Tasmanian Government Submission - House Standing Committee on Social Policy and Legal Affairs-Inquiry into family, domestic and sexual violence ...
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Tasmanian Government Submission House Standing Committee on Social Policy and Legal Affairs– Inquiry into family, domestic and sexual violence August 2020 Safe at Home Department of Justice
Publisher: Department of Justice Date: August 2020 © Crown in Right of the State of Tasmania 2 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
Contents 1. INTRODUCTION .......................................................................................................... 4 2. CONTEXT ...................................................................................................................... 6 2.1. Safe Homes, Families, Communities: Tasmania’s action plan for family and sexual violence 2019-2022 .................... 6 2.2. Safe at Home: Tasmania’s integrated criminal justice response to family violence ................................................. 8 3. SAFE AT HOME RESPONSES ................................................................................... 11 3.1. Department of Police, Fire and Emergency Management ............................................................................................ 11 3.2. Department of Communities .............................................................................................................................................. 13 3.3. Department of Justice............................................................................................................................................................ 20 3.4. Department of Health ........................................................................................................................................................... 26 3.5. Department of Education ..................................................................................................................................................... 28 Tasmanian Government Submission Inquiry into family, domestic and sexual violence 3
1. Introduction The Tasmanian Government welcomes the opportunity to contribute a submission to the House of Representatives Standing Committee on Social Policy and Legal Affairs’ Inquiry into family, domestic and sexual violence. The Tasmanian Government recognises that domestic and family violence in Australia is widespread—one in four women and one in six men have experienced violence by an intimate partner since the age of 15—and that violence against women is one of the most serious consequences of gender inequality. It increases the risk of women experiencing disadvantage and can have far-reaching impacts on their social and economic participation, health, housing and financial security. In Tasmania, in 2019-20, there were 5,883 family violence incidents and arguments and 206 sexual assault offences reported to Tasmania Police. Of those 206 sexual assault offences, 38% were committed more than one year prior to being reported and 88% were against female victims. The Tasmanian Government takes seriously all incidences of family and sexual violence. As a signatory to the Australian Governments’ National Plan to Reduce Violence Against Women and their Children 2010-2022 (the National Plan), the Tasmanian Government has committed itself over the past decade to developing and executing family violence action plans aligned to the National Implementation Action Plans. On 1 July 2019, in line with the Fourth Action Plan of the National Plan, the Tasmanian Government launched Safe Homes, Families, Communities: Tasmania's action plan for family and sexual violence 2019-2022 (Safe Homes, Families, Communities). Safe Homes, Families, Communities built on progress made under the outgoing Safe Homes, Safe Families: Tasmania’s Family Violence Action Plan 2015-2020 (Safe Homes, Safe Families) and was designed following a comprehensive, cross-agency review of family violence service system in Tasmania, including delivery of actions under the first action plan. Safe Homes, Safe Families delivered significant new investment and activity into an existing family violence service response, which included Safe at Home, Tasmania’s integrated criminal justice response to family violence, and community-based specialist family violence services funded by the Tasmanian Government. Pursuant to this cross-agency review, and in recognition that sexual violence often intersects with family violence, it was decided that Safe Homes, Families, Communities would address both family and sexual violence, in line with the Government’s 2018 commitment to deliver a sexual violence action plan. Safe Homes, Families, Communities sets out a $26 million, three-year, whole-of- government commitment to progressing long-term change in the attitudes and behaviours that lead to family and sexual violence and support affected victims and families. Recently, this commitment was bolstered in response to the COVID-19 pandemic. The Tasmanian Government committed a further $2.7 million in family violence response funding to: increase the Rapid Rehousing program; improve the efficiency of Safe at Home criminal justice responses; increase operational capacity of non-government specialist family violence and sexual assault support services; establish a one-off flexible support package to assist and support victims wishing to leave an unsafe situation during periods of social isolation; for awareness material in print, broadcast social media forums; and to enable women’s shelters to purchase items to increase the entertainment and learning options for children during self-isolation. 4 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
It is important to note that each jurisdiction in Australia has its own terminology and legislation pertaining to family/domestic violence. Under the Family Violence Act 2004 (the Act), Tasmania uses the term ‘family’ violence to acknowledge that children who witness family violence have their safety, psychological wellbeing, and interests affected by violence directed at one of their carers and, as a result, are victims in their own right. This submission will accordingly use the terminology ‘family violence’, which is defined under section 7 of the Act as: (a) any of the following types of conduct committed by a person, directly or indirectly, against that person's spouse or partner: (i) assault, including sexual assault; (ii) threats, coercion, intimidation or verbal abuse; (iii) abduction; (iv) stalking within the meaning of section 192 of the Criminal Code ; (v) attempting or threatening to commit conduct referred to in subparagraph (i) , (ii) , (iii) or (iv) ; or (b) any of the following: (i) economic abuse; (ii) emotional abuse or intimidation; (iii) contravening an external family violence order, an interim FVO, an FVO or a PFVO; or (c) any damage caused by a person, directly or indirectly, to any property – (i) jointly owned by that person and his or her spouse or partner; or (ii) owned by that person's spouse or partner; or (iii) owned by an affected child. While there is significant work still to be done, there is evidence that generational change is occurring. Whereas family violence was once seen as a private matter, it is now recognised as a whole-of-community issue. The Tasmanian Government is firmly committed to the goal of becoming a State where all people are safe, equal and respected; and in which homes, families and communities are free from all forms of family and sexual violence. Tasmanian Government Submission Inquiry into family, domestic and sexual violence 5
