Background Paper to Time for Action: The National Council's Plan for Australia to Reduce Violence against Women and their Children, 2009-2021    

7.1 Overview

The following table provides a high level overview of the support systems for victims/survivors of sexual assault and domestic and family violence in the Northern Territory in terms of the ‘three S’s’ – structural, strategic and sustained environments.

The following table provides a high level overview of the support systems in place for victims/survivors of sexual assault and domestic and family violence in the Northern Territory in terms of the ‘three P’s’ – prevention, provision and prosecution.

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7.2 Profile

This section outlines in further detail the Northern Territory Government’s current response to violence against women and their children, using Amnesty International’s structure of the ‘three S’s’ – structural, strategic and sustainable, and ‘three P’s’ – prevention, provision and prosecution.

7.2.1 Structural

Structural arrangements for responding to violence against women within the Northern Territory Government have recently changed and include the following:

• Responsibility for coordinating the whole-of-government response to domestic and family violence has moved from the Office of Women’s Policy to a new branch within the Department of Health and Families called Family and Individual Support Services.
• The Northern Territory Government’s Office for Women’s Policy (the Office) sits within the Department of Health and Families. It provides: strategic and policy advice to government; whole-of-government policy coordination, development and advice regarding women; and engages the community to identify and advance the economic and social standing of Territory women. The Office is responsible for providing policy advice and information across government, with a central coordination, monitoring and reporting function, on women’s issues. The Office does not provide direct services but it coordinates community engagement activities such as women’s forums, Tribute to Northern Territory Women, Women on Boards and the Chief Minister’s Study Scholarships for Women.
• The announcement of the Australian Government’s Northern Territory Emergency Response (NTER), the Northern Territory Government’s response to the Little Children are Sacred Report and the Closing the Gap on Indigenous Disadvantage Plan have provided the impetus to review advisory council structures and governance arrangements that address family violence, child protection and community safety across the Northern Territory. In particular:
  • from 1 July 2008, the Department of Health and Families assumed whole-of-government responsibility for family violence and several policy areas were realigned across government to consolidate responsibilities to more closely mirror Closing the Gap priorities. Both the Domestic and Family Violence Advisory Council and the Family and Community Services Advisory Council are under review.
  • FaHCSIA is the lead coordinating agency for the response. The NTER also involves the Northern Territory Police Force, the Northern Territory Department of Health and Families the Department of Health and Ageing (DoHA), the Department of Defence (DoD), Australian Federal Police (AFP) and Centrelink.
  • the NTER Operations Centre, based in Darwin, is responsible for the roll out of measures. It plans and manages all implementation and has a critical role in working with communities. Government Business Managers have been appointed to communities (or groups of communities) to coordinate NTER measures.
  • implementation of specific NTER activities usually follows a period of negotiation with relevant agencies Northern Territory departments. For example, the Northern Territories Families and Children Division in the Department of Health and Families leads the implementation of the Safe Houses Project, the Mobile Outreach Service which delivers specialised sexual assault counselling services to Aboriginal children in remote communities, the Mobile Child Protection Team, and the Remote Aboriginal Family and Community Workers who support work undertaken by division caseworkers and who respond to issues identified by local children and families in crisis.
  • The NTER Task Force provides advice to government and oversees implementation. The chair and the operational commander of the Taskforce are based in the Northern Territory and have held consultations in many NTER communities since the response was announced¹⁸³. The Terms of Reference for the Taskforce are to:
    • provide expert advice to the Australian Government on the implementation of the emergency response;
    • provide oversight of the NTER Operational Group;
    • promote public understanding of the issues involved;
    • alert Government to existing and emerging issues that affect the implementation of the response;
    • report to the Prime Minister and the Minister for Families, Housing, Community Services and Indigenous Affairs on progress.

