Newsletter 53

latest clearinghouse publications

See all Clearinghouse publications at: www.adfvc.unsw.edu.au/publications.html You can be notified when Clearinghouse papers are published on our website.

Just contact us on (02) 9385 2990 or subscribe online: www.adfvc.unsw.edu.au/subscribe.html

Research papers

Other resources

Issues Paper

Fast Facts

ààBraaf R & Barrett Meyering I 2013, The gender debate in

ààTrijbetz T 2013, Domestic and family violence and people

domestic violence: the role of data, Issues Paper 25

www.adfvc.unsw.edu.au/PDF%20files/IssuesPaper_25.

from immigrant and refugee backgrounds, Fast Facts 11 www.adfvc.unsw.edu.au/fast_facts.htm (TBC)

safe at home, safe at work wrap-up

pdf

Special collections Practice Monograph

àà

Zannettino L, Pittaway E, Eckert R, Bartolomei L, OstapiejPiatkowski B, Allimant A and Parris J 2013 Improving responses to refugees with backgrounds of multiple trauma: Pointers for practitioners in domestic and family violence, sexual assault and settlement service, Practice Monograph 1 www.adfvc.unsw.edu.au/research_reports.htm

Research and Practice Brief

ààBraaf R & Barrett Meyering I 2013, Reading statistics: a

guide for professionals working with domestic and family violence, Research and Practice Brief 4 www.adfvc.unsw.edu.au/researchandpractice.htm

ààRefugees and domestic and family violence (updated 2013)

www.adfvc.unsw.edu.au/specialcollections.htm

immigrant and refugee experiences media coverage of violence against women

.53

newsletter

Australian Domestic & Family Violence Clearinghouse The University of New South Wales, NSW Australia 2052 T +61 2 9385 2990 freecall 1800 753 382 F +61 2 9385 2993 E clearinghouse@unsw.edu.au www.adfvc.unsw.edu.au

Winter / 2013

.53

newsletter

inside 3 welcome 4 clearinghouse update 5 legislation update 6 legal notes 7 feature: safe at home, safe at work 2010-2013 9 feature: domestic violence and temporary visa holders: barriers to safety 11 interview: violeta politoff 13 fast facts 14 recent additions to the research and resources database

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16 latest clearinghouse publications

Contributions The Clearinghouse welcomes submissions from service workers, researchers and individuals. If you wish to submit an article or review, please email a one paragraph outline to the address below. We will provide you with feedback and discuss a deadline for submission.

Subscriptions For a free subscription to the Clearinghouse Newsletter or our other publications, please phone, fax or email us, or subscribe online at – www.adfvc.unsw.edu.au/subscribe.html For more information contact the Clearinghouse at –

Email: clearinghouse@unsw.edu.au Ph: (02) 9385 2990 Fax: (02) 9385 2993

The views expressed in this Newsletter do not necessarily represent the views of the Australian Domestic and Family Violence Clearinghouse or the Australian ISSN Print: 1443-7236 ISSN Online: 1838-7101 © 2013 Design/Printing: Print Post Plus (P3)

Government. While all reasonable care has been taken in the preparation of this publication, no liability is assumed for any errors or omissions. The Australian Domestic and Family Violence Clearinghouse is funded by the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs. The Clearinghouse is a project of the Centre for Gender-Related Violence Studies, at the University of New South Wales, School of Social Sciences.

www.adfvc.unsw.edu.au

Publication Information

welcome Welcome to our Winter Newsletter featuring articles on provocation, workplace DV provisions, temporary visa holders and media coverage of DV, as well as a range of other updates and reports.

The Safe at Home Safe at Work project finished at the end of June and much to our regret Ludo McFerran is retiring. This project has been recognised as world’s best practice and in only three years has achieved incredible outcomes. Thanks to Ludo’s initiative and leadership, along with the skills of the Safe at Home, Safe at Work staff and their collaborative work with unions, well over a million workers across Australia are now covered by DV industrial provisions allowing access to paid leave. See the wrap-up article on the project on page 7 in this edition.

Ludo is famous within the sector for her pioneering work in DV advocacy, which includes a long history of ‘grass roots’ direct work and more recently a significant contribution to recognising the needs and issues of older women in housing crisis, as well as her workplace rights campaign. We thank her for her energy and commitment and wish her well.

As we have already reported in our e-news, we also said goodbye to Gaby Marcus in June who left the Clearinghouse after being in the director’s position since 2006. Our thanks to Gaby, whose time here has been marked by a strong commitment to disseminating evidence-based research and high quality services to the domestic violence sector. We would once again like to acknowledge her contribution to the significant expansion of the good practice and researcher databases, the development of the ADFVC web portal and the introduction of electronic newsletters and social

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media streams. We also wish her well in her future endeavours.

Finally, a big welcome to Bec Eckert who has joined the Clearinghouse as our new good practice officer. Bec has experience in researching the field of violence against women, especially culturally diverse and refugee women’s needs. She will be profiling a wide spread of good practice questions, topics and services in coming issues.

You’ll have perhaps noticed that we’ve had a couple of months of staff turnover! But the ADFVC team is fully on track for the next 6 months of work and looking forward to providing our usual suite of materials. great work and please send us your feedback and contributions at any time.

www.adfvc.unsw.edu.au

All the best to everyone out there doing

clearinghouse update After three years, funding for the Safe at Home, Safe at Work

The gender debate in domestic violence: the role of data

project came to an end in June 2013. One question will have

In May this year the Clearinghouse released an Issues

to be answered: have we done enough? Over one million

Paper which examines key points in the ongoing

workers covered and ten million to go. The right to request

discussion of gender and the incidence of intimate partner

flexible work arrangements for reasons of domestic violence

violence: definitions of domestic violence, data collection

is now in the Fair Work Act. We have developed a website

methods, and qualitative versus quantitative approaches.

of resources and training - but who will continue to provide

The paper is available here on our webpage:

Safe at Home, Safe at Work

similar levels of support and training in the future? This work has been recognised as international best practice. All the project members hope that the momentum will be maintained

White Ribbon Australia international conference and $1 million for a new foundation

Improving responses to refugees with backgrounds of multiple trauma: Pointers for practitioners in domestic and family violence, sexual assault and settlement services

In May, White Ribbon Australia held a 3 day conference in

This new Clearinghouse Practice Monograph canvasses

Sydney called Global to Local: Preventing Men’s Violence

the views of seven experts working with refugees

against Women – Research, Policy and Practice in One

experiencing domestic and family violence, and examines

Space. International keynote speakers were Dr Jackson

the vulnerabilities and needs arising from prior experiences

Katz (USA), one of the original architects of the ‘bystander’

of sexual violence, war and other traumas. The paper is

approach to programs for school, sport and military cultures,

available at:

and Dr Michael Kaufman (Canada), an original co-founder

www.adfvc.unsw.edu.au/research_reports.htm

by others. See Ludo McFerran’s article on page 7.