2. Context The Tasmanian Government is committed to delivering a flexible and responsive approach to eliminating family and sexual violence. The Tasmanian Government’s current response plan to family and sexual violence is Safe Homes, Families, Communities, which compliments the existing Safe at Home service system. An outline of each is provided below. 2.1. Safe Homes, Families, Communities: Tasmania’s action plan for family and sexual violence 2019-2022 Launched in July 2019, Safe Homes, Families, Communities is the Tasmanian Government’s whole-of- government response to family and sexual violence. It represents of the second action plan under the Tasmanian Government’s long-term commitment to address family violence, and incorporates actions to respond to sexual violence. Its predecessor, the first action plan and nation-leading response, Safe Homes, Safe Families, was launched in August 2015 by the former Premier the Hon. Will Hodgman. The collaborative model of Safe Homes, Safe Families was recognised at the 2017 Prime Minister’s Awards for Excellence in the Public Service where the Family Violence Cross Agency Working Group, which oversees the implementation of these reforms, was awarded the Collaboration Award and a commendation for Sustainable Excellence in Public Sector Management. The same cross-agency model has been retained for Safe Homes, Families, Communities. The development of Safe Homes, Families, Communities was informed by a comprehensive review of the family violence service system in Tasmania, which included extensive stakeholder and community consultation. Actions to address sexual violence were informed by comprehensive research; examination of the existing service system in Tasmania; targeted consultation with key stakeholders; and analysis of best-practice systems operating in other jurisdictions—to ensure the Tasmanian Government continues to respond to emerging priorities and incorporate evidence from other programs and policies. Safe Homes, Families, Communities’ actions build on efforts to prevent and respond to family and sexual violence delivered through Safe at Home (outlined below) and community-based specialist family and sexual violence services funded by the Tasmanian Government. It invests $26 million over three years to prevent and respond to family and sexual violence in Tasmania under three priority areas: Primary prevention and early intervention; Response and recovery; and Strengthening the service system. These three priority areas are addressed across 40 direct and ongoing actions: Primary prevention and early intervention 1. Membership of Our Watch 2. Establish an Our Watch Primary Prevention Officer in Tasmania 3. Embed Respectful Relationship education in Tasmanian Government schools 4. Support the successful National Campaign, Stop It At The Start 5. Support implementation of the new National Sexual Violence Campaign 6 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
6. Continue to ensure that gender equality and respect are at the centre of all Tasmanian State Service workplaces 7. Develop a family and sexual violence website 8. Work with the eSafety Commissioner to deliver education and training in response to technology-facilitated abuse 9. Deliver a Problem Sexual Behaviours and Sexually Abusive Behaviours program for children and young people 10. Support Tasmanian Aboriginal communities to deliver targeted primary prevention and early intervention programs and to improve service delivery for Aboriginal people affected by family and sexual violence 11. Trial the Step Up adolescent intervention program 12. Strengthen the Defendant Health Liaison Service to provide early intervention to offenders 13. Deliver the Men’s Referral Service Response and recovery 14. Deliver Safe Choices 15. Support women with disability through the Local Support Coordinator role in Safe Choices 16. Support children and their families through the Safe Homes, Safe Families Support Team 17. Support Aboriginal families through the Aboriginal Family Safety Workers in Child and Family Centres 18. Provide increased counselling services for children and young people experiencing family violence 19. Provide counselling services for adults experiencing family violence 20. Invest in crisis accommodation through the Affordable Housing Action Plan 2019-2023 21. Deliver the Rapid Rehousing program for people experiencing family violence 22. Deliver the Keeping Women Safe In Their Homes program 23. Provide legal assistance to people experiencing family violence 24. Deliver perpetrator programs for low, medium and high-risk perpetrators 25. Introduce the ability to require mandated behaviour change program participation as part of a Family Violence Order 26. Extend forensic medical examinations for adult victim-survivors of family and sexual violence to a statewide service Strengthening the service system 27. Strengthen the Safe Families Coordination Unit 28. Trial electronic monitoring of high-risk family violence offenders, with opt-in available for victim-survivors 29. Strengthen specialist police prosecution services 30. Implement legislative reform to strengthen legal responses to family and sexual violence 31. Improve data collection and reporting 32. Membership of Australia’s National Research Organisation for Women’s Safety 33. Strengthen mechanisms for schools to respond to technology-facilitated abuse including image- based abuse 34. Roll out mobile phone data extraction devices to collect evidence of technology-facilitated abuse Tasmanian Government Submission Inquiry into family, domestic and sexual violence 7
35. Centralise management of family and sexual violence services within the Department of Communities Tasmania 36. Introduce standardised risk assessment processes across government and non-government family and sexual violence services 37. Develop and deliver training across identified Tasmanian Government services to respond to family and sexual violence 38. Establish a Family Violence Liaison Officer in the Strong Families, Safe Kids Advice and Referral Line 39. Undertake a feasibility study for a disclosure scheme in Tasmania 40. Review the regional sexual assault protocols The Tasmanian Government will monitor implementation of each action and undertake ongoing evaluation to inform future delivery. 