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

4.1 Overview

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

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

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4.2 Profile

This section outlines in further detail the Australian 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.

4.2.1 Structural

The Australian Government has structures in place that seek to harmonise responses to violence against women and their children both within the Australian Government and with the states and territories. These include the following:

• The Safety Taskforce Branch, which is a policy and program branch within FaHCSIA. The primary goal of the Office for Women is to mainstream women's issues to ensure that people recognise that women's experiences, issues and perspectives affect everyone and are therefore everyone's business. It funds activities targeting sexual assault and domestic and family violence, including the Women’s Safety Agenda and the Indigenous Family Safety Program. It is also responsible for the coordination and development of Time for Action: The National Council’s Plan for Australia to Reduce Violence against Women and their Children.
• The Commonwealth, State, Territory and New Zealand Ministers' Conference on the Status of Women (MINCO) which aims to: provide a Commonwealth/state and territory mechanism for the coordination and development of policies that affect the status of women, especially on issues that cross Commonwealth/state, territory and New Zealand borders; facilitate action on matters of mutual concern; and refer and/or present agreed strategic issues to other ministerial groupings. It meets annually. The Secretariat is provided by the Australian Government’s Office for Women.
• A senior officials’ group, the Women’s Advisers Meeting (WAM), provides high level support to MINCO. The National Women’s Safety Taskforce is a sub-committee of the WAM.
• The Standing Committee of Attorneys-General (SCAG), which is a national ministerial council. Its members are the Australian Attorney-General and the Minister for Home Affairs, the state and territory Attorneys-General and the New Zealand Attorney-General. Norfolk Island has observer status at SCAG meetings. SCAG provides a forum for Attorneys-General to discuss and progress matters of mutual interest. It seeks uniform or harmonised action between the portfolios of its members. The types of issues that SCAG considers are varied – an item is likely to be appropriate for SCAG if it requires joint action from the Australian, state and territory governments; involves the development of model or uniform model legislation; or is of relevance to Attorneys-General¹⁶³.
• The Social Inclusion Unit, which was established in December 2007 in the Department of the Prime Minister and Cabinet. The unit advises the government on ways to achieve better outcomes for the most disadvantaged people in our community. It performs a strategic policy advisory and coordination function across government and reports to the Prime Minister and the Deputy Prime Minister. It also provides support to the Australian Social Inclusion Board.
• The Community and Disability Services Ministers’ Conference (CDSMC) is a national ministerial council. Its membership comprises all Australian Government, state and territory Ministers with family, youth, community and disability services and welfare responsibilities. These include the Ministers for Family, Aged Care, Youth, Child Care, and Juvenile Justice. The New Zealand Minister for Social Development is also a full member of the CDSMC, and the Papua New Guinean Minister for Social Welfare and Development attends as an observer. The Community and Disability Services Ministers’ Advisory Council (CDSMAC) provides support to the CDSMC and other Ministerial Councils and the Council of Australian Governments in relation to emerging national and international issues of priority where nationally coordinated management would be of benefit.

4.2.2 Strategic

The Australian Government’s key strategies and plans to respond to violence against women and their children include the following:

• The National Plan of Action to Reduce Violence against Women and their Children, that has been coordinated and overseen by the 11-member National Council to Reduce Violence against Women and their Children and the Safety Taskforce Branch in FaHCSIA.
• The Women's Safety Agenda that addresses four broad themes: prevention, health, justice and services. It aims to reduce the effects of domestic violence and sexual assault upon the community by building on the achievements of the Partnerships Against Domestic Violence initiative and the National Initiative to Combat Sexual Assault. It turns the spotlight on violence prevention and early intervention, and support for those affected by violence.
• The National Indigenous Law and Justice Framework is underway and is led by SCAG. The framework aims to develop a coordinated, long-term and multi-jurisdictional approach to reducing the pressing and complex law and justice issues affecting Indigenous Australians.
• The Northern Territory Emergency Response, which was announced by the former Australian Government in June 2007 as a ‘national emergency response to protect Aboriginal children in the Northern Territory from sexual abuse and family violence’. The urgency of the response reflected the first recommendation of the Little Children are Sacred report from the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. The measures introduced included:
  • widespread alcohol restrictions on Northern Territory Aboriginal land;
  • welfare reforms to stem the flow of cash towards substance abuse and to ensure funds for children's welfare are used for that purpose;
  • enforcing school attendance by linking income support and family assistance payments to school attendance for all people living on Aboriginal land, and by providing meals for children at school at parents' cost;
  • voluntary health checks for all Aboriginal children to identify and treat health problems;
  • sexual assault Mobile Outreach Services (MOS) in remote communities to deliver counselling services to Aboriginal children and their families and communities;
  • holding a summit to explore how Aboriginal males in Central Australia can change behaviours to address child abuse and related issues in their communities;
  • acquiring townships prescribed by the Australian Government through five-year leases, including payment of just-terms compensation;
  • increasing policing levels in prescribed communities, including requesting secondments from other jurisdictions to supplement Northern Territory resources, funded by the Australian Government;
  • requiring intensified on-the-ground clean-up and repair of communities to make them safer and healthier by marshalling local workforces through ‘work-for-the-dole’;
  • improving housing and reforming community living arrangements in prescribed communities through measures such as the introduction of market-based rents and normal tenancy arrangements;
  • banning the possession of X-rated pornography and introducing audits of all publicly funded computers to identify illegal material;
  • scrapping the permit system for common areas, road corridors and airstrips for prescribed communities on Aboriginal land;
  • improving governance by appointing managers of all government business in prescribed communities.

