Family life, marriage and violence against women
14.1 The Australian Government is committed to supporting the needs of Australian families. Families need to be supported in their efforts to balance the pressures of work and family life. The Government is committed to strengthening family life by ensuring access to health services, educational opportunities, modern infrastructure and community services.
14.2 The Australian Government has zero tolerance towards violence against women, supports women and children affected by violence, and provides services to help them recover from their experiences. In 2008, the Australian Government announced the formation of a national council charged with the responsibility for providing expert advice to Government on measures to reduce the incidence and impact of domestic and family violence and sexual assault on women and their children. The National Council is developing an evidence-based National Plan to Reduce Violence against Women and their Children, a draft of which is due to be delivered in December 2008.
Protecting and improving family life
14.3 The Australian Government has continued its strong support for families. During the reporting period, economic, tax and welfare reforms, and social assistance packages have been implemented that have helped improve the standard of living for families. The 2008-09 Budget delivered a $55 billion working families package comprising targeted initiatives in tax, child care, education, housing, and other essential components of family budgets. For more information about support for families, see paragraphs 9.31 to 9.34 and 11.21 to 11.35.
14.4 A key priority for the Government is to develop policy that achieves a balance between increased labour force participation and optimal child development. In 2007, the Office of Work and Family in the Department of the Prime Minister and Cabinet was established to undertake policy analysis, research and public engagement to improve economic and social outcomes for families. For more information about the Office of Work and Family, see paragraph 2.28.
14.5 The Australian Government is taking the lead in working with state and territory governments and the community sector to develop a national framework for protecting Australia's children, recognising that the safety and wellbeing of all Australian children is an issue that demands the attention of all levels of government. The framework, expected to be considered by COAG in December 2008, will clarify roles and responsibilities, and is likely to include practical, concrete actions to be undertaken by governments and community groups to better protect children. The framework is likely to focus on stronger prevention and early intervention strategies to better support vulnerable children and families. Better collaboration within and between governments will also be a priority. The framework is also likely to address issues for particular parts of our community, including children in out of home care and Indigenous children.
14.6 In 2004, the Stronger Families and Communities strategy was renewed and allocated $490 million over four years to continue to encourage communities to develop new ways to strengthen families, with an emphasis on early childhood development. The Early Childhood-Invest to Grow initiative received $70 million for early childhood programs. In 2005, extra funding was also provided to extend the Communities for Children and Local Answers strategy.
14.7 The Australian Government funds community-based organisations to provide Specialised Family Violence Services, which support families affected by family violence at various life stages-before marriage, during marriage, separation, divorce, remarriage, re-partnering, parenting, and retirement. These services are located in every state and territory in a range of rural, regional and metropolitan locations. The services offered include information and referrals, education, skills training, counselling, family therapy, behaviour change groups, and other support to people affected by family violence, as well as help for perpetrators of violent or abusive behaviour to change.
14.8 The National Action Plan to Build on Social Cohesion, Harmony and Security is a partnership between the Australian and state and territory governments, which addresses marginalisation and promotes dialogue among all Australians. The National Action Plan to Build on Social Cohesion, Harmony and Security specifically recognises the importance of supporting Muslim Australian women as strong and effective community leaders and includes projects that aim to engage them in dialogue about human rights and responsibility principles, the domestic framework for promoting racial, religious, cultural and gender equality in Australia and the legal remedies available for discrimination and vilification.
Rights to enter marriage and rights within marriage
14.9 Since Australia's last report on CEDAW in 2003, no major changes in relation to marriage rights have taken place. For discussion about the definition of marriage, see paragraph 335 of Australia's Common Core Document, June 2006.
Same-sex relationships
14.10 The Australian Government believes that people are entitled to respect, dignity and the opportunity to participate in society and receive the protection of the law regardless of their sexuality, but does not support any legislation that mimics marriage or undermines existing laws that define marriage as being between a man and a woman.
14.11 The Australian Government is removing discrimination against same-sex couples and their children in Commonwealth laws. Following these reforms, same-sex relationships will be treated in the same way that opposite-sex de facto relationships are treated for the purposes of Commonwealth entitlements and programs. The general areas of laws that will be reformed include taxation, superannuation, social security, health, aged care, veterans' entitlements, workers' compensation, employment entitlements, immigration and other areas of Commonwealth administration.
14.12 The Australian Government has introduced legislation to allow de facto couples, including same-sex couples, to have their disputes about property upon relationship breakdown dealt with by the same federal courts that deal with these issues for married couples. This is likely to particularly benefit women as the current state- and territory-based laws do not accord the same rights to de facto couples as the Family Law Act 1975 does for married couples.