2.2. Safe at Home: Tasmania’s integrated criminal justice response to family violence Safe at Home is Tasmania’s integrated criminal justice response to family violence. Operating since 2004 and positioned within the Department of Justice, the service is underpinned by the Family Violence Act and involves an organisation of governmental and nongovernmental partners working together to address the risk and safety needs of victims and children, and to hold perpetrators accountable. It focuses on ensuring the safety of the victim under a perpetrator accountability driven pro-intervention, arrest and prosecution policy, complemented by a human services approach to support recovery and change. The objectives of the Safe at Home service system are to: improve the safety and security for adult and child victims of family violence in the short and long term; ensure that offenders are held accountable for family violence as a public crime and change their offending behaviour; reduce the incidence and severity of family violence in the longer term; and minimise the negative impacts of contact with the criminal justice system on adult and child victims. Within government, the service is a collaboration between the Department of Justice, Department of Police, Fire, and Emergency Management, Department of Health, Department of Education and Department of Communities Tasmania. It includes the following outputs: Community Corrections, Department of Justice; Court Support and Liaison Service, Department of Justice; Defendant Health Liaison Service, Tasmanian Health Service; Family Violence Units, Department of Police, Fire and Emergency Management; Family Violence Counselling and Support Service (Adult Program and Children and Young Persons Program), Department of Communities Tasmania; Legal Aid Commission of Tasmania – specialist family violence legal practitioners; Safe at Home Coordination Unit, Department of Justice; Specialist Police Prosecutors, Department of Police, Fire and Emergency Management; and Special School Social Workers and Psychologists, Department of Education The Department of Justice is the lead agency, and Tasmania Police is the gatekeeper to the integrated response. It involves a range of services working together to protect and support victims of family 8 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
violence, including young people and children, while making offenders responsible for their behaviour. Victims, children and perpetrators enter the Safe at Home service system when a family violence or family argument report is made to Tasmania Police. Safe at Home is built on the principle that the safety of the victim is paramount. Safe at Home represents a mature best practice program to address family violence, supported by a dedicated legislative framework, a purpose-built case-coordination database, a robust governance framework, extensive police powers to provide immediate safety, an evidence-based risk assessment screening tool, detailed mapping of high risk offenders, and most importantly, a genuine long-term commitment from all agencies involved to improve outcomes for families and children experiencing family violence. The program is underpinned by extensive, proactive sharing of information across government, supported by legislation (section 37 of the Family Violence Act 2004), which ensures that relevant information can be shared to support the safety, psychological wellbeing and interests of people affected by family violence. 2004. Information sharing underpins the all-agency Integrated Case Coordination (ICC) meetings that manage parties affected by family violence at a regional level. ICC meetings are held on a weekly basis in each of Tasmania’s four regions (East, North, South, and West) and are attended by all service providers in the Safe at Home service system, except Legal Aid. The meetings are lengthy and require significant preparation by all ICC members in collecting and sharing information so that risk and safety concerns of all reported family violence incidents and family arguments can be managed appropriately. The aim of the ICC approach is to contribute to the safety of adult and child victims of family violence and mitigate against the risk that an offender will repeat or escalate their violence by coordinating an integrated service response that is proactive, timely, holistic and effective. More specifically, case coordination involves developing a series of agreed goals, interventions and responsibilities that provide a cohesive and integrated approach to address identified risk and safety needs. To efficiently operationalise this information sharing framework across the Safe at Home service system, the software-based Safe at Home Information Management System (SIMS) was developed, which has greatly enhanced the performance of Safe at Home. SIMS became operational in 2012 and incorporates business rules that reinforce the integrated response to family violence. The system supports the nomination of case coordinators, transfer of workflow activities between government agencies, produces notifications to review expiry of family violence orders, and provides a transparent record of ICC decision making and accountability. On the frontline, each of the three geographical police districts maintain specialist Family Violence Units, focusing on victim safety, and who provide support in crisis situations and work to hold perpetrators to account. Family Violence Units come under command of a Detective Inspector of the Criminal Investigation Branch. All Tasmania Police receive family violence training to provide an appropriate response and support to victims of family violence. There have been four reviews of Safe at Home: the Urbis review of the Family Violence Act 2004 (2007); the Success Works review of the Safe at Home integrated response system (2008); an Internal Performance Review (2014) and as part of the Family Violence Service System Review (2019). These reviews positively found that: Tasmanian Government Submission Inquiry into family, domestic and sexual violence 9
The safety of adult victims of family violence has improved as a result of new police powers and changed practices; Safe at Home had increased public awareness of family violence, improved legal recognition of family violence as a crime, ensured that the victim is not the driver of the legal response, and improved the police response to family violence; Integrated Case Coordination was an effective mechanism to facilitate information sharing between different agencies to manage risk and safety; and The pro-arrest, pro-prosecution policy was seen as one of Safe at Home’s greatest strengths in addressing family violence. The Safe at Home Program was recognised for its response to family violence when awarded gold in the community-led category of the 2019 Australian Crime and Violence Prevention Awards. The Awards recognise best practice in the prevention or reduction of violence and other types of crime in Australia and play a vital role in highlighting effective community-based initiatives to prevent crime and violence, before it actually occurs. In addition to service system coordination, Safe at Home also has oversight over the Keeping Women Safe in their Homes (KWSITH) program and for providing Flexible Support Package funding to victims of family violence. KWSITH enhances Safe at Home’s capacity to support women experiencing family violence to remain safely in their own homes, or a home of their choice, where it is safe to do so; deter perpetrators from re-offending; and facilitate the collection of admissible evidence to improve justice responses. The KWSITH grant has been used to install a variety of security enhancements, including security screen doors, solid core doors, security window screens, deadlocks, sensor lights, and security cameras to collect admissible evidence. A percentage of funding through the Keeping Women Safe in Their Homes funding is available to provide disability upgrades alongside other supports such as case management, risk assessment and security upgrades. Disability modifications may related to the needs of the woman, or any child in her care. Where there is a delay in access to NDIS funded supports, and a disability modification is required in order to facilitate a move to a new property, applications can include a request for such upgrades. These may include, but are not limited to: Installation of ramps; Widening of doorways; Bathroom modifications; and Bedroom modifications. Finally, funding for the delivery of Flexible Support Packages has enabled Safe at Home to provide immediate financial support to victims of family violence experiencing crisis as a result of COVID-19 isolation. In April 2020, through a Tasmanian Government family violence COVID-19 stimulus package, the Safe at Home Coordination Unit launched the Flexible Support Packages in Tasmania. These funding packages have supported victims to relocate from abusive households, both within Tasmania and moving interstate, and achieve economic independence through the provision of household items such as furniture and white goods, financial support for bond and initial rent payments where they do not have access to other rental support programs, paying of debt incurred due to being forced to purchase items for the perpetrator who then refuses to pay it off. 10 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