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of the White Ribbon campaign. Senior staff members from the Centre for Gender-Related Violence Studies (our home

of research and practice in primary prevention, and Ludo

Reading statistics: a guide for professionals working with domestic and family violence

McFerran involved in sessions about the workplace as

A new Research and Practice Brief released by the

location at UNSW) were also represented, with Dr. Jan Breckenridge taking part in a panel about the intersection

an agent of social change and local government’s role in preventing violence against women.

Clearinghouse provides an overview of key statistical terms which can be used in research, theory development

In opening the conference, the Minister for the Status of

and service evaluation. This paper is a handy reference

Women, Julie Collins announced $1 million a year for a

for workers in service delivery, policy and program

new national organization to advocate and engage with

development and the legal profession. It supplements

the community about violence against women and their

our recent Issues Paper The gender debate in domestic

children. The new foundation to prevent violence against

violence: the role of data. Reading statistics is available at:

women and their children launched in July will work closely

www.adfvc.unsw.edu.au/researchandpractice.htm

with the non-government sector and other experts in the field of primary prevention, including organisations Excellence to reduce VAW. See the webpage:

Updated! – Special collection of research and resources on refugees

www.preventviolence.org.au

In time for World Refugee Day, 20 June 2013, the

like White Ribbon Australia and the National Centre of

newsletter .53

www.adfvc.unsw.edu.au/PDF%20files/IssuesPaper_25.pdf

Don’t forget our Website! You can view the latest news from the sector on our ‘What’s New?’ page, download Clearinghouse papers from the Publications and Submissions page, look for upcoming forums on the Conferences and Events page, and search our databases for research and good practice. www.adfvc.unsw.edu.au

Australian Domestic and Family Violence Clearinghouse re-released a special collection of research and resources on refugees’ experiences of domestic and gender-based violence during flight from their countries of origin and in countries of resettlement, such as Australia, Canada and New Zealand. See our webpage: www.adfvc.unsw.edu.au/specialcollectionsrefugees.htm

legislation update PROVOCATION: NSW COMMITTEE OF INQUIRY RELEASES REPORT

BY INARA WALDEN, CLEARINGHOUSE SENIOR RESEARCHER Should a person who kills his partner be entitled to

‘excuse-based defence based on a person’s loss of self-

minimise guilt by claiming a ‘loss of self-control’ brought

control’ (2012, p197). Her analysis has found the defence

on by jealousy or her attempt to end the relationship? As

is frequently used to legitimise male violence, and that

the law stands in New South Wales, the partial defence of

invoking provocation encourages a legal culture of victim-

provocation can still be invoked in such cases, potentially

blaming and gender stereotyping to defame the character

downgrading a murder charge to manslaughter. In

of the deceased, usually female, victims.

Australia and overseas the so-called ‘crime of passion’ arcane and patriarchal, breaching women’s human rights

Changes to law in other states and territories

to make choices about their relationships and sexuality.

Significant debate on this issue has occurred over the

defence in murder cases is increasingly recognised as

On the other hand, a person who has endured years of domestic, family or sexual violence before murdering their abuser, may need to rely on the partial defence of provocation in cases where self-defence is difficult to establish.

past two decades, with the partial defence of provocation frequently described as out of step with contemporary community standards and expectations. Changes have already taken place in other Australian and overseas jurisdictions. Several Australian states have abolished

Concerning these conflicting dilemmas a report from

provocation as a partial defence to murder, transferring

the NSW Select Committee on the Partial Defence of

consideration of provocation to the sentencing stage of

Provocation, released in April this year, has stopped

court processes: Tasmania (2003), Victoria (2005) and

short of recommending the abolition of the provocation

Western Australia (2008). The ACT and Northern Territory

defence in favour of a ‘reform model’ that would tighten

have each reformed their provocation defence so that it

and restrict its availability in a range of circumstances,

cannot be used in situations where the defendant claims

while retaining its use only in certain ‘extreme and unusual

they were responding to a non-violent sexual advance,

circumstances’ (NSW Parliament Legislative Council,

thereby eliminating the so-called ‘homosexual advance

2013). Circumstances in which provocation would be

defence’.

specifically denied include many that the committee

Reform in Australia and elsewhere has tended to be driven

described as being ‘a normal part of human experience’

by key court cases. In keeping with this pattern, the recent

and those in which ‘modern society expects citizens to

NSW parliamentary inquiry was triggered by the high

maintain self-control’, such as being told a relationship is

profile Singh case which caused community outrage last

going to end, discovering infidelity, or feeling jealous or

year. In that case a man on trial for viciously murdering

betrayed. Meanwhile, defendants who have experienced

his wife, claimed to have ‘lost self-control’ after she had

long-term domestic abuse at the hands of the victim may

‘provoked’ him by telling him she never loved him and was

still be able to rely on the renamed ‘partial defence of gross

in love with someone else. Based on the partial defence of

provocation’.

provocation he was convicted of manslaughter rather than

This is not the first time that NSW has considered reform

murder, and sentenced to a non-parole period of just six

in relation to provocation. In 1982 the state implemented a restructure of the defence to permit ‘cumulative provocation’. This was significant given that research

years.

