Since the National Plan’s conception, many implementation plans have passed and some key actions remain unimplemented, such as the establishment of a National Centre of Excellence. It is unclear whether the Plan will be adequately funded for effective implementation, and there are no independent mechanisms to monitor the plan’s implementation and measure its effectiveness in terms of statistical benchmarks, systems of measurement, timelines, financial obligations or baseline to reference success. The government must commit to continuing the implementation of an independent monitoring and evaluation mechanism and to resourcing of civil society to participate in this process. In addition, the National Plan insufficiently addresses the need for adequate crisis and support services, shelters and/or refuges, or legal services for women and to provide them with opportunities for empowerment and advance their human rights. Further, there is a need for the National Plan, or any new specific Plan, to properly address violence against Aboriginal and Torres Strait Islander women and children. Proposed Recommendations for Concluding Observations: THAT Australia adequately fund the National Plan to Reduce Violence against Women and their Children, including women-specific services, and establish an independent mechanism to evaluate the implementation of the National Plan. THAT Australia implement processes for meaningful participation and collaboration with civil society in the development, implementation and monitoring of implementation plans. Domestic Violence Leave There has been increasing recognition of and focus on the interaction between and impact of family violence in the workplace and on the employment of people experiencing family violence in Australia. There is strong support for examining regulatory and legislative mechanisms for the inclusion of access to domestic/family leave. In particular, there is broad support for the inclusion of family and domestic violence leave under the National Employment Standards in the Fair Work Act 2009 (Cth) and in Modern Awards. Proposed Recommendations for Concluding Observations: THAT Australia provide workplace support to employees experiencing family and domestic violence including: a minimum legislative standard of 10 days paid domestic violence leave inclusion of a minimum of 10 days paid domestic violence leave in Modern Awards; and Government funding and support for relevant workplace training.
prisons. Prison utilisation was 70.5% nationally for youth prisons in 2015-16. However, prisons in Queensland are severely overcrowded compared to the national average, and Victoria has recently announced the construction of a new youth prison, at least partly in response to concerns about overcrowding. Factors contributing to prison overcrowding for both adults and children include: high and rising remand rates and re-imprisonment due to breaches of parole; lack of affordable and appropriate housing; lack of specialist courts and alternative models that aim to address the causal factors linked to offending behaviour; failure to invest in targeted community based solutions or justice reinvestment models; lack of appropriately funded legal assistance; over-policing of Aboriginal and Torres Strait Islander communities; and delays in the finalisation of matters in court. Overcrowding exacerbates the violence and harm inherent in prisons. Overcrowding is linked with increases incidences of assaults, self-harm and attempted suicides. Disturbingly, the Queensland Ombudsman found that the number of self-harm incidents increased by 5.6 times between 2012-13 and 2014-15 in Queensland’s most overcrowded prison (a secure women’s prison). In our view, the answer to prison overcrowding is not to build more prisons but to reduce the number of adults and children in prison unnecessarily. This will require additional funding for affordable and appropriate housing in the community. Proposed Recommendations for Concluding Observations: THAT Australia urgently fund and implement diversionary programs and measures focused on reducing incarceration throughout the criminal justice system to reduce the number of people, particularly Aboriginal and Torres Strait Islander people, entering the criminal justice system and to reduce prison overcrowding. Article 12 – Right to Physical and Mental Health List of Issues 2016, paras 24-25