NSW Government Submission to Senate Finance and Public Administration Committee Inquiry into Domestic Violence in Australia - August 2014
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NSW Government Submission to Senate Finance
and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
Contents
Introduction ........................................................................................................................ 4
Structure of this submission ............................................................................................... 5
1 Definition of domestic and family violence .................................................................. 6
2 Prevalence and factors contributing to the levels of domestic and family violence in
NSW .................................................................................................................................. 7
2.1 Prevalence of domestic and family violence ................................................................... 7
2.1.1 Domestic violence-related assault (NSW)................................................................ 7
2.1.2 Under-reporting of domestic violence-related assault .............................................. 8
2.1.3 Age of victim and sex of offender............................................................................. 9
2.1.4 Domestic and family violence homicide (NSW)........................................................ 9
2.1.5 Apprehended Domestic Violence Orders (NSW) ..................................................... 9
2.1.6 Women with disability ............................................................................................ 10
2.1.7 Women from Aboriginal and Torres Strait Islander backgrounds ........................... 13
2.2 Factors contributing to the present levels of violence.................................................... 14
2.2.1 Gender equality and community attitudes .............................................................. 15
2.2.2 Vulnerability to domestic and family violence ......................................................... 15
3 Responding to domestic and family violence in NSW ............................................... 19
3.1 It Stops Here – The NSW Government’s Domestic and Family Violence Framework for
Reform .................................................................................................................................... 19
3.1.1 Improved approach to prevention .......................................................................... 21
3.2 Responses to domestic and family violence in NSW .................................................... 23
3.3 Issues related to policing domestic and family violence in NSW ................................... 26
4 Policy responses to domestic and family violence .................................................... 28
4.1 It Stops Here – The NSW Government’s Domestic and Family Violence Framework for
Reform .................................................................................................................................... 28
4.2 Policy responses to domestic and family violence and homelessness .......................... 28
4.2.1 Specialist Homelessness Services (SHS).............................................................. 28
4.2.2 Establishment of specialist domestic and family violence housing company .......... 29
4.2.3 Start Safely Private Rental Subsidy Scheme ......................................................... 30
4.2.4 Staying Home Leaving Violence ............................................................................ 30
4.2.5 Challenges ahead – an integrated approach to child protection and wellbeing ...... 31
4.3 Effects of policy decisions............................................................................................. 31
5 Role of the Federal Government ............................................................................... 33
5.1 Other forms of violence against women ........................................................................ 33
5.1.1 Female genital mutilation ....................................................................................... 33
5.1.2 Underage forced marriage ..................................................................................... 33
2 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
5.1.3 Human trafficking .................................................................................................. 34
5.2 National Plan to Reduce Violence against Women and their Children .......................... 34
5.3 Ways forward ............................................................................................................... 37
3 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
Introduction
The NSW Government is committed to preventing and responding to domestic and family
violence, and providing an appropriate response to victims. In February 2014, the NSW
Government launched its Domestic and Family Violence Framework for Reform: It Stops Here:
Standing together to end domestic and family violence (It Stops Here).
It Stops Here is a whole-of-government response to delivering a state-wide system to reduce the
incidence of domestic and family violence and support a consistent response to people impacted
by domestic and family violence. It was developed in consultation with victims of domestic and
family violence, community and sector stakeholders, including domestic and family violence
support workers, agencies and related organisations. It is based on a belief that both preventing
and responding to domestic and family violence involves strong collaboration – across
government agencies, between government and non-government agencies, and most
importantly, with victims of domestic and family violence themselves.
It Stops Here is the first, necessary phase in improving the response to domestic and family
violence in NSW. It builds on a wide range of existing responses to domestic and family violence,
delivered by both government and non-government agencies.
The Federal Government has an important role in addressing and domestic and family violence
and supporting NSW efforts through policies and services in the Federal Government’s area of
responsibility, such as the facilitation of information sharing between jurisdictions, and improved
coordination across state and Commonwealth legal systems.
Domestic and family violence affects the whole community. The NSW Government will continue
to work together with a wide range of service providers and community groups to ensure
communities in NSW are safe and free from domestic and family violence.
4 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
Structure of this submission
This submission provides information relevant to the terms of reference for the Senate Finance
and Public Administration Committee Inquiry into Domestic and Family Violence in Australia.
This submission represents the NSW Government’s response to the serious issue of domestic
and family violence. It discusses the prevalence and impacts of, factors contributing to, and the
effects of policy decisions in, domestic and family violence in the New South Wales context.
Chapter 1 of this submission outlines the definition of domestic and family violence used in this
submission.
Chapter 2 discusses the prevalence of domestic and family violence in NSW. This includes
information on factors contributing to the present levels of domestic and family violence, and
provides information in response to the Inquiry’s Terms of reference (a) and (b).
Chapter 3 outlines the NSW Government’s response to domestic and family violence. It includes
information about:
• It Stops Here: Standing together to end domestic and family violence in NSW – The NSW
Government’s Domestic and Family Violence Framework for Reform (It Stops Here);
• Existing policies, initiatives and services that relate to responding to domestic and family
violence in NSW; and
• Issues relating to policing domestic and family violence in NSW.
Chapter 4 discusses the adequacy and effectiveness of policy responses to domestic and family
violence, as well as effects of policy decisions regarding housing on victim safety and the ability
of women to escape abusive relationships. The information in this chapter is a response to the
Inquiry’s Terms of reference (c) and (d).
