Domestic, Family Violence and People with Cognitive Disability

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Domestic, Family Violence and People with Cognitive Disability

Disability Justice Project

‘Domestic, Family Violence and People with Cognitive Disability’

Participants Notes

1 Acknowledgement:

Ashlee Donohue has produced this work, in collaboration with the Centre for Community Welfare Training (CCWT) as well as project partners Intellectual Disability Rights Services (IDRS) and Life Without Barriers (LWB)

Released for use: July 2017

Disclaimer:

NSW Department of Family and Community Services (FACS) as well as project partners and the course developer(s) do not give warranty nor accept any liability in relation to the content of this work.

Copyright@ NSW Department of Family and Community Services, 2017

Contact the Disability Justice Project Level 4, 699 George Street (Cnr. Ultimo Road) Sydney NSW 2000 Email: [email protected] www.disabilityjustice.edu.au

2 Table of Content:

Acknowledgements

Disclaimer

1. Introduction 1.1 Facilitator 1.2 Acknowledgements or Welcome To Country 1.3 Housekeeping 1.4 Group Agreement 1.5 Ice breaker/ Self - introduction 1.6 Overview of DJP

2. Training Content 2.1 Training Objectives 2.2 Training Agenda 2.3 Disability Justice Framework

3. Definitions and Statistics 2.1 What is a cognitive disability? 2.2 What is Domestic Violence? 2.3 What is family violence? 2.4 Statistics; - Women - YouTube clip – “Let’s change the story” - Indigenous Women - Indigenous men - profile - People with cognitive disability - Indigenous people cognitive disability 2.5 DVD – Angela’s Story 2.6 Debrief of DVD

4. Group activities 3.1 Situational Study 3.2 Challenges

5. Identifying the gaps

3 4.1 Information on gaps 4.2 Peer collaboration

6. Boundaries 5.1 Addressing boundaries 5.2 Understanding reports, assessments, AVO, duty of care

7. True or False 6.1 Quiz

8. Good Practices 7.1 Identifying best practice 7.2 Current Government Policies

9. Peer collaboration 8.1 Develop support plan

10. Perpetrators 9.1 What’s out there for them? 9.2 Are men affected by DV/FV? 9.3 DVD ‘Change your ways’

11. Impact on workers 10.1 Vicarious trauma 10.2 Complex PSTD 10.3 Self Care 10.4 Supervision

12. Client Support services 11.1 List of Services

13. Reflection 12.1 Questions 12.2 Evaluation

14. Thank You – Session closed

15. Useful Resources

16. Bibliography

4 1. Introduction:

Disability Justice Project: The Disability Justice Project is a two – year capacity building project for disability service providers, working with those who have intellectual or cognitive disabilities and may come into contact with the criminal justice system.

The Disability Justice Framework was developed as part of the Family and Community Services (FACS) funded Disability Justice Project. The Disability Justice Project aims to

“… Build capacity across the NSW disability sector to support people with a cognitive disability who come into contact with the justice system, to be able to exercise their rights under the law.”

The Disability Justice Framework This Disability Justice Framework document is a key component of this Project and is designed for use by individual disability service providers and practitioners to help embed disability justice best practice in their organisation.

Widespread consultations were held with service providers and other stakeholders to inform the development of this Framework.

Disability Justice Best Practice Principles The Disability Justice Best practice Principles provide an overarching set of principles that are informed by the Legal and Ethical Framework Foundations and guide sector, organisational, management and staff practice. It is intended that all of these principles will be applied with a focus on cultural relevance and competency in working with Aboriginal people and their communities.

It is recommended that this information is incorporated into any organisational review and implementation of the DJP Framework to ensure disability justice best practice

Disability Justice Best Practice Principles are:

5  Rights based  Person centred  Accessible and inclusive

2. Training Content: This course will look at the dynamics of violence within intimate relationships, male/female, same sex couples, and female/male, highlighting the particular issues that people with a range of cognitive disabilities experience.

The training will provide a holistic view on the impacts of violence, domestic violence and family violence faced by those with a cognitive disability, and how it is responded to differently, particularly with relation to family violence as people with a cognitive disability often experience violence within a family situation, not just intimate partner relationships.

Participants will be provided with an overview of domestic, and family violence (DV/FV) and how it is a serious problem experienced by all people of all walks of life, and how devastating the effects of DV/FV are on all those who experience it. Highlighting the impact DV/FV has on people with a cognitive disability or impairment, this course focuses on people with a diagnosed disability, as well as people with a range of cognitive impairments resulting from such things as trauma, AOD abuse, repeated brain injury/ies, etc.

Participants will also gain an improved understanding of the varying physical, emotional, financial, and spiritual affects and the social aspect domestic violence has on women, children, men, families and the community.

