Framework for action
Chart 1- Domestic Violence: a framework for action | The Strategy
Principles | Legislation | Interagency collaboration | Knowledgeable and skilled workers
The Strategy
The NSW Government has adopted a statewide whole of government Strategy to Reduce Violence Against Women.
The strategy aims to develop and promote effective prevention strategies and to improve access to services.
The strategy is underpinned by:
- Agreed principles
- Legislation
- Interagency collaboration
- Knowledgeable and skilled workers.
| The strategy is funded by the Attorney General’s Department, the Department of Community Services, NSW Health, the Department of Housing and NSW Police in partnership with the Department for Women and the Department of Education and Training.
These Interagency Guidelines are one element in the overall strategy. |
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Principles
The Strategy to Reduce Violence Against Women is informed by:
See Part 5 Appendix A for details of all these principles. Extracts are below.
Domestic violence principles
Right to be free from violence
- All individuals have the right to be free from violence, in particular women and children have a right to live safely and free of fear within their own homes.
- All forms of violence are unacceptable in any group, culture or creed.
Domestic violence
- Domestic violence is a range of abusive behaviours, perpetrated by one partner upon the other to gain and maintain control.
- Domestic violence damages the well-being and future life chances of women and children.
- Domestic violence occurs across all cultural and socioeconomic groups.
- Domestic violence is a phenomenon based in and perpetuated by existing societal conditions and social relations which reflect gender inequality and promote male power.
- Domestic violence is perpetrated by men in an overwhelming majority of cases.
The perpetrator is responsible
- Acts of domestic violence and its consequences are the sole responsibility of the perpetrator.
Often criminal
- Many acts of domestic violence are criminal.
Safety and protection a first priority
- The safety and ongoing protection of women and children who have experienced or are experiencing domestic violence must be the first priority in any response.
The community has a responsibility to act
- The community has a responsibility to work towards the prevention of domestic violence and to demonstrate the unacceptability of all forms of domestic violence.
- Essential to any response are early identification, appropriate intervention and long-term solutions to provide for the well-being and life chances of women and children who have experienced domestic violence.
- Language and cultural needs of women of non-English speaking background and Aboriginal women must be considered in any response.
- Specific needs of people with disabilities should be addressed.
- Education and programs to promote gender equality are required to redress community apathy towards and tolerance of domestic violence.
| Interagency collaboration and coordination
- Dealing with domestic violence is a responsibility of the whole community and one that is shared by government and non-government agencies which must coordinate their actions and work collaboratively.
- All services, which respond to domestic violence will adopt policies, procedures, programs and training in accordance with the above principles.
Other principles
Child protection principles
- The safety, welfare and well-being of the child or young person are paramount.
- Children and young people must be given the opportunity to participate at a level appropriate to their age and development in decisions which significantly impact on their lives.
- Families must be given an opportunity to participate in decisions which affect the safety, welfare and well-being of a child or young person.
- The least intrusive intervention is used in order to protect the child or young person from harm, taking into account that the paramount concern must be to protect the child or young person from harm and promotes their development.
- Children and young people who are unable to live with their families will be provided with an environment which meets their care, support, education and health needs.
- Intervention aims to empower those who are experiencing or have experienced domestic violence and encourage their self-determination. Intervention should also promote positive future outcomes which are not focussed solely on the woman's immediate needs.
Victims’ rights
Section 6 of the Victims Rights Act 1996 outlines 17 rights in the Charter of Victims Rights including the following:
- A victim should be treated with courtesy, compassion, and respect for the victim's rights and dignity.
- A victim should be informed at the earliest practical opportunity, by relevant agencies and officials, of the services and remedies available to the victim.
- A victim should have access, where necessary, to available welfare, health, counselling and legal assistance responsive to the victim's needs.
- A victim should be protected from unnecessary contact with the accused and the defence witnesses during the Court proceedings.
- A victim of a crime involving sexual or other serious personal violence should be entitled to make a claim under a statutory scheme for victim's compensation.
Rights of clients using support services
Women experiencing domestic violence using services such as the Women’s Domestic Violence Court Assistance Schemes have a right to:
- Have control over their own lives and always have the choice of accepting information.
- Be acknowledged as being in the best position to understand and express to the support service workers their need for assistance.
