Safer Pathway and legislative reform: An overview of recent legislative and policy initiatives to deal with domestic violence in NSW 23 July 2015

Safer Pathway  A new coordinated way of responding to domestic and family violence in NSW  Led by the Department of Justice  Commenced in two launch sites, Orange and Waverley, in September 2014  Further four sites commenced operation 1 July 2015 – Bankstown, Broken Hill, Parramatta, Tweed

Background  It Stops Here reforms were launched by the Minister for Women in February 2014  The reforms build upon the recommendations of several key reports:  NSW Auditor-General’s 2011 Responding to Domestic and Family Violence report; and  NSW 2012 parliamentary inquiry into domestic violence trends and issues  These reports recognised the excellent work being done in NSW but highlighted the need for agencies and services to coordinate better

Aim of Safer Pathway  Provide all domestic violence victims across NSW with a consistent, effective and proactive response  Prevent victims from having to re-tell their stories multiple times  Promote information sharing between service providers in order to prevent domestic violence homicides

Components of Safer Pathway Information Sharing Domestic Violence Safety Assessment Tool Common approach to assessing threat Streamlined referral pathway Central Referral Point Consistent access to coordinated support for domestic violence victims Safety Action Meetings Targeted response to victims at serious threat of injury or death Local Coordination Points (WDVCASs)

Information sharing  Part 13A of the Crimes (Domestic and Personal Violence) Act 2007 and a related Information Sharing Protocol commenced on 15 September 2015 to create exceptions to NSW privacy laws  Division 2: to facilitate victims’ access to support services  Referral from Police and Local Courts – automatic  Referral from other agencies where threat – with consent  Any further sharing of information only with consent  Division 3: to prevent or lessen a serious threat to the life, health or safety of a person  Consent should be sought unless impractical or unreasonable  Lack of consent can be overridden in some situations

DVSAT  A tool to assess the level of threat to a victim of domestic violence of further harm, particularly serious injury or death  Part A = 25 questions relating to known indicators of serious threat (e.g. “Has your partner ever tried to strangle you?”)  Part B = Professional judgement  There are two levels of threat – “at threat” and “at serious threat”

 Victims can be found to be at serious threat based on:  Number of “yes” responses;  Professional judgement; or  Repeat victimisation (NSW Police Force only)  Police must complete the DVSAT for each domestic violence incident  The completed DVSAT must be sent to the Central Referral Point as part of the referral process (by the end of the officer’s shift)

Central Referral Point  Electronic platform managed by Victims Services  Receives automatic referrals from Police and Local Courts  Distributes referrals to the relevant Local Coordination Point or WDVCAS on the basis of the victim’s postcode  Male victims are referred to Victims Services  Non-Police agencies and services will be able to use the Central Referral Point in future

Local Coordination Points  Receive referrals for local area from the Central Referral Point  Contact each referral and seek consent to provide clients with:  Threat assessment using DVSAT  Case coordination – i.e. warm referrals to a range of service providers  Provide secretariat support for Safety Action Meetings  Hosted by 28 WDVCASs across NSW and Victims Services  Local Coordination Point functions are in addition to (and separate from) regular WDVCAS work

 A process to reduce serious threats to victims’ safety through targeted information sharing  Fortnightly meetings in local areas  Focus on reducing the immediate threat to victims’ safety – not case management  Meetings are chaired by Police and attended by senior representatives from each agency or service with the authority to make decisions at the table Safety Action Meetings

 Core members include:  NSW Police Force  Local Coordination Point  Corrective Services  Department of Education  NSW Health (including drug and alcohol services, mental health services)  FACS (Housing and Community Services)  Other government and non-government members are decided locally  These members may attend regularly or on an occasional basis (if working with a particular client)

Safety Action Meeting process  Local Coordination Point circulates agenda at least 3 days before each meeting  At the meeting members share information to build a comprehensive picture of a victim’s circumstances and needs  Members develop a Safety Action Plan for each victim on the agenda – a list of actions aimed at reducing the threat to the victim’s safety

 Actions are for agencies and services (not victims!) – The question is always, what can we do to keep this person safe?  Actions are specific and targeted – e.g. “advise school of relevant ADVO conditions”, “advise victim of imminent release of perpetrator from custody”, “put victim on priority list for accommodation”  SAMs are not case management meetings – victims do not stay on the agenda for a long time

DV evidence in chief (DVEC)  Legislation commenced 1 June 2015 to allow a video or audio recording of a victim to be presented as the victim’s evidence in chiefin proceedings where DV offence  Objective to increase victim participation in court process  Police must seek victim’s informed consent to record  Service of evidence and defendant to view recording  Prosecutor determines whether to play recording  Victims must be available for cross-examination  Mandatory warning to jury  Reforms being monitored

Plain English ADVOs  Department of Justice in partnership with the Behavioural Insights Unit at Department of Premier and Cabinet  Objective to reduce ADVO breach rates and DV reoffending by increasing defendant understanding  First phase:  Plain English, personalised ADVO with behavioural messages  Text messages  Second phase:  Explaining orders  ‘Make a plan’

Statutory Review  Crimes (Domestic and Personal Violence) Act 2007  It has considered many reviews that have taken place:  Australian and NSW Law Reform Commission Family Violence Report 2010  Legislative Council Standing Committee on Social Issues Domestic violence trends and issues Report 2012  More recent DV reforms which impact ADVOs  Extensive consultation with sector  Reforms likely to be extensive

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