14.13 These laws were identified in the landmark Australian Human Rights Commission report, Same-Sex: Same Entitlements, and through an audit conducted by the Attorney-General's Department.
14.14 Several state and territory governments have implemented legislation addressing same-sex relationships. The Australian Capital Territory Government passed a Civil Partnerships Act 2008 in May 2008. Couples in the Australian Capital Territory, irrespective of the gender of either person, can enter into a legally recognised civil partnership and publicly affirm their commitment to each other.
14.15 In June 2008, the New South Wales Parliament passed the Miscellaneous Amendments (Same Sex Relationships) Act 2008. The Act, which commenced on 22 September 2008, amends various pieces of New South Wales legislation to give equal rights to people in same-sex relationships, and their children.
14.16 The Tasmanian Government's Relationships Act 2003 provides legal recognition of significant personal relationships, including same-sex and caring relationships.
14.17 The South Australian Government introduced the Statutes Amendment (Domestic Partners) Act 2006 in 2006 which recognises non-married couples as a couple for legal purposes. Same sex de facto relationships are covered by the Act, as are people who live together as close companions or life partners, whatever their sexual relationship.
14.18 The Western Australian Government introduced the Acts Amendment (Lesbian and Gay Law Reform) Bill 2001, amended The Criminal Code and repealed the Law Reform (Decriminalisation of Sodomy) Act 1989 giving same-sex attracted individuals legal recognition in areas including anti-discrimination protection, inheritance rights, stamp duty exemption, a system for property division, accident and workers compensation, partner's state superannuation, recognition as next of kin, access to adoption, access to reproductive technology, and recognition as a parent of a non-biological child in some cases.
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Rights and responsibilities in relation to children
14.19 The Australian Government Child Support Agency manages the Child Support Scheme, which assists separated parents take responsibility for the financial support of their children.
14.20 Following a recent review of child support policy, Australia changed the scheme to ensure that it works in the best interests of children, takes into account the circumstances of both parents, and focuses on the needs and costs of children.
14.21 The scheme's changes aim to support shared parental responsibility, reduce conflict between parents about parenting arrangements, and ensure child support is paid in full and on time. Under the changes, the amount of child support payments is now based on:
- independent research into the costs of raising children
- the combined income of both parents
- the treatment of both parents' income in the same way
- consideration of both parents' contributions to the cost of their children through care and contact
- treatment of children of first and second families more equally.
14.22 In 2006, the Australian Government introduced amendments to its Family Law Act 1975, which included a new emphasis on the right of the child to know both parents and be protected from harm. The reforms reflected a presumption of shared parental responsibility after separation where this is in the child's best interests. They also include a compulsory dispute resolution requirement before parenting matters can be filed in court, with exceptions to ensure safety of all parties, particularly when there are allegations of family violence.
14.23 There is also a range of amendments to the counselling and dispute resolution provisions in the Act to better ensure that separating and divorcing parents have access to quality family counselling and dispute resolution services. The Australian Government is preparing new accreditation rules for family dispute resolution practitioners to take effect from 1 July 2009. These rules will require practitioners to have competencies in working with vulnerable parties and responding to family and domestic violence.
Preventing and reducing violence against women
14.24 The Australian Government has zero tolerance towards violence against women and the priority is to reduce violence against women in all its forms. The 2008 Australian Crime and Violence Prevention Awards, a joint initiative of the Australian, State and Territory Governments, rewarded six projects that focussed on the prevention of domestic violence, youth and alcohol-related crime.
14.25 In 2005, the Australian Government Office for Women commissioned the Australian Bureau of Statistics to conduct a personal safety survey to collect information from a large sample (11,000 women and 4,500 men) about their experiences of violence. The survey found that around one in three Australian women experience physical violence and that almost one in five women experience sexual violence over their lifetime. It is also recognised that Aboriginal women are 40 times more likely to be a victim of family violence compared with other Australian women. International studies estimate that more than 80 per cent of women with intellectual disabilities have experienced some form of sexual abuse throughout their lifetime, and that women with disability are assaulted, raped and abused at least twice the rate of women without disability.121
14.26 A study undertaken by Access Economics, The Cost of Domestic Violence to the Australian Economy, stated that domestic violence cost Australia over $8 billion in 2002-03 (including social costs and costs to the public and private sectors).122
14.27 Through the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, the Australian Human Rights Commission has undertaken significant work to promote the human rights of women and children experiencing family violence and abuse. The Commission developed human rights principles for addressing family violence and abuse in Indigenous contexts, delivered community education and training around Australia, and published 'promising practices' of work being done to address family violence through the Commissioner's Annual Social Justice Report to the Parliament of Australia.