Chapter 5 discusses the Federal Government’s role in contributing to reducing violence against
women and their children. The information in this chapter is a response to the Inquiry’s Terms of
reference (e) and (f).
5 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
1 Definition of domestic and family violence
This submission refers, as far as possible, to “domestic and family violence”, rather than
“domestic violence”. This accords with It Stops Here: Standing together to end Domestic and
Family Violence (It Stops Here), the NSW Government’s framework for reforming the domestic
and family violence service system. Where “domestic violence” is used, it relates specifically to
recorded crime data and/or a legislative definition, and encompasses the definition of domestic
and family violence.
“Domestic and family violence” includes any behaviour, in an intimate or family relationship,
which is violent, threatening, coercive or controlling, causing a person to live in fear. It is usually
manifested as part of a pattern of controlling or coercive behaviour.
An intimate relationship refers to people who are (or have been) in an intimate partnership
whether or not the relationship involves or has involved a sexual relationship, i.e. married or
engaged to be married, separated, divorced, de facto partners (whether of the same or different
sex), couples promised to each other under cultural or religious tradition, or who are dating.
A family relationship has a broader definition and includes people who are related to one another
through blood, marriage or de facto partnerships, adoption and fostering relationships, sibling and
extended family relationships. It includes the full range of kinship ties in Aboriginal and Torres
Strait Islander communities, extended family relationships, and constructs of family within lesbian,
gay, bisexual, transgender, intersex of queer communities. People living in the same house,
people living in the same residential care facility and people reliant on care may also be
considered to be in a domestic relationship if their relationship exhibits dynamics which may
foster coercive and abusive behaviours.
6 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
2 Prevalence and factors contributing to the levels of
domestic and family violence in NSW
This chapter discusses the prevalence of domestic and family violence in NSW, and includes
information about vulnerability to domestic and family violence, and the factors contributing to
present levels of domestic and family violence. The information in this chapter is a response to
the Inquiry’s Terms of Reference (a) and (b).
2.1 Prevalence of domestic and family violence
Information on the prevalence of domestic ad family violence in this Chapter is for NSW only and
is largely based on data from the NSW Bureau of Crime Statistics and Research (BOCSAR),
supplemented by other sources such as the ABS 2012 Personal Safety Survey.
2.1.1 Domestic violence-related assault (NSW)
The majority of violence against women occurs in the home, at the hands of men they know. In
the twelve months to March 2014, 69 per cent of victims of domestic violence -related 1 assaults in
NSW were women. There were 21,664 female victims compared to 9,925 male victims. This
equates to a rate per 100,000 population of 594 for females and 277 for males. 2
The latest data shows that domestic violence-related assault has recently increased in NSW: with
overall rates growing by 2 per cent over the last two years (to March 2014) to their highest
recorded rate in the past 12 years.
The proportion of female victims has remained relatively stable from April 2005 to March 2014.
Over the same period, the rates for domestic violence-related assaults have been consistently
and substantially higher for Aboriginal women than non-Aboriginal women (in 2010, for example,
the rate of reported victimisation for Aboriginal women was six times that of non-Aboriginal
women 3). Aboriginal men also experience domestic violence-related assault at a higher rate than
non-Aboriginal men.
While the rates for both Aboriginal and non-Aboriginal women show a longer term declining trend,
the rates for non-Aboriginal women increased slightly in the 24 months to March 2014, along with
the increase in rates overall. See Figure 1 on page 8.
Domestic violence-related assaults in NSW were mostly perpetrated by males only (70 per cent),
regardless of the gender of the victim, while 19 per cent of recorded incidents involved female
offenders only. When the victim was a female, the offender was generally a male only (78 per
cent). 4
1 The term domestic-violence-related is used to accord with the data published by the NSW Bureau of
Crime Statistics and Research.
2
NSW Bureau of Crime Statistics and Research, NSW Recorded Crime Statistics, unpublished data
(BOCSAR ref: sr14-12141).
3
Grech, K. and Burgess, M. Trends and patterns in domestic and family violence assaults: 2001 to 2010,
NSW Bureau of Crime Statistics and Research, Sydney, 2011, p 7.
4
BOCSAR, NSW Recorded Crime Statistics, unpublished (BOCSAR ref: dg1412157).
7 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
Crime data is difficult to compare nationally as the way incidents are reported vary across
jurisdictions. Self-reported data from the ABS 2012 Personal Safety Survey shows that across
Australia in the last 12 months prior to the survey, there were an estimated 184,300 individuals
who have experienced violence either from a current or previous partner. Of these, women
accounted for an estimated 72 per cent (132,500).
Figure 1 Domestic violence-related assault victims by sex and Aboriginal status, NSW
Note: Data relates to 12-month periods beginning April 2002 and finishing March 2014.
Aboriginal and non-Aboriginal population estimates were obtained from ABS (2009), 'Projected Experimental Estimated
Resident Australian Indigenous Population by RCMG region, age groups, 1991-2021.
Population: Victims of domestic violence-related assaults (all ages) recorded by NSW Police.
Data source: NSW Bureau of Crime Statistics and Research, NSW Recorded Crime Statistics, unpublished data
(BOCSAR ref: sr14-12141).
