Parliamentary Committees

Social Development Committee: Domestic and Family Violence

Adjourned debate on motion of Hon. G.E. Gago:

That the report of the committee, on domestic and family violence, be noted.

(Continued from 13 April 2016.)

The Hon. G.A. KANDELAARS (16:32): I rise to speak to the report of the Social Development Committee's inquiry into domestic and family violence. As members are aware, I had the privilege of being the presiding member of the committee for much of the time the committee dealt with this inquiry. Domestic violence is a blight on Australian society, costing an estimated $21 billion a year and rising. One woman is hospitalised every three hours due to domestic violence in this country; 84 women were murdered by a partner or former partner in Australia in the last year. It is estimated that three-quarters of a million women in Australia are affected. More than half of the women experiencing domestic violence have one or more children under their care. These are but a few of the statistics that highlight the tragedy of domestic violence in Australia.

There were a number of areas the Social Development Committee certainly highlighted to me. On a positive, the Multi-Agency Protection Service (MAPS) has significantly improved the risk assessment of domestic and family violence incidences and many other Australian jurisdictions are looking to the South Australian model. MAPS goes hand in hand with the family safety framework which brings government agencies and NGOs together collaboratively at a local level, sharing information on high-risk cases.

But other areas do need some special focus. Aboriginal and Torres Strait Islanders are vastly over-represented in domestic and family violence cases. Again here the statistics are staggeringly tragic. An estimated 25 per cent of Aboriginal women experience one or more incidences of violence a year. Aboriginal people represent approximately 3 per cent of the Australian population, yet constitute 13 per cent of homicide victims and 11 per cent of homicide offenders. I believe there is a need for a concerted effort to engage with the Aboriginal community through their various representative organisations.

In my view the commissioners for Aboriginal engagement could provide valuable assistance in coordination and focus on domestic violence in Aboriginal communities. They are aware of the cultural sensitivities and could bring together the various Aboriginal groups to focus in on this issue. What I will emphasise is that the need for action on domestic violence in Aboriginal communities needs to be driven from within those communities.

Another area of special focus is the culturally and linguistically diverse CALD communities because of language and cultural issues. One such issue is that in some CALD communities there is a reluctance to report domestic violence (DV) because of community stigma. That is an issue that needs to be addressed. Again, it is my view that Multicultural SA could be of significant assistance here.

Another issue is the need for the federal government to take more action around visas, particularly where perpetrators prey on their victims by threatening the withdrawal of visas. Another area is the need for better migrant, refugee and visitor information on rights and responsibilities when it comes to domestic and family violence.

Another special area of focus is the disability community where the disabled are at greater risk because of their dependence on carers, and this can significantly increase their vulnerability to domestic and family violence. The report also raised concerns around the existing funding model for domestic violence services. Currently much of the domestic violence funding is centred around homelessness programs. I believe this sends the wrong message in the domestic violence space where the safety of victims is the first priority and, where possible, victims should be able to stay in their homes.

Whilst relocating victims and finding them new accommodation may be necessary, this should be avoided where possible. We also need to ensure that adequate funding is provided for the unique nature of rural and remote domestic violence services, taking into account distances travelled, isolation from services and the different social nature of rural and remote life.

One area that the Social Development Committee raised in my mind was around our legal system. For many victims the legal system is very unfriendly, in particular there is a lack of coordination between state and the Federal Court system. In some cases there can even be conflicts between orders issued in both jurisdictions. At another level, SAPOL cannot interrogate the Federal Family Court data to review orders issued by that jurisdiction and have to rely on victims or, for that matter, perpetrators to provide hard copy of orders—a situation that is totally unsatisfactory.

Another issue is around the confidentiality of personal details held by domestic service providers. One case was brought to our attention where a perpetrator sought to use court discovery processes to access victim case notes. I personally believe there is a need for special care to be taken by the court system around this issue. Court discovery processes should not be able to be used as a fishing expedition by perpetrators or their legal advisers.

In my view there is a need to intervene in domestic violence cases at the earliest opportunity. Perpetrators need to know that the consequences of their actions can be severe. Abuse of victims through the telecommunications system should be dealt with sooner; that is, abusive phone calls, text messages, abuse through email or social media or illegal use of tracking devices should be dealt with swiftly and firmly.

Another area where identification of possible domestic violence victims could occur is through our primary health system. The primary health system is that of general practice, community health services and emergency departments, etc., which can play a key role in identifying domestic violence victims early and assisting them through referrals to appropriate support, such as domestic violence service providers. Consistently through the Social Development Committee's inquiry into domestic violence, the issue of perpetrator programs was raised. Certainly there is a need for more of these programs, but it is also interesting to note that there is a need to evaluate the effectiveness of current programs.

Finally, I thank members of the committee for their effort and commitment to this inquiry. I also personally thank the committee secretariat, Carmel O'Connell, the research officer for the inquiry, who diligently went through all the submissions and evidence put to the committee, and Robyn Schutte, the committee secretary, who organised hearings for witnesses to the inquiry, which involved a number of hearings in country and metro areas, plus a videoconference from Whyalla to Alice Springs. In conclusion, I also thank the individuals and organisations who took their time and effort to provide submissions to the inquiry and to attend committee hearings to give evidence before the committee.

The Hon. J.S. LEE (16:41): Today I rise to also speak about the important report prepared by the Social Development Committee on the inquiry into domestic and family violence. Domestic and family violence destroys family life and has long-term effects. Women and children are often in greater danger in the very place where they should be safest, within their families and in their homes. It is difficult to determine the exact number of women and children affected by domestic and family violence, given that research and anecdotal evidence indicates that it is largely under reported, as was found by the committee during the witness hearings.