Violence Against Women: Australia Says NO campaign
14.28 In 2004, the Australian Government launched the Violence Against Women: Australia Says NO campaign. This included a media campaign and a national telephone help line. The help line received more than 85,000 calls between 2004 and 2008.
14.29 In 2005, the Government launched the Women's Safety Agenda to address the issues of domestic violence and sexual assault. The agenda included funds for training nurses and Indigenous Health Workers in regional and rural areas to help them identify and respond to domestic and family violence and for training the criminal justice sector to the sensitivities that accompany women's experiences of sexual assault.
14.30 In 2006-07, the Government provided grants to community-based organisations under the Domestic and Family Violence and Sexual Assault initiative to gather input for developing policies on domestic violence and sexual assault in Australia.
National Council to Reduce Violence against Women and their Children
14.31 In 2008, the Australian Government announced the formation of a national council to provide advice to government on how to reduce the incidence and impact of domestic and family violence and sexual assault on women and their children.
14.32 In addition to delivering an evidence-based draft National Plan by December 2008, the National Council is providing leadership and guidance to achieve implementation of key elements of the Government's election commitments to improve women's safety. These commitments include:
- Advocacy and education activities promoting non-violent relationships with women throughout regional and rural communities.
- The Australian Government has invested an additional $250,000 per year for four years (from 2007-08) to support White Ribbon Ambassadors expand their reach and influence into regional and rural communities.
- Engaging with Australia's youth, particularly teenage boys, to promote attitudes and behaviours that enable them to maintain respectful relationships.
- The Australian Government has invested in social research with young people to inform the design of programs that will positively influence the attitudes and behaviours of high school students, especially boys. It will pilot programs from 2009 across a broad range of educational and social contexts to build evidence about which interventions are most effective in achieving attitude and behaviour change.
- Partnering with state and territory governments to identify best practice domestic violence and sexual assault laws and systems of response, in working to achieve greater harmonisation and consistency in the implementation of best practices.
- The Australian Government has provided funding to the Australian Government Solicitor to audit domestic violence and sexual assault laws and identify best practice opportunities for consideration by Attorneys-General across jurisdictions.
- Investing in research focused on domestic violence related homicides through the National Homicide Monitoring program, to inform interventions that will protect women and their children from violence.
- The Australian Government has boosted Australian Institute of Criminology funding to enhance the National Homicide Monitoring program. Work is progressing to identify individual and situational risk factors associated with domestic violence related homicides and identify early intervention and preventative strategies for high-risk individuals and communities, including Indigenous communities.
- Undertaking research to identify models and programs that are most effective in working with perpetrators of violence, to reduce their violence and its impacts on women and their children.
- The Australian Domestic and Family Violence Clearinghouse has been funded to undertake new primary research on the effectiveness of financial support options for women fleeing domestic violence. The Australian Centre for the Study of Sexual Assault has been funded to undertake research into perpetrators' potential grooming strategies. The National Council is also designing a program of research and targeted consultation to establish the efficacy of practice models used to work with perpetrators and reduce their violence against women.
14.33 In addition to these election commitments, the Government is also:
- building evidence to inform the development of housing responses for women and their children fleeing domestic and family violence
- enabling specialist domestic violence and sexual assault service providers, through the Women's Services Network and the National Association of Services Against Sexual Violence, to pilot and evaluate innovative perpetrator treatment programs.
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State and territory government strategies to reduce violence against women
14.34 State and territory governments have implemented a range of strategies and programs to combat violence against women in their own jurisdictions.
14.35 The Tasmanian Government has implemented the Safe at Home initiative, which includes a variety of services working together to provide crisis response, counselling, legal assistance, court support, and intervention programs for offenders.
14.36 South Australia released its Women's Safety strategy in 2005, which is supported by a whole-of-government reference group and individual working groups created to develop responses to specific areas of need. These areas include Indigenous family violence, the impact of violence on women and employment, and violence against women from culturally and linguistically diverse backgrounds. The strategy has funded a number of community projects which address the diversity of South Australia's women, including rural, Indigenous, migrant and older women.
14.37 Queensland's Coordinating Efforts to Address Violence Against Women 2002-05, outlined in Australia's 2003 report, has now been carried forward into a new whole-of-government framework called the Women in the Smart State Directions Statement 2003-08. The framework is helping to improve existing responses to women and girls experiencing violence.