  Further information about the Northern Territory Emergency Response is found in Section 7 of this report.

• Centrelink’s Domestic and Family Violence Strategy 2005-08 and its action plan, that aim to ensure that Centrelink’s domestic and family violence response is comprehensive, informed and supportive of the needs of its customers and the community. As an agency-wide strategy, it recognises that Centrelink is often a first-contact agency. It consists of four main components: training Centrelink customer service staff about domestic and family violence issues; improving customer service for victims of domestic and family violence; working in partnership with community; and providing input to policy.
• The Department of the Prime Minister and Cabinet’s Social Inclusion Agenda, which is a whole-of-government approach to providing opportunities for all Australians to participate in the life of the nation. The Agenda recognises the importance of allowing all Australians access to services they need and the opportunity to work; to connect with their family and friends; to become involved in their local community; to have the skills to deal with crises; and to make their voices heard. It recognises there are barriers that prevent participation. The Agenda recognises the critical role the not-for-profit sector plays in delivering services, advising and developing social policy, and advocating on behalf of marginalised groups. A strong relationship between the government and the sector will be crucial to the success of the Agenda and related reforms¹⁶⁴.
• The Family Court of Australia’s Family Violence Strategy 2004, which addresses family violence when it is an issue for its clients. It reflects considerable consultation with the legal profession, the community, clients and other service providers and recommends five key action areas, and plans for their implementation. These are: information and communication; safety; training; resolving the dispute; and making the decision. An external reference group has been established to help the Family Violence Steering Committee implement the strategy and to ensure it includes a range of views that address diverse needs and circumstances.
• The Australasian Policing Strategy on the Prevention and Reduction of Family Violence 2008, which was launched in November 2008 by the Australasian Police Commissioners. It will ensure that responses by Australasian jurisdictions are based on more consistent policies and practices and focuses on improving early intervention strategies and programs, systems of information and intelligence-sharing between police and between partnership agencies.

  The strategy earmarks 10 priorities for action including:

  • education and training – improved investigation and management of family violence;
  • research and knowledge base – sharing success across jurisdictions;
  • police and legal responses – influencing policy and legal reform;
  • incident response – applying greater consistency;
  • early intervention – shifting from reaction to prevention;
  • communication and information sharing – removing barriers between jurisdictions and agencies;
  • diverse and emerging communities – instilling confidence in the police role;
  • Indigenous family violence – addressing the over-representation of Indigenous people as victims and offenders;
  • children at risk – protecting children from family violence;
  • people affected by family violence – ensuring responses reflect the needs of victims.
  • The framework also emphasises the development of specific responses to address domestic and family violence within Indigenous families and diverse and emerging communities.
• The National Framework for Protecting Australia’s Children which is under development to produce a practical, action-focused framework to make a difference to the well-being of all children. Some $2.6 million has been allocated for the 2008-09 financial year to develop and implement the framework. FaHCSIA will be the lead agency.
• A National Homelessness Strategy, which has developed approaches to prevent and reduce homelessness and to integrate service delivery to those vulnerable to homelessness. It aims to provide a framework that:
  • improves collaboration and links between existing programs and services in a way that improves client outcomes and reduces the incidence of homelessness;
  • identifies promotable, replicable best-practice models that enhance existing homelessness policies and programs;
  • builds the capacity of the community to improve networks;
  • raises awareness of the issue of homelessness throughout all areas and levels of government and the community.

  Two streams of funding are provided under the strategy: demonstration project funding (for opportunities to trial and evaluate new and innovative approaches that prevent, reduce or respond to homelessness) and communication activity funding (for small scale, one-off initiatives that share knowledge, raise awareness and/or promote best-practice models/principles for preventing and/or responding to homelessness). Under the 2007-09 round of funding, seven demonstration projects and six communication activities received support. An example is the Djabulukgu Association’s (Kakadu Health Service) Bidygarrme – Helping Everyone project which focuses on integrated and effective access to social support services in a culturally appropriate manner. The program addresses the contributing factors of homelessness such as substance misuse and family violence.