Problematic gendered narratives

shows women who kill in the context of family violence may

In reviewing cases that have involved successful defences

not have experienced the ‘sudden loss of control’ usually

of provocation in NSW, Fitz-Gibbon (2012) found what

attributed such cases, but rather taken a ‘calculated

she describes as ‘problematic gendered narratives’

decision’ to act (Horder cited in Fitz-Gibbon 2012, p197).

mobilised during trial and sentencing phases of many

The partial defence of provocation came into being in 17th century England to allow leniency at a time when the death

cases. She identifies a culture of victim blaming that is promoted in order to minimise or deny moral responsibility of perpetrators, and that this was most apparent in provocation manslaughter trials of men convicted of intimate partner homicide.

penalty was mandatory for convicted murders. Since then

Many submissions to the NSW inquiry, including those from

however, both legal penalties and societal expectations

DV survivors and the families of domestic homicide victims,

have changed significantly. Today, criminologist Kate

identified the current law as anachronistic, patriarchal and

Fitz-Gibbon argues that provocation has evolved into an

sending a ‘very inappropriate message to the community’

www.adfvc.unsw.edu.au

Historical origins of the defence of provocation

5

if the law is seen to be allowing men to ‘get away with murder (by) calling it a crime of passion’ (NSW Parliament Legislative Council, 2013, p36).

Considerable discussion at the inquiry also surrounded complications that would arise for defendants who have been victims of prolonged domestic, family or sexual violence and have ultimately killed the perpetrator, for whom self-defence may be an inadequate defence should provocation be abolished. Hence the Committee’s recommendation of a reform model designed to take into account the particular case of abuse victims.

REFERENCES Fitz-Gibbon, K. & Stubbs J. 2012 Divergent directions in reforming legal responses to lethal violence. Australian & New Zealand Journal of Criminology, 45, 318-336.

Fitz-Gibbon, K. 2012 Provocation in New South Wales: The need for abolition. Australian & New Zealand Journal of Criminology, 45, 194-213.

NSW Parliament Legislative Council, 2013 Select Committee on the Partial Defence of Provocation http:// www.parliament.nsw.gov.au/Prod/parlment/committee.nsf/0 /61173C421853420ACA257B5500838B2E?open&refnavid= CO4_1 (Accessed 23 April 2013)

legal notes Family Violence Protection Act (Victoria) and Family Law Act work together towards a common goal: Aa V Bb (2013) 296 Alr 353

By Karen Wilcox, Clearinghouse Senior Researcher The Supreme Court of Victoria has examined the question of potential inconsistency between orders under the Victorian Family Violence Protection Act 2008 (Vic) (FVPA) and the Family Law Act 1975 (Cth) (FLA), in a recent case,

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AA v BB (2013) 296 ALR 353. The case also examined more generally the operation of the two statutes, and whether provisions of the FVPA are inconsistent with provisions of the FLA. His Hon. Justice Kevin Bell held that there was no inconsistency between the conditions of both orders, nor, more generally, between the provisions of the two Acts which related to this matter. He held that both Acts ‘have been carefully designed to operate compatibly together according to a common plan’. [198] He also held that provisions of the Family Law Act are ‘not intended to operate as a complete statement of the law with respect to family violence involving parents and children, or parenting orders in respect of conduct amounting to family violence’. [65 and 99] The appellant in this matter had been charged with offences relating to contravening (breaching) the Intervention Order under the FVPA. There were several

The appeal was dismissed after Bell J examined the relevant provisions of both statutes, including s 70NFH, s 68R and 68Q of the FLA, and s 90 of the FVPA. He considered several High Court cases which had examined the constitutional issue of inconsistency between state and federal laws. His Honour stated that ‘there is a careful scheme in the FLA which is reflected in the provisions of state legislation such as the FVPA, for the resolution of inconsistencies between parenting orders and intervention orders....these provisions indicate that the federal and state legislation were intended to operate side by side according to a common plan’.[105] The ruling in AA v BB shows the importance of approaching suspected inconsistencies between the Family Law Act and state and territory protection order laws, or orders under these laws with the purposes of both statutes in mind, and in particular, with an understanding that the Family Law Act was not designed to eliminate the need for protection orders made at a state and territory level where there was domestic and family violence against a former partner.

grounds to the appeal, including the constitutional issue of inconsistency between provisions of the two statutes.

The appellant had submitted that s 109 inconsistencies (Australian Constitution) arose because the Intervention Order under the FVPA, and provisions of the Act itself, took away rights (or liberties, defences and protections), conferred by the federal Family Law Act. The appellant argued that the FLA was meant to ‘cover the field’, so the

newsletter .53

state law could not create a more onerous enforcement regiment (as is the case with contraventions of protection orders, which are criminal matters and can invoke custodial sentencing) without giving rise to a constitutional inconsistency. [35-39]

LATEST NEWS FROM THE SECTOR – e-news If you are looking to keep up to date with the latest news from the sector, subscribe to our monthly e-news service.

Email clearinghouse@unsw.edu.au, call us on (02) 9385 2990 or subscribe online at www.adfvc.unsw.edu.au/subscribe.html to receive updates on conferences and events, grants, research and resources, good practice and more.

feature Safe at Home, Safe at Work 2010-2013 LUDO McFERRAN REFLECTS ON WHAT MOTIVATED THE SAFE AT HOME, SAFE AT WORK PROJECT AND ALL THAT IT HAS ACHIEVED After three hectic years of the national domestic violence and work project, funding for Safe at Home, Safe at Work came to an end in June 2013. More than a million Australian workers now have domestic violence protections. New research, training and resources have been produced to enable employers and unions to understand and address the impacts of domestic violence in the workplace.

Domestic violence is tragically a very mainstream experience.

Two thirds of women who have experienced domestic

Ludo at CSW57 with Julie White of the Canadian Automobile workers union

violence with their current partner are in paid employment

We now have well over a million Australian workers with

(ABS 2005) and nearly one third of the Australian workforce

domestic violence protections as part of their negotiated

will experience domestic violence at some point in their lives

workplace rights, and numerous other negotiations are

(McFerran 2011).

proceeding. Research conducted by Safe at Home, Safe

Our work in this area is based on the understanding that domestic violence is a symptom of how women are treated in society, that the rates will not be reduced until some of the big structural inequalities have been addressed, however much can be achieved by reducing the

at Work has provided important new evidence about the prevalence and nature of workplace impacts, and we have shared resources via our website and training programs to give employers and unions the information and strategies they need to address this issue.

impacts or outcomes of the violence - homelessness and

“I’d like to congratulate you for working towards this.

unemployment- through supporting women to stay safely in

It’s a much-needed initiative and truly groundbreaking.

their homes and in employment.

I hope it will be adopted worldwide, for what is a

Given the prevalence of this problem, any strategy that seriously wants to reduce the impacts of violence must be mainstreamed - it must engage all the key organisations and layers in a community, including the workplace. Together with the ACTU, Safe at Home, Safe at Work identified the need for a standardised, non-discretionary and enforceable approach by the Australian workplace, to protect Australian workers experiencing domestic and family violence and help them stay in their jobs and in their homes.