14.38 The Victorian Government independently evaluated its Women's Safety Strategy 2002-07. The evaluation endorsed this policy approach, which will continue to guide women's safety in Victoria in the future. In addition, Victoria is developing a violence against women and children prevention plan. This plan will focus on preventing violence before it occurs. Importantly, responses to violence, such as holding perpetrators accountable and improved protection for women, will be linked into the prevention plan. Both prevention activity and responding to violence will emphasise a strong anti-violence message to the community. Victoria will continue to work in partnership with non-government organisations through the statewide Steering Committee to Reduce Family Violence and the Statewide Steering Committee to Prevent Sexual Assault.
14.39 In February 2008, the New South Wales Government announced a new approach to tackling violence, which builds on work commenced under its Violence Against Women strategy. The new strategy includes a central violence prevention coordination unit to provide strategic coordination of statewide domestic and family violence initiatives, including projects that address the needs of Indigenous women, and a stronger regional focus by positioning regional coordinators in the police force. In 2004, New South Wales established the Criminal Justice Sexual Offences Taskforce to examine issues of sexual assault and how it is prosecuted. To date, all of the taskforce's legislative recommendations have been implemented. Reforms range from a clear definition of consent, and strategies to reduce the trauma to complainants of giving evidence in court. Court statistics show that between 2004 and 2006 the percentage of accused sex offenders found guilty increased from 35 per cent to 49 per cent.123
14.40 Western Australia's Family and Domestic Violence State Strategic Plan identifies three priority areas that underpin its strategic framework: prevention, protection and provision. The plan is currently being updated and, building on the previous plan, the Strategic Plan 2009-13 will be underpinned by principles that prioritise victim safety and perpetrator accountability. The plan will focus on a targeted approach to the integration of service delivery that is supported by a comprehensive community awareness campaign.
14.41 The Western Australian Office for Women's Policy, Department for Communities recently established the Western Australian Women's Safety Framework to address the safety of women in Western Australia. This includes the risks to infants, girls, young women, adult women, and seniors, including Aboriginal women and children. The aim of the framework is to provide the foundation for how long-term policies and practical outcomes will be developed and to provide a basis for collaboration across agencies for sustainable safety improvements.
Legal framework
14.42 State and territory governments have responsibility for laws relating to domestic violence and sexual assault and there are significant variations between the laws. The CEDAW Committee's 2006 Concluding Comments in paragraph 19 recommend Australia fully and consistently implement and enforce laws on violence against women. Recognising the need for national leadership to ensure state and territory laws are consistent, the National Council to Reduce Violence Against Women and their Children will consider how to better harmonise state and territory laws. For more information about the national council, see paragraphs 14.31 to 14.33.
14.43 Since 1975, the Family Court of Australia (a federal court) has continued to deal with issues relating to families and children. For more information about the Family Court, see paragraphs 13.3 to 13.4.
14.44 The Family Court has been instrumental in providing leadership and uniformity in tackling domestic and family violence issues, in particular, their impact on children. The court's Family Violence strategy addresses issues such as safety and security, providing information, staff training and induction, case management and mediation, and expert witnesses.
14.45 Several of the 2006 amendments to the Australian Government's Family Law Act 1975 assist courts when family violence allegations are made. They include less adversarial processes, deadlines for considering cases when family violence or child abuse issues are raised, and the ability to require state and territory child welfare agencies to provide reports on allegations of child abuse and family violence.
14.46 Over the past five years, state and territory governments have worked to strengthen and improve their legislation addressing violence against women.
14.47 Examples include New South Wales, where the Bail Act 1978 was amended in 2003 to provide additional protection for women who face repeated domestic violence incidents-if a person accused of a 'serious personal violence offence' has previously been convicted of such an offence, they will not be granted bail unless there are exceptional circumstances. The Government has also passed new legislation, which allows for identification of domestic violence offences on a person's criminal record-the Crimes (Domestic and Personal Violence) Act 2007.
14.48 The Victorian Government's Family Violence Protection Act 2008 allows women and children to remain in the family home following a violent incident while the perpetrator is removed. The Act also restricts cross-examination of victims by unrepresented defendants in family violence matters in court. Under the Crimes (Family Violence) (Holding Powers) Act 2006, police are now able to detain a person suspected of family violence for up to six hours. The Victorian Government also legislated two Acts to address sexual offences in 2006 and introduced the Crimes Amendment (Rape) Act 2007. The Acts make significant amendments to the provisions applying to sexual offences in Victoria and make it easier for witnesses to give evidence in sexual offence trials.
14.49 The South Australian Parliament passed a number of Acts in 2008, namely:
- The Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008-which reforms many offences, including persistent sexual abuse, unlawful sexual intercourse, incest, and offences with animals. Rape is defined more comprehensively, including a continuation of sexual intercourse when consent is withdrawn. It also introduces a new offence of compelled sexual activity and defines reckless indifference to consent to sexual acts, as well as consent to sexual activity.