• The Department of Human Services through the Child Support Program is producing a Domestic and Family Violence Strategy and action plan. This is as an agency-wide initiative which recognises that the agency is often one of the first contact points for separated families who have experienced domestic and family violence. It aims to ensure the agency’s response is comprehensive, informed and supportive of the needs of its customers and the community. It will comprise a comprehensive review, and update, of staff procedures; staff training and development; customer service; and continued engagement and partnership with stakeholders to address issues and improve outcomes.
• The Department of Health and Ageing is developing a National Women's Health Policy during 2009. The policy will be developed in consultation with women, women's groups, state and territory governments and other stakeholders. As in the previous National Women's Health Policy, violence against women may be an area of concern for women that is raised during the consultation process. The policy is expected to be finalised in 2010.
• The Department of Health and Ageing also has a National Strategic Framework for Aboriginal and Torres Strait Islander Health 2003-2013¹⁶⁵. The National Strategic Framework is a framework for action which was signed by all Australian governments in 2003. The aims of the National Strategic Framework are consistent with the priorities of the Australian Government in terms of life expectancy and mortality. The first two aims of the National Strategic Framework are to:
  • increase life expectancy to a level comparable with non-Indigenous Australians;
  • decrease mortality rates in the first year of life and decrease infant morbidity by:
    • reducing relative deprivation;
    • improving well being and quality of life.

  Key Result Area Four of the Framework is specifically aimed at enhancing the emotional and social wellbeing of Aboriginal and Torres Strait Islander peoples and in particular targets mental health, suicide, alcohol, and substance misuse and family violence issues, including child abuse. One of the specific objectives of this key result area is the significant reduction of the incidence of family violence and child abuse in Aboriginal and Torres Strait Islander communities.

  The Australian Government Implementation Plan 2007-2013 (the Implementation Plan) details the specific activities to be undertaken by the Australian Government to realise the aims and objectives of the National Strategic Framework. Health portfolio progress (including state and territory governments) against the implementation plan will be reported every year, and whole-of-government progress every second year.

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4.2.3 Sustained

The efforts of the Australian Government to ensure that there is ongoing funding and leadership of activities to respond to violence against women and their children are as follows.

• The National Council to Reduce Violence against Women and their Children (‘the Council’) was formed on 26 May 2008 to help fulfil the Government’s election commitment to address sexual assault and domestic and family violence in Australia. The Council is responsible for providing expert advice and direction to the Government on measures to reduce the incidence and impact of these offences on women and their children. It comprises 11 members¹⁶⁶ selected for their extensive knowledge, expertise and networks in this field. Support is provided by the Safety Taskforce Branch within FaHCSIA.

  The Council’s Terms of Reference are to:

  • Provide expert advice and direction to the Australian Government on measures to reduce the incidence and impact of domestic and family violence and sexual assault on women and their children.
  • Provide guidance to achieve the implementation of key elements of the Government’s election commitments to improve women’s safety, including progressing the development of a National Plan to Reduce Violence against Women and their Children.
  • Provide leadership in the identification of best practice, and policy and program development to prevent violence against women and their children.
  • Consult widely across government and the community, including policy makers, funding agencies, service providers, peak sector organisations, and victims, survivors and perpetrators.
  • Report biannually on progress on women and their children’s safety to the Minister for the Status of Women.
• The National Women’s Safety Taskforce was established in 2003 as a subcommittee of Women’s Advisers Meeting to address three issues of women’s safety: sexual assault, domestic violence and Indigenous family violence. The Taskforce comprises officials with responsibility for these areas across Commonwealth, state and territory governments and aims to identify opportunities for strategic collaboration.
• The Attorney General’s Department’s National Indigenous Law and Justice Advisory Body is being established.
• The Australian Social Inclusion Board was established in May 2008 to act as the main advisory body to the Australian Government on ways to achieve better outcomes for the most disadvantaged in our community. The board comprises members of the Australian community with a variety of backgrounds and a common goal of contributing to Australian society by advancing the Social Inclusion Agenda. The board met for the first time in Melbourne on 21 May 2008. The Social Inclusion Unit in the Department of the Prime Minister and Cabinet provides support to the board.
• The Child Support National Stakeholder Engagement Group was established in 2006 as the main advisory body that identifies ways to improve the Child Support Scheme and its administration through the Child Support Program. The group is jointly managed by the agency and FaHCSIA and comprises members from advocacy groups for the 1.5 million parents in the child support system, community service providers, researchers, courts, legal practitioners, government agencies and children. The group has an annual work plan which this year includes the identification and improvement of issues for families suffering, or at risk of suffering, domestic violence.

4.2.4 Prevention

To change community attitudes and prevent violence against women and their children, the Australian Government has put in place the following measures:

• Set up the National Council to Reduce Violence against Women and their Children to develop a comprehensive, evidence-based National Plan of Action.
• Funded a number of activities that support the development of the Plan including:
  • Allocating $1 million over four years to the White Ribbon Foundation to expand its campaign to promote culture change among young men into rural and regional areas.
  • Capacity building in the domestic violence network to support early intervention and prevention approaches.
  • Support to develop a national framework to drive sexual assault prevention education in Australia.

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4.2.5 Provision

The Australian Government funds and provides a range of services for victims / survivors of violence to increase their physical, mental and social wellbeing, as well as funding research and capacity building to improve the quality of those services.

