ACHIEVEMENT REPORT TO 2013 - WESTERN AUSTRALIA'S FAMILY AND DOMESTIC VIOLENCE PREVENTION STRATEGY TO 2022 - AUSTRALIAN HUMAN RIGHTS ...
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Government of Western Australia Department for Child Protection and Family Support Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 Achievement Report to 2013 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 i
Minister’s foreword Family and domestic violence is an insidious and often invisible social problem which cuts across social, economic and demographic boundaries and profoundly effects those that experience it. A comprehensive, committed and shared response across state and Commonwealth government departments, community sector agencies and broader civil society is needed to reduce the incidence of family and domestic violence in our state. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 (the Prevention Strategy) provides the framework in which a comprehensive and shared response to family and domestic violence both at a state and national level can be achieved. This first annual Achievement Report highlights the work already underway to improve the accessibility of targeted, effective support services and the robust progress in implementing the Prevention Strategy. The data presented in this report provides insight into the prevalence of family and domestic violence within our state and identifies those areas that require further exploration to investigate its impacts. The increase in reporting, charges and police orders most likely reflects significant progress in raising community awareness and engagement, and implementing effective integrated responses holding perpetrators accountable for their violence. A continued commitment to integrating service responses remains a priority. While a number of collaborative models are already operating across the state, there is much more to do to make certain our service system is responsive to the needs of women and children experiencing family and domestic violence, and holds those who perpetrate violence accountable for their behaviour through strong civil and criminal sanctions. Although we are always striving to improve our work, we cannot become complacent. Our focus must remain on providing a safe place to live for all members of our community and it is only when we work toward a shared vision of a life without violence that we will truly succeed in eliminating family and domestic violence from our society. Helen Morton MLC MINISTER FOR CHILD PROTECTION Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 i
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Contents Introduction .................................................................................................................................... 2 Progress against Outcomes............................................................................................................. 2 Outcome One: Prevention and Early Intervention.............................................................................. 3 Outcome Two: Safety for Victims...................................................................................................... 7 Outcome Three: Accountability for Perpetrators............................................................................. 12 Strengthening the Evidence Base.................................................................................................. 16 Monitoring and Evaluation Framework........................................................................................... 18 Western Australia Demographic Profile.......................................................................................... 21 Moving Forward............................................................................................................................. 24 Data Appendices .......................................................................................................................... 25 KPI 1............................................................................................................................................. 26 KPI 2............................................................................................................................................. 27 KPI 3............................................................................................................................................. 29 KPI 4............................................................................................................................................. 31 KPI 5............................................................................................................................................. 33 KPI 6............................................................................................................................................. 36 KPI 7............................................................................................................................................. 39 Regional Profiles............................................................................................................................ 40 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 1
Introduction Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 (the Prevention Strategy) was developed in partnership with the Family and Domestic Violence Senior Officer’s Group (SOG)1 and released in December 2012. The Prevention Strategy is aligned with the National Plan to Reduce Violence against Women and their Children 2010-2022 (the National Plan) and each three year national action plan. The Prevention Strategy presents a number of broad strategies against the outcome areas and includes the provision to focus planning in three year phases, each informing the subsequent three years up to 2022. The three year phases of the Prevention Strategy are as follows: Establishing Change Building a solid foundation and facilitating an environment for change to 2013 First Phase (2013-2016) – Sustaining Change Strengthening the foundation and supporting further reform Second Phase (2016-2019) – Consolidating Change Recognising achievements and assessing results Third Phase (2019-2022) – Achieving Change Continuing reform beyond the life of the Prevention Strategy Annual achievement reports will be released over the duration of the Prevention Strategy, providing key examples of work undertaken. Biennial reports will include data collected against performance indicators. Progress against Outcomes Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 includes three high level outcomes: Prevention and Early Intervention; Safety for Victims; and Accountability for Perpetrators. Each outcome has an action area targeting specific priorities while allowing the flexibility to develop and implement actions that address new and emerging issues as circumstances change. The outcome areas are intentionally linked to the National Plan to Reduce Violence against Women and their Children 2010–2022 to provide a coordinated framework that improves the scope, focus and effectiveness of actions both within the state and nationally. 1 The SOG comprises senior representatives from the key state and Commonwealth government agencies that have a direct or indirect responsibility for victims and perpetrators of family and domestic violence. The Women’s Council for Domestic and Family Violence Services WA is also represented. 2 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