2.1.2 Under-reporting of domestic violence-related assault
It is widely acknowledged that not all domestic and family violence incidents are reported by
victims. Consequently, the real prevalence rate of domestic and family violence is higher than the
rate reported to the police.
A study by BOCSAR indicated that less than half of domestic violence victims reported their most
recent incident to the police (see www.bocsar.nsw.gov.au). The study found that the most
commonly cited reasons for not reporting domestic and family violence were fear of further
violence from the offender, feelings of shame or embarrassment, or a belief that the incident was
too inconsequential. 5
5
Emma Birdsey and Lucy Snowball (2013) Reporting Violence to Police: A survey of victims attending
domestic violence services. NSW Bureau of Crime Statistics and Research Issue paper no. 91 October
2013
8 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
A higher rate of reported domestic violence-related assaults can be a reflection of greater
awareness by female victims. It can also be a reflection of their greater confidence in the police
response.
2.1.3 Age of victim and sex of offender 6
In the 12 months ending March 2014, the highest incidence (41 per cent) of domestic violence-
related assault recorded by the NSW Police Force involved victims aged 30-49 years: 43 per cent
of female victims and 38 per cent of male victims were in this age group. Boys aged 0 to 17 years
made up 18 per cent of male domestic and family violence victims while girls aged 0 to 17 years
made up 11 per cent of female domestic and family violence victims.
Overall, 70 per cent of domestic and family violence incidents involved male offenders only, with
19 per cent of incidents involving female offenders only. Male and female offenders were involved
in 3 per cent of incidents while in the remainder, the gender of at least one offender was unknown
or there was no recorded offender.
Where there was a female domestic and family violence victim, the offender was generally a male
only (78 per cent) with female only offenders making up 13 per cent. Where there was a male
victim, 51 per cent of offenders were male only, while 33 per cent were female only.
2.1.4 Domestic and family violence homicide (NSW) 7
In 2014, female homicide victims in NSW were four times more likely than male victims to be
killed by someone with whom they are in a domestic relationship. In the 12 months to March
2014, 81 per cent of female homicide victims (21 out of 26) were killed by someone with whom
they were in a domestic relationship. This compares to 22 per cent of male homicide victims (11
out of 51). 8
The number and proportion of female homicide victims who are killed by someone with whom
they are in a domestic relationship has fluctuated in recent years. In the twelve months to March
2013, 16 out of 23 (70%) female homicides occurred in a domestic context, compared to 32 out
of 36 (88%) to March 2012 and 20 out of 27 (74%) to March 2011. 9
Of the 128 women who were killed in a domestic violence context between July 2000 and June
2009, 12 per cent (or 15) of the deceased were Aboriginal. 10
2.1.5 Apprehended Domestic Violence Orders (NSW)
Apprehended domestic violence orders (ADVOs) are granted by NSW Courts to a person
requiring protection from domestic violence. ADVOs were mostly granted to women in the period
6 Data is this section is from NSW Bureau of Crime Statistics and Research, NSW Recorded Crime
Statistics, unpublished (BOCSAR ref: sr14-12141 and Dg1412157)
7 Domestic violence homicide as defined here relates to victims of murder or manslaughter where the
relationship of the offender to the victim is spouse/partner, ex-spouse/partner, parent/guardian (including
step/foster parent), child (including step/foster child), sibling, member of family- other, or boy/girlfriend
(including ex-boy/girlfriend). The data also includes incidents that have been flagged as DV-related by
NSW Police.
8
BOCSAR, NSW Recorded Crime Statistics, unpublished (BOCSAR Reference: dg1412157)
9
BOCSAR, NSW Recorded Crime Statistics, unpublished (BOCSAR Reference: dg1412157)
10
NSW Coroner’s Court, 2012 Domestic Violence Death Review Team Annual Report.
9 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
from April 2013 to March 2014 (70 per cent of victims). Women were granted ADVOs at a rate of
728 per 100,000 population compared to male victims who were granted ADVOs at a rate of 317
per 100,000 population. See Figure 2 below.
In 2013, the regions in NSW with the highest rate of ADVOs granted per 100,000 population were
the Far West & Orana, Riverina and New England and North West regions. 11
Between April 1995 and March 2014, there was an average annual increase of 5 per cent in the
number of females protected by ADVOs, compared to an average annual increase of 9 per cent
for males. There has been a small drop in the rates per 100,000 of women and men protected by
ADVOs over the last year. See Figure 2 on page 11.
Note that procedural changes, such as mandatory recording of an ADVO of the children of the
person protected by the ADVO, have affected the rise in the number and rate of ADVOs granted
over this period.
Figure 2 Apprehended Domestic Violence Orders granted by sex, NSW
Note: Data relate to 12-month periods beginning April 2002 and finishing March 2014.
Population: The NSW population.
Data source: NSW Bureau of Crime Statistics and Research, NSW Recorded Crime Statistics. April 1995 to March
2014, unpublished (BOCSAR Reference: sr14-12141).