This workshop acknowledges that there are many forms of violence within family and community that are also just as serious and devastating, but this session will be addressing ‘Domestic/Family Violence’ its definition and characteristics.

Although men do experience domestic violence, it is important to acknowledge in the majority of all cases, women are the victims.

6 Learning objectives: At the end of this session participants will be able to:

 Understand what constitutes a domestic, and family violence relationship (DV/FV) and how might this look different or be compounded when someone has an intellectual disability or cognitive impairment?  Identify different behaviours that define domestic, and family violence  Identify different forms of domestic, and family violence  Gain an overall understanding of what a domestic, and family violence relationship may look like for people with a cognitive disability  The rights and needs of people with a cognitive disability  How to work through the justice system with people with a cognitive disability  Where to get assistance, support and advice.

3. Definitions and Statistics:

What is an intellectual disability?

Types of Intellectual Disabilities;

1. The most common type of intellectual cognitive disability is a mild cognitive disability, accounting for around 85% of all intellectual disabilities. People in this category have IQ scores between 55 and 70. ‘Common characteristics of mild intellectual disabilities include difficulty remembering previously learned material, problems making predictions, short attention spans, poor short-term memories, and challenges generalizing skills to new situations.’

2. The second-most common intellectual disability is a moderate intellectual disability. People with this type of disability have IQ scores between 30 and 55. These people may have simple communication skills, difficulties in social situations, and also might present with noticeable delays. About 10% of people who've been diagnosed with an intellectual disability fall in the moderate range.

7 3. The third type of intellectual disability is a severe intellectual disability. People with severe intellectual disabilities have IQ scores that fall under 30 and will have few communication skills, and will need direct supervision. Of all intellectual disabilities, only about 3- 4% of people have a severe intellectual disability.

What is a cognitive impairment? A cognitive impairment is different to an intellectual disability. People with a cognitive impairment may have a high intellect, but a specific area of their brain has been affected. Typical causes of cognitive impairment in people involved in the criminal justice system are:

Repeated brain injuries Long-term drug misuse Trauma, particularly trauma experienced in early childhood.

It is important to note that most cognitive impairments can be healed. Common impacts of cognitive impairments are difficulties with memory, and comprehending information and low impulse control.

It is extremely difficult to develop a test that measures innate intelligence without introducing cultural bias. This has been virtually impossible to achieve. One attempt was to eliminate language and design tests with demonstrations and pictures. Another approach is to realize that culture- free tests are not possible and to design culture-fair tests instead. These tests draw on experiences found in many cultures. www.Wilderdom.com

8 There are significant issues in terms of limitations of psychometric assessment of intellectual functioning when used with Aboriginal people. Many psychometric tests rely on a question and answer format, frequently using the English language. Written responses require formal education in western-based schooling systems. These are significant factors in some cultures which do not have a written language. The one-on-one encounter with a practitioner administering the test may affect performance in a culture which may consider it rude to be asked numerous questions by strangers from another culture.

Overall, most psychometric instruments developed for cognitive assessments in Aboriginal and Torres Strait Islander populations have been inadequately validated and require further evaluation.

Kearins J. Children and cultural differences. Dudgeon P, Garvey D, Pickett H, editors. Working with Indigenous Australians: a Handbook for Psychologists. Perth: Gunada Press; 2000.

Indigenous Australians with cognitive impairment are over-represented in criminal justice settings across Australia. This group (compared to the non- disabled population) is more likely to come to the attention of police, more likely to be charged, more likely to be remanded in custody, and more likely to be sentenced and imprisoned. They spend longer in custody than people without cognitive impairment, have far fewer opportunities in terms of program pathways when incarcerated and are less likely to be granted parole. They also have substantially fewer program and treatment options, including drug and alcohol support, both in prison, and in the community when released, than their non-disabled and non-Indigenous counterparts. In some Australian jurisdictions, Indigenous people with cognitive impairment are detained indefinitely.

Sotiri M, McGee P, Baldry E. No End in Sight. The Imprisonment and Indefinite Detention of Indigenous People with A Cognitive Impairment. Sydney: UNSW; 2012.

9 What is domestic violence?

Domestic violence – refers to acts of violence that occur in domestic settings between two people who are, or were, in an intimate relationship. It includes physical, sexual, emotional, psychological and financial abuse. Domestic violence can include violence to someone who is not a family member, for example co-tenants and people in shared housing situations. Domestic violence can be:

• Physical - hitting, kicking, slapping, spitting, weapons

• Sexual - sexual assault, unwanted sexual attention

• Emotional - talking down, constant insults, humiliation

• Verbal - making threats, using intimidation

• Economic - controlling finances and resources

• Cyber - occurs when someone engages in offensive, menacing or harassing behavior through the use of technology.