The role of the workplace in an Australian domestic violence strategy has grown through the life of Commonwealth Labor Governments since 2009 by:

ààEncouraging employers to engage through social

marketing plans and naming unions in a list of networks, (including scouts, cubs and spiritual groups) that have a role in changing men’s attitudes (National Council 2009) work program (Safe at Home, Safe at Work; National Plan 2010)

àà Hosting a joint event with the International Labour

Organisation (ILO) at the United Nations on domestic violence and work (March 2013)

àà Including domestic violence in the Fair Work amendments (June 2013).

worldwide problem, as it doesn’t further punish the person who’s the target of the abuse.”

International recognition The progressive achievement of paid leave for reasons of domestic violence by Australian workers has not gone unnoticed internationally. The Report of the United Nations Secretary General for the Commission on the Status of Women’s 57th session (CSW57) highlighted the Australian ‘achievement of domestic violence entitlements in industrial awards and agreements, including access to paid family violence leave of up to twenty days a year’.

There was a powerful Labour Delegation at CSW57 arguing for strong and clear language regarding the workplace. The agreed conclusions included a commitment to full employment and decent work, highlighting the role of both employers and trade unions, and advocating that governments address violence against women and girls ‘through measures such as regulatory and oversight frameworks and reforms, collective agreements, codes of conduct, including appropriate disciplinary measures, protocols and procedures’.

Representing the Safe at Home, Safe at Work project, I spoke at the joint Australian Government and ILO event on domestic violence and work. I recommended: enterprise bargaining as a means for achieving non-discretionary, enforceable and standard protections; national plans

www.adfvc.unsw.edu.au

àà Providing funding for a national domestic violence and

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to reduce violence against women and children, emphasising the role of the workplace in protecting financial independence and safety; and the establishment of a stronger evidence base through national surveys of workers’ experience of domestic violence.

With Australia’s role on the Security Council comes increased pressure to abide by international agreements.

The progress we have made in the last three years will be maintained by the union movement, and through the inclusion of domestic violence in the Fair Work Act and the Workplace Gender Equality Indicators, but Australian Governments can choose how well they maintain this country’s leading role by:

àà Resourcing mainstream employment agencies such

as the Fair Work Ombudsman to inform employers, workers and unions about how domestic violence can affect work

àà Continuing the monitoring of the introduction and

implementation of domestic violence clauses and access to protections under the Fair Work Act

àà

nsuring training is provided to the key personnel E supporting workers experiencing domestic violence

àà Continuing to research aspects of this still emerging industrial issue.

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For NGOs there remains a role to monitor how well Australia continues to progress in the world of work and domestic violence, encouraging substantial and enforceable protections that do not rely on the goodwill of individuals or the whims of organizations. This issue crosses over the jurisdictions of individual women’s national alliances and will need a cooperative approach.

There remains one unfinished piece of business, the need for protection against discrimination and adverse actions or dismissal for workers experiencing domestic violence.

The Fair Work Amendment Bill of 2013 has included the right to request flexible working arrangements on the grounds of being a victim of domestic violence. However without specific protection against discrimination, employees face considerable risks in raising the issue of domestic violence at work. This is against the Government’s clear intention to establish protective domestic violence standards and strategies for employers and employees.

The opportunity to include domestic violence in the Human Rights and Anti-Discrimination Bill was sadly lost earlier in the year, with the decision to postpone the bill’s consideration. This left the Fair Work Amendment Bill 2013 as the only avenue for protection. However without the extension of protection against termination and adverse actions, the Fair Work Bill remains incomplete.

Have we done enough?

Three years to introduce a new industrial concept and achieve sufficient mainstream acceptance is arguably not enough time. We would have preferred another twelve months of dedicated work on assuring training and implementation were well established. We are positive that our partners over the past three years are committed, but in this project we have all been around long enough to see progress stalled because of the competition of priorities and changes in the political climate.

Resources and information developed by the Safe at Home, Safe at Work team are still available here: http://www.dvandwork.unsw.edu.au/ REFERENCES

In the last two months

newsletter .53

The last two pieces of research that have been undertaken

by Safe at Home, Safe at Work have explored the effects of sexual violence on work attendance, performance and safety, and looked into the effects on male workers experiencing domestic violence. In late 2012 the Northern Territory Government included sexual violence in its directive for the public service, and men are reporting in increasing numbers as victims in our surveys. We need to know what advice to give employers and unions implementing workplace clauses.

One further outcome from CSW57 was a proposed international network on domestic violence and work. The progress in Australia has sparked interest from trade union movements in Britain, Canada, Europe, and New Zealand.

This may seem a first world issue, but at an international labour delegation meeting in New York, Penda Seck Diouf from the Senegalese Committee Fighting Violence Against Women and Children (pictured right with Ludo McFerran) spoke passionately about domestic violence and work. As women across the world create financial independence through work, enabling work practices such as domestic violence clauses should be standard. We hope others will learn from our mistakes and not wait thirty years to put supportive provisions in place.

Australian Bureau of Statistics 2006, Personal Safety Survey, Australia, reissue, cat. no. 4906.0, ABS, Canberra Council of Australian Governments, National Plan to Reduce Violence against Women and their Children, 2010-2022, including the first three-year Action Plan 2010-2013, Department of Families, Housing, Community Services and Indigenous Affairs, Canberra McFerran L 2011, National Domestic Violence and the Workplace Survey, Centre for Gender Related Violence Studies, University of New South Wales, Sydney National Council to Reduce Violence against Women and their Children 2009, Time for action: the National Council’s Plan for Australia to Reduce Violence against Women and their Children, 2009-2021, Department of Families, Housing, Community Services and Indigenous Affairs, Canberra UN Secretary-General 2013, Multisectoral services and responses for women and girls subjected to violence, report presented to the Commission on the Status of Women, 57th Session, 4-15 March, New York

feature domestic violence and temporary visa holders: barriers to safety

By Barb Crossing, Women’s House Shelta, Brisbane & Cecilia Barassi-Rubio, Immigrant Women’s Support Service, Brisbane

It is widely documented within the relevant literature and from the experiences of workers that escaping domestic violence is a difficult and dangerous process for women and their children. These difficulties and dangers are compounded for women who are on temporary visas, with a multitude of barriers preventing access to appropriate pathways to safety. The existence of such barriers limits options available to women and may leave women particularly vulnerable to further abuse and exploitation.

