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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-04-13 Daily Xml
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Social Development Committee: Domestic and Family Violence

The Hon. G.E. GAGO (16:10): I move:

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

The Social Development Committee has conducted an inquiry into domestic violence which looked at how effective current programs are at preventing domestic and family violence, how to improve communications and collaboration amongst key agencies, how workplaces can better support victims, programs in other jurisdictions and opportunities for alternative funding.

I am sure that everyone in this chamber knows that domestic and family violence describes a range of patterns of behaviours, including: threatening, intimidating, controlling, abusing, manipulating and violent behaviours that a person exhibits, usually against their partner, ex-partner or children in a domestic setting. Family violence is a broader term that refers to violence between family members. In the majority of cases, the perpetrator is male and the victim is female and often the partner or former partner of the perpetrator. Regardless of who within the family is directly experiencing or perpetrating abuse, many members of the family are likely to be affected by these behaviours.

The effects of domestic and family abuse are long term and intergenerational. This can mean that even once a victim leaves the abusive situation, the effects are likely to stay with them over their lifetime. It may affect their mental and physical health, their relationships with future partners, their family and their children, and their financial, living and employment situations. These effects do not exist in isolation. Instead, they may compound each other, making it a significant challenge for the victim to move forward positively with their life.

Recent evidence suggests that children can be much more profoundly affected by domestic and family violence than previously thought. Children exposed to domestic violence can have altered brain and social development. This can affect their future chances through their capacity to learn at school, relationship building, personal and emotional management systems and potential development of maladaptive coping strategies.

Children from domestically violent backgrounds are more likely to emulate the abusive patterns of behaviour conducted by their parents once they are adults themselves, and this can create intergenerational transmission of abuse and perpetuate the social attitudes which underpin this sort of violence. Stories in the media of cases of domestic violence that have resulted in deaths of family members are shockingly regular. It is estimated that across Australia between 80 to 100 women are killed by a current or ex-partner each year. Most of us know of someone who has been directly touched by this issue, and it is important that we maintain a strong focus on this sort of violence through inquiries such as this one.

The Social Development Committee received 53 written submissions and heard evidence from 99 witnesses. This evidence came from individual members of the public, government and non-government organisations, obviously police, justice and the courts, and many others. I would like to take this opportunity to thank everyone who wrote a submission or presented to the committee for sharing their valuable insights, knowledge and experiences of domestic and family violence. It is through this that the committee has been able to generate 35 unanimously supported recommendations with the aim to contribute to the prevention and elimination of domestic and family violence in South Australia.

The committee received submissions on all manner of issues related to domestic and family violence, highlighting the widespread and incredibly damaging nature of domestic violence on society. It is notoriously difficult to accurately estimate the prevalence of domestic and family violence as abuse goes under-reported to police and does not include individual acts of control and manipulation, things like threats and intimidation, that frequently characterise these relationships. It may not be until the individual is no longer in a relationship that they come to acknowledge the abuse that they have suffered.

Perhaps one of the clearest messages conveyed to the committee and emphasised in this report is the need for a stronger focus on the prevention of domestic and family violence. The committee acknowledged the South Australian government's committed response and leadership in relation to violence against women and children. It also acknowledged the extreme hard work and commitment of those working in the domestic and family violence sector; however, it received evidence that many of the resources for domestic violence are currently concentrated in and around crisis response to domestic violence, and we need a stronger focus on preventing domestic and family violence before it starts.

The committee heard and reiterates that domestic and family violence is a gendered issue. Domestic violence is reflective of societal attitudes which disrespect and devalue women and girls, and it is these attitudes that allow this type of violence to flourish. Addressing gender inequity is an essential part of eliminating domestic and family violence. Practical shifts and meaningful interventions need to occur in the community, and we need to explore the role of specific settings that can challenge or affirm gender inequalities, and therefore the foundations of violence against women.

The committee recommended a number of initiatives to address this issue, such as expanding national standards and a school curriculum which teaches children the importance of healthy and respectful relationships, and that state funding and sponsorship only be granted to organisations and events that portray women and girls in a respectful way. Education programs must be prioritised, adequately funded and delivered in culturally appropriate ways, and be inclusive of the needs of a range of victims to achieve generational change.

We know that not only is domestic violence gendered, but it is intersectoral with other forms of prejudice and disadvantage. The most vulnerable communities in society also suffer a disproportionate rate of domestic violence abuse. Indigenous women are reported to be 31 times more likely to be subjected to domestic and family violence. Shockingly, 25 per cent of Indigenous women have experienced one or more incidents of physical violence in the last 12 months.

Women from culturally and linguistically diverse backgrounds can have barriers of language, culture and also a lack of understanding of their rights and laws. Women and girls who have a disability and live in residential care are more likely to experience more severe and longer episodes of abuse than those without a disability. These victims can become so accustomed to abuse that they do not even perceive their treatment as abuse. Further, women and girls with disabilities are often not listened to or do not know the avenues for reporting.