2.1.6 Women with disability
Self-reported ABS statistics from the 2012 Personal Safety Survey show that an estimated
467,300 women experienced personal violence (both non-domestic and family violence and
11
NSW Bureau of Crime Statistics and Research, NSW Recorded Crime Statistics, unpublished data
(BOCSAR ref: sr14-12141). NSW Bureau of Crime Statistics and Research (2014), NSW Criminal Court
Statistics 2013
10 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
domestic and family violence-related) in the 12 months prior to the survey. Of these, an estimated
28 per cent (129,500) were women in NSW. 12
Of the women in NSW who were estimated to have experienced personal violence in the 12
months prior to the ABS Personal Safety Survey in 2012, 43 per cent were estimated to have a
disability or a long-term health condition. This is seven percentage points higher than the national
figure of 36 per cent.
People with disability are a particularly vulnerable group in the community and generally are less
likely to report violence to the police. In NSW in 2012, 19 per cent of women reported having
some form of disability compared to 18 per cent of men. This is the same proportion for women
and one percentage point lower for men than the last survey data, in 2009. Nationally women
also have a higher rate of disability compared to men (19 per cent compared to 18 per cent
respectively). 13 Approximately 937,000 people (of all ages) live in NSW with a diverse disability
that can limit activity or restrict participation. The range of disability types will impact on the
vulnerability of individuals. Those with severe or profound intellectual or physical disability have a
greater level of dependence on others and reduced access to or capacity to report personal
violence or abuse.
Women with disability experience domestic and family violence at higher rates, greater severity
and over longer periods than other people. 14 Attitudes towards disability, dependence on the
perpetrator for personal care, power dynamics, as well as access and opportunity to commit
abuse, are all risk factors for people with disability and impact on the person’s ability to escape
the violence.
People with disability are at greater disadvantage in responding to violence because they may
not be aware of what constitutes domestic and family violence or are physically limited in
accessing assistance. Education about what constitutes violence does not routinely occur in
disability settings, rendering people with a disability at a loss to both recognise abusive behaviour
as such or to take action to prevent its recurrence. People with disability may be taught to be
compliant, and women with disability are often perceived to be asexual, powerless and physically
helpless. 15
12 Note this data does not relate to domestic violence but rather all personal violence.
13
ABS (2012) Disability, Ageing and Carers, Australia: Summary of Findings 2012. Cat no. 4430.0.
14 National Council to Reduce Violence against Women and their Children, Background Paper to time for
action: The National Council’s plan for Australia to reduce violence against women and their children,
2009-2021, 2009.
15 NSW Police Force Operational Programs, Code of Practice for the NSWPF Response to Domestic &
Family Violence, November 2013, 60.
11 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
Barriers to reporting to Police16
People with disability may have had a lifetime of negative encounters with social/welfare services
and criminal justice systems. As a result of prior ineffective remedies and harmful consequences,
people with disability may be hesitant to use systems and resources.
Many people with disability have never sought help for the abuse they have experienced. Some
reasons are:
• fear being institutionalised in a nursing home or rehabilitation centre;
• fear other loss of self-autonomy;
• not recognising their experience as abuse;
• blaming themselves for the abuse;
• having no other options;
• not trusting agencies to respond effectively;
• fear of losing their independence;
• fear of losing their children;
• pride.
In many cases, people with disability depend on the perpetrator for assistance with dressing,
eating and other essential activities of daily life, creating major barriers to leaving the violent
relationship. Other barriers to leaving include fear of having no or inadequate personal care
assistance and fear of not being believed.
Furthermore, people with disability who have limited mobility or who rely on assistive technology
or personal paid carers may find themselves unable to leave the relationship for architectural or
practical reasons, particularly if a perpetrator damages, removes, or destroys adaptive equipment
that facilitates movement or communication.
Disability-specific types of domestic and family violence include:
• Denial of care or denial of assistance with essential activities of daily life
• Destruction or withholding of adaptive equipment
• Withholding food or medication
• Limiting access to communication devices
• Threats of institutionalisation
• Threats to report to Community Services, meaning a fear of losing children
• Manipulation of medication
• Forced sterilisation of women.
Domestic and family violence against people with disability can occur in residential settings
(including group homes or supported disability accommodation services), and boarding houses.
Perpetrators of domestic and family violence can include both paid and unpaid carers.
16 NSW Police Force Operational Programs, Code of Practice for the NSWPF Response to Domestic &
Family Violence, November 2013, 60-61.
12 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
2.1.7 Women from Aboriginal and Torres Strait Islander backgrounds
Rates of domestic and family violence experienced by Aboriginal people
NSW data shows the rates of domestic violence-related assault for Aboriginal women have been
consistently higher than that of non-Aboriginal women. In the 12 months ending March 2014, the
rate of domestic violence-related assault for Aboriginal women in NSW was 3,010 per 100,000
population compared to 492 per 100,000 for non-aboriginal women. Over a 12-year period ending
March 2014, despite increase in some years, a declining trend was exhibited with rates falling
from a level of 3,638 per 100,000 population in the 12 months ending March 2003. 17 See Figure
1 on page 8.
There were 221 domestic and family violence homicide cases between 1 July 2000 and 30 June
2009 as recorded by the NSW Coroner’s Court and reported in the 2012 Domestic Violence
Death Review Team Annual Report. 18 Women comprised 58 per cent (128) of these deaths, of
which 15 (12 per cent) were Aboriginal women. Of the 221 domestic and family violence-related
deaths in the same period, nine (4 per cent) of the perpetrators were Aboriginal women as
against 17 (8 per cent) who were Aboriginal men.