The authors of this article have worked for many years to support women experiencing domestic and family violence who are on temporary migration visas. Women’s House Shelta and the Immigrant Women’s Support Service (IWSS), both in Brisbane, have identified a number of emerging issues for women in Australia who are on temporary visas and have experienced domestic violence. These issues include financial barriers, access to Australian service systems, such as healthcare, crisis and public housing, legal assistance and protection for children. Further difficulties are experienced where women on temporary visas are also from non-English speaking backgrounds. Women’s House Shelta and IWSS are seeking to collaborate with other community members and agencies across the country to address these issues.

Isolation

Women who are on certain temporary visas such as student visas, tourist visas or bridging visas issued to skilled migration applicants while a decision is made - are not eligible to access many of the essential services that may be required for independent living, such as public housing and health services through Medicare. Women on these visas also face difficulties accessing free English

9

classes and employment opportunities. If they have children, they are liable to pay full fees for their children’s state school education.

Women’s House Shelta has supported women accommodated in their refuge who have been unable to access an income through Centrelink, and who, due to the lack of options available to them, have been subjected to exploitation once their employer (or prospective employer) has found out that they do not have permanent residency.

Poverty and financial insecurity Even where there are community-based services, income and housing options continue to be crucial to those in the process of leaving an abusive relationship.

In order to ensure their continued survival and to pay for essential living costs, such as rent and food, there have been instances where women have unwillingly resorted to earning money from work such as stripping, exotic dancing and working in the sex industry.

Women on international student visas may also accrue large debts due to a lack of financial resources to pay educational institution fees. Furthermore, for women on international student visas affected by domestic violence, quitting, deferring studies or changing their study area or mode may put them in breach of visa conditions and without appropriate support to ensure their safety.

www.adfvc.unsw.edu.au

Enforcing social isolation is a common tactic used by perpetrators of domestic violence to maintain power and control over a woman. For women of non-English speaking backgrounds, this is compounded by language barriers, as well as the absence of support networks in Australia (primarily due to separation from friends and family who remain in the country of origin). Women on temporary visas and women from CALD communities may not be aware of services available in the community that may be able to assist them, and may also lack knowledge of the relevant laws pertaining to domestic violence and sexual assault.

Restricted access to services supporting safety

In some cases, it appears that the only alternatives for

issue was established by the Combined Women’s Refuges

women may include returning to the perpetrator of the

Group of South/East Queensland. What is now required is a

violence, or taking accommodation with someone who

national and coordinated lobbying effort, so that the efforts

also abuses or exploits them. Poverty makes women more

of southern Queensland services can converge with those

vulnerable to men’s violence as it restricts their options and

of other agencies and community members services to

makes them dependent on their abusers. Having access

strengthen the voice of concern. We need to co-ordinate

to an adequate income and affordable and safe housing options are essential for their safety.

Whilst some agencies and charities provide short-term or one-off assistance (for example, food and temporary

Changes to Centrelink Special Benefit and other service safety net provisions

housing), this is often only temporary or piecemeal,

One proposal we suggest is that we call for changes to

and does not address the complexity of other needs,

Centrelink’s Special Benefit eligibility criteria. All women

particularly in relation to physical and emotional safety.

and their children escaping violence from their partner

Risk of being sent back to country of origin If the perpetrator of the violence is the primary visa holder, women and children on temporary visas who leave a

10

our efforts in order to promote relevant policy changes.

should be eligible for a Centrelink benefit, regardless of visa type, once the usual assets test has been applied and at least until their immigration status is decided by the Department of Immigration and Citizenship. Women could be referred to Centrelink by a domestic violence service,

violent relationship are also at risk of being forced to

refuge or other appropriate agency. Access to these

go back to their country of origin. However, for many of

benefits would make an enormous difference in terms of

these women it is not safe to return, as they may face

facilitating women’s safety and promoting self-reliance.

recriminations, violence and discrimination from their

Similarly, the barriers to accessing public housing, legal

family and community. In order to apply for a protection

aid, health concessions and a free, state school education

visa, women must fit the relevant criteria and be able to

for children could be removed by changes to federal and

prove they fear persecution, rather than harassment or

state and territory policies in each of these areas, and

discrimination.

where necessary, these changes could be supported by

Women who have children with an Australian resident

legislative amendments.

or citizen may find themselves in a particularly difficult

In addition, services providing support for women who are

position. Women on some temporary visas who are still

experiencing domestic and family violence may need to

in Australia may face deportation, and consequently be forced to leave their children with the perpetrator of domestic violence if a family court order is in place and they lack the financial resources to access the limited option of applying to move from temporary to permanent residence. In one instance, a woman returned to her country of origin with her children, only to be served with

consider their own policies and practices which can limit options for the safety of women on temporary visas without access to income support.

The authors invite anyone interested in advancing solutions to the needs of women on temporary

an order from the Australian Family Court to return the

visas experiencing domestic violence to contact us,

children to Australia. Upon return to Australia however,

either through Women’s House Shelta on

women in situations such as this will have no access

(07) 33910005 or womenshouse@pacific.net.au,

to income or housing and may be excluded from legal

or by contacting the Director of the Immigrant

aid and other pro bono representation because of their

Women’s Support Service, Cecilia Barassi-Rubio

residency status. Usually their legal and migration issues become complex due to multiple factors involved in their

on (07) 38463490 or cecilia.barassi@iwss.org.au.

leaving and re-entering the country.

Women’s House Shelta provides refuge accommodation

Improving assistance for temporary visa holders:

violence. We are a feminist, collectively run, community organisation, based in Brisbane.

