The National Council to Reduce Violence against Women and their Children (the Council) conducted extensive research and a jurisdictional ‘As Is’ analysis to support its Time for Action: The National Council’s Plan for Australia to Reduce Violence against Women and their Children (the Plan of Action).
This Background Paper includes a summary and overview of the measures that Australia’s States and Territories and some Commonwealth Government agencies have adopted to prevent and respond to sexual assault and domestic and family violence. The evidence presented in this Background Paper has been used to inform the Plan of Action.
Part A of this Background Paper offers a review of the literature on this subject and Part B provides a nationwide snapshot of policies and investments in this area.
Methodology
The review of the relevant literature focused on the nature and extent of violence against women, its causes, its impacts and the effectiveness of various responses adopted by government and the services sector. The literature reviewed included academic and government sources from Australia and overseas.
Part B, the ‘As Is’ analysis of jurisdictional approaches, uses the fundamental principles outlined in Amnesty International Australia’s report Setting the Standard: International Good Practice to Inform an Australian National Plan of Action to Eliminate Violence Against Women.
This ‘As Is’ jurisdictional analysis is based on a series of consultations conducted between August 2008 and January 2009 in every state and territory with representatives from government agencies involved in sexual assault and domestic and family violence. Consultations were also held with Commonwealth agencies. The findings reflect the feedback (both in person and in writing) from representatives of 66 Commonwealth, state and territory government agencies across Australia. (A list of these agencies is provided at Appendix B.)
The structure of the analysis divides the elements of the approaches of each jurisdiction into tables using Amnesty International’s recommended structure of the ‘three S’s’ – structural, strategic and sustainable – and the ‘three P’s’ – prevention, provision and prosecution. These are explained in Part B.
The number of approaches is extensive and provides considerable insight into the scale and type of investment in the issue across the country. Nevertheless, while extensive, it is acknowledged that, despite best endeavours, there may be gaps in the analysis.
Key findings
The review of the literature and stakeholder consultations informed the Council’s understanding of the definition of violence against women and their children, the nature and scale of the problem in Australia, its causes and impacts, and the effectiveness of measures to prevent and respond to violence. These findings are detailed in Part A of this Background Paper. The evidence in relation to particular responses to violence has also been reflected within the Council’s Plan of Action.
The ‘As Is’ jurisdictional analysis found that all States and Territories have implemented, or are in the process of implementing, cross-departmental and inter-agency approaches to sexual assault and domestic and family violence, having recognised that single agency approaches to dealing with these issues are ineffective.
Some jurisdictions include non-government agencies as key partners. Where there is strategic interaction or coordination between states and territories, the National Women’s Safety Taskforce (a subordinate committee of the Women’s Advisers Meeting) acts as the main linking mechanism.
Whole-of-government approaches also vary in the details across jurisdictions – some strategies contain specific actions, assign agencies as drivers and include targets, while others are more strategic ‘global statements of intent’. No mechanisms to monitor and evaluate whole-of-government strategies appear to be in place.
While policy commitments appear fairly uniform across all jurisdictions, funding commitments vary widely with many initiatives operating as pilot programs. There is also variance in service provision, particularly in terms of the coordination of government divisions and agencies, and the provision of specialist courts to address sexual assault and domestic and family violence matters.
The justice system’s response diverged with Tasmania and the Australian Capital Territory favouring a pro-arrest, anti-bail and pro-prosecution approach. This is not the stance adopted in other jurisdictions.
The ‘As Is’ jurisdictional analysis suggests some intervention approaches could effectively address violence against women and their children at a national level. These include:
- ministerial commitment to strategic initiatives (including police, education, health and human welfare, community services, justice, etc.);
- the establishment of a high-level, whole-of-government coordination forum to oversee reform;
- the development of integrated cross-sectoral strategies and action plans that incorporate accountability mechanisms;
- the development of integrated responses at the local level;
- the provision of specialist courts to hear sexual assault and domestic and family violence matters in a sensitive manner, and that are informed by up-to-date evidence;
- the encouragement of excellence in legal response across jurisdictions towards violence against women;
- consistent legislation for domestic and family violence and sexual assault across Australia;
- consistent data collection methods and standards;
- specific initiatives for Aboriginal and Torres Strait Islander peoples that acknowledge key risk factors and issues specific to these communities;
- specific Aboriginal and Torres Strait Islanders family violence initiatives delivered at the national level in consultation with the communities and people;
- responsiveness tailored to the special needs of women with disability;
- tailored responses for minority groups;
- prevention and public awareness strategies;
- consistent assessment and response procedures;
- joint training for all service providers;
- ongoing funding commitment.
In its entirety, the analysis reveals many similarities between jurisdictions in the way they respond to violence against women and their children. This suggests that there is considerable scope for greater cooperation and collaboration between the Commonwealth, states and territories in developing a unified, national approach to one of Australia’s most pressing social issues.