Aboriginal family violence encompasses physical, emotional, sexual, social, spiritual, cultural,
psychological and economic abuses that occur within families, intimate relationships, extended
families, kinship networks and communities. It extends to one on one fighting, abuse of
Indigenous community workers, as well as self harm, injury and suicide. Family violence in
Aboriginal and Torres Strait Islander communities is often complicated by a range of factors that
contribute to increased rates of violence, including historical trauma experienced by Aboriginal
people, which has eroded family and social structures and created a distrust of authority. Other
causes include:
• lack of access to the law and mainstream services;
• untreated alcohol and drug abuse; and
• undiagnosed mental illness.
Historical and other factors mean there may be particular barriers faced by Aboriginal women in
accessing domestic and family violence services. 19 These include:
• expectation of negative biased attitudes;
• distrust of Police due to the historical relationships between Police and Aboriginal people
and poor ongoing police/community relationships;
• fear of children being removed;
• fear of partner’s death in custody – Royal Commission Into Aboriginal Deaths In Custody;
and
• fear of community reprisals.
17 NSW Bureau of Crime Statistics and Research, NSW Recorded Crime Statistics, unpublished data).
18
NSW Coroner’s Court, 2012 Domestic Violence Death Review Team Annual Report.
19 NSW Police Force Operational Programs, Code of Practice for the NSWPF Response to Domestic &
Family Violence, November 2013, 57-58.
13 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
Some of the long-term impacts of family violence in Aboriginal communities include untreated
intergenerational grief, loss and trauma that can lead to high levels of dysfunction in some
Aboriginal communities resulting in a high incidence of family violence and child abuse. 20
Research suggests that children from violent homes may be likely to exhibit attitudes and
behaviours that reflect their childhood experiences of witnessing domestic violence. 21
2.2 Factors contributing to the present levels of violence
Domestic and family violence is a crime that takes many forms including emotional and
psychological abuse, intimidation, harassment, stalking, physical and sexual assault, and can
include animal abuse targeting pets, and damaging personal or joint property.
It is the most underreported of crimes because the perpetrator knows the victim intimately
through a long-term, close or developing relationship. The perpetrator relies on developing,
during the early stages, a strong bond through friendship, love, trust and loyalty to create a high
degree of co-dependence. The underlying behavioural traits of power and control are then
employed as tactics to commit the crime. Many victims of domestic violence go undetected and it
is likely that those who do report have experienced multiple incidents prior to the first report they
make to police.
The more frequently a perpetrator commits violence, the greater the likelihood the affected
partner becomes vulnerable to further abuse and violence. This can frequently result in the
affected person developing feelings of fear, guilt, anxiety, low self-esteem, isolation and feeling
'trapped' in the relationship. This often results in what is referred to as a 'Cycle of Violence'.
Victims of domestic and family violence are more likely to deal with the issues themselves or talk
to informal support networks due to barriers such as fear, isolation, lack of support and shame, as
well as an historically inadequate response from the service system. The proportion of women
reporting domestic violence also differs according to whether the offender is a current or previous
partner.
Children living in a relationship with abusive behaviour are considered to be at risk of harm, either
through direct abuse or indirectly by witnessing the abuse of their parent or carer. Children who
live in families where domestic and family violence occurs are at a greater risk of being sexually
abused. The continuation of abuse and even exposure to such abuse could result in serious
problems, impacting on the child's personal, health, education and social development. Some
children who witness or experience domestic violence grow up to become serial offenders or
repeat victims of violence. 22
20 NSW Police Force Operational Programs, Code of Practice for the NSWPF Response to Domestic &
Family Violence, November 2013, 57-58.
21 Anthony Morgan and Hannah Chadwick, Key Issues in Domestic Violence, Australian Institute of
Criminology, Summary Paper No 07, December 2009, 7.
22 Anthony Morgan and Hannah Chadwick, Key Issues in Domestic Violence, Australian Institute of
Criminology, Summary Paper No 07, December 2009, 7.
14 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
2.2.1 Gender equality and community attitudes
Domestic and family violence is a complex issue, and there are many factors contributing to
present levels of domestic and family violence. International research has established a clear
relationship between women’s status in a country and the levels of violence against them. Higher
levels of female intimate partner violence victimisation are found in countries with less gender
equality. For example, the greater the gap in gender equality (measured in economic and social
policies, gender role expectations, beliefs and attitudes), the higher the risk of violence
perpetrated by men against women. 23
Violence against women can also be linked to social and cultural foundations, and is influenced
by attitudes and prevalent in society on the status of women, and the acceptability of violence.
Findings from the 2009 National Community Attitudes Survey on Violence against Women
(NCAS) indicate that the strongest predictor for holding attitudes that support violence were being
male, and having low levels of support for gender equity or equality.
2.2.2 Vulnerability to domestic and family violence
There are several factors that impact on a person’s vulnerability to domestic and family violence.
These include Aboriginality and disability (discussed previously), cultural background, sexual
orientation and gender identity, pregnancy, age, socio-economic factors including unemployment,
witnessing domestic and family violence, geographical factors, drug and alcohol use, sole parent
status, access to social support, and experience of physical and mental illness. While some of
these are disproportionately experienced by women with a lower socio-economic status, many
affect women across the spectrum.