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7.2.2 Strategic

Key strategies and plans to respond to violence against women in the Northern Territory include the following:

• The women’s policy: Building on our Strengths: a Framework for Action for Women in the Northern Territory 2008-2012, which was launched by the Northern Territory Government in March 2008. The framework identifies the Government’s key achievements for women, identifies the priorities to be addressed and what will continue to be done to improve the lives of all women in the Territory. It categorises issues identified by Territory women, into five key areas for action:
  • health and wellbeing;
  • safety (focusing on family violence and sexual assault);
  • economic security (through education and employment);
  • participation and leadership;
  • life balance.

  Progress against the framework will be reported on every two years.

• Closing the Gap on Indigenous Disadvantage – a Generational Plan of Action¹⁸⁶ is the Northern Territory’s Indigenous Generational Plan, aimed at reducing the differences in outcomes between Aboriginal and Torres Strait Islander and non-Aboriginal and Torres Strait Islander people. It contains a vision for the future wellbeing of Aboriginal and Torres Strait Islander people and includes targets for the next five, 10 and 20 years, as well as priority actions for the first five years.

  One of the objectives of the plan is to: ‘ensure personal and community safety through a strong child protection system, effective alcohol and drug management, adequate policing, youth development and juvenile diversion programs and the engagement of the community in developing local solutions to crime and family violence’¹⁸⁷.

  The Northern Territory Government has committed $286.43 million over the first five years of the plan to implement strategies aimed at achieving its objectives. Some of the initiatives relevant to family violence and sexual assault include:

  • the amendment of the Bail Act so as protect witnesses and reverse the onus in favour of bail concerning alleged sex and domestic violence offenders;
  • new domestic violence legislation to improve the effectiveness of restraining orders, including their effectiveness in remote communities;
  • the extension of Sexual Assault Referral Centres to ‘provide best practice crisis support and therapy to victims of sexual abuse’’ ¹⁸⁸ (including $6.3 million to expand services in Darwin, Alice Springs and Tenant Creek), establish a service in Katherine, provide 12 additional counsellors (including Aboriginal sexual assault workers), and deliver community education and professional consultation services across the Northern Territory;
  • the expansion of the Aboriginal and Torres Strait Islander family violence offender program;
  • in conjunction with the Australian Government, the introduction of integrated Aboriginal Family Violence and Support Services in remote communities (including family support programs and safe places), and employment of professional and local community workers;
  • the implementation of sexual offender rehabilitation and therapy programs and expansion of the Elders Visiting Program;
  • the expansion of policing in remote communities via the Remote Area Policing Strategy, including recruiting 15 additional police;
  • the establishment of 10 community courts (community participation in sentencing, rehabilitation and reintegration for matters heard in the Magistrates Court), employment of 10 community corrections officers and the creation of a witness assistance service in Katherine.
• The Northern Territory Police Crime Reduction Strategy began in 2004 and aims to reduce the incidence of repeat victimisation, target recidivist violent offenders early in their offending cycle, provide a quality police response to violent crimes and promote community responsibility for reducing violence in the Northern Territory¹⁸⁹. A new, revised Violent Crime Reduction Strategy was developed in 2008, building on the 2004 Crime Reduction Strategy. The revised strategy broadens efforts to strengthen relationships between police and key stakeholders to further address the underlying issues of violent crime. The Northern Territory Police commitment, through the new, revised strategy aligns with the new National Australasian Policing Strategy for the Prevention and Reduction of Family Violence¹⁹⁰.

  Under the original strategy, Domestic Violence Prevention Units were established in Darwin, Katherine, Alice Springs and Tennant Creek. The strategy was reviewed in early 2008. Recommendations were made to analyse data in order to: tailor training packages for front-line police about emerging trends in domestic violence; explore standardised domestic violence case-management models to assist repeat victims; develop a repeat offender program; and assign Intelligence Officers to units to provide information about domestic violence offenders¹⁹¹.

7.2.3 Sustained

Structural arrangements for leading efforts to respond to violence against women and their children are outlined above in section 6.2.1.