Outcome One: Prevention and Early Intervention Individual attitudes and behaviours within the community reflect that family and domestic violence in any form is not acceptable.2 Actions 1.1 Encourage schools and other educational institutions to complement respectful relationships education programs through integration into the mainstream curriculum. 1.2 Continue to raise awareness and support attitudinal change towards family and domestic violence through a range of social marketing campaigns targeted at diverse communities. It is acknowledged that while prevention at a community level is essential, there is also a need for prevention initiatives that support individuals to develop healthy and respectful relationships. A number of programs are underway across the state to promote healthy relationships with young people and work toward inclusion of respectful relationship education into mainstream curriculum, these include: The Department for Child Protection and Family Support (CPFS) has re-developed a website and resources for young people experiencing family and domestic violence in their family or personal relationships. The Youth Say No campaign targets three areas: • Trouble at Home; • Dating Violence; and • Worried about Someone. The campaign and resources were launched at a White Ribbon Day event on 30 November 2012. The Department of Health, Sexual Assault Resource Centre (SARC) has engaged an Education and Training Coordinator (Respectful Relationships) to: • contact schools, universities and professional groups to offer Respectful Relationships (RR) training programs and respond to requests for programs where resourcing allows; • provide training programs into regional areas when the RR educator can ‘tag’ with other training programs; • maintain regular contact with Youth Focus to ensure the RR website is regularly updated and remains current; • seek partnership opportunities with agencies providing like programs; and • provide a limited number of RR programs in metropolitan Perth. The Women’s Council for Domestic and Family Violence Services (WA) engaged Kent Street Senior High School to develop and pilot a new model of school engagement. The model promotes respectful relationships through the creation of supportive school-based networks that contribute to attitudinal and behavioural change. The development, implementation and evaluation of this project will be used to develop a respectful relationships program/model that can be distributed to other schools and communities. 2 Links to: National Plan to Reduce Violence Against Women and their Children 2010-2022 Outcome 1 – Communities are safe and free from violence. Outcome 2 – Relationships are Respectful. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 3
The project involved classroom presentations, classroom teaching models, teacher training, peer education training and concluded with a peer educator led White Ribbon Day event in December 2013. WA Police ‘Operation RESET’ is a collaborative initiative between the Child Abuse Squad Child Assessment and Interview Team (CAIT), the Department for Child Protection and Family Support (CPFS) and various agencies and schools and provides education in response to child abuse in regional WA. In 2011-2012 this initiative was rolled out in Kalumburu in the Kimberley region together with a further deployment in the Goldfields-Esperance region. WA Police has developed and implemented a sex assault awareness campaign. The ‘No Means No’ campaign has been developed in conjunction with the Australia Hotels Association. Posters promoting the campaign will be displayed in hotel toilets and bottle shops. WA Police has also developed ‘Sex and the Law’ talking posters that will be distributed in remote Aboriginal communities. This project aims to provide education relating to the law on sexual/physical abuse. This initiative originated in Alice Springs and was adapted for Roebourne by the Strong Women’s Group in conjunction with WA Police, the Department for Child Protection and Family Support and Rio Tinto. Action 1.3 Build capacity and engagement with media outlets to promote appropriate and respectful reporting of family and domestic violence. The Department for Child Protection and Family Support (CPFS) has developed guidelines for reporting family and domestic violence and sexual assault. These guidelines promote responsible and accurate reporting, and assist journalists to report on family and domestic violence in a proactive and respectful manner. Furthermore, the resource encourages the media to consider the potential impact that their work could have on those involved, particularly the additional trauma that can be suffered as a result of inaccurate and irresponsible reporting. Action 1.4 Support and improve the links between Aboriginal organisations and government and community sector agencies working with family and domestic violence to provide a coordinated and integrated response. The Department for Child Protection and Family Support (CPFS) developed and implemented a targeted service response to family violence within the East Kimberley. The key aim of the East Kimberley Hub and Outreach service (the Hub) was for Aboriginal families and children living in and around the East Kimberley communities of Kalumburu, Warmun, Wyndham and Kununurra to experience a level of safety from family violence, commensurate with other families and children in Western Australia. The Hub provided services directly to victims and perpetrators of family violence and collaborated with other agencies to provide an integrated response to the client’s needs. Services would vary to suit individual needs, but generally included an initial risk assessment and the provision of information, referral, safety planning, risk management and case management. In total, 22 programs were funded including prevention, early intervention and tertiary responses. 4 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