3. Safe at Home responses For the purposes of responding to this Inquiry, and as a multiagency service system, relevant responses to the terms of reference have been provided by each Safe at Home agency partner. 3.1. Department of Police, Fire and Emergency Management Under the Family Violence Act 2004, Tasmania Police are authorised to intervene directly in family violence incidents. Tasmania Police applies a pro-intervention policy in relation to family violence, holding perpetrators of family violence to account for their actions. In appropriate cases, police may also issue an immediate Police Family Violence Order, or make an application to a Court for a Family Violence Order. Orders are made to increase the safety of victims. The Department of Police, Fire and Emergency Management (DPFEM) supports the National Domestic Violence Order Scheme (NDVOS) which was introduced on 25 November 2017. The NDVOS enables: Victims of domestic violence to be protected, no matter where the DVO was issued. Police and the courts to better protect and empower victims of domestic violence. Perpetrators of domestic violence to be held account for offences and breaches nationwide. DVOs issued prior to 25 November 2017, to become nationally recognised by applying to any court in Australia. Although mindful of specific issues affecting diverse groups, Tasmania Police manages and investigates incidents of family violence similarly. The focus of Tasmania Police is to protect and support the victims, including children involved, while holding the perpetrator to account. In 2016, under Safe Homes, Safe Families, Tasmania Police led an expansion in family violence information sharing between Tasmanian Government agencies, developed under the multiagency Safe Families Coordination Unit (SFCU). The SFCU was created to achieve an integrated family violence intelligence resource to ensure greater support to families affected by family violence. With no comparable Tasmanian model previously available, South’s Australia Multi-Agency Protection Service (MAPS) response was used as a template for the development of a Tasmanian multi-agency service. The SFCU model considerably extended the scope and design of the MAPS process in a number of vital ways, which has contributed significantly to the success of the program including: Access to all relevant government information. Professional analysis of collected data in a report form. Professionally developed ‘Recommendations’ for each front-line government agency. Creation and management of ‘High Risk’ offenders. Creation of a formal notification system for all schools. Creation of a review function for all family violence reporting. Education function for all related government services. The SFCU aims to provide the best available information about high-risk family violence parties. The SFCU ensures that victims and children are supported as early as possible, and perpetrators of family violence are held to account. Working together, staff from each agency are able to assess relevant Tasmanian Government Submission Inquiry into family, domestic and sexual violence 11
family violence related information from over 60 of the government agencies databases. This information is collated and used to inform and provide recommendations to the appropriate front line response dealing with each family violence matter. As part of overall SFCU cumulative risk assessment, the SFCU Department of Justice representative will access the information on the participation of perpetrators in programs to determine their level of engagement. The comprehensive mapping report containing detailed actions is disseminated to the partner agencies for completion/information. The information is transmitted and recorded in SIMS. The SFCU’s innovative model actively shares analysis to directly promote victim safety (including children) and hold perpetrators to account. The creation of a real-time priority perpetrator resource and management system and the formal notification system to schools further extends the utility of this analysis function. The pro-active approach identifies key service requirements and shares essential information to enable appropriate interventions and helping to close existing and predicted services gaps. Importantly, sharing this information ensures each agency is cognisant of current and predicted interventions from all services. Incorporating these elements has contributed to ensuring greater consistency in responses and reporting and continues to promote family violence issues more broadly. The collaborative approach of the SFCU in addressing the harm caused by family violence, was recognised in 2017 when presented with the Institute of Public Administration’s Best Practice in the Public Sector, Service Delivery Award. SFCU aims to provide the best available information about high-risk family violence parties. Each agency represented in the SFCU is able to assess relevant family violence related information from the government agency databases. This information is collated and used to inform and provide recommendations to the appropriate front-line response dealing with each family violence matter. To enhance decision-making through information captured by the SFCU, a data analyst has been embedded within the unit. The data analyst is responsible for the development and delivery of data driven recommendations and to identify trends. This analysis is conducted predominantly from the Family Violence Management System and is used in conjunction with DPFEM Corporate Reporting. The SFCU data analyst has conducted analysis of the incidence of family violence during and after natural disaster events to inform future planning. Throughout the COVID-19 pandemic, focussed attention has been placed on family violence incidence reporting to determine trends and issues early. The SFCU Data Analyst has compiled a weekly report to monitor trends of family violence, which is disseminated to all Safe at Home partner agencies to determine spikes or anomalies that will inform appropriate responses. Complementing this data analysis has been the adoption of novel technologies, notably the use of electronic monitoring of high-risk family violence perpetrators as a Family Violence Order condition (Action 28 of Same Homes, Families, Communities), and body worn police cameras. Electronic monitoring has been implemented as a joint project between Tasmania Police and the Department of Justice (Community Corrections). Section 16 of the Family Violence Act 2004 enables Tasmania Police to apply to the court for electronic monitoring as a Family Violence Order condition 12 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