Activities funded by FaHCSIA include:

• National Child Protection Week provides individuals and communities with opportunities to participate in, and contribute to, the prevention of child abuse and neglect; and to promote their own programs and projects in each state and territory. The main purpose of National Child Protection Week is to raise awareness of the point that the wellbeing and safety of Australia's children is everyone's responsibility.
• Mensline – a dedicated nationwide service for men with relationship and family concerns. It provides counselling, information and referral 24 hours a day, seven days a week.
• Under the Women’s Safety Agenda FaHCSIA funds projects that trial and evaluate new preventive and response mechanisms and/or develop and promote products that improve best-practice service delivery.
• Initiatives under the Women’s Safety Agenda include funding for:
  • Australian Domestic and Family Violence Clearinghouse;
  • Australian Centre for the Study of Sexual Assault;
  • training for nurses and Indigenous health workers in regional and rural areas;
  • funding of research projects on domestic violence and sexual assault.
• FaHCSIA’s Indigenous Family Violence Program covers projects funded through the Family Violence Partnership Program to provide education and awareness of Indigenous family violence across the spectrum through services to victims and perpetrators.

  The Family Violence Regional Activities Program provides practical and flexible support for projects identified by local communities to address family violence, sexual assault and child abuse.

• The Attorney-General’s Department funds the following services¹⁶⁷:
  • Family Relationship Centres are a source of information and confidential advice for families at all stages in their life. 65 centres are located throughout Australia. Funded by the Australian Government, the centres are staffed by independent, professionally qualified staff offering confidential and impartial services in a welcoming, safe and confidential environment.
  • The Family Relationship Advice Line is a national telephone service established to help families affected by relationship or separation issues. The advice line provides information on family relationship issues and parenting arrangements after separation. It can also refer callers to local services that can provide assistance.
  • Family Relationships Online provides information about family relationships and separation, and helps people find services across Australia. It informs families of the different services that can help them manage relationship issues such as agreeing on appropriate arrangements for children after parents separate. Service providers can also use Family Relationships Online to find local and out-of-area services that might be helpful to their clients. Family Relationship Advice Line staff use it to identify services for referrals.
  • Family Dispute Resolution is a process conducted by independent practitioners to help family members resolve some or all of their disputes through methods such as mediation and conciliation. Family dispute resolution services can help separating families resolve disputes as an alternative to going to court.
  • Family Counselling is the name for counselling under the Family Law Act 1975. Family counselling services help people with relationship difficulties to better manage the personal or interpersonal issues relating to children and family during marriage, separation and divorce. Family counselling may be about hurt feelings, problems between couples or with another person in the family, new living arrangements and issues relating to the care of children and financial adjustments.
  • Children’s Contact Services help the children of separated parents establish and maintain a relationship with their other parent and family members. The services provide a safe, reliable and neutral place to help parents with the changeover of children. They also provide supervised visits to help manage contact arrangements, especially where there are concerns about safety. The number of Children's Contact Services has been expanded to 65 across Australia.
  • The Parenting Orders Program helps separating families that are experiencing serious conflict about parenting arrangements. The Parenting Orders Program uses a variety of child-focused and child-inclusive interventions to respond more effectively and flexibly to families’ needs and tries to work with all family members. A caseworker intensively manages parents and helps them understand the effect their conflict is having on their children. Family members, including children, can receive services such as counselling, family dispute resolution and group work education as part of this program. High conflict families are referred to the program to offer separated parents an alternative to taking their disputes to court. The program has been expanded to 20 services across Australia.
  • Post Separation Cooperative Parenting gives education and support to separated parents in instances where a high level of conflict is affecting their relationships with their children. It helps them focus on the children’s needs, instead of on the conflict with the other parent. Post Separation Cooperative Parenting builds on the success of Building Connections, which was piloted by Interrelate Family Centres in regional NSW in 2005-06.
  • The Supporting Children After Separation program helps children from separating families deal with issues arising from the breakdown in their parents’ relationship and to participate in decisions that affect them. It aims to support children within the context of their family and help them manage and enhance their relationships during and after family separation.
• Centrelink delivers income support payments on behalf of the Australian Government to individuals and families, including women and children escaping sexual assault or domestic and family violence. Centrelink seeks to support women and their children who have experienced, or are at risk of experiencing, sexual assault or domestic and family violence, with flexible and supportive servicing arrangements. Centrelink social workers provide professional assessment, counselling and referral to community support services for customers who may be facing difficult personal and/or family circumstances, including sexual assault and family violence.