Community education and engagement was a key strategic focus for the Hub; two community educators were employed to raise awareness about family violence, change violence supportive attitudes and stereotypes and provide individuals with the knowledge, skills and resource to stay safe and not use violence. In 2012, CPFS published the findings of a comprehensive action research evaluation of the Hub. The evaluation found the Hub had a direct and positive impact on the responses to and outcomes for victims and perpetrators of family violence in the communities it serviced including: • the development or refurbishment of community buildings to provide safe spaces for victims and their children and premises/spaces for men; • increasing mainstream and specialist service providers’ knowledge about family violence and their preparedness and capacity to respond; and • increasing the resources available within communities to provide safety focused responses for victims and timely intervention for perpetrators. Factors contributing to the success of the Hub included: • the multi-pronged approach to service provision; • supporting collaboration between agencies; • inter-agency training; • building the capacity of existing services; and • direct provision of services to men and perpetrators. Building on the relationships and capacity developed under the Hub model, CPFS has continued to support and collaborate with several key Hub funded services. A number of these services received grant funds which enabled continued service provision throughout the 2012/13 financial year. This enabled service continuity in the short term whilst the CPFS Hub project manager worked with services, to source alternative funds for the longer term. Services included: • Ngnowar Aerwah; • Warringarri Aboriginal Corporation; and • Gawooleng Yawoodeng Aboriginal Corporation. In 2013, the key focus has been community education and expansion of the infrastructure project for the Kalumburu community. In addition to this, CPFS worked to support Anglicare who received grant funding to facilitate ‘Women’s program- talking in a group about stopping family violence’; a program developed by Cross-Borders for women that explores stopping family violence. Through this program Anglicare facilitated a “train the trainer” one week program and a women’s program of two to three weeks in Kununurra. The Cross-border Justice Scheme is a partnership between Western Australia, the Northern Territory and South Australia which effectively removes their borders in the outback region where they meet. The objective of the scheme is to minimise the effect of the state and territory borders in the cross-border region for the purposes of law enforcement and delivery of justice services. The Cross-border Justice Scheme, which became operational in November 2009, was developed in response to a call from the women and children of the Ngaanyatjarra Pitjantjatjara Yankunytjatjara (NPY) Lands for help to reduce the prevalence of abuse in their communities. In an Australian first, there are effectively no legal state boundaries in this region for offenders to cross to escape justice. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 5
This initiative is supported by the Western Australia Cross Border Justice Act 2008 that was created to facilitate the administration of justice in regions straddling the state’s borders with South Australia and the Northern Territory. WA Police, magistrates, fines enforcement agencies, community corrections officers and prisons of one jurisdiction are now able to deal with offences that may have occurred in another of the participating jurisdictions. The Cross-border Justice Scheme provides a safer environment for women and children in the Cross-border Justice region and gives communities the confidence to report crimes knowing that the justice system can now respond to offenders across borders in this region. Facilitators from Alice Springs deliver programs for perpetrators in key communities in the NPY Lands which include Amata, Warburton, Kintor, Ernabella, Indultana, Ppaunya, Mutitjulu and Fregon. The Department of the Attorney General (DotAG) Aboriginal Justice Program (AJP) has been allocated Royalties for Regions funding of $3 million over three years to provide community safety, support and access to culturally appropriate services for Aboriginal people living in priority regional and remote locations who are victims of crime. The current focus of the funding is on family and domestic violence. The funding allocation is being used by the AJP to provide grants to non-government organisations (NGOs) to develop and deliver worthwhile community-based projects. At this stage, the AJP priority locations for funding allocations are the geographical areas within the Shires of Derby-West Kimberley and Halls Creek. The scope of services to be funded includes: • assist in the provision of educational resources outlining the mechanisms for support services for Aboriginal victims of family and domestic violence; • provide culturally appropriate individual counselling and support; • develop localised victim action plans for regional and remote communities; and • increase community awareness and ability to reduce the incidence of family and domestic violence offences. Two projects have been approved for funding for the following locations: • Shire of Halls Creek (Anglicare WA $854,212 over three years); and • Shire of Derby-West Kimberley (Anglicare WA $714,432 over three years). The AJP continues to explore opportunities for funding of worthwhile projects including men’s behavioural change initiatives, in consultation with government and non-government stakeholders. The Women’s Council for Domestic and Family Violence Services (WA) in partnership with the Department for Child Protection and Family Support (CPFS) coordinates the Annual Silent Domestic Violence Memorial March. The objective of the event is to raise public awareness of family and domestic violence and to honour the lives lost as a result of domestic homicide. The agenda includes a rally consisting of speakers and a large range of stall holders who share safety information with other agencies and members of the community. This event continues to draw a large number of participants including community members, service providers and government officials. The event also provides the opportunity for discussion through the use of social media and engagement with newspaper, radio and television platforms. 6 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