In terms of funding, the Northern Territory Government has committed more than $30 million over 2007-2012 to implement strategies related to family violence and sexual assault that are part of the Closing the Gap plan¹⁹². In July 2008, the Northern Territory Chief Minister announced funding of $15 million over four years to support the implementation of the Domestic and Family Violence Amendment Bill 2008, which introduces mandatory reporting of family violence. The funding will provide extra crisis accommodation, increase counselling services and fund public education campaigns.

7.2.4 Prevention

The Northern Territory Government has initiated programs to prevent and reduce violence against women and their children, including education and raising public awareness, to change entrenched cultural attitudes. Examples of such activities include:

• production of the Aboriginal All Stars Family Violence Campaign, a Territory-wide advertising campaign showcasing high-profile Aboriginal sportsmen speaking out against domestic and family violence;
• implementation of anti-bullying strategies and policies in the Northern Territory public sector;
• the White Ribbon Day Campaign that raises awareness of domestic violence by engaging strong male role models as community ambassadors who support initiatives to reduce violence against women¹⁹³.

In addition to the activities listed above, schools within the Northern Territory have developed local policies and education regarding the use of violence. This education is based on the Safe Schools Northern Territory Framework, which in turn is based on the National Safe Schools Framework. The National Safe Schools Framework helps schools address issues of bullying, harassment, violence, child abuse and neglect¹⁹⁴.

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7.2.5 Provision

The Northern Territory Government provides services for victims/survivors to support their physical, mental and social well-being and to protect them from further violence. Some examples include:

• Sexual Assault Referral Centres (SARC) which provide a counselling service to both adults and children who may have experienced (recently or many years ago) any form of sexual assault. For recent victims of sexual assault the centres provide 24-hour access to medical, forensic and counselling services.
• The Australian Government has committed to funding for four years for a Mobile Outreach Service that will provide sexual assault services to children and their families in remote communities. This is in addition to the work carried out by SARC services across the Northern Territory. Mobile Outreach Service staff will be based in each regional SARC office. SARC services operate in Darwin, Tennant Creek and Alice Springs. The Northern Territory Government, under Closing the Gap, committed to an expansion of SARC services including the establishment of a SARC service in Katherine. (Mobile Outreach Service staff will be collocated with other SARC staff in this office when it is established.) The Mobile Outreach Service will work with children and families in remote communities and town camps, who are affected specifically by child sexual abuse.
• Ruby Gaea in Darwin and the Department of Health and Families funds a sexual assault counselling position at Centacare in Katherine.
• The Strong Family, Strong Community, Strong Future project, which trains and supports people in remote communities to work with families at risk of violence. The project engages families in determining problems and the order in which they will be dealt with. The service model involves the employment of locals and the development of policies that are applicable in specific communities. An education course is provided through Charles Darwin University, completion of which results in the awarding of a Certificate IV.
• Police Domestic Violence Prevention Units in four major centres of the Northern Territory – Darwin, Katherine, Tennant Creek and Alice Springs.
• Safe Houses, a joint Department of Attorney-General and the Northern Territory Government initiative that provides culturally appropriate places for children, women and men to be safe, to be supported and to participate in training and activities. Women’s safe places have been built or upgraded in Nguiu, Peppimenarti, Yarralin, Ramingining, Ngukurr, Ti Tree, Lajamanu, Kalkarindji and Ntaria. Facilities are being completed in Maningrida and Angurugu. Men’s ‘cooling off places’ have been built in Nguiu, Ramingining, Ngukurr, Pmara Jutunta, Finke, Wugularr, Yuendumu and Aputula. Construction for the Maningrida facility started in 2008. The Northern Territory Safe House Project Team is conducting extensive consultation with communities about the design and location of safe places and their integration with other services.
• Remote Aboriginal Family and Community Workers – the role of these positions is to expand culturally appropriate and relevant child protection services to Aboriginal and Torres Strait Islander communities by creating a remote Aboriginal Child Protection workforce staffed by local Aboriginal and Torres Strait Islander people. These positions are intended to support the work that NTFC caseworkers undertake in their community, and respond to the issues identified by families and children in crisis. While the focus is on the safety and wellbeing of children, the connection between child abuse and family violence is strong, and workers will need to support and refer clients where family violence is identified.
• A 24-hour territory-wide central intake team receives calls about child abuse and neglect and undertakes initial screening and risk assessment. Co-located with the central intake team is a Joint Child Abuse Task Force, staffed by both Family and Children Services staff and Northern Territory Police officers who investigate serious cases of child abuse.
• Routine screening for family violence in all territory antenatal clinics within public hospitals.
• The Step Forward Getting Help about Sexual Violence. This is a resource for support services dealing with victims of sexual assault.
• The Supported Accommodation Assistance Program. This provides accommodation and support to women and children escaping domestic and family violence.
• Victims of Crime Northern Territory, a resource that provides support to victims affected by crime. Services provided include a 24-hour call out service, a 24-hour helpline, court support and advocacy.
• The Northern Territory Legal Aid service, which provides legal services to victims of family violence and sexual assault in Darwin and Alice Springs.
• The provision of safe rooms in public housing. A Safe Room is a room (normally the main bedroom) within a public housing dwelling, which has upgraded security. Victims of violence are able to secure themselves in these rooms at times when they are in danger. The rooms have a solid lockable internal door, security screens on all windows and an additional telephone connection. All external doors are fitted with security screens¹⁹⁵.
• Piloting of the Jidan Gudbelawei (Peace at Home) Program, an ongoing integrated program developed by the Northern Territory Government in partnership with the Australian Government to holistically address domestic and family violence.