  With about 600 social workers nationally, help is readily accessible through Centrelink Customer Service Centres across Australia, and within the Centrelink Call Centre network. They provide support and referral for Centrelink customers seeking assistance with regard to sexual assault or domestic and family violence. They also determine a customer’s eligibility for payments/assistance due to domestic and family violence on behalf of various Australian Government departments, including:

  • crisis payments on behalf of FaHCSIA (a one-off support payment);
  • exemption from a child support assessment (assessed on behalf of the Child Support Program) that allows payment of the maximum rate of the Family Tax Benefit Part B;
  • payment of an independent rate of Youth Allowance based on the need to leave home (on behalf of the Department of Education, Employment and Workplace Relations, domestic and family violence being a common issue for these young people);
  • exemption from workforce participation requirements for income support recipients experiencing domestic violence for up to 16 weeks at a time (on behalf of the Department of Education, Employment and Workplace Relations);
  • a specialist family violence assessment service (on behalf of the Department of Immigration and Citizenship) that determines eligibility for permanent residency due to domestic violence, for a partner on a temporary (spousal) visa¹⁶⁸.
• The Department of Human Services (through the Child Support Program) funds and provides services to support the 1.5 million parents and 1.1 million children within its customer base. Services include:
  • priority and proactive referral assistance phone service for people at risk of violence or harm to self or others;
  • referral to Centrelink for cases where violence could suggest an appropriate situation for exemption from registering for child support payments;
  • proactive, warm transfer referrals and an online Community Service Directory that links families to support services including domestic violence related services;
  • immediate reporting and referral to police of trusted reports relating to violence.

  The agency also produces a range of renowned products that are in high demand and used by the services and programs outlined in this document. More than two million of these products have been distributed in the past two years. They include: self-help booklets for parents (Me and My series – What About Me, Me and My kids, Me and My ex, Me and my Changing Family) that enhance quality family relationships and help with anger management; the Staying Connected training program for parents (primarily men) that enhance family relationships and help with anger management; and self-help books for teenagers – The Teens Guide to Separation (books for younger children are in production) used in the Supporting Children After Separation program to help cope with the situation and avoid violence.

  The agency is also producing a Family Pathways internet product that includes a specific pathway for families with domestic violence issues. The pathway links families directly to options and services. It is the first product of its type and will be used by community service providers and parents to identify options and pathways through the family law and support system.

• The Department of Education, Employment and Workplace Relations has policy responsibility for income support payments for working age people, including the Parenting Payment, Newstart Allowance and Youth Allowance. The Department provides:
  • exemptions from participation requirements for up to 16 weeks at a time for parents experiencing domestic violence;
  • an independent rate of Youth Allowance based on the need to leave home due to domestic and family violence;
  • the delivery of the Personal Support Program which is a pre-employment program that provides individual assistance to help participants address the non-vocational barriers that impact on their capacity to participate in the workforce or the community. People eligible for the Program need individualised attention because of their difficult circumstances. They may face homelessness, drug and alcohol problems, psychological disorders, domestic violence or other significant barriers to participating in employment, study or the community.
• The Australian Crime Commission’s National Indigenous Violence and Child Abuse Intelligence Task Force was announced in July 2006 as part of a whole-of-government response to remedy violence and child abuse in remote, rural and urban Indigenous communities. The Task Force collects and analyses information about violence and child abuse in these communities and shares it with government and law enforcement agencies so they can make informed decisions about improving community safety. The Task Force is building an enhanced national intelligence capability on this issue, one that will inform future enforcement and wider government decision-making on addressing violence and child abuse in Indigenous communities¹⁶⁹.
• The Department of Immigration and Citizenship provides information to prospective and newly arrived migrants and humanitarian entrants, to help them settle and culturally adjust to Australian life. This information covers relationships, gender roles and equality, parenting practices, domestic violence and law and order issues. Written information is translated into a wide range of languages. For example:
  • The Australian Cultural Orientation Program is available to all refugees and humanitarian visa holders over the age of five and is delivered, when possible, over five days. The course is designed for four main groups — adults, youth, children and pre-literate entrants. It provides an initial introduction to enhance entrants' settlement prospects and their adjustment to Australian life. Family days have been developed so that family members attending different courses have one day together to learn about topics of importance such as shifting family and gender roles.
  • Information about Australian law and community standards relating to family relationships and gender equality through a variety of documents and visa requirements. This information is provided through different mediums such as departmental forms, fact sheets and other documents available on the department’s web site. Many of these products state fundamental Australian values, including respect for the individual and equality of the sexes.
  • Settlement services for eligible migrants and humanitarian entrants which focus on equipping new arrivals with the skills and information needed to participate effectively in the broader Australian community, encouraging their independence and linking them to essential services such as Centrelink and Medicare.

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  Other important services provided or funded by the Department of Immigration and Citizenship include the following:

