Principles
Domestic violence principles | Child protection | Victims rights
In relation to AVOs the objects in Part 15A of the Crimes Act also underpin the work of agencies.
Domestic violence principles
These principles have been agreed by Departments and Agencies developing these Interagency Guidelines.
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 are 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.
- 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.
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Child protection principles
The follow principles underpin the Children and Young Persons (Care and Protection) Act 1998 when working with children or young people affected by or likely to be affected domestic violence. They include:
- 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
- child protection decisions must take account of the culture, disability, language, religion and sexuality of the child or young person
- family and carers families must be given an opportunity to participate in decisions which affect the safety, welfare and well-being of a child or young person
- acting to protect a child or young person, practitioners or agencies should maintain the child’s or the young person’s relationships and sense of identity and should intervene only as far as is required to secure their safety, welfare and well-being
- 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
- government agencies will work in partnership with each other, with non-government organisations and with the child or young person and their family to secure and sustain their safety, welfare and well-being
- government and non-government agencies will follow policies and practices, that staff are qualified, trained and supervised and the Working With Children Check is conducted.
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Victims Rights
The following Charter of Victims Rights is enshrined in the Victims Rights Act 1996.
- 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 victim's needs.
- A victim should, upon request, be informed of the progress of the investigation of the crime, unless the disclosure might jeopardise the investigation. In that case, the victim should be informed accordingly.
- A victim should, on request, be informed of the following:
The charges laid against the accused or the reasons for not laying charges,
Any decision of the prosecution to modify or not to proceed with charges laid against the accused, including any decision for the accused to accept a plea of guilty to a less serious charge in return for full discharge with respect to the other charges,
The date and place of hearing of any charge against the accused, and,
The outcome of the criminal proceedings against the accused (including proceedings on appeal) and the sentence (if any) imposed.
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- A victim who is a witness in a trial for the crime should be informed about the trial process and role of the victim as a witness in the prosecution of the accused.
- A victim should be protected from unnecessary contact with the accused and the defence witnesses during the Court proceedings.
- A victim's residential address and telephone number should not be disclosed unless a Court otherwise directs.
- A victim should be relieved from attending preliminary hearings or committal proceedings unless the Court otherwise directs.
- If any property of a victim is held by the State for the purpose of investigation or evidence, the inconvenience to the victim should be minimised and the property returned promptly.
- A victim's need or perceived need for protection should be put before a bail authority by the prosecutor in any bail application by the accused.
- A victim should be informed about any special bail conditions imposed on the accused that are designed to protect the victim or the victim's family.
- A victim should be informed of the outcome of a bail application if the accused has been charged with sexual assault or other serious personal violence.
- A relevant victim should have access to information and assistance for the preparation of any victim impact statement authorised by law to ensure that the full effect of the crime upon the victim is placed before the court.
- A victim should, on request, be kept informed of the offender's impending release or escape from custody, or of any change in security classification that results in the offender being eligible for unescorted absence from custody.
- A victim should, on request, be provided with the opportunity to make submissions concerning the granting of parole to a serious offender or any change in security classification that would result in a serious offender being eligible for unescorted absence from custody.
- 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.
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Services user rights
Service provision agencies usually have a statement of service user rights. The following have been adopted by the Women’s Domestic Violence Court Assistance Schemes:
- To particulate fully in the life of society
- To be treated with compassion and courtesy and with due respect for their personal rights, dignity and well being
- To have non judgmental information about the Court processes, relevant to their needs to enable active choices and decision making.
- To participate in decision making, concerning the type of assistance provided and the manner in which it is provided.
- To expect assistance that is reliable, of high quality and culturally and linguistically relevant.
- To expect assistance which is appropriate to the client's expressed needs, and is flexible in response to the client's changing needs and priorities.
- To have grievances about service delivery heard and dealt with in a fair and objective manner.
- To privacy and confidentiality (except where compelling ethical, moral or legal reasons override such provisions, eg child protection legislation).
- To see any information about themselves held by the Centre in their files (and to correct any wrong information).
- To express grievances and seek redress without fear of it affecting decisions relating to the assistance they receive.
- To have grievances about service delivery heard and dealt with in a fair and objective manner.
- To refuse a service (and refusal should not prejudice their future access to services).
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The legislation
The Crimes Act sets out the objects for the Apprehended Domestic Violence Orders Division of the Crimes Act 1900 (Section 562AC).
(1) The objects of this Division 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.
(2) This Division 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.
(3) In enacting this Division, 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.
(4) A Court that, or person who, exercises any power conferred by or under this Part in relation to domestic violence must be guided in the exercise of that power by the objects of this Division. |
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