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7.2.6 Prosecution

The Northern Territory prosecution environment for domestic and family violence includes the following legislation:

• The justice response focuses on the Northern Territory’s Domestic Violence Act, which was reviewed and updated in 2007. The Domestic and Family Violence Act 2007 covers all matters related to Domestic Violence Orders (formerly Restraining Orders). It was implemented in July 2008. Key changes to the Act include:
  • children can apply for a Domestic Violence Order (DVO);
  • an increase in the maximum penalty for breaching a DVO from six months to two years;
  • presumption in favour of a DVO applicant, who has children in their care, remaining in the family home;
  • the inclusion of economic abuse and intimidation as grounds for orders, as well as violence that impacts on the welfare of a child.
• On 18 September 2008, the Northern Territory Attorney-General and Minister for Children and Families announced the tabling of mandatory reporting laws for family violence and a second round of public consultation from 18 September until 2 October 2008. This follows the release of a discussion paper¹⁹⁶ last year by the Northern Territory Government seeking contributions from the general public and targeted stakeholders on the question of mandatory reporting of domestic and family violence by health professionals.
• The draft Domestic and Family Violence Amendment Bill 2008 amends the Domestic and Family Violence Act 2007 so as to introduce mandatory reporting requirements for all adults in the Northern Territory (not only health professionals), in relation to certain incidents of domestic and family violence¹⁹⁷. About $15 million has been allocated to the implementation of mandatory reporting, which is to be led by the Department of Health and Families.
• The Care and Protection of Children Act 2007 is another relatively new Act that came into effect on 7 May 2008. It provides a more comprehensive approach to the protection and prevention of harm to children than previous legislation and allows for a wider range of responses to reports about children suspected of being subject to harm, or in need of protection¹⁹⁸. Part two of the Act started on 8 December 2008.
• The Northern Territory’s Anti-Discrimination Act 2004 (which is under review) together with the Australian Government’s Sex Discrimination Act 1984 make it illegal to discriminate against someone on the basis of their gender. However, Northern Territory legal frameworks do not compel the provision of information to the police (other than the mandatory reporting of the maltreatment of children pursuant to the Community Welfare Act 1983 to either Family and Children’s Services or the police, and reporting of domestic and family violence), except where:
  • such disclosure is reasonably believed necessary to lessen or prevent a serious and imminent threat to a person’s life, health or safety;
  • there is a reason to suspect that unlawful activity has been, is being or may be engaged in¹⁹⁹.
• Other legislation of relevance to family violence and sexual assault includes:
  • Youth Justice Amendment (Family Responsibility) Bill 2008 which relates to entering into Family Responsibility Agreements and applying for Family Responsibility Orders;
  • Bail Amendment Bill 2007 which reverses the presumption in favour of bail in relation to an accused person charged with a serious sexual offence and to require the court to consider additional criteria, such as the protection of an alleged victim of a sexual offence, in deciding whether to grant bail²⁰⁰;
  • Sexual Offences (Evidence and Procedure) Act 2007 which outlines the use of evidence and appropriate procedures in the examination of witnesses and the trial of persons alleged to have committed sexual offences.
• Reintegration programs include the Offender Treatment Program, in which Aboriginal and Torres Strait Islander facilitators in remote communities are trained to deliver 50 hours of programs to offenders (through a court-mandated diversionary program) and voluntary participants. The Department of Justice is the lead agency for this project.
• The NTER is supported by the following specific Commonwealth legislation:
  • Northern Territory National Emergency Response Act 2000;
  • Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007;
  • Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007.