• Isolation - keeping isolated from family, friends, support

• Stalking – monitoring phones, constant texts and messages, following someone, threats or abusive posts on social media, covert surveillance/filming, installing cameras or electronic devices

What is family violence? ‘Family violence –means conduct and behaviors, whether actual or threatened, by a person towards, or towards the property of, a member of the person’s family that causes that or any other member of the person’s family to fear for, or to be apprehensive about, his or her personal well being or safety’.

Family Violence is a broader term than domestic violence, as it refers not only to violence between intimate partners but also to violence between family members.

This includes, for example, elder abuse and adolescent violence against parents. Family violence includes violent or threatening

10 behavior, or any other form of behavior that coerces or controls a family member or causes that family member to be fearful.

In Indigenous communities, family violence is often the preferred term as it encapsulates the broader issue of violence within extended families, kinship networks and community relationships, as well as intergenerational issues and lateral violence.

In Family Violence—A National Legal Response, Report 114 (2010) (ALRC Report 114), the ALRC and the NSW Law Reform Commission (NSWLRC) (the Commissions) recommended that state and territory family violence and criminal legislation, and the Family Law Act 1975 (Cth), should adopt the following consistent definition of family violence: ‘violent or threatening behavior, or any other form of behavior, that coerces or controls a family member or causes that family member to be fearful’.

Such behavior may include but is not limited to:  Physical violence;  Sexual assault and other sexually abusive behavior;  Economic abuse:  Emotional or psychological abuse;  Stalking  Kidnapping or deprivation of liberty;  Damage to property, irrespective of whether the victim owns the property  Causing injury or death to an animal irrespective of whether the victims owns the animal; and  Behavior by the person using the violence that causes a child to be exposed to the effects of behavior referred to in (a)–(h) above.

11 Statistics: (As stated by ‘Our Watch) The following basic statistics help demonstrate the prevalence and severity of violence against women:

 On average, at least one woman a week is killed by a partner or former partner in Australia.

 One in three Australian women has experienced physical violence, since the age of 15.

 One in five Australian women has experienced sexual violence.

 One in four Australian women has experienced physical or sexual violence by an intimate partner.

 One in four Australian women has experienced emotional abuse by a current or former partner.

 Women are at least three times more likely than men to experience violence from an intimate partner.

 Women are five times more likely than men to require medical attention or hospitalisation as a result of intimate partner violence, and five times more likely to report fearing for their lives.

 Of those women who experience violence, more than half have children in their care.

 Violence against women is not limited to the home or intimate relationships. Every year in Australia, over 300,000 women experience violence – often sexual violence – from someone other than a partner.

 Eight out of ten women aged 18 to 24 were harassed on the street in the past year.

 Young women (18 – 24 years) experience significantly higher rates of physical and sexual violence than women in older age groups.

 There is growing evidence that women with disabilities are more likely to experience violence.

 Aboriginal and Torres Strait Islander women experience both far higher rates and more severe forms of violence compared to other women.

12 Women:

The Impact Of Violence Against Women Violence against women and their children takes a profound and long-term toll on women and children’s health and wellbeing, on families and communities, and on society as a whole.

Intimate partner violence contributes to more death, disability and illness in women aged 15 to 44 than any other preventable risk factor.

Domestic or family violence against women is the single largest driver of homelessness for women, a common factor in child protection notifications, and results in a police call-out on average once every two minutes across the country.

The combined health, administration and social welfare costs of violence against women have been estimated to be $21.7 billion a year, with projections suggesting that if no further action is taken to prevent violence against women, costs will accumulate to $323.4 billion over a thirty year period from 2014-15 to 2044-45.

Children and young people are also affected by violence against women. Exposure to violence against their mothers or other caregivers causes profound harm to children, with potential impacts on attitudes to relationships and violence, as well as behavioral, cognitive and emotional functioning, social development, and – through a process of ‘negative chain effects’ – education and later employment prospects.

Above all, violence against women is a fundamental violation of human rights, and one that Australia has an obligation to prevent under international law.

13 For advice or support, people can call 1800 RESPECT (1800 737 732) or visit www.1800RESPECT.org.au. In an emergency, call 000.

Men: What about violence against men? All violence is wrong, regardless of the sex of the victim or perpetrator. But there are distinct gendered patterns in the perpetration and impact of violence.

For example, both women and men are more likely to experience violence at the hands of men, with the majority of all victims of violence in Australia reporting a male perpetrator.

While men are more likely to experience violence by other men in public places, women are more likely to experience violence from men they know, often in the home.