Our rural women can have a lack of access to services and fear of reprisals in their communities, with support networks intricately related often to the perpetrator, and leaving those communities to escape violence also removes them from their support networks and employment opportunities, enhancing their vulnerability. Finally, and shockingly, we know that pregnancy is one of the most frequent catalysts for domestic violence. The report makes a number of recommendations to address these groups that are particularly vulnerable to domestic and family violence.

The South Australian government has not been silent on these issues. Here in South Australia, we have led the way in service delivery, with programs such as the Multi-Agency Protection Service, the Family Safety Framework, and the Women's Domestic Violence Court Assistance Service to name but a few. However, more needs to be done about addressing the key determinants of domestic and family violence and preventing violence from occurring in the first place. I will outline some of the specific recommendations in relation to that matter a little later in my address.

The committee has made recommendations to secure funding certainty, greater strategic cohesion, a valuation of services, and unity in the fight against domestic violence. One of the areas the committee feels is important is the consolidation of domestic violence services and responses in to one portfolio. The committee notes that currently services are provided for disparately throughout a number of portfolios, such as Housing, Aboriginal Affairs, Corrections and the Status of Women, to mention just a few.

Given the gendered nature of violence, it was the committee's view that the policy emphasis should be on safety first, rather than on housing first, and has called on the federal government to provide dedicated domestic and family violence funding for accommodation from general homelessness services. We have also recommended that the domestic and family violence services be integrated and coordinated within a single portfolio, such as the Status of Women. Our view is that this would provide greater efficiency and cohesion of domestic violence responses.

Within the responses, the committee has also recommended a number of legislative reforms at both state and federal level to bring our courts into line with domestic violence policy and responses outside of the judicial sphere. Currently, the mismatch between South Australian courts handling criminal matters and intervention orders and the Family Court handing down custody orders that can be in conflict with each other is a significant issue and source of stress, fear and vulnerability for domestic violence victims.

In addition, reforms need to be made that relieve the pressure on victims who are traumatised and fearful of familial and societal reprisals for giving evidence, leaving many to refuse to give evidence, and then of course they go on to withdraw their complaint. To that end, the committee has recommended that the Evidence Act be amended to allow police body-camera footage to be used as evidence in these matters.

Further amendments to the Equal Opportunity Act to prevent discrimination against victims of domestic violence should also be made. Often victims lose their employment because of turbulence into which domestic violence throws their lives and punishment of victims is all too prevalent in our system. This is also inclined to happen in housing, particularly when the victims are tenants.

A recommendation has also been made for all work places to support employees experiencing domestic and family violence to foster a culture of no tolerance and also includes a minimum statutory entitlement for domestic and family violence leave. As already mentioned, domestic violence is gendered against women, perpetrated primarily by men. For that end, in any preventative scheme men must be addressed.

Prevention programs, particularly targeting men and boys, are necessary to challenge attitudes before they potentially become abusive. As part of the national school curriculum children are taught about the importance of healthy and respectful relationships. It is important that this work is supported, continued and expanded.

We know violence is intergenerational, so if it is in the home we must not only seek to stop it but provide alternative learning pathways outside of the home to prevent the transmission of that violence to the next generation. The committee recommends that state funding only been granted to organisations, events, programs and functions that are committed to the equal and respectful portrayal of women and girls. The aim of this is to discourage disrespectful and stereotypical attitudes of women and girls from occurring in our culture.

Programs must be adequately funded, delivered in culturally appropriate ways and be inclusive of the needs of a range of victims to achieve generational change. The committee particularly noted the important work of Our Watch, ANROWS and the national education campaign to change attitudes about violence and the importance of these to engage with relevant stakeholders here in South Australia and to ensure that they reflect South Australia's needs.

There needs to be a societal shift to say that this is not right, that we will not allow this to happen to our daughters, nieces, friends or colleagues. Men and women must be united in the stance against this covert insidious part of our culture which is a key determinant of such great misery, pain and fear for so many. It is often perpetrated in silence and, as we know, all too often it can result in death. We can effect change by bringing this issue out into the open and challenging social attitudes. Once again, I thank all of those who contributed to the inquiry. Their testimony is doing just that—bringing this out into the open.

In closing, I wish to thank the members of the Social Development Committee: in this place, the Hon. Jing Lee, the Hon. Kelly Vincent and my predecessor, the Hon. Gerry Kandelaars; and from the other place, Nat Cook (member for Fisher), Dana Wortley (member for Torrens) and Adrian Pederick (member for Hammond), and former member of the committee, Katrine Hildyard (member for Reynell), who was responsible for moving the motion to investigate this issue. Thank you to the Social Development Committee's secretary, Robyn Schutte, and research officer, Carmel O'Connell, for all their hard work over this long time. I commend the report to the house.

Debate adjourned on motion of Hon. J.S. Lee.

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