  • The Integrated Humanitarian Settlement Strategy provides intensive, initial settlement assistance to people who have been resettled in Australia as refugees and Special Humanitarian Program entrants. This includes orientation and information on living in Australia, and discussion on issues such as domestic and family violence. Entrants are case managed on a needs-assessed basis and if issues relating to family relationships, including violence, are identified, the relevant specialist services are engaged.
  • The Settlement Grants Program funds organisations for settlement services to eligible migrants for up to five years after arrival. Services include information provision, referral to appropriate agencies and casework with individuals and families. Depending on the client, services may focus on family breakdown and/or parenting skills, including provision of information about Australian practices and laws, and referral to appropriate support services. Many organisations provide support groups for clients at risk of isolation, including immigrant women.
  • The Complex Case Support Program was implemented nationally in October 2008. It provides intensive case management to the small number of refugees who have extensive needs beyond the scope of existing settlement services. In many situations, the program’s cases involve interconnected settlement barriers (rather than a single issue) which may include: multiple and debilitating medical conditions; significant mental health problems; sexual assault or domestic and family violence; substance abuse; or crisis events after arrival in Australia. The department established a panel of service providers through an open tender process to deliver this program’s services on a needs basis.
  • Unaccompanied Humanitarian Minors are children who enter Australia on a humanitarian visa and do not have a parent to care for them. Such children, who fall within the ambit of the Immigration (Guardianship of Children) Act 1946, become wards of the Minister for Immigration and Citizenship and are provided care and welfare support by the relevant state welfare agency. Services provided by state welfare agencies include monitoring of care arrangements by a social worker and assistance with clothing, food, housing, health and educational requirements. These services are in addition to those provided through the Integrated Humanitarian Settlement Strategy to all humanitarian entrants.
  • The Adult Migrant English Program provides English lessons to eligible adult migrants. Participants can also make new friends and learn about Australia, its people and customs. Some of the department’s teaching materials developed cover relationship and parenting issues. The program’s service providers also develop their own materials for individual classes. Speakers are invited from various agencies to talk on issues such as relationships, law and order, Centrelink benefits and so forth.
  • Community relations funding to local communities through the Living in Harmony Program for a broad range of projects that help Australians combat racism and intolerance. Some of these projects have a focus on empowering women, strengthening support networks to help overcome isolation, and increasing awareness of services, social norms and laws.
  • Multicultural affairs funding to the Federation of Ethnic Communities’ Councils of Australia to advocate, develop policy and promote issues on behalf of culturally and linguistically diverse Australians. As part of its 2007-08 and 2008-09 work plans, the Federation partnered with the White Ribbon Foundation to involve culturally and linguistically diverse Australians in the White Ribbon Campaign. During 2008, it held a community workshop to discuss ways to engage communities in the campaign and a White Ribbon Day morning tea on 24 November to raise awareness.
  • Australia’s Humanitarian Program has a special ‘Woman at Risk’ category visa. This helps women who are subject to persecution, who are of concern to the United Nations High Commissioner for Refugees, or who are living outside their home country without the protection of a male relative and are in danger of victimisation, harassment or serious abuse because of their gender. In 2007–08, 819 visas were granted to Woman at Risk applicants. This represented 13.7 per cent of the refugee category allocation, exceeding the nominal annual target of 10.5 per cent. The level of Woman at Risk visa grants for 2007–08 was the fourth highest since this visa sub-class was established in 1989. A total of 8,810 Woman at Risk visas have been granted since this time.
• The Australian Human Rights Commission (the Commission) has statutory responsibilities including education and public awareness raising; discrimination and human rights complaints; human rights compliance; and policy and legislative development. It provides the following services:
  • Women and children in immigration detention facilities - the Commission undertakes work aimed at raising awareness and monitoring and preventing human rights violations (including violence and abuse) of immigration detainees. This work includes: educating the Australian public, for example through speeches or educational materials and national inquiries (such as A Last Resort: National Inquiry into Children in Immigration Detention); monitoring the conditions within detention facilities through regular inspections; and developing minimum standards for the protection of human rights in immigration detention. The Commission is completing a report on its inspections of immigration detention facilities for 2008. The report will be published on its web site early in 2009.
  • Women with disability and their children - the Disability Discrimination and Sex Discrimination Commissioners discuss issues about violence and women with disability at community and government meetings and through speeches to raise awareness.
  • Indigenous Women and their Children - since 2007, the Commission has been developing resources and delivering training to Indigenous Community Legal Education workers as part of their preparation for employment in Family Violence Prevention Legal Services. The role of the Community Legal Educators is to raise awareness of the relationship between Australian law, customary law and human rights as it intersects with family violence. The educators work with Indigenous community members; particularly elders, women and youth, to speak out about family violence and to recognise that violence is inconsistent with customary law, the Australian legal system and human rights. The Commission's training package includes content on community development approaches and community campaign strategies to promote healthy behaviours and help-seeking behaviours in Indigenous communities. Legal educators are trained in developing effective relationships and initiating projects with supporting services and key stakeholders such as police, the legal profession, field officers and other para-professionals. The training is nationally accredited, providing credit towards competencies in the National Indigenous Legal Advocacy courses.
  • Research and reporting - the Commission conducts research and publishes reports that are used to inform government policy on family violence in Indigenous communities, and as an education and awareness-raising resource for government, the community and the public. For example, the Commission produced a community guide on family violence programs that were profiled in the Social Justice Report 2007. These documents are distributed to the public to raise awareness of the issues and how these issues can be addressed. Over the past five years, the Aboriginal and Torres Strait Islander Social Justice Commissioner has conducted research into family violence and abuse in Indigenous communities. A summary of that research was published in 2006 titled: Ending Family Violence and Abuse in Aboriginal and Torres Strait Islander Communities. The research identified 10 principles that provide a foundation for policy and program development in family violence prevention.
  • Sexual harassment education - the Commission produces many online education resources, speeches and publications on sexual harassment. In 2008, the Commission launched its National Telephone Survey on Sexual Harassment, a Revised Code of Practice on Preventing Sexual Harassment, and A Quick Guide to Preventing Sexual Harassment. It also produces resources for teaching and learning activities about sexual harassment, including Tackling Sexual Harassment in Your School. This program is made up of a series of structured activities that will help students understand key aspects of sexual harassment law; identify behaviour that would constitute sexual harassment; understand the reasons why some people might engage in sexual harassment; understand the effect that sexual harassment can have on people; develop strategies to address sexual harassment; and apply their knowledge and understanding of this issue to their school community.
  • The ‘Living Spirit’ forum - this was a dialogue between Muslim and non-Muslim Women, hosted by the Commission. Many strategies emerged from this dialogue to help combat racist violence against Muslim and Arabic women.
• The Department of Defence's key family support agency is the Defence Community Organisation (DCO). DCO provides support to families who are experiencing or are at risk of domestic violence through a generalist social work service and referrals to agencies with expertise in domestic violence. Service families may self-refer or be referred to the DCO’s social workers to address the causes and impact of domestic violence. The Department also provides safe houses for women and children experiencing domestic violence.
• A Defence Instruction is in place that gives Commanders discretion with regard to access to Australian Defence Force (ADF) weapons by ADF members who are subject to state or territory court or police orders that are issued for the protection of one person against another. The Instruction specifically applies to weapons protection orders, which limit or restrict access to a weapon or firearm.
• The Department of Health and Ageing in partnership with FaHCSIA’s Safety Taskforce Branch, is responsible for two components of the Domestic Violence initiative, under the Women’s Safety Strategy:
  • Providing incentive payments, through the Practice Incentives Program (PIP) to encourage general practices in rural and remote areas to act as a referral point for women experiencing domestic violence.
  • Promoting the initiative, facilitating access to training and providing support to practice nurses and Aboriginal health workers working in PIP-eligible practices to participate in the training. The Department has engaged the Australian General Practice Network to promote the training program and to support eligible participants with travel and accommodation costs to attend the face-to-face training.
  • The Department also provides the New Early Intervention Services for Parents, Children and Young People measure, which aims to support early intervention for children and young people at risk of developing mental health problems. This includes focusing on high risk groups, including children who have experienced trauma, loss or grief.
• The Department of Veterans’ Affairs has established the Veteran and Veterans’ Families Counselling Services which provide counselling and group programs to Australian veterans, peacekeepers and their families. The Veteran and Veterans’ Families Counselling Services’ psychologists and social workers can work with families experiencing or at risk of experiencing domestic violence and will also make referrals to appropriate community based organisations to facilitate more specialised support. A number of Department policies and guidelines are also in place to support staff to respond effectively to veterans and their families experiencing domestic violence, including notifying child protection agencies in cases that involve children. The Veteran and Veterans’ Families Counselling Services has also developed a fact sheet for use by clients that outlines what domestic violence is, how it presents itself, the feelings and thoughts victims are likely to experience and information on how to address it and who can help.