Outcome Two: Safety for Victims Outcome two focuses on safety for victims, specifically that adult and child victims are safe and kept free from harm through timely and accessible services. Key strategies for this outcome area prioritise strengthening and building the capacity of service responses, with a strong focus on the integration of services.3 Actions 2.1 Continue to strengthen and integrate responses to family and domestic violence statewide. 2.2 Build the capacity of service responses to family and domestic violence, with a particular focus on regional areas across the state. The Department for Child Protection and Family Support (CPFS) has developed and is implementing a Family and Domestic Violence Common Risk Assessment and Risk Management Framework (CRARMF) across the state. With a focus on safety and accountability, the CRARMF provides a framework that supports agencies and individuals to implement a more accountable and integrated response to family and domestic violence. This is facilitated through agencies working together, sharing appropriate information and developing a plan aimed at increasing the safety of child and adult victims as well as holding perpetrators of family and domestic violence accountable for their use of violence toward their families. The CRARMF requires agencies to implement minimum standards for family and domestic violence screening as well as the assessment, management and monitoring of risk across the entire service system. The first three year implementation plan included a comprehensive roll out of training to both specialist and mainstream service providers for inclusion of the minimum standards into agency policy and procedures. By the end of 2013 over 1000 participants ranging from mainstream, specialist and statutory agencies will have attended CRARMF training delivered across the state by the Family and Domestic Violence Unit. To continue strengthening responses to family and domestic violence across all agencies, a CRARMF implementation package comprising of guides to implementing policy, procedure and professional education is currently being developed. This will allow agencies to embed a higher awareness of, and a more holistic and accountable response to family and domestic violence into the day-to-day practice of staff and agency leadership. An evaluation strategy is in place to monitor the uptake of the minimum standards. Family and Domestic Violence Response Teams Several models of coordinated case management now exist across the state. Since 2009 with the impetus on integration, these models have undertaken various evolutions to emerge stronger and more targeted to providing safety for victims and for holding perpetrators accountable for their violent behaviour. The Family and Domestic Violence Response Team (FDVRT) is a partnership between the Department for Child Protection and Family Support (CPFS), WA Police and non-government domestic violence services. The FDVRT aims to improve the safety of child and adult victims of family and domestic violence through a collaborative approach that focuses on timely and early intervention following a police call out to a domestic violence incident. 3 Links to: National Plan to Reduce Violence against Women and their Children 2010-2022 Outcome 3 - Indigenous Communities are strengthened. Outcome 4 - Services meet the needs of women and their children experiencing violence. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 7
The FDVRTs have been formally operating since February 2013 in seventeen regions throughout the state. In many regions the partner agencies are co-located at the local police station. A comprehensive evaluation framework has been established to monitor the effectiveness of the FDVRTs that includes six monthly reporting by agencies. The collaborative approach of the FDVRT includes: • joint risk assessments using a common framework informed by police, child protection and specialist family and domestic violence workers; • identification of opportunities to intervene early with families experiencing family and domestic violence; • timely responses following a police call out; • responses targeted to client need, identified risk and unique case circumstances; • supported and streamlined client pathways through the service system; • coordinated responses between partner agencies; and • multi-agency safety planning on a needs basis involving agencies and organisations that have a role in responding to family and domestic violence. The first six month evaluation of the FDVRT has been completed and includes the following findings: Between January and June 2013: • WA Police responded to 23,999 incidents of family and domestic violence. Of those, 10,441 identified a crime; 8,766 police orders were issued. • The FDVRT jointly assessed and triaged 5,462 Domestic Violence Incident Reports (DVIRs). • The FDVRT non-government agencies were allocated 3,069 families for follow up. Offers of support and assistance were accepted by 1,303 adult victims; 860 adult victims declined services; and 878 could not be contacted. Multi-agency case management was convened for 264 families. The following two case studies illustrate the role of the FDVRT in creating opportunities for early intervention and proactive outreach and the importance of this approach for supporting adult and child victim safety. Case Study One WA Police responded to a verbal argument between a woman and her partner. Their one year old child was in the house. All agencies agreed that a response should be provided and that the non-government partner in the FDVRT was best placed to provide the follow up. The initial assessment of the Domestic Violence Incident Report (DVIR) was that the case was ‘low risk’ however when the domestic violence service contacted the woman she disclosed a history of verbal abuse and physical violence including one occasion where the perpetrator had put his hands around her neck and attempted to choke her. The non-government partner was able to conduct a more thorough risk assessment and work with relevant agencies to develop a safety plan. The client was supported to separate from her partner and relocate. Outcomes for the client included safe accommodation and improved safety overall, improved social connections and social support, management of legal and visa issues and financial security. 8 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
