Restorative justice for domestic and family violence : hopes and fears of Indigenous and non-Indigenous Australian women

In 2000, recommendations from two Australian taskforce investigations highlighted opposing views, seemingly reflecting a racial divide, on the utility of restorative justice as a response to domestic violence. Drawing on the literature and semi-structured interviews with Indigenous and non-Indigenous Australian women, this chapter explores this apparent racial divide and seeks to explain the incongruence in the taskforce recommendations. The analysis finds the incongruence is centred on the symbolic meaning each group of women attributes to the role of the state, embodied in the criminal justice system, and differing justice objectives. While the non-Indigenous women fear that restorative justice will reinforce the dominant male paradigm, the Indigenous women are hopeful that it can overcome the limitations of the criminal justice system in achieving both gender and racial equality, though this is contingent on elements that do not exist in current restorative justice models

Preventing domestic violence : an analysis of the application of four crime prevention approaches

This paper analyses the applicability of four crime prevention approaches for ending domestic violence, with specific reference to the Queensland, Australia context. The analysis is based, firstly, on consideration of theories that seek to explain the gendered nature of domestic violence and how understandings of causal factors arising from these theories point to appropriate strategies for intervention. Secondly, the analysis draws on crime prevention theory and assesses the application of current domestic violence prevention strategies that fit with four different approaches from criminology. These four approaches are: criminal justice approaches; situational approaches; community (social) approaches; and developmental approaches. The paper concludes that domestic violence is a complex criminal justice problem and consequently its prevention is a complex matter, requiring multiple approaches. Therefore, there is merit in all four crime prevention approaches being applied simultaneously in response to domestic violence. As some strategies risk having different outcomes for different sections of the community, however, it is important that policies and programs are developed and implemented in ways that maximize equity across the community. Finally, service providers and funding bodies must recognise the need for long-term investment in domestic violence prevention programs

Time is of the essence : progress on the National Council's plan for Australia to reduce violence against women and their children

In May 2008, the Australian Government established the National Council to Reduce Violence against Women and their Children to develop a national plan of action. The result, “Time for Action: The National Council's Plan for Australia to Reduce Violence against Women and their Children 2009-2021”, was presented to the Prime Minister of Australia in April 2009. The National Council’s plan was met with a commitment from the Prime Minister to immediately implement 11 of 20 actions identified by the National Council as requiring priority action and to work with state and territory governments, through the Council of Australian Governments (COAG), to endorse a national plan of action by 2010. This article explains the theoretical underpinnings and the research processes adopted by the members of the National Council in the creation of “Time for Action” and, with the emphasis on aspects of “Time for Action” that deal with law and justice issues, it examines the progress to date on the implementation of the commitments made by the Prime Minister in April 2009. While the Australian Government has made good progress on actions that fall within its jurisdiction, the commitment to deliver a COAG endorsed plan had not been met at the time the article went to print

Violence prevention for 'enmeshed' dating relationships: interpreting Queensland's civil law

In March 2003, legislative changes to Queensland’s Domestic and Family Violence Protection Act 1989 commenced, extending the coverage of the Act to some non-spousal relationships, including ‘enmeshed’ dating relationships. The concept of enmeshed dating relationships was constructed in the 1999 Model Domestic Violence Laws, a project of the national Partnerships Against Domestic Violence initiative, to limit the application of the civil law to cases warranting a civil law response. Leading up to the introduction of Queensland’s Amendment Bill there was much debate about the appropriateness of the limitation, and the clarity of the provision in the Bill and within a year of the amended Act commencing there were reports of a high level of inconsistency in the way that service providers and magistrates interpreted the concept. Qualitative research comprising a survey of magistrates, interviews with Domestic Violence Court Assistance Workers and interviews with women in dating relationships whose applications for a protection order had been considered by a Magistrates Court found little evidence of inconsistencies in the way magistrates apply the provision. However, it highlights the need for greater clarity about the policy intent and consistent inter-agency training in relation to the provision

In search of justice for domestic and family violence : Indigenous and non-Indigenous Australian women's perspectives

In 2000, reports of two Australian taskforce investigations considering justice responses to violence against women contained opposing recommendations about the suitability of restorative justice for cases of domestic and family violence. One taskforce was composed entirely by Indigenous women while the other was composed predominantly by non-Indigenous women. This paper analyses interviews with members of each taskforce, confirming a split between Indigenous and non-Indigenous women on the appropriateness of restorative justice in cases of domestic and family violence. There was some agreement between Indigenous and non-Indigenous women's views about the potential for combining elements of the criminal justice system and restorative justice, although this potential was conditional on various factors specific to each group of women