The Australian Bureau of Statistics notes that there is no single agreed definition of 'domestic violence'. The key questions are: does domestic violence affect only the two people in an intimate relationship who live together? Should it be extended to partners who do not live together and to all victims of domestic violence, including children and family members? Is physical violence the only type of domestic violence, or are there other types, for example, psychological abuse?

The legislation in New South Wales, Victoria, Queensland, Western Australia, the ACT, Northern Territory and South Australia now defines domestic violence as occurring between intimate partners, relatives, family members, carers and children, and in most cases an intimate relationship can exist between two people who do not live together, people in a dating relationship, for example. In Tasmania, however, family violence is only considered in the context of a spouse or partner relationship.

The terms 'domestic violence', 'family violence', 'domestic and family violence' and 'domestic abuse' are used across the different jurisdictions. Therefore, the committee recognised this as being very important and has actually made the first recommendation: that the South Australian government strongly advocate that the national plan to reduce violence against women and their children 2010-22, which is part of the national plan, become a national agreement that has been agreed by all Australian jurisdictions.

Some people believe that domestic abuse is essentially a private matter and of no concern to others, that it is not their business. There are some people who still believe there are circumstances in which violence may be excused, for example, in situations where the man regrets his abusive behaviour. Other people think that there are certain situations in which women bear some responsibility for the domestic abuse: they believe she must have provoked him. Yet, it is hard to ignore that every day thousands of women and children in Australia in our community suffer physical, psychological, emotional and financial abuse within their home. The violence is not an over-reaction, it is a systematic, repeated and planned approach to assert power and control.

Family violence so often starts with love, it arises from a loving relationship; that is what makes it so difficult and complex. For many women, their home is where they face continued fear, intimidation and violence at the hands of somebody close to them, somebody they should be able to trust. They are frequently unable to make decisions for themselves, voice their own opinions or protect themselves and their children for fear of further repercussions. Their basic human rights are denied, and their lives are literally stolen from them by the ever-present threat and fear of abuse.

Former Australian of the Year Rosie Batty said in her valedictory speech in January that family violence was an epidemic. Nationally, one in three women will experience physical violence in their lifetime, from the age of 15, and one in five will experience sexual assault. Two women a week are actually dying from being murdered in Australia. In South Australia in particular, the most recent statistics are that since 2008, 23 women and two children have been killed due to domestic violence. It is not something to be proud of.

It became apparent throughout the inquiry that domestic and family violence has a unique consequence for different sections of our community. It affects a large number of children and exposes them to a variety of vulnerabilities, in particular having an effect on their education, future relationships, health and emotional wellbeing, and engagement in community life.

Some of the most vulnerable groups include the women from Culturally and Linguistically Diverse (CALD) backgrounds. Those who experience domestic abuse have unique issues because of language barriers, cultural differences, lack of support networks and lack of understanding about their rights under Australian laws.

Aboriginal women are 31 times more likely to be hospitalised than other women as a result of family violence, and an estimated 25 per cent has experienced one or more incidents of physical violence in the previous 12 months. Women and girls with disabilities are most likely to experience violence. Research undertaken has shown that where they are living in residential institutional settings they are more likely to experience sustained episodes of violence. Women living in regional and rural remote areas are reported to experience higher rates of domestic abuse than those in metropolitan areas, because of demographic and geographic barriers.

During the inquiry period, the committee travelled extensively throughout South Australia, travelling to Murray Bridge, the Riverland, Whyalla and Port Augusta, listening to people and agencies about their concerns, and also hearing about what programs are available, and some of the gaps that need to be filled in terms of services.

It has been a privilege working with the committee members on the Social Development Committee. I would like to thank the Hon. Gerry Kandelaars, the former presiding member, who left the committee at the beginning of the year. I would like to thank the new presiding member, the Hon. Gail Gago, who was the former minister for the status of women. Her input and insights into women's issues, particularly with domestic and family violence, were very well received by the committee.

I would like to thank the Hon. Kelly Vincent for her excellent contribution to the committee. The member from the other place, Adrian Pederick, the member for Hammond, is the only country member represented on the Social Development Committee, and his views and perspective on matters in regional South Australia were very much valued. The other members were Nat Cook MP, Dana Wortley MP, and, of course, Katrine Hildyard, who instigated the inquiry, also joined the committee for a short period of time.

A big thank you to the committee secretary, Robyn Schutte, and the committee's research officer, Carmel O'Connell. We are indeed very sorry to see Carmel leave the Social Development Committee as her contract has come to an end, but she was with the committee from the beginning of the inquiry until the end.

Robyn and Carmel did an excellent job with their comprehensive research and excellent organisational skills in ensuring that we reached the right witnesses and were able to cover all the ground in metropolitan Adelaide and regional South Australia. Their dedication to the Social Development Committee and contributions to this inquiry were outstanding and very much appreciated.

I take the opportunity to acknowledge all the agencies, government departments, community organisations and individuals who have made a contribution and submitted evidence to address this important issue. Their dedication and commitment to the domestic violence sector are very much appreciated, particularly when they apply their understanding and their personal skills and empathy throughout to assist victims of domestic and family violence, in many cases dealing with very tough and emotional circumstances.

I am encouraged to learn that the Prime Minister Malcolm Turnbull announced at the COAG meeting on 1 April that the federal, state and territory leaders will unite to tackle domestic violence at a national summit in October 2016. I strongly advocate for the list of recommendations put forward by the Social Development Committee of this parliament to be implemented. I also thank all the White Ribbon ambassadors who have participated in terms of advocating and supporting the cause. I encourage all honourable members to read the report and call on the government to implement the recommendations for future policy funding and legislative reforms. I commend the motion.

Debate adjourned on motion of Hon. T.T. Ngo.