for a perpetrator. The program targets high-risk family violence perpetrators, and includes monitoring of victims on an opt-in basis. Its key objectives include: To increase the safety of family violence victims and their children. To increase accountability of perpetrators and positively impact upon perpetrator behaviour. To increase the conviction rate where family violence offences are disclosed. To reduce the social and justice costs related to family violence. A recent interim review of the program (December 2019) found that there had been a demonstrable decrease in physical violence by monitored perpetrators, which was consistent with significantly improved safety outcomes for potential victims; and indicated that the program was meeting its objective of reducing incidences of family violence overall. A longitudinal study of the program, being completed by the University of Tasmania, is scheduled for release in December 2020. In May 2017, the Tasmanian Government announced the roll out of body worn cameras (BWC) to frontline police officers. BWC is an additional tool to assist police officers to perform their duties safely, to gather contemporaneous evidence and intelligence, and maintain a high level of professionalism and accountability. The use of modern BWC technology further enhances the police response to incidents of family violence, particularly taking into account the Final Report of the Victorian Royal Commission into Family Violence (the Report). The Report makes a number of recommendations including: More mobile technology for police, including cameras worn by the police to support in gathering evidence. The Report found that the use of BWC technology can support reluctant family violence witnesses through the Court process and may lead to the increase in victimless prosecutions using initial scene footage, including victim statements. 3.2. Department of Communities The Department of Communities Tasmania 3.2.1. Children, Youth and Families The Family Safety Secretariat in the Department of Communities Tasmania plays a key role in coordinating the Tasmanian Government’s policy response to family and sexual violence in Tasmania, including coordinating delivery of Safe Homes, Families, Communities. The team works with Tasmanian Government agencies, the Australian Government and community stakeholders. Primary prevention and gender equality Safe Homes, Families, Communities recognises that a comprehensive and holistic approach to family and sexual violence must involve a continuum of interdependent and interlinked strategies, where prevention efforts are integrated with early intervention and response initiatives. Primary prevention complements work undertaken in the response system. It is designed to stop violence before it starts by addressing its deep-seated drivers. Because primary prevention targets whole of population, it inevitably reaches those who are already experiencing or perpetrating violence (or who are at increased risk of doing so). As such, primary prevention also enhances early intervention and response activity by helping reduce recurrent perpetration of violence (which is Tasmanian Government Submission Inquiry into family, domestic and sexual violence 13
driven in part by similar factors to initial perpetration) and shifting attitudes and practices in service and justice systems that may inadvertently tolerate, justify or excuse family violence. Through Safe Homes, Families, Communities, the Tasmanian Government recognises and supports Our Watch and Australia’s National Research Organisation for Women’s Safety (ANROWS), as leading practitioners and research bodies in the prevention of violence against women and their children, and to improve gender equality. ANROWS has played a key role in establishing an evidence base to inform policy responses to violence against women in Australia. It remains a crucial element in the national commitment to end violence against women, producing internationally recognised research and leading the national research agenda. As outlined above, Safe Homes, Families, Communities includes funding for primary prevention and early intervention through: Action 1 – Membership of Our Watch and Action 2 – Establish an Our Watch Primary Prevention Officer in Tasmania; Action 3 – Embed Respectful Relationships education in all Tasmanian Government schools (delivered by the Department of Education); Action 4 – Support the successful National Campaign Stop It At The Start and Action 5 – Support implementation of the new National Sexual Violence Campaign; Action 6 – Continue to ensure that gender equality and respect at centre of Tasmanian State Service workplaces; Action 7 – Develop of a family and sexual violence website; Action 8 – Work with the eSafety Commissioner to deliver education and training in response to technology-facilitated abuse; Action 9 – Deliver a Problem Sexual Behaviours (PSB) and Sexually Abusive Behaviours (SAB) program for children and young people; Action 10 - Support Tasmanian Aboriginal communities to deliver targeted primary prevention and early intervention programs and to improve service delivery for Aboriginal people affected by family and sexual violence; Action 11 – Trial the Step Up adolescent intervention program; Action 12 – Strengthen the Defendant Health Liaison Service (DHLS) to provide early intervention to offenders; and Action 13 – Deliver the Men’s Referral Service. Barriers to women leaving In addition, the Tasmanian Women’s Strategy 2018-2021 provides a framework for Tasmanian Government, the private sector, and the wider Tasmanian community to take significant action to achieve gender equality in Tasmania. It identifies actions across four priority areas, which result in barriers to women experiencing family or domestic violence from leaving an abusive partner: 1. Financial security. 2. Safety; 3. Leadership and participation; and 4. Health and wellbeing Financial (in)security can be a barrier to women leaving abusive relationships, either through lack of or limited independent income, perpetrators withholding money, and adopting hostile court strategies (notably in the Family Court). In Tasmania, men take home on average $8,897 more per 14 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