Coordinated lobbying across all states and territories

The Immigrant Women’s Support Service (IWSS) is a

The issues affecting safety from domestic violence for

domestic violence and sexual assault service response to

women on the visa types described above have been a concern for many services across Australia and have been raised in discussion at conferences, forums and

newsletter .53

and support to women and children escaping domestic

community based organisation that provides a specialist women from non-English speaking backgrounds and their children.

seminars. In addition, these issues were included in the

Both Women’s House Shelta and the Immigrant Women’s

Immigrant Women’s Support Service (IWSS) submission

Support Service are funded by the Queensland

to the National Plan to Reduce Violence Against Women

Department of Communities through a State and

and their Children 2010-2022. A working group on this

Commonwealth agreement.

interview In conversation with Violeta Politoff, media researcher at the University of Melbourne BY Inara Walden, Clearinghouse Senior Researcher issue of violence

Violeta Politoff is a media researcher at the University of Melbourne. In 2012 she published research with Professor Jenny Morgan, commissioned by VicHealth, on media coverage of violence against women, looking at the past 20 years of coverage of the issue. This report formed the basis of a Guide to Reporting on Violence Against Women, and was also used to develop the judging guidelines for Eliminating Violence Against Women Award entries.

against women less problematically than its international counterparts.

Now for the bad news. While we found little explicit victim blaming, we did find that 17-24 per cent of articles included

Tell me about your research on media coverage of violence against women, what approach did you take to conducting this important research?

‘subtle’ suggestions that the victim could be responsible for

Most of the work in this area has been conducted

enabling the violence. This occurs more often in coverage

internationally, particularly in the US and the UK, so we

that includes commentary (opinion pieces, etc.), and less

knew there was a gap in the field. We wanted to know how Australian coverage of violence against women compared to the international research. We began by reviewing the literature, and from this review we identified key areas consistently found to be problematic. In particular, researchers tended to find the issue was covered individualistically, lacked context and information about the

frequently in what could be called ‘hard’ (or events-based) news. The positive here is that since victim blaming occurs more often in commentary/opinion pieces, readers are likely to be aware that these pieces are coming from a particular point of view, and are not necessarily reporting ‘facts’. Although the presence of any form of victim

social problem, tended to use legal professionals (rather

blaming is troubling, the lack of explicit victim blaming is

than domestic & family violence or sexual assault experts)

nevertheless an encouraging finding.

as sources, and reproduced rape myths and victim blaming discourse.

We decided to focus on Victorian print media (The Age and the Herald Sun) coverage over three periods spanning twenty years (1986, 1993-1994, 2007-2008). We gathered

What might be done better?

There are a number of things that we believe would help improve the coverage of this issue (more on this can be found in the Guide to Reporting on Violence Against

articles which covered: sexual violence, intimate partner

Women). However there are three elements in particular

homicide, murder, or used terms like ‘violence against

that we feel would be relatively simple and could go a long

women’ or ‘domestic violence’. We collected over 9,000

way towards improving coverage. The first is making sure

articles, and using a random sampling technique, we

to label incidents as a case of violence against women (or

coded and analysed 2,452 articles. The articles were

‘domestic violence’, ‘intimate partner violence/homicide’,

coded based on the research questions we derived from

or ‘family violence’) in order for readers to easily and

our literature review and findings from VicHealth’s 2009

immediately link individual incidents to the broader social

National Survey on Community Attitudes to Violence

problem.

Against Women.

The second recommendation, which also ties in with the first, is making sure to include information about victim

Compared to the international research, it appears that

per cent of articles about violence against women included

Victorian print media does a pretty good job overall.

any information about victim or perpetrator services

In particular, coverage is much less likely to explicitly

(such as telephone numbers or websites). By offering this

blame the victim (we found that only 2 per cent of articles

information newsmakers could contribute greatly to raising

explicitly blame the victim). This is really good news,

public awareness of the services available and (again)

and/or perpetrator services. Our research found that only 2

help to link incidents to the broader problem.

www.adfvc.unsw.edu.au

What did you find were the strengths in the way media currently depict family violence in Australia?

and suggests that Australian print media handles the

11

Lastly, we recommend newsmakers seek out violence

News values also play a key role in how coverage of

against women/family violence experts as sources. We

violence against women is shaped. News making is about

found the use of sources to be a serious issue, with only

covering the ‘who, what, when, and where’ of recent

6 per cent of sources in our sample being domestic &

events. This means that news tends to be events driven

family violence or sexual assault experts. Including these

(in our sample 83 percent of violence against women

types of sources more often would help considerably in

stories were purely event based). For coverage of violence

the inclusion of information and context in reporting of this

against women, this ‘just the facts’ type of reporting means

issue.

the focus is likely to be solely on the individuals involved in

In order to increase the use of these sources in reporting, we believe it is important to build the media management and communications capacity for those working the sector. Ensuring those working in the field have the skills necessary to undertake media activity will increase the likelihood that reporting will include useful information about violence against women/family violence as a significant and preventable community problem.

elements (even if still based on an incident), they were much more likely to include contextual information about issues of violence against women and family violence.

While this element of news making is well established, transformations in the contemporary media environment are enabling alternative spaces and forms of storytelling to gain legitimacy.

Can you explain the surprising finding you had about sources used by the media, and what this might mean?

Very often coverage of violence against women doesn’t

I think there are a number of reasons why violence against women experts and social workers are rarely used as

perpetrator. This leaves readers with the impression

sources. One reason is likely to be the fact that the majority

that the crime was perpetrated by a stranger. The

of stories are coming from court reporting or the police.

overrepresentation of violence perpetrated by strangers

Within this context, criminal justice personnel are logical

reinforces the belief that women are more likely to be

and readily available sources for stories. The issue with

hurt by a stranger, and in doing so deters readers from

this, however, is that these sources tend to discuss details

understanding that gender-based violence is usually

around individual incidents, and are unlikely to incorporate

perpetrated by someone known to the victim. This belief is

information about the case in relation to the wider social

likely to leave women feeling increased (and unwarranted)

problem. Therefore these sources are likely to reinforce an

levels of fear around strange men, a false sense of security

individualised (‘it’s the family’s problem’) way of thinking

around familiar men, and (in cases of sexual violence) a

about the issue. The reliance on criminal justice personnel

sense of doubt if reporting a sexual assault that does not

also reinforces the idea that law-and-order is the most

conform to the stereotype of ‘real rape’. The concern is that

effective method for handling the problem, rather than

this type of misrepresentation will limit the public’s ability to

alternative approaches or ways of thinking about the issue.

understand the contexts in which violence against women most often occurs.

What barriers exist in terms of the way that media can report such incidents?

We have found that there are a number of barriers that affect how media report violence against women.

Contempt of court and defamation are two key areas which influence coverage. In particular, a conflict occurs in cases of sexual violence when the desire to name the perpetrator and identify the relationship means inadvertently revealing the victim’s identity (which is often prohibited). However,

The Clearinghouse would like to sincerely thank Violeta for sharing her time, ideas and wisdom, and for her work with the media to combat violence against women in Australia.