- The Statutes Amendment (Evidence) Act 2008-which reforms laws about the special arrangements that may be made for witnesses giving evidence, particularly from vulnerable witnesses including children and victims of serious offences. The Act reforms the way witnesses may be questioned, the manner in which judges warn or direct juries about the evidence of children, and restricts access to sensitive material that is to be used as evidence. The amendments also enable a victim to read impact statements by pre-recording them or for a representative to read them.
- The Victims of Crimes Act 2001 provides for an independent statutory officer-the Commissioner for Victim's Rights-who is able to require a public agency or official to consult with him or her about steps the agency or official might take to further the interests of victims. After this consultation, the Commissioner may recommend that the agency or official issue a written apology to the victim. The Commissioner is required to have regard to the wishes of the victim.
14.50 Tasmania introduced the Family Violence Act 2004, which implements the Government's Safe at Home Family Violence Policy. Among other things, the Act created protective orders that Tasmania Police or the Magistrates Court can issue, and two new offences, that of economic abuse, and emotional abuse or intimidation. These offences are in addition to the existing personal violence offences of assault, aggravated assault, indecent assault, stalking, and various sexual assault offences in other legislation. The Act also provides for rehabilitation program orders, which require offenders to attend a structured family violence treatment program. Tasmania is currently reviewing its Family Violence Act and the Safe at Home policy.
14.51 The Northern Territory Government introduced the Victims of Crime Assistance Act 2006 to establish schemes to help victims of violent acts with counselling and financial assistance. The Northern Territory Domestic and Family Violence Act 2007 (not yet commenced) is an Act to provide for the protection of people in a domestic relationship against violence. The legislation will simplify the processes associated with domestic violence orders to protect women and children.
14.52 In Western Australia, the Acts Amendment (Family and Domestic Violence) Act 2004 was proclaimed on 1 December 2004. The Act amends three pieces of legislation: the Restraining Orders Act 1997, The Criminal Code, and the Bail Act 1982 in order to afford greater protection to victims of family and domestic violence, with a particular focus on the needs and protection of children. Major changes include defining a family and domestic relationship to differentiate between act of family and domestic violence and act of personal violence. The Act includes ongoing emotionally abusive behaviour as a ground for a restraining order and recognises much more clearly the seriousness of the impact of family and domestic violence on children as both direct and indirect victims. Several amendments based on this recognition afford increased protection to children. The Act removes consent as a defense to breaching an order and in cases of a conviction for a violent personal offence victims will automatically be granted a life-long violence restraining order against the offender. The Act assigns police an obligation to investigate acts of family and domestic violence and gives stronger powers to police including the ability to take out 24- and 72-hour orders to remove a perpetrator of violence. The legislation has been reviewed and a report containing recommendations has been tabled in Parliament.
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Legal assistance and improved court processes
14.53 State and territory governments provide legal assistance to victims of violence through their legal aid programs. Some governments have also introduced court procedures to expedite the complaint through the court system and provide better support for victims.
14.54 The Queensland Government's legal aid program has a specialist domestic violence unit providing domestic violence information, advice and representation predominately to women. Additionally, Legal Aid Queensland has developed the Indigenous Family Conferencing program, which aims to enhance access to family law (mediation) conferences for Indigenous clients to improve resolution of family law disputes, and to help avoid litigation and involvement of other agencies in disputes.
14.55 In New South Wales, the legal aid program funds the Domestic Violence Solicitor Scheme. The scheme provides specialised legal representation to female Apprehended Domestic Violence Order applicants through a grant of legal aid or on a pro bono basis. Under the legal aid program, the Government is currently developing an integrated criminal, family and civil law service delivery strategy aimed at improving the level, range and quality of legal services provided to people experiencing domestic violence. New South Wales has also implemented the Domestic Violence Integrated Court Model, which is designed to improve and expedite the treatment of domestic violence complaints in the court system. Following an evaluation, the New South Wales Government is expanding successful elements of the model to rural, regional and metropolitan locations across the state. The Women's Domestic Violence Court Advocacy program currently funds Women's Domestic Violence Court Advocacy Services across New South Wales. The program helps women and children obtain legal protection from domestic violence from local courts through a system of legal representation, specialised assistance and referrals to appropriate services for other legal and social/welfare needs. In 2009-10, a 64 per cent funding increase will lead to delivery of a more equitable range of services in terms of geographic access and access by specific client groups, such as Indigenous women and children, and women and children from culturally and linguistically diverse backgrounds.