Cultural background, sexual orientation and gender identity
Women from culturally and linguistically diverse (CALD) backgrounds, including newly arrived
migrants and refugees, face specific barriers in accessing services. 24 These include social
isolation, language and communication difficulties, financial dependence, the impact of
immigration status on service eligibility, fear that they will not be able to remain in Australia if they
leave a violent relationship and the influence of family and community attitudes. 25
People who identify as lesbian, gay, bisexual, transgender, intersex or queer (LGBTIQ)
experience domestic and family violence at similar rates to that of the wider community but are
less likely to identify the experience as abuse, report violence to the police, or seek assistance
from a domestic and family violence support organisation for fear of prejudice and discrimination.
Sometimes, services may not understand the needs of a LGBTIQ person or the nature of their
23 Australian Institute of Criminology, The Social Research centre and VicHealth, National Survey on
Community Attitudes to Violence against Women, 2009.
24 Runner M, Yoshihama M & Novick S, Intimate Partner Violence in immigrant and refugee communities;
Challenges, promising practices and recommendations, 2009, as quoted in Anthony Morgan and Hannah
Chadwick, Key Issues in Domestic Violence, Australian Institute of Criminology, Summary Paper No 07,
December 2009, 7.
25 WA Department for Communities, A review of literature relating to family and domestic violence in
culturally and linguistically diverse communities in Australia, Perth, 2006.
15 ____________________________________________________________________________
NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
relationship, or support workers may have preconceived ideas about the diversity of sex,
sexuality, gender or family. 26
Pregnancy and intergenerational violence
Women may be at an increased risk of violence during pregnancy. The Personal Safety Survey
conducted by the Australian Bureau of Statistics (ABS) found that close to 60 per cent of women
who had domestic and family violence perpetrated by their former partner had been pregnant
during the relationship to the perpetrator. Thirty-six per cent of these women had experienced the
violence during their pregnancy, 17 per cent had became victims of domestic and family violence
for the first time during their pregnancy. 27 Pregnant women and women with children are also
known to face greater risk of escalating violence where it is already present in a relationship. 28
Children living in a family where violence occurs are impacted psychologically and experience
behavioural, health and socioeconomic impacts. This experience has a link to the
intergenerational transmission of violence, including perpetration and victimisation in their adult
relationships.
Socio-economic and geographic factors
People living in remote communities face a lack of appropriate support options while experiencing
higher rates of domestic and family violence. Women with mental health and/or drug and alcohol
issues are more vulnerable and face additional barriers in seeking support.
A number of factors are linked to the high rate of rural women remaining in violent relationships,
such as financial insecurity and dependency, a perceived lack of confidentiality and anonymity, a
lack of transport options and telecommunications services, limited access to health and medical
facilities, and cultural “norms” about rural masculinity. 29
Socio-economic factors also play a role in the occurrence and nature of domestic and family
violence. Research indicates that domestic and family violence tends to be more common in
areas with higher rates of public housing, male unemployment, and residential instability. 30 The
most disadvantaged areas tend to have the highest level of reporting of domestic violence-related
assault.
26 Chan, C, Domestic Violence in gay and lesbian relationships, Australian Family and Domestic Violence
Clearing House, Sydney 2005.
27 Australian Bureau of Statistics, Personal Safety Survey, Australia 2006. ABS cat 4906.0. Data relating to
pregnancy and domestic and family violence was also gathered in the 2012 Personal Safety Survey,
although no data relating to pregnancy has been published yet.
28 Burch RL and Gallup Jr, Pregnancy as a stimulus for domestic violence, Journal of Family Violence
2004, 19 (4): 243-247.
29 Anthony Morgan and Hannah Chadwick, Key Issues in Domestic Violence, Australian Institute of
Criminology, Summary Paper No 07, December 2009, 4.
30 Anthony Morgan and Hannah Chadwick, Key Issues in Domestic Violence, Australian Institute of
Criminology, Summary Paper No 07, December 2009, 7.
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Domestic Violence in Australia
August 2014Department of Family and Community Services
Violence and age
The type of domestic and family violence experienced by older people may be different to that of
younger people. For example, there tends to be a shift from physical and sexual abuse to more
emotional and financial abuse. In addition, there may be a change in who is committing the
offences with reports of children, grandchildren, other relatives and carers being identified as
abusers. 31 Many older people were socialised in a manner which reinforced the concealment and
privacy of family matters, including domestic and family violence. As a result, the abuse of older
people is not an issue which is readily reported. It is likely that those older women who are
victims of physical, sexual and financial abuse are long term victims of abuse.
Younger women may be less likely to identify an abusive relationship, report it to the police or
approach a domestic and family violence service for support. Younger women are also more
likely to experience physical and sexual violence in general, than older women. 32
Technology 33
The advent of new technologies has meant that domestic violence related incidents such as
stalking and intimidation have taken on new forms through such mediums as the internet, email
and navigational equipment. Cyber-stalking, in particular, signals the potential of such technology
to facilitate these types of crimes, as well as pointing to the interventions available.
Stalkers are using a variety of telephone, surveillance and computer technologies to monitor and
harass current and former intimate partners. Some offenders install or remotely activate global
positioning systems to monitor the victim’s real-time location while others use telephones to leave
hundreds of messages and harass former partners. While methods vary, survivors report that
they are experiencing stalking and abuse that is perpetrated with a ‘high tech twist’.