References Eliminating Violence Against Women (EVAs) Media Award webpage www.evas.org.au Morgan J & Politoff V 2012, Victorian print media coverage of violence against women: Summary report, VicHealth, available online at www.vichealth.vic.gov.au

women, when faced with this choice, we believe it is

Guide to Reporting on Violence Against Women online resource www.vichealth.vic.gov.au/Programs-andProjects/Freedom-from-violence/Resources/Guide-to-

preferable to identify the relationship context and leave the

reporting-on-violence-against-women.aspx

in terms of the representation of sexual violence against

perpetrator unnamed.

newsletter .53

social problem or context. When stories included thematic

What impact might unclear reporting, such as omission of details of relationship between perpetrator and victim, have on public perceptions? mention the relationship between the victim and the

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the violence, and not include information about the broader

fast facts Domestic and family violence and people from immigrant and refugee backgrounds By Tahlia Trijbetz, Clearinghouse Research Assistant This Fast Facts highlights key issues for immigrant and refugee victims of domestic and family violence and common recommendations from the literature on how to improve their access to services and protection.

A longer version can be found online at: http://www.adfvc.unsw.edu.au/fast_facts.htm

Improving service provision and justice Many Australian reports include recommendations to improve safety and service provision. These include:

àà Delivering cultural competancy training for mainstream and specialist government and non-government services (Allimant & Ostapiej-Piatkowski 2011)

àà Improving the availability of translation and interpreting services (Allimant & Ostapiej-Piatkowski 2011)

Australia’s demographic Australia’s population is diverse:

àà Recent estimations suggest that more than a quarter (27%) of Australia’s population was born overseas (Australian Bureau of Statistics 2012, p. 1).

Research and reporting There is insufficient information about the prevalence of domestic violence in immigrant and refugee communities:

ààQualitative studies with immigrant and refugee

communities have been conducted, however limited quantitative data is available (Australian Bureau of Statistics 2013, p. 6)

ààSome cultural practices may expose immigrant and

refugee women and girls to additional risks of violence.

In addition, trauma from previous experiences of violence can increase the risk of experiencing or perpetrating violence in the home (Allimant & OstapiejPiatkowski 2011).

àà Using a variety of communication and social marketing strategies in English and other languages to raise awareness (Poljski 2011)

àà Instituting legal empowerment strategies to promote knowledge of legal rights, services and processes (Dimopoulos 2010).

REFERENCES Allimant A & Anne S 2008, ‘No room: homelessness and the experiences of women of non-English speaking backgrounds’, paper presented at the 5th National Homelessness Conference, Adelaide, viewed 3 June 2013, <www.homelessnessaustralia.org.au/UserFiles/File/ Allimant%20and%20Anne.pdf> Allimant A & Ostapiej-Piatkowski B 2011, Supporting women from CALD backgrounds who are victims/survivors of sexual violence: challenges and opportunities for practitioners, Australian Centre for the Study of Sexual Assault, Australian Institute of Family Studies, Melbourne Australian Bureau of Statistics 2012, Migration, Australia, 2010-11, cat. no. 3412.0, ABS, Canberra

Challenges to disclosure and help seeking

Australian Bureau of Statistics 2013, Defining the data challenge for family, domestic and sexual violence, 2013, cat. no. 4529.0, ABS, Canberra

Obtaining accurate data is difficult as victims often experience additional challenges to disclosure and help seeking. These include:

Bhuyan R & Senturia K 2005, ‘Understanding domestic violence resource utilisation and survivor solutions among immigrant and refugee women: introduction to the special issue’, Journal of Interpersonal Violence, vol. 20, no. 8, pp. 895-901

àà Fear of authorities (InTouch Inc. Multicultural Centre Against Family Violence 2010)

àà Cultural stigma and risks of experiencing shame (Bhuyan & Senturia 2005)

Dimopoulos M 2010, Implementing legal empowerment strategies to prevent domestic violence in new and emerging communities, Issues Paper 20, Australian Domestic and Family Violence Clearinghouse, Sydney

àà Reliance on the abusive partner for a visa (Allimant &

InTouch Inc. Multicultural Centre Against Family Violence 2010, ‘I lived in fear because I knew nothing’: barriers to the justice system faced by CALD women experiencing family violence, In Touch Inc., Melbourne

àà Lack of access to public funds, health care, refuge or

Pease B & Rees S 2007, ‘Researching domestic violence in refugee families’, DVIRC Quarterly, no. 1, pp. 10-15

(Pease & Rees 2007)

Ostapiej-Piatkowski 2011, p. 5)

housing and other services that require a visa (Allimant & Anne 2008).

Poljski C 2011, On her way: primary prevention of violence against immigrant and refugee women in Australia, Multicultural Centre for Women’s Health, Melbourne

www.adfvc.unsw.edu.au

àà A lack of cultural understanding in mainstream services

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recent additions

to the research and resources database Search our database of over 6000 articles, reports, books and other resources on domestic and family violence: www.adfvc.unsw.edu.au/research.html

ARTICLES Chung D & Hartwig A 2012, ‘Having the violence leave: a choice or a right?’, Parity, vol. 25, no. 9, pp. 42-44 This article outlines the Western Australian Safe at Home (SAH) program, which was designed to provide an alternative to the homelessness often suffered by women and their children in escaping domestic violence. Hartwig’s research findings are outlined, regarding: positive aspects of women’s experiences of Safe at Home, women’s perceptions of their safety before and after participating in the program, and statistics covering details of referrals to the program and expenditure on program implementation.

Douglas H 2012, ‘A consideration of the merits of specialised homicide offences and defences for battered women’, Australian & New Zealand Journal of Criminology, vol. 45, no. 3, pp. 367-382

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In response to calls for reform, some jurisdictions have introduced specialised offences and defences for battered women who kill their abuser. These include ‘defensive homicide’ and ‘killing for preservation in an abusive domestic relationship’, which can result in a conviction of defensive homicide and manslaughter respectively. This article reviews debates relating to these developments, examines recent case law to consider their effectiveness in application and concludes commenting on some unintended consequences from the reforms.