14.56 The Victorian Government has invested $75 million since 2005 to combating violence against women. Of this funding, around $5 million supported court-focused initiatives, including Specialist Family Violence Services at four locations with specialist magistrates, court staff and police prosecutors; and the Workforce Development strategy, which trains magistrates and court staff in best practice in family violence matters. In 2004, the Victorian Government announced a further investment of $34.2 million to reform the state's response to sexual assault. The main objectives of the reforms are to strengthen and improve the criminal justice system response to sexual assault cases, through specialisation, prevention and early intervention approaches to sexual assault, and improved support for and responsiveness to the needs of sexual assault victims. An extra $8 million was allocated in 2008-09 for a specialist sexual assault prosecution unit in a regional city and video conferencing facilities in other areas of regional and rural Victoria.
14.57 A number of strategies have been implemented to ensure state and territory police services are equipped to better deal with violence against women. For example, the Victorian Government introduced the Victoria Police Code of Practice for Investigation of Family Violence, which provides options and direction on how police should respond to reports of family violence. From July 2004 to June 2005, the number of charges laid by police resulting from family incidents increased by 73.2 per cent, the number of family violence reports rose by 5.4 per cent, and the number of intervention orders sought by police increased by 72.2 per cent.
14.58 The Queensland Police Service established a domestic and family violence unit in October 2007. A domestic and family violence strategy, which takes a proactive approach to investigating domestic and family violence, has been approved for the police service.
14.59 South Australia Police has contributed to development of a domestic violence strategy to more effectively respond to domestic violence by building successful partnerships, recognising diversity, and working with the community to prevent domestic violence. The policing strategy emphasises the importance of intervention, ensuring the safety of victims, and delivering effective responses to prevent further harm. The overall strategic approach seeks a balance of education, enforcement and victim support.
14.60 Western Australia's first specialised Family Violence Court was set up in 1999 to deal exclusively with family violence matters. The court offers family violence support services to help victims with family violence and court matters, aiming to break the cycle of violence by providing the option of programs to address the offender's violent behaviour before sentencing. The service includes members from the Department of Corrective Services, Western Australian Police, Relationships Australia, Victim Support Service and the Department for Child Protection. A specialist case management team and the police domestic violence investigation unit, support the court's operation. The Family Violence Court model is being expanded to a further six locations within the metropolitan area.
Data on violence against women
14.61 The statistics provided in this section respond to the CEDAW Committee's 2006 Concluding Comments in paragraph 19 which request statistical information about violence against women. The Australian Bureau of Statistics reports that around one in three Australian women experience physical violence and almost one in five have experienced sexual violence since the age of 15 years. In 2004, the Australian Human Rights Commission released its first national survey on the incidence of sexual harassment in Australia, finding that 28 per cent of women had experienced sexual harassment. In July 2008 the Sex Discrimination Commissioner announced the commissioning of another national survey to track trends on the extent of sexual harassment in Australia. The research will be used to develop an education strategy aimed at reducing sexual harassment in the workplace.
14.62 The Australian Government Office for Women commissioned a full-time data analyst position at the Australian Institute of Criminology to work solely on sexual assault, especially in the area of 'hidden' reporting and recording of sexual assault-that is, when sexual assault is subsumed in another crime.
14.63 In 2005, the Australian Bureau of Statistics carried out a personal safety survey, which gathered data on men's and women's experiences of physical or sexual assault. In 2007, the Australian Government commissioned a report on an analysis of the Personal Safety Survey. The following statistics draw on the data in these two publications.
Prevalence and nature of violence
14.64 In the 12 months before the Personal Safety Survey, 6 per cent of women (443,800) and 11 per cent of men (808,300) experienced violence. Two per cent (160,100) of women surveyed had experienced physical or sexual violence by their current partner, since the age of 15, and 15 per cent (1,135,500) had experienced violence by a previous partner since the age of 15. Women's serious injuries (fractures/broken bones, penetrative injuries, stabbings, shootings and miscarriages) were most often caused by an 'other known person' or a previous partner, with boyfriends/girlfriends/dates, strangers and current partners causing approximately 10 to 15 per cent of serious injuries.
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Accessing services and support
14.65 Violence was reported to the police by 28 per cent of males and 32 per cent of females who had experienced violence in the 12 months before the Personal Safety Survey.124 Although these figures are still low, they have improved by 17.5 per cent for physical assault and 4 per cent for sexual assault since 1996. The most common reason women gave in 2005 for not reporting the physical or sexual assault to police was that they felt able deal with it themselves. Fear of their partner was another reason given.
14.66 Ten per cent of women who had experienced current partner violence, and 25 per cent who had experienced previous partner violence, had taken out a restraining/violence order against a partner. Of women who had experienced current partner violence and taken out an order against their partner, 20 per cent had experienced further incidents of violence after the order was issued. Of women who had experienced previous partner violence and taken out an order against that partner, 42 per cent had experienced further incidents of violence after the order was issued.