The ongoing advancement of technology and increased access to technology are providing
offenders with a sophisticated range of tools, particularly in relation to stalking. Offenders
continue to identify and adapt to new computer software and hardware tools that allow them to
further stalk and harass their victims. The use of information and communication technologies to
control and place victims under surveillance runs the risk of being trivialised compared to physical
violence, and being minimised as not really causing much harm. It could be argued that the
misuse of such technologies provides further opportunity for domestic and family violence by
extending the means available for coercive control and surveillance. Feeling safe from an abuser
therefore no longer has the same geographical and spatial boundaries, and victims can be
located and contacted globally. The use of digital information and communication technologies
has implications for practice, legislation, policies and research. For example, incidents are less
likely to be identifiable and thus will be difficult to police, and intervention orders must include the
use of such technologies within the conditions of the order.
31 Anthony Morgan and Hannah Chadwick, Key Issues in Domestic Violence, Australian Institute of
Criminology, Summary Paper No 07, December 2009, 5.
32 Anthony Morgan and Hannah Chadwick, Key Issues in Domestic Violence, Australian Institute of
Criminology, Summary Paper No 07, December 2009, 6.
33 Based on NSW Police Force operational data, feedback from field officers and cyber crime units.
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NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
It is likely that technological advances will continue to have an impact on the nature of this crime,
in particular the use of information and communication technologies, which facilitate stalking and
intimidation.
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NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
3 Responding to domestic and family violence in NSW
This chapter provides an overview of the NSW Government’s responses to domestic and family
violence in NSW. It includes information on:
• It Stops Here: Standing together to end domestic and family violence in NSW – The NSW
Government’s Domestic and family Violence Framework for Reform (It Stops Here);
• existing policies, initiatives, programs and services related to responding to domestic and
family violence in NSW; and
• issues relating to policing domestic and family violence in NSW.
3.1 It Stops Here – The NSW Government’s Domestic and Family
Violence Framework for Reform
In February 2014, the NSW Government launched It Stops Here. It Stops Here is a five-year,
whole-of-government strategic approach to reducing domestic and family violence in NSW. It
includes the NSW Government’s Domestic Violence Justice Strategy (DVJS), which aims to
improve the NSW criminal justice system’s response to domestic and family violence.
It Stops Here seeks to prevent domestic and family violence from occurring and improve victims’
safety. It contains five priority elements:
(1) A strategic approach to prevention and early intervention which includes building the
evidence base on violence prevention and a focus on behaviour change for perpetrators
of violence;
(2) Streamlined referral pathways to secure victims’ safety including the launch of a new
referral pathways service delivery model;
(3) Accessible, flexible, person-centred service responses that make the best use of
resources including an interagency service review, the promotion and adoption of new
minimum standards for perpetrator intervention programs;
(4) A strong, skilled and capable workforce including the development of a Skills Strategy to
increase the capability of the workforce to respond effectively and appropriately to victims
of domestic and family violence; and
(5) A strengthened criminal justice system response including the delivery of the DVJS.
Its Stops Here reflects existing evidence, the knowledge and experience of service providers and
the perspectives of people who have experienced domestic and family violence. It was developed
through extensive consultation with more than 300 domestic and family violence experts from
more than 50 non-government and government agencies.
It Stops Here represents the first phase of improving the response to domestic and family
violence in NSW. Initiatives already underway as part of It Stops Here include:
Implementation of new referral pathways
The implementation of a new approach to referral and service coordination will commence later in
2014, initially in Orange and Waverley. This approach will be rolled out across NSW over five
years. The approach is based on being able to provide an effective, consistent response to
victims and identify those victims at serious threat, who require a more coordinated agency
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NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
response to prevent death, disability or injury as a result of domestic violence. -This will be
achieved through improved information sharing, streamlined service delivery mechanisms, better
management and monitoring of referrals, the introduction of a common safety assessment, and
improved service coordination. Components of the new referral pathways include the following:
• A Domestic Violence Safety Assessment Tool (DVSAT) specifically designed to
assess a victim’s level of threat of further domestic violence. The DVSAT will be
mandatory for use by police when they have attended a domestic violence incident, and
encouraged for use by all other agencies.
• The Central Referral Point (CRP) which is a 24/7 electronic platform to manage and
monitor referrals, as well as capturing real-time data on victims and their children. The
CRP will improve the current practices of existing referral systems, making it easier for
victims to receive support and making the referral process more streamlined and efficient.
The CRP will be hosted by Victims Services NSW within the Department of Justice.
• A state-wide network of Local Coordination Points (LCPs) will concentrate on the safety
of the victim: providing case coordination, risk assessment and review, and referrals to
support services. The LCPs will liaise with and refer to relevant local services that the
victim requires such as case management, counselling, housing, financial or court
support.
• Local Safety Action Meetings (SAMs) aim to prevent or reduce serious threats to the life,
health and safety of victims and their children. Where a victim is identified as at serious
threat through the use of the DVSAT, SAMS will provide a multi-agency response – the
principle is that cooperative action and sharing information between agencies supports
better outcomes for the safety and recovery of victims.