year than women. A lack of superannuation and financial security during retirement is also a significant issue facing older women which may deter them from leaving abusive relationships. Many women earn less superannuation due to working part-time or casually, or not earning while on parental leave. Housing Personal safety is a major cause of homelessness in Australia, with 42 per cent of clients accessing Specialist Homelessness Services having experienced family violence. Nationally, over 50 per cent of women who left a violent partner reported that they, not their partner, moved out of the home they shared. Safe Homes, Families, Communities also includes actions that address the link between family violence and homelessness, including: Action 20 – Investing in crisis accommodation through the Affordable Housing Action Plan 2019- 2023 which includes: o investing in new homeless accommodation for men with or without accompanying children and homeless youth accommodation in the North West; o expanding accommodation services to increase support for women to move out of crisis and into stable accommodation and provide short term accommodation for young people in the North; and o co-investing in new homeless accommodation for older men, women with or without accompanying children, and men in the South; Action 21 – Deliver the Rapid Rehousing program for people experiencing family violence, which provides supported housing options for families affected by family violence, allowing them to access safe and affordable rental homes. Perpetrators can also access the program to enable victim-survivors to remain in their own homes when it is safe to do so; and Action 22 – Deliver the Keeping Women Safe In Their Homes program which provides access to security upgrades for women and children experiencing family violence so that they can remain safely in their own home or a home of their choice. Notably, the introduction of Flexible Support Packages in 2020 through Tasmanian Government funding in response to COVID-19, has enabled tailored responses to support victim-survivors leave violent relationships. Flexible Support Packages are designed to contribute to a holistic response to people experiencing family violence by providing practical supports to enhance safety and wellbeing when leaving an abusive relationship. Technology-facilitated abuse Safe Homes, Families, Communities recognises the increasing use of technology to perpetrate abuse and includes several actions in response: Action 1 – Membership of Our Watch, which includes support and promotion of campaigns to address/educate on different forms of violence. Action 3 – Embed Respectful Relationships into Tasmanian Government schools. Action 8 – Work with the eSafety Commissioner to deliver education and training in response to technology-facilitated abuse. Action 33 – Strengthen mechanisms for schools to respond to technology facilitated abuse including image based abuse. Nationally consistent data Tasmanian Government Submission Inquiry into family, domestic and sexual violence 15
The Tasmanian Government recognises that ANROWS has played a key role in establishing an evidence base to inform policy responses to violence against women in Australia. The National Outcome Standards for Perpetrator Interventions (NOSPI) is a set of outcomes-focused standards designed to drive reform across the perpetrator system, improving the way the system works together to ensure: there is confidence that the system works, and that family, domestic and sexual violence is being recorded and dealt with appropriately; the system is accountable to the public; and the system reduces violence by making sure that perpetrators are held to account and face consequences for their violence, as well as providing services to work with them to change attitudes and behaviours. The complexity of data collection across jurisdictions with differing definitions, legal responses, and data sources restricts annual data reporting information under NOSPI. For instance, its current report does not make national comparisons or between jurisdictions. It does however, provide an opportunity to compare individual jurisdictional data over time. Perpetrator intervention programs Research suggests that violence occurring in families may be a strong predictor of other violence, with many adult perpetrators having experienced some form of familial violence. Violence young offenders may come from homes where familial and family violence has occurred. To address this, the Tasmanian Government is trialling ‘Step Up’ an early intervention program for young people that aims to assist them to understand the consequences of violent behaviour; strengthen family and intimate relationships; and provide referral pathways to other specialist services (Action 11 - Safe Homes, Families, Communities). The program is delivered to streams for young people aged between 12 and 17 years and also engages parents to support behaviour change in young people. The Tasmanian Government is also currently developing a therapeutic program to address harmful sexualised behaviours in children and young people (Action 9 - Safe Homes, Families, Communities). The program will provide services from early intervention through to tertiary interventions, including working with those who are engaged with the criminal justice system and/or who display violent or aggressive behaviours and who are often excluded from existing intervention programs. The impact of natural disasters and stakeholders The Department of Communities Tasmania is developing a resource on raising awareness between the correlation between family violence and emergencies. This resource will be available online and will be accessible to individuals with emergency management roles and those who play a part in the response phase of an emergency. The Department of Communities Tasmania works closely with government agencies and family and sexual violence community sector organisations to ensure the views and experiences of frontline services are captured. For example, a Family And Sexual Violence Sector Group was established and has met on a fortnightly basis since March 2020 to provide a forum for issues relating to COVID-19 and its impacts on the sector. 16 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
3.2.2. Family Violence Counselling and Support Service The Family Violence Counselling and Support Service (FVCSS) is a partner in the Tasmanian Safe at Home initiative. FVCSS works together with Tasmania Police, the Court Support and Liaison Service and other key agencies to contribute to a violence free community. The FVCSS provides the following services • Information, counselling and support • Information and support to family and friends • Arranging assistance from the police. • Assistance in organising a safe place to stay • Assistance in accessing limited financial assistance • Referrals to Legal Aid and/or Court Support • Act as an advocate in accessing assistance, e.g. Housing Tasmania, Centrelink • Liaison with Government and non-government sector on behalf of clients • Participation in weekly case coordination with other Safe at Home providers. • Therapeutic services, individually and in groups. The Family Violence Counselling and Support Service is available to anyone who needs support or information because their partner or ex-partner is or has been violent or abusive to them. People can self-refer, or be referred by another person or service. Services are available to people in heterosexual and same-sex relationships. In Tasmania, family violence is seen as a form of child abuse under child protection legislation. Children and young people are often affected by family violence. As well as providing the above services through their Adult Program, FVCSS deliver the Children and Young Persons Program (CHYPP) where they help children and young people express and resolve their feelings about family violence under a therapeutic model that includes: • Play • Writing activities • Games • Art and drawing • Books • Sand Play • Group work 3.2.3. Housing The Family Violence Act 2004 introduced the legislative framework for addressing family violence in Tasmania and was instrumental in improving service delivery and service coordination. It also provided an improved ability for police to enter a property and to arrest without warrant a person suspected of committing family violence and to issues orders for offenders to vacate and/or not Tasmanian Government Submission Inquiry into family, domestic and sexual violence 17
