauma and improve the qualit y of worker responses to trauma.

However, the Fourth Action Plan does not include any specif ic outcomes in relat ion to these areas, for example the development of nationally consistent practice guidelines f or emergency ser vices, or measurable targets f or training of emergency ser vices workers .
Adult vict ims of trauma, in this context m ost of ten women, may f ace challenges receiving appropr iate support both w hile st ill subject to abuse and af ter they have been able to leave.

Of ten this is because they f ear their capabilit y to parent will be quest ioned result ing in a ref erral t o child protection.

This f ear inhibits their abilit y t o access support f or children who are acting out in response to trauma and in seeking support for themselves personally.
So, while there are pockets of services and individual workers who have strong practice in this area, incorpor at ing specif ic targets and outcomes into the next National Plan will drive f urther adoption of trauma inf ormed practice at a systemic level.

13 B l u e K no t Fo u nd a ti o n , I m p ac ts : W ha t ar e t h e i mp ac ts of c h i l d a bu s e a nd c h il d ho o d tr au m a?

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V i e we d 20 J ul y 2 0 2 0, ht tps :/ / www.

b l u ek no t. o rg.


a u/ Res o urc es /I nf or m atio n /Im pac ts - an d- h ea l i ng /Im p ac ts ; T he Na t io n a l Ch i l d T ra um atic Str es s N et wo rk , Ef f ec ts .

V ie we d 20 J u l y 20 2 0, ht tps :/ / www.
n c ts n. or g/ wh at - is - c h i ld - tr a um a/tr aum a - t yp e s /c om pl ex - t r aum a/ ef f ec ts 15 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence S ys t e m s a n d l e g a l p r o t e c t i o n W e must have nat ionally consistent laws, f rameworks and inter ventions that recognise coercive control, patterns of abuse and technology-f acilitat ed abuse as methods of domestic abuse .
In the Family Court ‘Family Violence Best Practice Principles ’ it states that the Family Law Act 1975 (Cth) ‘does not r equire independent verif ication of allegations of f amily violence (such as pol ice or medical reports) f or a court to be satisf ied that it has occurred ’ 14.

W hile this is the case, it is Samar itans exper ience that the processes in place cause victims to be strongly challenged when they disclose domest ic abuse .
This means t hey might not be believed, or if they are , their decisions to stay ar e questioned, of ten in relat ion to whether they acted appropriately to keep their children saf e. W here there are children involved, whet her they have been the vict ims or witnessed the abuse , the overarching principles of legal prot ections need to consider the saf ety, secur it y and best interests of the child.
In NSW , the court system includes the Federal Family Court (f or custody and relationship matters) and the State Children’s Court ( f or child pr otection matters).

W hile the Family Court claims to consider the best inter ests of the child and any histor y of domestic violence, it is our experience that this does not occur eff ectively in practice.
There is usually little to no considerat ion of the personal exper iences or pref erences of the child, and vict ims of ten exper ience challeng es proving that domestic violence is an issue.

The Family Court assum es the equal right of each parent to have contact with their children rather than the f ocus being on p rotect ing the children f rom harm.
W hile the Children’s Court f ocus on child pr otection, our staff report that women concer ned f or the saf ety of their children are usually directed to Family Court to deal with as a custody matter.

14 Fam i l y C our t of A us tr a li a , F a m ily V io l e nc e B es t Prac t ic e Pr inc i p l es - D ec em b er 20 1 6.
Vi e we d 2 0 J u l y 20 2 0, ht tp :/ / www.f am il yc o urt .g o v. a u/ wps / wc m /c o n n ec t /f c o a web /r ep or ts - a nd- pu b l ic a t io ns /p u b lic a ti o ns /f am i l y+ v i o l e nc e /f a m il y - v i o l enc e - bes t- pra c tic e - pr inc i p les 16 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence There is no ef f ective interact ion bet ween Family Court and Children’s Court to ensure the saf ety, securit y and best interests of the child.
The Family Court process can take several years , can be expensive if the victim is not eligible f or Legal Aid, and the perpetrator usually ha s contact throughout that time.

The meetings led by NSW Police mentioned previously, SAMS, are intended to improve the coordinat ion and response of the various depar tments and programs working with victims and perpet rators in NSW .

Participation by government and non-government ser vices is compulsor y.
These meetings aim to improve awar eness across ser vices of individual situations, priorit ise responses, reduce r eoff ending , incr ease the saf ety of staff who are working with vict ims and per petrators and improve accountabilit y of each of the ser vice providers 15.

These are important meetings with strict processes and guidelines f or the way they are carried out .
However, in Samaritans exper ience their eff ectiveness in dr iving change, monitor ing accountabili t y f or outcomes bet ween ser vices and addressing the underlying causes of perpetrators behaviour is m inimal and the overall ef f ectiveness var ies by region.

SAMS are also limit ed to high risk situations as matters are only r ef erred to these meetings when a vict im is deemed to be at high risk of harm .

They theref ore off er no opportunities f or collaboration bet ween ser vices mor e broadly.
The known shortf all of aff ordable and social housing 16 in Australia has a direct impact on the abilit y of vict ims to escape domestic abuse , particular ly when they have limit ed access to f inancial resources and theref ore see the aff ordabilit y of rentals as a large barr ier.

For many wom en, the alternative is to f lee to a ref uge.
However, living in a ref uge can be a daunt ing prospect , particularly if they ar e concer ned about providing their children with st abilit y and not exposing them to addit ional trauma , strangers or the unknown.

15 N SW G ov er nm ent , S a fe ty Ac ti o n Me e t in g Man u a l. V i e we d 2 3 J u l y 20 2 0, ht tp :/ / www.

c r im epr e ve nt i on .


ns w.g o v. a u/ d om es t ic v i ol e nc e /D oc um ents /I t% 20s t op / Saf et y_ A c t i on _ M ee t in g _m an u a l. pdf 16 E v er yb o d y’ s H om e, M ore s oc i a l a n d af for d a b le h o m es .
V i e we d 2 3 J u l y 20 2 0, ht tps :/ /e v er yb o d ys h om e.c om .au / our - c am pa i g n/m ore - s oc i a l- a n d- af f o rda b l e - h om es / 17 Inquiry into family, domestic and sexual violenceSubmission 85 Submission to the Inquir y into family, domestic and sexual vi olence Ref uges are a vital part of the crisis response to dom estic abuse and they need to be properly r esourced and valued as part of the broader syst em of responses.
The availabilit y and aff ordabilit y of public and private rentals is outside of the scope of this inquir y, however it has a direct beari ng on housing secur it y f or women f leeing domestic abuse.

O t h e r r e l a t e d m a t t e r s The next Nat ional Plan should include pr ograms that support and impr ove worker saf ety, including mental health .

Systems and resources must be available to the workf orce to : a.

Ensure appropriate super vision and crit ical ref lect ion on practice, b.
Enable development and ongoing evaluat ion and ref inement of risk mitigation strategies , c. Enable appropriate cross -skilling and skill building to improve collaborat ion ef f orts and strengthen accountabilit y bet ween ser vices, d. Secure the sustainabilit y of the workf orce.
Author ised by: Brad W ebb – Chief Executive Off icer Authored by: Emma Granger – Execut ive Off icer Contr ibutors: Jackie Horner y – Coor dinat or, Tahnya Baillie – Team Leader, Lauren Fisher – Communit y Ser vices Manager, Michelle Stocks – Communit y Ser vices Manager, Amira Moutad – Personal Advisor 18 Inquiry into family, domestic and sexual violenceSubmission 85