Theobald D & Farrington DP 2012, ‘Child and adolescent predictors of male intimate partner violence’, Journal of Child Psychology and Psychiatry, vol. 53, no. 12, pp. 1242-1249

newsletter .53

This UK research drew on the participants of the Cambridge Study in Delinquent Development (CSDD), a prospective longitudinal survey to investigate whether early childhood and adolescent factors could predict intimate partner violence. Men were surveyed at two different ages and additional information was collected from parents, teachers and female partners. The authors found that early childhood factors did predict adult male violence. Both family and individual factors were shown to be associated with later intimate partner violence.

Yoo J A & Huang CC 2012, ‘The effects of domestic violence on children’s behavior problems: Assessing the moderating roles of poverty and marital status’, Children and Youth Services Review, vol. 34, no. 12, pp. 2464-2473 This article discusses the findings from an analysis of data from the Fragile Families and Child Wellbeing Study, which looked at the variables of poverty levels and maternal marriage status in determining the behavioural effects

of domestic violence on children. The authors found that children living in poor environments were less affected by domestic violence than children living in non-poor situations. Additionally, children living with unmarried mothers exhibited more externalising behaviour problems but fewer internalising behaviour problems compared to children living with married mothers.

REPORTS AND PAPERS Australian Human Rights Commission 2012, Australian study tour report: visit of the UN Special Rapporteur on Violence against Women: 10-20 April 2012, Australian Human Rights Commission, Sydney This report gives an overview of the UN Special Rapporteur on Violence against Women’s visit to Australia, co-hosted by the Australian Human Rights Commission and the Australian Government. It details the main issues raised during the visit, characterised by three objectives: to gather information on violence against women; to gather information on culture and violence in Aboriginal and Torres Strait Islander communities; and to identify strategies to eliminate violence against women.

Foster G, Boyd C, O’Leary P 2012, Improving policy and practice responses for men who are sexually abused in childhood, ACSSA Wrap, no. 12, Australian Institute of Family Studies, Melbourne This resource serves as an overview of the Australian situation for men who have experienced sexual abuse in childhood. The first section describes male child sexual abuse: its prevalence and effects; barriers to men’s disclosure; and methods of coping. It then looks at service development: provision of services for men; and introduction of men’s health strategies by the Federal Government. Finally, it discusses building connections: engaging services; and group work.

Tarczon C & Quadara A 2012, The nature and extent of sexual assault and abuse in Australia, ACSSA Wrap, Australian Institute of Family Studies, Melbourne This Australian publication presents what is known about the extent and nature of sexual assault and abuse in Australia, based on data from the Personal Safety Survey, Australia, 2005, the Crime Victimisation Survey, Australia 2010-2011, and Recorded Crime-Victims, Australia 2011.

In particular, it discusses the sexual victimisation which occurs in high-risk populations such as adolescents, Indigenous Australians, people with a disability, older people and those in correctional institutions.

CAN’T FIND A PUBLICATION? The Clearinghouse can provide you with an electronic or photocopied version of publications on our database that are not publicly available.

Contact the Communications Officer at: clearinghouse@unsw.edu.au or on (02) 9385 2990 or 1800 753 382.

inside 3 welcome 4 clearinghouse update 5 legislation update 6 legal notes 7 feature: safe at home, safe at work 2010-2013 9 feature: domestic violence and temporary visa holders: barriers to safety 11 interview: violeta politoff 13 fast facts 14 recent additions to the research and resources database

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16 latest clearinghouse publications

Contributions The Clearinghouse welcomes submissions from service workers, researchers and individuals. If you wish to submit an article or review, please email a one paragraph outline to the address below. We will provide you with feedback and discuss a deadline for submission.

Subscriptions For a free subscription to the Clearinghouse Newsletter or our other publications, please phone, fax or email us, or subscribe online at – www.adfvc.unsw.edu.au/subscribe.html For more information contact the Clearinghouse at –

Email: clearinghouse@unsw.edu.au Ph: (02) 9385 2990 Fax: (02) 9385 2993

The views expressed in this Newsletter do not necessarily represent the views of the Australian Domestic and Family Violence Clearinghouse or the Australian ISSN Print: 1443-7236 ISSN Online: 1838-7101 © 2013 Design/Printing: Print Post Plus (P3)

Government. While all reasonable care has been taken in the preparation of this publication, no liability is assumed for any errors or omissions. The Australian Domestic and Family Violence Clearinghouse is funded by the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs. The Clearinghouse is a project of the Centre for Gender-Related Violence Studies, at the University of New South Wales, School of Social Sciences.

www.adfvc.unsw.edu.au

Publication Information

latest clearinghouse publications

See all Clearinghouse publications at: www.adfvc.unsw.edu.au/publications.html You can be notified when Clearinghouse papers are published on our website.

Just contact us on (02) 9385 2990 or subscribe online: www.adfvc.unsw.edu.au/subscribe.html

Research papers

Other resources

Issues Paper

Fast Facts

ààBraaf R & Barrett Meyering I 2013, The gender debate in

ààTrijbetz T 2013, Domestic and family violence and people

domestic violence: the role of data, Issues Paper 25

www.adfvc.unsw.edu.au/PDF%20files/IssuesPaper_25.

from immigrant and refugee backgrounds, Fast Facts 11 www.adfvc.unsw.edu.au/fast_facts.htm (TBC)

safe at home, safe at work wrap-up

pdf

Special collections Practice Monograph

àà

Zannettino L, Pittaway E, Eckert R, Bartolomei L, OstapiejPiatkowski B, Allimant A and Parris J 2013 Improving responses to refugees with backgrounds of multiple trauma: Pointers for practitioners in domestic and family violence, sexual assault and settlement service, Practice Monograph 1 www.adfvc.unsw.edu.au/research_reports.htm

Research and Practice Brief

ààBraaf R & Barrett Meyering I 2013, Reading statistics: a

guide for professionals working with domestic and family violence, Research and Practice Brief 4 www.adfvc.unsw.edu.au/researchandpractice.htm

ààRefugees and domestic and family violence (updated 2013)

www.adfvc.unsw.edu.au/specialcollections.htm

immigrant and refugee experiences media coverage of violence against women

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newsletter

Australian Domestic & Family Violence Clearinghouse The University of New South Wales, NSW Australia 2052 T +61 2 9385 2990 freecall 1800 753 382 F +61 2 9385 2993 E clearinghouse@unsw.edu.au www.adfvc.unsw.edu.au

Winter / 2013

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newsletter