Information sharing
In order for agencies to provide an effective, consistent response to victims and identify those
victims at serious threat, the NSW Government introduced new legislation in June 2014 to allow
agencies to share information about a victim and their circumstances (Crimes (Domestic and
Personal Violence) Amendment (Information Sharing) Act 2014). The legislative amendments
allow agencies and services to share relevant information about victims and perpetrators in
defined circumstances. The information sharing legislation underpins the new referral pathways
and enables services to be more effective in responding to victims’ support needs.
Information sharing has been demonstrated to be critical in providing agencies and services with
a complete picture of the level of threat to a victim and her children, to prevent domestic and
family violence related deaths, illness, injury and disability, to manage risks collaboratively, and to
hold perpetrators accountable.
A key principle of It Stops Here is that victims’ consent should always be sought unless
unreasonable or impractical, or if the disclosure of information is on reasonable grounds
necessary to prevent or lessen a serious threat to the life, health or safety of the victim, her
children or any other persons. Only information necessary to make a referral or to support the
victim’s safety will be shared, and an information protocol has been developed to guide agencies
and services wanting to share information under the information sharing legislation.
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NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
3.1.1 Improved approach to prevention
The It Stops Here prevention element is underpinned by six principles which provide a foundation
for implementing strategies and programs to drive social, attitudinal, cultural and behavioural
change across all domains of intervention:
1. Relationships are respectful;
2. Men and boys are supported to be non-violent, including a strengths-based approach to
supporting men as leaders;
3. High risk groups and communities are safe and free from violence, with a particular
emphasis on safety for/within Aboriginal communities;
4. Children experiencing violence are supported and inter-generational violence is averted.
5. Effective prevention practices are adopted to achieve behavioural change, including, in
Aboriginal contexts, working with communities to develop locally-owned and effective
responses to domestic and family violence; and
6. Government and non-government organisations understand and have the capacity to
deliver effective prevention activities.
This is also reflected in one of the outcomes under the DVJS ‘perpetrators change their
behaviour and re-offending is reduced or eliminated’. The reforms will seek to address violence
prevention at the point of contact between the perpetrator and the criminal justice system, by
intervening to prevent further violence from occurring.
The NSW Government is making strategic investments to address critical gaps in prevention and
early intervention, and building innovative and effective violence prevention practices in NSW that
are evidence-based and contribute to building the evidence base. This includes supporting
Aboriginal communities to investigate locally relevant solutions to domestic and family violence.
Understanding the evidence
The NSW Government has funded three prevention studies to strengthen the evidence base
around violence prevention:
• The University of Western Sydney is analysing current approaches to preventing violent
behaviour in men and boys;
• The Australian Institute of Family Studies (AIFS) is conducting two studies. The first
analyses current approaches to preventing violence in groups and communities that are at
higher risk of experiencing domestic and family violence, or who face barriers in
accessing existing services;and
• A second AIFS study analyses current approaches to supporting children who witness
and experience domestic and family violence, and current efforts to avert inter-
generational violence.
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NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
August 2014Department of Family and Community Services
These studies were published on 20 August on the Women NSW website
(www.women.nsw.gov.au). Findings from the research will inform enhanced or new approaches
to violence prevention in NSW, and identify exemplar projects to guide future good practice.
The NSW Government will work with non-government, private and philanthropic organisations to
generate new and enhanced approaches to domestic and family violence prevention, and will
continue partnerships with the non-government sector to lead domestic violence prevention
awareness raising campaigns, such as White Ribbon Day and 16 Days of Activism.
Break the cycle: a focus on perpetrator accountability
Holding perpetrators to account in NSW is being progressed through the:
• The DVJS which provides a response via the criminal justice system;
• NSW Department of Corrective Services’ Domestic Abuse Program for men within the
criminal justice system;
• Community based Men’s Behaviour Change Programs (supported by a Men’s Behaviour
Change Network) for men outside the criminal justice system;
• NSW Government’s Minimum Standards for Men’s Domestic Violence Behaviour Change
Programs; and
• NSW Men’s Referral Service which provides an anonymous and confidential telephone
counselling, information and referral service to men to help them take action to stop using
violent and controlling behaviour.
In response to gaps in the service system, in November 2013, the NSW Government established
a state-wide NSW Men’s Referral Service. The service provides specialist telephone counselling
and referral for men outside the criminal justice system, who have committed or are at risk of
committing domestic and family violence and who want help to change their behaviour. The
service also supports women and family members, as well as neighbours, friends or colleagues,
who are concerned about the violent behaviour of a male partner, friend or family member.
The NSW Government has also funded a Men’s Behaviour Change Network to act as an
advisory body for effective ways of working with men to reduce domestic and family violence and
to support providers of men’s behaviour change programs.
Community-based men’s behaviour change programs in NSW are largely funded by the Federal
Government. These behaviour change programs receive referrals from NSW Government
agencies, including NSW Police Force, Family and Community Services, Courts and Corrective
Services NSW. These NSW Government agencies have indicated a desire to more consistently
refer individuals to programs.
As a result of the high rates of re-offending, perpetrator interventions are an important element in
the criminal justice and domestic and family violence service systems, to contribute to and drive
the social, cultural and behavioural shifts required to eliminate violence against women and their
children.
The NSW Government welcomes the Federal Government’s investment on perpetrator research
and intervention through the National Plan to reduce Violence against Women and their Children.
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NSW Government Submission to the Senate Finance and Public Administration Committee Inquiry into
Domestic Violence in Australia
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