Case Study Two A young woman with a disability residing in a rural area was experiencing violence from her intimate partner who was also her primary carer. The case was brought to the attention of the non-government partner in the FDVRT. WA Police had no recorded DVIRs related to the woman or her partner. WA Police and the non-government agency conducted a joint home visit. The woman disclosed a history of serious assaults, threats to kill and financial abuse. She was extremely fearful of the perpetrator and due to her disability had limited access to supports and other services. WA Police and the non-government agency worked together and with other agencies to relocate the woman, provide information and counseling, and address the financial abuse by working with the banks and Centrelink. Interface Project To support the FDVRT a streamlined information exchange between WA Police, the Department for Child Protection and Family Support (CPFS) and the non-government service provider has been developed. The interface between WA Police Incident Management System (IMS) and the CPFS Assist database provides for the efficient and timely electronic transfer of Domestic Violence Incident Reports (DVIR) from IMS to Assist. It also provides a central database accessible to CPFS and non-government FDVRT staff where DVIR information is stored and FDVRT assessment and triage decisions can be recorded. The time efficiencies gained from the interface will provide opportunity for increased resources to be allocated to the protection of children and their families who are deemed to be at risk of harm in the community. Information Sharing In 2009–2010 the ‘Memorandum of Understanding: Information sharing between agencies with responsibilities for preventing and responding to family and domestic violence in Western Australia’ (MoU) was endorsed and signed by State and Commonwealth Government agencies. In 2010–2011 community sector agencies provided their endorsement and became signatories to the MoU. The MoU provides recognition of ‘duty of care’ including the commitment to share information without client consent if: the case is assessed to be high risk; a crime has been committed or is going to be committed; it is believed a child is likely to suffer significant harm; or a client is in need of urgent medical or psychiatric care. In 2013, the MoU was updated to reflect changes in multi agency case management and signature agencies were invited to provide their ongoing endorsement. Many women are forced to flee their homes during or after an incident of family and domestic violence and what often follows is a cycle of seeking refuge at a women’s shelter, staying with friends or extended family and/or ultimately becoming homeless. To address this, the Department for Child Protection and Family Support (CPFS) provides funding to non-government organisations to operate the Domestic Violence Outreach service and Safe at Home program. These programs provide a range of initiatives to help women and children remain in their homes following a family and domestic violence incident, where it is safe to do so. A key focus is facilitating strong working relationships with WA Police and other domestic violence services in order to achieve better outcomes for women and children. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 9
The Domestic Violence Outreach service is available statewide. The Safe at Home program is located in the North West, North East, South West and South East metropolitan regions, as well as two rural centres in the South West and the Wheatbelt. In addition to supporting victims of domestic violence, both programs facilitate perpetrator accountability through referral to Communicare’s Breathing Space. Breathing Space is a residential program for perpetrators of family and domestic violence who self refer to undertake support to stop their abusive behaviour. The Department for Child Protection and Family Support (CPFS) has provided funding for a new women’s refuge being developed in Busselton for women and children escaping domestic violence. The refuge will primarily support clients from the south-west however, referrals will also be accepted from other regions and the metropolitan area. The model will provide a response to the identified gaps in the Perth metropolitan specialist family and domestic violence accommodation and support service system including accommodation for older boys and larger families. The Department for Child Protection and Family Support (CPFS) will also make funding available for an additional crisis accommodation service for women and children fleeing violence in Perth metropolitan area. The refuge will be based on a ‘cluster model’ providing unit-style accommodation within a secure facility. Cluster model refuges enable larger families to be accommodated, including women with older boys and provide more privacy and independence to women and children. The Department for Child Protection and Family Support (CPFS), working in partnership with the Women’s Council for Domestic and Family Violence Services (WA) has undertaken a review of the family and domestic violence service system in WA. Extensive consultations were undertaken with key stakeholders to identify service needs as well as the mix of service responses. This process identified a number of service gaps in the women’s family and domestic violence refuge system in metropolitan and regional and remote WA including the need for a wide range of service models and responses within the refuge system, ranging from 24 hour accessible services and services working on-call at night and a stronger outreach component for clients when they exit safe accommodation. The Department for Child Protection and Family Support (CPFS), Women’s Council for Domestic and Family Violence Services (WA) and West Coast Institute for Training are working in partnership on a skills recognition project for domestic violence service providers. This workforce development project has resulted in 50 workers receiving formal qualifications in Community Service Work through recognition of prior learning. The Department of the Attorney General (DoTAG) funded an Aboriginal Family Violence Prevention Legal Service which commenced in July 2013. The service is a partnership between Relationships Australia and the Women’s Law Centre of WA and provides family violence prevention legal services to Aboriginal clients in the metropolitan area including legal services, counselling and ongoing advocacy and support which is often difficult for existing services to provide. Similar services are available in rural and remote areas, however, commensurate services have not been provided in the metropolitan area until now. The service targets a gap in available support for Aboriginal victims in the metropolitan area and will focus on: family violence restraining orders; assisting victims-survivors of family violence and sexual assault; child protection, including legal assistance to children and mandatory reporting requirements; victim’s compensation where it relates to family violence; and family law including child support. 10 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