14.67 Friends/neighbours were the most common social supports for people who had experienced violence, with 63 per cent (277,426) of female violence victims talking to friends/neighbours about the most recent incident of violence. More than 10 per cent of men and women who experienced violence in the last 12 months did not talk to anyone about the violence.
14.68 Seven per cent of men and 19 per cent of women who had experienced violence in the last 12 months sought professional help after the most recent incident of violence. About 90 per cent of women who had experienced sexual assault in the last 12 months did not access crisis support (90 per cent), legal help (91 per cent), or other support services including telephone help lines (91 per cent). For women who had experienced physical assault in the last 12 months, legal help was the most common service used (11 per cent).
| Experience of violence in the last 12 months - type of violence in most recent incident (1996 and 2005) |
1996 |
2005 |
| Female experience of physical violence ('000) |
404.4 (5.9%) |
363.0 (4.7%) |
| Male experience of physical violence ('000) |
Not applicable |
779.8 (10.4%) |
| Female experience of sexual violence ('000) |
133.1 (1.9%) |
126.1 (1.6%) |
| Male experience of sexual violence ('000) |
Not applicable |
46.7 (0.6%) |
Source: Data sourced from the ABS Personal Safety Survey, Cat. No. 4906.0, Table 5. 1996 data was drawn from the Women's Safety Survey and so data are not available for men.
| Experience of physical assault during last 12 months - by male perpetrator (2005) |
Female |
Male |
| Stranger ('000) |
35.5 (18.2%) |
316.7 (73.7%) |
| Current partner ('000) |
30.7 (15.7%) |
- (a) |
| Previous partner ('000) |
43.3 (22.2%) |
- (a) |
| Family or friends |
67.1 (34.4%) |
48.4 (11.2%) |
| Other known persons (d) |
29.3 (15.0%) |
93.7 (21.8%) |
| Experience of physical assault during last 12 months as at 2005)-by female perpetrator |
Female |
Male |
| Stranger ('000) |
21.9 (32.9%) |
13.0 (16.3%) (b) |
| Current partner ('000) |
- (a) |
5.0 (6.3%) (c) |
| Previous partner ('000) |
- (a) |
16.2 (20.4%) (c) |
| Family or friends ('000) |
21.9 (33.0%) |
36.0 (45.3%) (b) |
| Other known persons ('000) (d) |
25.0 (37.5%) |
9.3+ (11.7%) (b) |
Source: Data sourced from the ABS Personal Safety Survey, Cat. No. 4906.0, Table 16.
- Nil or rounded to zero (including null cells).
- Estimate has a relative standard error of 25 per cent to 50 per cent and should be used with caution.
- Estimate has a relative standard error of greater than 50 per cent and is considered too unreliable for general use.
- Includes acquaintance or neighbour, counsellor or psychologist or psychiatrist, ex-boyfriend or girlfriend, doctor, teacher, minister or priest or clergy, prison officer and other known person.
Domestic violence and homelessness
14.69 Domestic violence is a major factor contributing to homelessness in Australia, particularly for women. Women and children escaping domestic violence are one of the primary target groups of the Australian Government-funded Supported Accommodation Assistance program. For more information about the Supported Accommodation Assistance program, see paragraph 11.33.
14.70 According to a 2003-04 Australian Institute of Health and Welfare analysis, Australian Government funding enabled 32,700 women to use a supported accommodation assistance program service when escaping domestic violence. In 2005-06, 17.1 per cent of clients were Indigenous, and 17,000 Indigenous clients were supported through the program's services. Of the 1,300 agencies involved, 167 specifically target Indigenous clients, although these clients may access any of the agencies. The Australian Government continues to support the program with $932 million allocated from 2005 to 2010, of which $892 million is provided directly to state and territory governments.
Women, domestic violence and homelessness research project
14.71 In 2008, the Australian Government commissioned research on strategies to prevent homelessness resulting from domestic and family violence and ensure that women who survive domestic and family violence, and their accompanying children, are provided with appropriate ongoing accommodation options and integrated wrap-around support.
14.72 The research report, Women, Domestic and Family Violence and Homelessness: A Synthesis Report was released on 30 September 2008. The findings of the report will be considered in the context of the development of the Australian Government's white paper on homelessness and the National Plan to Reduce Violence against Women and their Children.
14.73 The research revealed that there is no one, easy 'roll out' solution to domestic and family violence related homelessness. It found that the types of assistance and support needed depend greatly on the personal circumstances of women, such as health, social, cultural and geographic background. Another factor is the financial resources available to women, especially their capacity to be financially independent.