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4.2.6 Prosecution

The following legislation is in place at the national level which aims to protect the rights of women and to ensure there is an appropriate legal response to violence:

• The Racial Discrimination Act 1975 gives effect to Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to: promote equality before the law for all people, regardless of their race, colour or national or ethnic origin; and make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful. Section 18C deals with racial hatred.
• The Family Law Act 1975 sets out the law regarding divorce, parenting and child maintenance. It also covers the division of property between married or formerly married couples (but not de facto couples). Violence is referred to many times, but see particularly section 60CC and section 60CG (best interests of the child), section 60K (court to take prompt action where there are allegations of violence), section 61DA (presumption of equal shared parental responsibility does not apply where there has been violence), and Division 11 (inconsistency between protection orders and Family Court orders). The Act was amended in 2006 to require the court to consider whether the child should spend equal time or substantial and significant time with each parent, and to emphasise referral to family dispute resolution rather than court proceedings.
• The Sex Discrimination Act 1984 gives effect to some of Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156. Its major objectives are to: promote equality between men and women; eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities; and eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs. Section 28A defines sexual harassment.
• Human Rights and Equal Opportunity Commission Act 1986 established the Human Rights and Equal Opportunity Commission (known as the Australian Human Rights Commission) and gives it functions, including handling of individual complaints, in relation to the following international instruments ratified by Australia: International Covenant on Civil and Political Rights; International Labour Organisation Discrimination (Employment) Convention ILO 111; Convention on the Rights of the Child; Declaration of the Rights of the Child; Declaration on the Rights of Disabled Persons; Declaration on the Rights of Mentally Retarded Persons; and Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. The Aboriginal and Torres Strait Islander Social Justice Commissioner has specific functions under the Human Rights and Equal Opportunity Commission Act 1986 and the Native Title Act 1993 to monitor the human rights of Indigenous people.
• Social Security Act 1991 sets out the law for the provision of payment to eligible people in Australia, certain pensions, benefits and allowances, and for other related purposes. The Northern Territory Emergency Response comes under the income management provisions of this Act.
• Migration Regulations 1994 outline special provisions relating to family violence for applicants who have applied for a spouse, interdependency or relevant business visa that may be granted as part of Australia’s migration program. The Family Violence Provisions (FVP) in the regulations allow certain people applying for permanent residency in Australia to continue with their application after the breakdown of their spouse or interdependent relationship if they, or a member of their family unit, has experienced relevant family violence committed by their spouse or interdependent partner.