The Ombudsman Western Australia commenced a new role to review family and domestic violence fatalities on 1 July 2012. A family and domestic violence fatality is a death that is caused directly or indirectly by a person who was in a family or domestic relationship with the deceased. The role of the Ombudsman is to: • review the circumstances in which family and domestic violence deaths occur; • identify trends and patterns that arise from reviews of family and domestic violence deaths; and • make recommendations to public authorities about ways to prevent or reduce family and domestic violence deaths. The Ombudsman reports on this role within their annual report. In 2014 the Ombudsman will undertake an own motion investigation of family and domestic violence related deaths. Action 2.3 Work to improve the effectiveness of the justice system response to support integrated, accessible, timely and safe processes and outcomes for victims of family and domestic violence. The Department for Child Protection and Family Support (CPFS) chairs a training consortium to promote, develop and deliver professional development workshops about family and domestic violence for members of the judiciary. The training consortium includes representatives from: • Legal Aid; • Department of the Attorney General; • Communicare; • Centrecare; • Anglicare; • Relationships Australia; and • Aboriginal Family Law Services. The training consortium presented on the topic of family and domestic violence to the Family Court conference on 25 May 2012 and to the Magistrates Court conference on 15 November 2012. Further opportunities to present to these forums again in 2014, including to the District Court forum are being explored. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 11
Outcome Three: Accountability for Perpetrators The implementation and ongoing improvement of existing strategies and initiatives that encourages perpetrator accountability reflects the state’s commitment to improving outcomes for all victims of family and domestic violence in Western Australia.4 Action 3.1 Continue to strengthen legislation to provide a high level of protection for victims of family and domestic violence. The Department of the Attorney General (DotAG) operates specialist Family Violence Courts in six Perth metropolitan Magistrates Court locations and Aboriginal specific courts in Geraldton and Kalgoorlie. The Family Violence Court model uses an interagency and alternative sentencing approach. The aims of the model are to improve the criminal justice response to family violence with a particular emphasis on meeting the needs of Aboriginal people, holding perpetrators accountable for their behaviour, supporting victims in the criminal justice system, promoting victim safety and reducing the incidence of family and domestic violence. The Family Violence Courts operate on a collaborative case management model involving government and community sector agencies. The mainstream behaviour change programs are funded by the Department of Corrective Services and delivered by community sector agencies. Behaviour change programs specifically designed for Aboriginal offenders are delivered by the Department of Corrective Services. Each Family Violence Court has a Family Violence Support Service which can provide: • assistance with violence restraining order applications and hearings; • information on safety planning, victim support, court processes and family violence services; and • referrals for victims to counselling, crisis care and health services. During 2011, DotAG commenced an evaluation of the metropolitan Family Violence Courts. This evaluation has involved a specific methodology to take into consideration the cultural and social aspects specific to family violence in Aboriginal families. The evaluation of the Barndimalgu Court in Geraldton is currently underway and is close to finalisation. The two reports will be combined and presented together to the Attorney General later this year. Managing Serious Domestic Violence Offenders Recommendations from an Inquest held at Perth Coroners Court in 2012 into a high profile case in which a death occurred have led to a strengthened response in relation to the management of serious domestic violence offenders. A number of processes have been implemented by the Department of Corrective Services (DCS), WA Police and the Department for Child Protection and Family Support (CPFS) including: 4 Links to: National Plan to Reduce Violence against Women and their Children 2010-2022 Outcome 5 – Justice responses are effective. Outcome 6 – Perpetrators stop their violence and are held to account. 12 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
• A Tripartite Schedule between the three departments was developed and endorsed in August 2013. The agreement outlines the exchange of information between agencies where it is reasonable to conclude that the offender poses a serious risk to the safety and wellbeing of family members, particularly women and children. • CPFS and WA Police now have the option to register a victim on the DCS Victim Notification Register (VNR) irrespective of whether the victim elects to do so. The VNR advises the registering agency of any relevant information regarding the particular offender/s associated with the victim in accordance with the VNR operational guidelines. Using this advice, agencies develop and initiate safety plans prior to the offender’s release from custody. This option does not replace the requirement for DCS to provide information relevant to a serious offender’s release from custody directly to relevant agencies. • A notice was issued to Adult Community Corrections staff that required all new staff to the department who are involved in case management of offenders to undertake training in the use of the Spousal Assault Risk Assessment (SARA). The SARA is a clinical checklist of risk factors for spousal assault, developed specifically for the criminal justice system. • The use of the SARA is presently being reviewed by DCS. DCS are exploring other risk assessment tools such as the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER). The B-SAFER is considered to provide a more practical purpose for Community Corrections staff undertaking offender assessments. • An electronic exchange of information from DCS to WA Police relating to conditions and residential locations for offenders subject to parole has been developed. Information is automatically exchanged nightly to inform WA Police of changes of circumstance for parolees. This initiative provides an additional level of monitoring parolees in the community. • DCS is currently in the process of reviewing and improving their procedures and minimum standards for undertaking home visits on offenders subject to community based supervision. This is aimed at increasing the ability to assess risk as well as engage with family members. • DCS have updated the standards relating to telephone reporting. These updates ensure that the use of phone calls is undertaken only in exceptional circumstances and not as a standard case management tool. DCS have strengthened the process relating to the confirmation of details provided by parolees by the use of third parties (e.g. community members, family, local police) to ensure legitimacy of offender information. The Department of the Attorney General (DotAG) conducted a broad investigation of domestic violence legislation in 2011–2012. As a result of the review a number of amendments were made to the Restraining Orders Act 1997 and Criminal Code Act 1913 including changes to police orders to allow officers to provide a police order for up to 72 hours without victim consent and introduction of a “three strikes” approach through which a third conviction for breach of violence restraining order carries a presumption of imprisonment. In 2013, the Restraining Orders Act 1997 was further amended to clarify which jurisdiction should deal with applications by children or on behalf of children (s25). The Government has asked the WA Law Reform Commission to further review state legislation and investigate the possibility of creating specific domestic violence legislation which would include, amongst other things, a definition of family and domestic violence and a more tailored form of restraining order. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 13