return to a premise. Importantly, it improved the ability to act in the best interest of safety and wellbeing of affected person or child. As noted above, the Safe Homes, Safe Families introduced the Rapid Rehousing program. This was designed on the successful Rapid Rehousing program from New South Wales as a model for implementation. Family Violence Rapid Rehousing enables vulnerable households experiencing family violence to quickly access a safe and affordable private rental home. It provides transitional accommodation for 12 months with subsidised rent. The program is available for both victims and perpetrators of family violence. This is consistent with the intent of the Family Violence Act 2004 that includes the ability to remove perpetrators from the home and to implement an Order to not return to the premise. It ensures that the affected victim and/or family is able to stay in their own home when it is safe to do so. The Family Violence Rapid Rehousing program was initially introduced to provide 50 rental properties to enable families to move into secure, supported accommodation. Under Safe Homes, Families, Communities, the Rapid Rehousing program was expanded and around 250 households have been assisted at the end of June 2020. Recent research by the Australian Housing and Urban Research Institute (AHURI)1 considered the Rapid Rehousing program in Tasmania and found that this type of model is good practice in terms of alleviating pressure on the social housing system and providing access to housing to vulnerable women that they otherwise would not have had. Such initiatives provide a pathway into the private rental market. The success of the Rapid Rehousing program in Tasmania has resulted in the program being extended to other vulnerable cohorts including ex-prisoners and clients exiting Mental Health Services inpatient units. The Rapid Rehousing model operates very effectively based on the coordination and positive relationships between the organisations involved. AHURI research identified that good housing outcomes for people experiencing family violence are associated with connected and collaborative approaches, consistency of practice and capacity building with non-specialist agencies. The effectiveness of a well-coordinated services system is underpinned by good relationships. They also found that a positive relationship with a support worker is conducive to good outcomes for clients. The Rapid Rehousing program in Tasmania demonstrates collaborative relationships across government and non-government organisations. This includes the Department of Communities, private landlords, community housing providers and Housing Connect. Properties are leased by the private rental market from community housing providers who manage the residential tenancy agreement with tenants. Housing Connect identify suitable applicants that are matched to appropriate properties in liaison with the community housing provider. There is a Family Violence Worker in each region located within Housing Connect Front Door services who provide intake and assessment services and assess suitable applicants. 1 Flanagan, K, Blunden, H, valentine, k, and Henriette, J. Housing outcomes after domestic and family violence. From the AHURI Inquiry, Integrated housing support for vulnerable families. For the Australian Housing and Urban Research Institute. April 2019. 18 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
Access to safe, appropriate and affordable housing is a key element in ensuring good outcomes for people experiencing family violence. In Tasmania, the Housing Assessment Prioritisation System (HAPS) is used to assess housing need and it ensures that people escaping from family violence are given priority under this model. Households escaping from family violence with an existing housing application are assessed as Priority Applicants under HAPS. Perpetrators with an existing housing application may or may not have priority status. Participation in the Family Violence Rapid Rehousing initiative will not affect the social housing application status of applicants experiencing family violence. Tenants exiting out of the Family Violence Rapid Rehousing can have a priority exiting status under the HAPS if applying for social housing and will be eligible to apply for Private Rental Assistance. Discretion may also be applied to applicants experiencing family violence who may not meet social housing eligibility requirements (such as income and asset limits). Additionally, the circumstances of the applicant may be reviewed if there are previous debts associated with arrears or damage of properties that were family violence related. The Housing Assessment Prioritisation System (HAPS) considers safety issues broadly as sexual abuse, domestic and family violence, non-family violence and children exposed to abuse or neglect. Applicants are assessed as Priority Applicants if they have one of these safety issues. Tasmania participates in the national Specialist Homelessness Services data collection. Data is collected through the information system and data items recorded in the Specialist Homelessness Information Platform (SHIP). This includes data collection for people who are assisted with main and all reasons for assistance that identify domestic and family violence. The data collection also identifies if assistance is provided, not provided or referred and related to domestic and family violence. This is a nationally consistent data collection that is overseen by the Australian Institute of Health and Welfare. This ensures there is data available to identify trend analysis of family violence and homelessness, and to implement any policies or services to respond to trends if required. In Tasmania, there is a separate component of SHIP-TAS that has been designed with the information system developers (InfoXchange). This records data for Housing Register applicants and identifies if applicants have experienced family violence. Data is integrated with the Housing Management System (HMS) that manages application, tenancy and property information for social housing. This enables applicants to be matched with appropriate properties that meet their needs. Housing and homelessness services in Tasmania are available to women and families of various backgrounds experiencing family violence as required. The Specialist Homelessness Service data collection records data on Aboriginal and Torres Strait Islander women, country of birth and people living with disability. Data is available to identify trend analysis of family violence and homelessness, and to implement any policies or services to respond to trends if required. According to most recent Specialist Homelessness Services data (to end March 2020), there was a slightly higher number of support periods related to family violence between July 2019 to March 2020 (1,272), when compared to the same period from July 2018 to March 2019 (1,233). In March 2020, the Specialist Homelessness Service data collection also commenced recording data on COVID-19 as a reason for seeking assistance. However, this data is preliminary and has not been approved for release by the Australian Institute of Health and Welfare (AIHW) due to potential issues with comparability across jurisdictions. Tasmanian Government Submission Inquiry into family, domestic and sexual violence 19