- Privacy and confidentiality with regard to client information.
- Be treated by all support service workers with compassion and courtesy and with due respect for their personal rights, dignity and well being.
- Expect assistance that is reliable, of high quality and culturally and linguistically appropriate.
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Legislation
Two key pieces of legislation are:
Some other relevant Acts include:
Part 15A of the Crimes Act is the most significant legislation in relation to Apprehended Violence Orders (AVOs). Part 15A was brought into legislation through the Crimes (Personal and Family Violence) Amendment Act 1987.
Part 15A was amended by the Crimes Amendment (Apprehended Violence) Act 1999 in relation to AVOs, the offence of stalking/intimidation and associated matters.
This Act commenced on 26 April 2000 (Stop Domestic Violence Day).
This Act made significant changes to AVOs including the ways in which police investigate and respond to domestic violence.
Police and other key players like Chamber Magistrates and Magistrates must be guided by the Objects Statement for AVOs set out in the legislation.
Personal violence offences are contained within the Crimes Act.
Legislation is constantly under review and there has been a series of amendments to some of the legislation noted above.
These Guidelines will be updated, at least on a six monthly basis, as legislative changes and organisational policy changes are made. | The law governing AVOs
The objects of the Crimes Amendment (Apprehended Violence) Act 1999 are:
- to ensure the safety and protection of all persons who experience domestic violence, and
- to reduce and prevent violence between persons who are in a domestic relationship with each other, and
- to enact provisions that are consistent with certain principles underlying the Declaration on the Elimination of Violence against Women.
The law governing AVOs aims to achieve its objects by:
- empowering courts to make apprehended domestic violence orders to protect people from domestic violence, and
- ensuring that access to courts is as speedy, inexpensive, safe and simple as is consistent with justice.
In enacting the law governing AVOs, Parliament:
- recognises that domestic violence, in all its forms, is unacceptable behaviour, and
- recognises that domestic violence is predominantly perpetrated by men against women and children, and
- recognises that domestic violence occurs in all sectors of the community.
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Interagency collaboration
Dealing with domestic violence, like dealing with child protection, is a responsibility of the whole community and one that is shared by government and non-government agencies.
No single agency has all the knowledge, skills or authority to safeguard victims of domestic violence and prosecute alleged offenders.
Domestic violence work requires the best expertise and resources available and this is only achieved by collaboration and coordination.
These Guidelines are one strategy for improving cooperation, coordination and collaboration across agencies in responding to domestic violence. Other strategies involve legislation, policy, appropriate organisational structures and training.
As a basis for interagency domestic violence work, it is expected that practitioners and agencies will share the following: |
- An understanding of the aims of intervention and of what is good practice
- An appreciation of and respect for different roles and different contributions of practitioners and agencies
- A commitment to partnership between the government and non-government sectors in achieving good practice responses
- An understanding of the context in which agencies work and acknowledgment of their constraints
- Preference for coordinated effort rather than unilateral action by a single agency or uncoordinated action by a number of agencies
- A willingness to learn from each other.
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Knowledgeable and skilled workers
Working with people in situations of domestic violence demands a high level of skill due to the complex nature of the issue.
Understand impact on victim and offender behaviour
Workers in the field need to have a solid understanding of the impact domestic violence has on victims and the manner in which offenders behave.
Understand myths and misconceptions
Workers need to be able to expose myths and explore the beliefs that underlie them.
Domestic violence occurs across all social and economic groups and across all cultures and religions. There are many popular ideas and myths which exist in the community which claim that domestic violence is caused by alcohol or drugs, financial or employment problems, or that it only takes place within particular cultural groups. Reliable research indicates that this is not correct, although these factors may be present. | Encourage victims to report and respond positively to disclosures
Workers needs to encourage victims of domestic violence to report this crime by responding respectfully and positively to any disclosure or complaint.
Link with other agencies
Workers need to link with other key agencies to assist and support victims, and to develop strategies to work toward the reduction of domestic violence in NSW.
Ensuring victim safety and reducing domestic violence in the community
Domestic violence is an area of considerable legal and social complexity. All those working with victims of domestic violence need to develop a clear understanding of their responsibilities in ensuring victim safety and reducing the level of domestic violence in our communities. |
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