The Department of Corrective Services (DCS) Juvenile Justice Team (JJT) forms an integral part of the diversionary service. The JJT is an interagency service that implements a restorative process to divert young people from the formal justice system. The JJT operates under the provisions of the Young Offenders Act 1994 and involves a meeting or conference with a number of different agencies and individuals, including a coordinator, a police officer, the young person, a responsible adult, the victim and his or her support person. Overall the JJT was established to provide a non-judicial process that diverts young people from becoming entrenched in the justice system. Fundamental to this process is that the juvenile is required to accept responsibility for their offending behaviour and make amends for their actions. In addition, it is a requirement that there is a responsible adult engaged in the process to care for and take responsibility for the young person. Action 3.2 Identify gaps in current services for perpetrators, or those at risk of perpetrating family and domestic violence and improve the quality and availability of services and programmes working with perpetrators, or those at risk of perpetrating family and domestic violence. The Department for Child Protection and Family Support (CPFS) and the Department of Corrective Services (DCS) represent WA as members of a National Working Party to develop consistent standards of practice for behaviour change programs across Australia. A State Working Group was established in 2013 to examine existing program delivery and develop consistency in future program delivery in WA. The Department of Corrective Services (DCS) Adult Community Corrections funds Relationships Australia, Communicare and Anglicare to provide men’s behaviour change programs to enable perpetrators of domestic violence to take responsibility for their behaviour and stop using violence. Funding has been provided to each service until the end of 2014. These mandated groups include men who are subject to the Family Violence Court process or who have been placed on community supervision orders or parole with special conditions to attend a program. Perpetrators are referred to the appropriate agency to undergo assessment and treatment. Mandated men’s behaviour change programs are currently operating in the metropolitan regions of Armadale, Fremantle, Joondalup, Midland, Perth and Rockingham and in the regional centres of Albany, Northam and Bunbury. Relationships Australia, Communicare and Anglicare each have their own therapeutic program to engage perpetrators and assist them to address their behaviour. DCS is currently reviewing the existing service model in order to determine future procurement direction after 2014. The review also aims to identify any gaps in the current service where a perpetrator may be ineligible or unable to access this program. Currently, perpetrators who work in a ‘fly in / fly out’ work pattern and adolescents perpetrating violence against a parent or carer are unable to participate in the men’s behaviour change programs. In addition to mainstream men’s treatment programs, DCS staff facilitate an Indigenous Family Violence program in the following locations: Perth, Midland, Mirrabooka/Clarkson, Armadale, Broome, Kalgoorlie, Geraldton. This program is 20 weeks in length with one session conducted per week. Referrals are made via the Family Violence Court process or direct from Community Justice staff. DCS staff also facilitate men’s behaviour change programs within prisons including Acacia, Casuarina, Albany Regional Prison and West Kimberley Regional Prison. 14 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
The Department for Child Protection and Family Support (CPFS) funds Relationships Australia, Centrecare and Communicare to provide voluntary men’s behaviour change programs. These programs are offered to men who accept responsibility as perpetrators of family and domestic violence and abuse and aim to develop their skills and knowledge to stop their violent and abusive behaviour. Voluntary men’s behaviour change programs are currently operating in the metropolitan regions of Fremantle, Gosnells, Joondalup, Midland, Mirrabooka, Perth and West Leederville and in the regional centres of Esperance and the Goldfields. The Communicare Breathing Space therapeutic community model in Kwinana is a unique, intensive residential program for men in the Perth metropolitan area who use violence and abuse against their family members. It is a 12 bed accommodation and treatment service which includes both individual counselling and group work. Participants receive 10 individual sessions throughout their stay which include but are not limited to, exploration of current life circumstances, safety and security, family of origin, gender issues, and exploring what can be done differently to effect behaviour change. In addition, Communicare provides a statewide telephone support and counselling service through the Safe at Home and Domestic Violence Outreach program. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 15