Protecting Indigenous women and children
14.74 Family violence is causing significant destruction to the fabric of Indigenous communities. In the Northern Territory, where there is a high concentration of Indigenous people, there is an over-representation of women as victims of violent crime. Statistics from 2007 show that of all assaults on females, it is estimated that 80 per cent were Indigenous,125 with Indigenous women more than eight times more likely to be assaulted compared to non-Indigenous women. Seventy-two per cent of these assaults were domestic violence related, and 66 per cent of assaults involved alcohol. In recent years, all levels of government have acknowledged the significance of this problem with a number of important inquiries and initiatives undertaken to help deal with its impact.
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Northern Territory Emergency Response
14.75 The Australian Government initiated the Northern Territory Emergency Response in 2007 to protect Indigenous children from abuse and build the basis for a better future for Indigenous people. For more information about the emergency response including its review, see paragraphs 2.44 to 2.46.
14.76 The response includes a wide range of measures designed to protect children, make communities safe, and create a better future for Indigenous people in the Northern Territory, including:
- providing more police in remote communities
- bans on alcohol and pornography in prescribed areas
- increased night patrol services
- new and expanded safe houses for families experiencing violence
- additional child protection workers and Indigenous Family and Community workers
- youth diversionary programs.
Indigenous family violence initiatives
14.77 A number of programs are targeted at breaking the cycle of domestic violence in Indigenous families and reducing the risks for women of physical harm. The Australian Government's ongoing Family Violence Partnership program has $10.3 million in project funding each year. Projects work across the spectrum providing education and awareness of family violence through to services for victims and perpetrators. These include setting up safe houses, night patrols, counselling services, perpetrator and education programs, and employing support workers.
14.78 The ongoing Family Violence Regional Activities program provides practical and flexible support for grassroots projects identified by Indigenous communities as a local priority to address family violence, sexual assault and child abuse. The program takes an holistic approach to addressing the safety of women and children in Indigenous communities in culturally-appropriate ways.
14.79 The Early Intervention program funds organisations to deliver programs that will lower or eliminate the prevalence of family violence in Indigenous communities. The Australian Government has chosen a number of locations as priority areas for early intervention, including building self-esteem, developing community role models, and addressing Elder abuse.
14.80 The Indigenous Community Legal Education program empowers Indigenous Australians in remote and rural communities to report and challenge violence and child abuse, by providing information about their legal and human rights, including how to access a range of support services. The program aims to reduce family violence in Indigenous communities by:
- providing legal education adapted to suit local communities
- improving Indigenous Australians' understanding of Australian law
- working with Indigenous communities to manage the relationship between customary law and human rights
- educating and mentoring Indigenous young people and women
- encouraging community members, particularly young people, women and Elders to speak out about family violence.
14.81 As well as participating in the initiatives outlined above, states and territories frequently run their own programs to address the needs of Indigenous women in their own jurisdictions-for example, in 2008-09 the Victorian Government allocated $8.4 million over four years under its Indigenous family violence strategy towards a framework for an Indigenous community-led approach to preventing, reducing and responding to family violence in Indigenous communities. Under the South Australian Women's Safety strategy, a working group has been established to develop responses to Indigenous family violence.
Migrant women
14.82 The Australian Government is working to help prevent violence against migrant women through various orientation and settlement education programs. For more information about these programs, see paragraphs 7.13 to 7.18.
Women with disability
14.83 The National Council to Reduce Violence against Women and their Children will be specifically consulting with the peak non-government body representing women with disabilities in Australia-Women With Disabilities Australia. The Australian Government provided funding to this organisation to help develop the Resource Manual on Violence Against Women with Disabilities. The manual was published in 2007.
Australia's international activity to prevent violence against women
14.84 The Australian Government has been particularly active in international forums to address violence against women, including the UN General Assembly's Third Committee and the Commission on Crime Prevention and Criminal Justice. Australia has co-sponsored several resolutions on eliminating violence against women and provided information to the United Nations Special Rapporteur on Violence Against Women on Australia's activities to eliminate violence against women in 2002, and again in 2008.
14.85 The Australian Government overseas aid agency, AusAID, is currently conducting an evaluation on interventions to deal with violence against women in five countries in the region-Fiji, Vanuatu, Solomon Islands, Papua New Guinea and East Timor. The evaluation seeks 'to build the evidence base to guide efforts to address violence against women and promote gender equality'-that is, what works and what does not work in programs used to reduce violence against women in Melanesia and East Timor. The evaluation will provide lessons from the region and recommendations for strengthening and increasing support to address violence against women. The report is due for completion in 2008.