Aboriginal and Torres Strait Islander Family Violence : facts and figures

This resource sets out a 'facts and figures' overview of family violence impacting Aboriginal and Torres Strait Islander peoples. A detailed discussion is not intended

Koora the Kangaroo: violence prevention at Woorabinda State School: evaluation report

In late 2002, Ailsa Weazel, Co-ordinator of Gumbi Gunyah Women’s Shelter met with Heather Nancarrow who was working on a project concerned with justice strategies to deal with family violence. Ailsa expressed her grave concerns about increased violence in Woorabinda and a lack of respect for culture and elders among the community’s children. Ailsa saw this as a consequence of violence, including family violence, being an accepted ‘norm’ in the community and she identified a desperate need for intervention to bring peace and hope for the children’s future and that of their community. Ailsa had a vision of a program for young children incorporating traditional story-telling methods to communicate community values and respect for culture to respond to the need she had identified. In early 2003, Heather became the Director of the Queensland Centre for Domestic and Family Violence Research (CDFVR), Central Queensland University, and in this role, she offered Ailsa assistance to develop and evaluate the program she envisioned. This offer resulted in a collaborative project between Ailsa, Centre for Domestic and Family Violence Research and the Woorabinda State School (WSS). Initial project planning and development was undertaken by Ailsa, Heather and CDFVR’s Education Officer, Michelle Bradford. The purpose of the project was to develop, trial and evaluate a violence prevention strategy that was based on Ailsa’s vision and culturally appropriate to students at Woorabinda State School. -- Introd

Breaking the cycle: Trial integrated response to domestic and family violence in Rockhampton. Client experiences and outcomes

The need for systems working together effectively in responding to intimate partner abuse has been recognised for more than two decades, and various models of co-operative, collaborative, co-ordinated and integrated criminal justice and service system responses have emerged. At the core of such models is the belief that because the nature of domestic violence is complex and recurring, it requires a response that is comprehensive, co-ordinated and meaningfully engages community and government service providers (Spohn 2008). Since the mid-1990s there have been numerous developments in Australia, at local and jurisdictional level, towards co-ordinated or integrated responses to domestic violence. Within the context of its whole-of-Government strategy to reduce domestic and family violence (“For our sons and daughters” 2009-2014), the Queensland Government (under the leadership of the Department of Communities) has been trialling an integrated response to domestic and family violence in Rockhampton, Central Queensland, known as “Breaking the Cycle” (BTC). This integrated service delivery model aims to: improve the safety and well-being of people affected by domestic and family violence; reduce the demand on the current service systems (statutory, courts, human services); increase the efficiency and effectiveness of the human and justice service systems in responding to domestic and family violence; and build the skills of service providers to increase their ability to provide the best possible services to clients and break down the barriers to integrated workin

Restorative justice and youth violence towards parents

This chapter presents three cases of sons’ violence against mothers that were handled by a diversionary youth conference, a restorative justice process. Drawing on interviews with conference coordinators and victims, the analysis considers the histories, contexts, and dynamics of the violence; what happened in the conference, including gendered power dynamics and re-victimization; and the women’s experiences during the conference and post-conference. The literature on youth parental violence and debates on the appropriateness of restorative justice for domestic or partner violence cases is reviewed and assessed. The dynamics of male youth offender cases are similar to those of their adult counterparts; and thus, the youth cases provide insight on the strengths and limits of restorative justice for partner violence

The impact of intimate partner abuse on women’s health in the Bowen Basin and Mackay region of Central Queensland, Australia

Objectives: To ascertain the prevalence of male-to-female partner abuse in the Bowen Basin and Mackay region and to identify the impact of this abuse on women’s health status and help-seeking behaviour. Methods: A stratified random sample of 532 adult women living in intimate, heterosexual relationships was surveyed by telephone in June and July, 2007. The interview schedule included measures of physical and non-physical abuse by current partners, socio-demographic and behavioural characteristics of women and their partners, physical and mental health, and help-seeking. For most analyses, data were weighted to reflect the actual population distribution of the Bowen Basin region including Mackay. Results: Nine point two per cent of women had experienced some form of physical abuseand 29.1 had experienced some form of non-physical abuse at some time in their current relationship. Partner abuse had little impact on women’s physical well-being at a population level. However, all forms of abuse were strongly correlated with negative impacts on women’s mental health. Women subjected to physical abuse in the preceding 12 months were 16.1 times more likely to show evidence of severe psychological symptomatology and 5.0 times more likely to show evidence of depression. Conclusion: The study found significant negative mental health consequences for women experiencing any form of abuse and reluctance to seek counselling and support services. Support services and education and prevention programs must recognise that all forms of partner abuse, including non-physical forms, result in depression and severe psychological symptomatology which are likely to affect women’s help seeking behaviour