Strengthening the Evidence Base Western Australia is involved in research activity at both a state and national level, some of these activities are outlined below. National Centre of Excellence The National Centre of Excellence (NCE) is a key commitment under the National Plan to Reduce Violence against Women and their Children 2010-2022. Western Australia contributes funding to the NCE as a state partner. The role of the NCE is to build a strong and lasting evidence base that will drive reform and inform policy and practice in reducing violence against women and their children. The NCE will provide a research hub for policy makers, practitioners and researchers to link up evidence based responses, as well as serve as meeting point for strategic partnerships with a wide range of organisations, academics and key government and non-government stakeholders. In 2013 the NCE commenced the establishment of a national research agenda in consultation with stakeholders across Australia. Australian Research Council The Department for Child Protection and Family Support (CPFS), and a consortium of non-government and government agencies are industry partners to a three year Australian Research Council Linkage Project provisionally titled Fathers, Family Violence and Intervention Challenges. This will be conducted through the Universities of Western Australia, Melbourne and South Australia, with approximately 30 industry partners across the three states. The research will investigate how men’s behaviour change, Indigenous and fathering programs address the issue of fathering in the context of family and domestic violence within Australia and internationally. The research will investigate how and under what circumstances fathers who use violence are parenting and what the key fathering issues are that need to be addressed within these programs. Violence Restraining Order Project The Social Policy and Social Work Innovation Research Unit, University of Western Australia has been engaged by the Women’s Council for Domestic and Family Violence Services (WA) to undertake research into the experiences of men who breach violence restraining orders (VROs). This small exploratory study sought to identify and investigate breaches of protection orders from the perspectives of the perpetrators. Specifically, the study aimed to: • gain an understanding of men’s perspectives and experiences about being charged with breaching a protection order; • document men’s understandings of why the protection order was put in place and what events led to them being charged with a breach, the consequences of them being charged and the assistance that would have been of most use to them; and • identify implications for improving policy and service delivery which could promote safety of victims in the future. 16 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
Fly In / Fly Out Research Project The Department for Child Protection and Family Support (CPFS), working with the WA Police and specialist family and domestic violence crisis and support services, sought to explore the association between fly in / fly out (FIFO) work arrangements and family and domestic violence. Current research literature has increasingly identified the damaging impacts of FIFO work arrangements on parenting, families, and individuals. A preliminary exploration of the association between FIFO work arrangements and family and domestic violence was undertaken in the localities of Rockingham and Mandurah in WA. Findings from the preliminary investigation showed that the nature of the association between FIFO work arrangements and family and domestic violence is complex and multifaceted and not reducible to a simple cause and effect analogy. The study also highlighted the significant presence of children within the FIFO and family and domestic violence association. CPFS is responding to the following recommendations that emerged from the study. 1. Establish a working party consisting of key stakeholders to investigate the issue of perpetrator accountability through the court and justice system. At present there appears to be limited scope for holding mandated perpetrators accountable where FIFO work arrangements preclude them from participating in domestic violence group programs. Flexible and innovative service provision, partnerships with the mining and resource sector and alternatives for holding perpetrators accountable are all much needed options. 2. Consider the further exploration of two key issues that emerged from focus group discussions: 2.1 457 Visas and family and domestic violence; and 2.2 adolescent violence in the home. Adolescent Violence in the Home Research Project The Department for Child Protection and Family Support (CPFS), working with the WA Police and specialist family and domestic violence support services, has commenced an exploratory study into adolescent violence in the home. The study includes gathering data about the incidence of this issue, scoping good practice responses and consulting with stakeholders about trends and issues. Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013 17
Monitoring and Evaluation Framework The evaluation framework developed to measure success of the WA Strategic Plan for Family and Domestic Violence 2009–2013, and that will be used to monitor Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 includes: • changes in performance indicator data over time; • the degree to which an integrated interagency response has been achieved and associated outcomes; and • use of national data, such as the Australian Bureau of Statistics’ Personal Safety Survey, to measure and monitor the incidence and prevalence of family and domestic violence. The key performance indicators reported against include: • Number of family and domestic violence incidents reported to the WA police. • Number of police orders issued, by order length. • Number of violence restraining orders applied for, where circumstances of domestic violence are, and are not present. • Number of violence restraining orders granted, where circumstances of domestic violence are, and are not present. • Number of perpetrators charged as a result of family and domestic violence for: o assault; o breaches of violence restraining orders and police orders; and o other (e.g., property damage, deprivation of liberty, stalking). • Number of victims of intimate partner violence hospitalised as a result of family and domestic violence. • Number of homicides as a direct result of family and domestic violence. These performance indicators were identified from data that was available in 2009. Additional performance indicators will be identified up to 2022 as further data becomes available. Data Collection A data working group was established in 2009 to work toward collecting data against key performance indicators of the WA Strategic Plan for Family and Domestic Violence 2009–2013. The working group is also identifying ways to improve the collection of data across the state. This work includes identifying areas of high priority which need to be further developed in order to improve our understanding of family and domestic violence in WA. Going forward, the data working group has nominated sexual assault, child protection, drug and alcohol and mental health as high priority areas for future development. WA is also working with the Commonwealth and state and territory governments to support the development of nationally consistent data. 18 Western Australia’s Family and Domestic Violence Prevention Strategy to 2022 – Achievement Report to 2013
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