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183. Department of Families, Housing, Community Services and Indigenous Affairs, NTER Factsheet, Commonwealth of Australia, Canberra, viewed October 2008, .
184. Unless otherwise indicated, the information in this section is sourced from Department of Families, Housing, Community Services and Indigenous Affairs, Operation Update web page, Commonwealth of Australia, Canberra, 2008, viewed October 2008.
185. Department of Families, Housing, Community Services and Indigenous Affairs, Northern Territory Response – one year on, Commonwealth of Australia, Canberra, 2008.
186. Northern Territory Government, Closing the gap on Indigenous disadvantage – a generational plan of action, Northern Territory Government, Darwin, 2007.
187. Ibid, p.2.
188. Ibid, Appendix 1, p2.
189. Northern Territory Police, Fire and Emergency Services, Northern Territory Violent Crime Reduction Strategy, Northern Territory Government, Darwin, 2008, viewed October 2008.
190. Northern Territory Police, Fire and Emergency Services Violent Crime Reduction Strategy 2008, Northern Territory Government, Darwin, 2008, viewed January 2008 .
191. Northern Territory Police, Fire and Emergency Services, Protecting Women from Domestic Violence, 11 July 2008, viewed October 2008.
192. Northern Territory Government, Closing the gap on Indigenous disadvantage – a generational plan of action, Northern Territory Government, Darwin, 2007.
193. Department of the Chief Minister, Building on our Strengths: A Framework for Action for Women in the Northern Territory 2008 – 2012, Northern Territory Government, Darwin, 2007.
194. Department of Education and Training, National Safe Schools Week (NSSW) grants, Northern Territory Government, Darwin, 2007, viewed October 2008.
195. Department of Local Government and Housing. Territory Housing Operational Policy Manual, Northern Territory Government, Darwin, 2008, viewed October 2008.
196. Department of Local Government and Housing,Territory Housing Operational Policy Manual, Northern Territory Government, Darwin, 2008, viewed October 2008.
197. Department of Justice, Draft Domestic and Family Violence Amendment Bill 2008, Northern Territory Government, Darwin, 2008, viewed October 2008.
198. Department of Health and Families, Care and Protection of Children Act – key provisions presentation, Northern Territory Government, Darwin, 2007, viewed October 2008.
199. Department of Justice. Mandatory Reporting of Domestic and Family Violence by Health professionals: Discussion Paper
200. Northern Territory Legislative Assembly, Legislation and Ministerial Statements and Reports August 2007 Sittings, Northern Territory Government, Darwin, 2007, viewed October 2008.