  Under the provisions, people who are in Australia and who are applicants for certain family-stream or skilled-stream (business) visa classes may enliven the provisions’ regulations providing they can prove that their relationship was genuine and continuing until it ceased due to family violence. When a Department of Immigration and Citizenship’s decision-maker is unable to determine whether family violence has taken place based on the information before them, the applicant’s family violence claims are referred to an independent expert for assessment. This expert is Centrelink, and the Department of Immigration and Citizenship is bound by the assessment made by a Centrelink Senior Social worker. (Note: Before 15 October 2007, the regulations referred to ‘domestic violence’ but were changed to reflect amendments to the Family Law Act 1975.)

• The Child Support Assessment Act 1989 (section 151A) specifically provides an opportunity for parents to be exempted from the requirement to register for child support should family violence be an issue.
• Family Law Amendment (Shared Parental Responsibility) Act 2006 was introduced on 1 July 2006, and represents a generational change in family law. It aims to bring about a cultural shift in the management of family separation away from litigation and towards cooperative parenting. A new objective clarifies that children need to be protected not only from direct harm, but from harm that comes from being exposed to family violence against others. The Act includes a new power for the courts to require state and territory agencies to provide information and reports that they may have about allegations of family violence or abuse. The Act provides a less adversarial approach to children’s proceedings, providing a new case-management approach that will better focus on children and will ensure that issues of violence and abuse are dealt with at an early stage in children’s proceedings¹⁷⁰.
• Northern Territory Emergency Response Act 2007, among other laws, introduces mandatory reporting of family violence.
• United Nations Convention on the Elimination of all Forms of Discrimination against Women (signatory 1983) and Optional Protocol guarantee women equal rights with men in all spheres of life, including education, employment, health care, electoral voting and marriage. The Committee on the Elimination of Discrimination against Women was established to review reports that all signatory countries must submit on the status of women. An Optional Protocol for the convention was adopted by the United Nations in 1999. Nation states that ratify the protocol consents to the Committee on the Elimination of Discrimination against Women – the body that monitors states parties’ compliance with the convention – receiving and considering complaints from individuals or groups within its jurisdiction¹⁷¹ . Australia is moving to ratify the Optional Protocol before International Women’s Day on 8 March 2009.
• United Nations Convention on the Rights of the Child 1990 sets out the civil, political, economic, social and cultural rights of children. It articulates the basic human rights of children: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life¹⁷².
• The United Nations Convention on the Rights of Persons with Disabilities was ratified by Australia on 17 July 2008 (Article 16 concerns freedom from exploitation, violence and abuse). National Interest Analysis is proposing that Australia become a party to the Optional Protocol to the Convention on the Rights of Persons with Disabilities tabled 3 December 2008.

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163. Attorney-General’s Department, Family Relationship Services – Overview of Program, Commonwealth of Australia, Canberra, viewed December 2008.
164. Department of the Prime Minister and Cabinet, Social Inclusion website (www.socialinclusion.gov.au/Pages/default.aspx). Commonwealth of Australia, Canberra, viewed December 2008.
165. Department of Health and Ageing, The National Strategic Framework for Aboriginal and Torres Strait Islander Health 2003-2013, Commonwealth of Australia, Canberra, 2002, viewed December 2008.
166. Council members are: Libby Lloyd (Chair), Heather Nancarrow (Deputy Chair), Council members Pauline Woodbridge, Dorinda Cox, A/Professor Moira Carmody, Dr Melanie Heenan, Maria Dimopoulos, Rachel Kayrooz, Vanessa Swan, Andrew O’Keefe and Lisa Wilkinson (as of March 2009).
167. Attorney-General’s Department, Family Relationship Services – Overview of Program, Commonwealth of Australia, Canberra, viewed December 2008.
168. Centrelink, Internal communication, Commonwealth of Australia, Canberra, December 2008.
169. Australian Crime Commission, National Indigenous Violence and Child Abuse Intelligence Task Force Information Sheet, Commonwealth of Australia, Canberra, 2007.
170. Attorney-General’s Department, Family Law Amendment (Shared Parental Responsibility) Act, Commonwealth of Australia, Canberra, viewed December 2008.
171. United Nations, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, United Nations, New York, 2000, viewed December 2008.
172. UNICEF, Convention on the Rights of the Child (www.unicef.org/crc/), United Nations, New York, 1989, viewed December 2008.