From March to June 2020 the number of applicants on the Housing Register who have applied for social housing has significantly decreased from 3 578 to 3 373 applicants. This may be associated with a greater number of properties becoming available in the private rental market with short term accommodation reverting to long term accommodation. It also could be associated with fewer people submitting housing applications during isolation periods. Anecdotally, homelessness services have reported a higher incidence of family violence experienced by clients since the commencement of the COVID-19 pandemic. At the start of the COVID-19 pandemic services reported having less clients present than usual, however it appears that this was because women may have had difficulty accessing support services and seeking help when isolating at home. Housing Connect services reported in May 2020 that the number of women and children accessing services who were escaping violence was increasing. The Tasmanian Government has increased capacity of existing shelters, and also made additional brokerage funding available for emergency accommodation during the COVID-19 pandemic. Housing Connect services reported that this increase in resources was having a positive impact on the ability to assist clients. 3.3. Department of Justice As outlined above, the Department of Justice is lead coordinator of the Safe at Home service system, underpinned by the Family Violence Act 2004. Outputs within the Department that contribute to Safe at Home include Community Corrections, the Legal Aid Commission of Tasmania, the Office of the Director of Public Prosecutions, Office of Strategic Legislation and Policy, the Court Support and Liaison Service, the Magistrates Courts, Victim Support Services, Family Violence Counselling and Support Service, and Safe at Home Prosecutors. In response to COVID-19, $1.9 million was allocated to Safe at Home, to support improved efficiency of the service system. Between 27 April and 30 June 2020, the Safe at Home Coordination Unit administered flexible support package funding to 41 victim-survivors of family violence. These packages provided assistance for a wide range of needs, including assisting four victim-survivors to relocate interstate, assisting 23 victim-survivors with purchasing furniture and whitegoods for new homes after they had fled or were planning to flee an abusive relationship, assisting ten victim- survivors to relocate within Tasmania through the provision of funding for removalist costs, bond deposits and/or upfront rent payments and supporting five victim-survivors to achieve financial independence through the provision of funding to pay outstanding debts incurred as a result of living in an abusive relationship. 3.3.1. Community Corrections Introduced in Tasmania through the Safe at Home Program, the Family Violence Offender Intervention Program (FVOIP) is delivered by the Department of Justice, Community Corrections since 2007. FVOIP is a court mandated program. It uses motivational interviewing techniques and cognitive behavioural principles to assist offenders take responsibility for their offending, as well as supporting offenders to develop skills for challenging distorted cognitions, emotion regulation and interpersonal skills. The aim is to reduce the risk of re-offending through behavioural and attitudinal change. An offender is eligible for referral to the program if assessed as high risk of re-offending as 20 Tasmanian Government Submission Inquiry into family, domestic and sexual violence
measured by the Spousal Assault Risk Assessment (SARA). Subsequently all offenders referred are subject to a Community Corrections Order and are supervised by a Probation Officer for the entirety of their time on the program.Family Violence Offender Intervention Program (FVOIP) has undergone two evaluations, 2014 and 2017. The 2014 evaluation found the following; Family violence offenders, who completed FVOIP, self-reported a significant reduction in the use of physical and psychological abuse toward their victim following completion of FVOIP; Following completion of FVOIP, offenders demonstrated a tendency to blame their victims less and took greater responsibility and acknowledgement for their offences than they had on initial presentation to Community Corrections; Probation Officers who worked directly with family violence offenders reported that offenders presented with a greater acknowledgement of their history of offending; took greater responsibility; engaged in less victim blaming; and reduced their substance use after program completion. This research project focused on the individual changes offenders made in response to FVOIP; however it did not look at whether these changes reduced an offender’s risk of re-offending. In 2017, through National Outcome Standards for Perpetrator Interventions (NOSPI) funding a review of the Family Violence Offender Intervention Program (FVOIP) was undertaken by the Tasmanian Institute of Law Enforcement Studies and School of Psychology, UTAS. Findings of the review were delivered in 2018. Results of the study indicate that completion of the program as delivered resulted in “significantly lower levels of family violence reoffending” and “fewer types of family violence behaviours being perpetrated” by participants when compared to a similar sample of offenders who had not undertaken this intervention. As a result of the COVID-19 pandemic, Community Corrections had to transition to support remote supervision practices, including the use of videoconferencing. This ensured that case management and interventions could continue while reducing the risk of COVID-19 transmission. Community Corrections has returned to face-to-face contact and program delivery, but will incorporate remote practice in its suite of interventions as appropriate. Under a Service Level Agreement between the Department of Police, Fire and Emergency Management and Community Corrections, the Monitoring and Compliance Unit (MCU) provides 24- hour, seven-day-a-week monitoring of family violence perpetrators subject to family violence orders with electronic monitoring conditions, and victims who have volunteered to carry an electronic monitoring device. An alert is raised in the MCU when a perpetrator is in close proximity to a prohibited geographical area, or has breached a condition of their FVO. The MCU commenced its family violence monitoring services on 1 April 2019. 3.3.2. Strategic Legislation and Policy The Tasmanian Government has been responsive to emerging evidence around forms of family violence since introducing Safe Homes, Safe Families. ‘Strengthening our legal responses’ is a key priority under Safe Homes, Families, Communities, and follows a significant reform agenda since the introduction of our first family violence action plan in 2015. Under Safe Homes, Families Communities, Action 25: Introduce mandated behaviour change program participation as part of a Family Violence Order is due for introduction in early 2021, along Tasmanian Government Submission Inquiry into family, domestic and sexual violence 21
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