According to in-depth analysis of the ABS’ Personal Safety Survey (PSS) by Australia’s National Research Organisation for Women’s Safety, approximately one in 12 men (694,100) reported experiencing at least one incident of violence by a female partner since the age of 15. This includes a cohabiting partner, girlfriend or female date.

In contrast, one in four women (2,194,200) reported experiencing at least one incident of violence by a male partner since the age of 15.

Recognising the gendered patterns of violence doesn’t negate the experiences of male victims. But it does point to the need for an approach that looks honestly at what the research is telling us, and addresses the gendered dynamics of domestic, and family violence.

As taken from one in three website: www.oneinthree.com

Male Victims of Family Violence – Barriers To Disclosing:

14 Male victims of family violence and abuse - like women - often face many barriers to disclosing their abuse:  They are likely to be told that there must be something they did to provoke the perpetrator’s abuse  They can suffer shame, embarrassment and the social stigma of not being able to protect themselves  They can fear that if they disclose the abuse there will be nowhere for them and their children to escape to

 In cases of intimate partner violence, they can fear that if they disclose the abuse or end the relationship, their partner might become more abusive and/or take the children  They can feel uncertain about where to seek help, or how to seek help  Services are less likely to ask whether a man is a victim of family violence, and when they do ask, they are less likely to believe him (indeed many health departments have mandatory domestic violence screening for young women, but no such screening for young men)  Male victims can be falsely arrested and removed from their homes because of the assumption that because they are male, they must be a perpetrator and not a victim. When this happens, children can be left unprotected from the perpetrator of the violence, leading many men to suffer the abuse in silence in an attempt to protect their children.

Because of these barriers, men are much less likely to report being a victim of family violence than are women (and women also frequently don’t report violence against them).

Forms Of Abuse Abuse of men takes many of the same forms as it does against women:  Physical violence  Intimidation and threats  Sexual  Emotional  Psychological  Verbal and  Financial abuse  Property damage and social isolation

15 Impacts On Male Victims The impacts of family violence on male victims include: • Fear and loss of feelings of safety • Feelings of guilt and/or shame • Difficulties in trusting others • Anxiety and flashbacks • Unresolved anger • Loneliness and isolation • Low self-esteem and/or self-hatred • Depression, suicidal ideation, self-harm and attempted suicide • Use of alcohol or other drugs to cope with the abuse • Physical injuries • Sexual dysfunction and/or impotence • Loss of work • Loss of home • Physical illness • Loss of contact with children and/or step-children • Concern about children post separation.

Male victims of family violence often find it distressing to see social marketing campaigns such as Violence Against Women Australia Says No (federal) and Don’t Cross the Line (SA), which suggest that men are the only perpetrators of family violence and women and children the only victims.

Gay men can be reluctant to report the abuse they are suffering because they are afraid of revealing their sexual orientation. They can also suffer threats of ‘outing’ of their sexual preference or HIV status by the perpetrator. The perpetrator might also tell them that no one will help because the police and the justice system are homophobic.

If you’re a man who is impacted by family violence, call Mensline 24/7 on 1300 78 99 78 or visit www.mensline.org.au, call 000

Indigenous People With Cognitive Disability: Aboriginal and Torres Strait Islander peoples with mental health disorders and cognitive disability (MHDCD) are significantly over- represented in Australian criminal justice systems.

Indigenous Australians are grossly over-represented in Australian criminal justice systems and in prisons in particular, where they

16 make up 27% of the prison population and they are 13 times more likely than non-Indigenous Australians to be incarcerated (Australian Bureau of Statistics 2014). Findings from the 2001 NSW Inmate Health Survey (Butler and Milner 2003) and from a previous study conducted by the investigators indicate that a higher proportion of Indigenous Australian people in prison have with mental health disorders and cognitive disability (MHDCD) when compared with non-Indigenous people.

However obtaining accurate data on the prevalence of mental and cognitive impairment in Indigenous communities is difficult. A lack of access to professionals for competent diagnosis is one difficulty, as well as misdiagnosis of certain disorders, and under-diagnosis of others due to cultural bias in testing affecting accuracy (MacGillivray and Baldry 2013; Calma 2008).

What is known is that Indigenous Australians experience higher rates of mental illness thanother Australians (AIHW 2011) and this appears to be mirrored in criminal justice systemsand prisons (Heffernan et al 2012) as outlined below.

The 12-month prevalence of mental disorder was 73% among men and 86% among women. This comprised anxiety disorders (men, 20%; women, 51%); depressive disorders (men, 11%; women, 29%); psychotic disorders (men, 8%; women, 23%) and substance misuse disorders (men, 66%; women, 69%).

Heffernan et al 2012

Indigenous women in custody experience particularlypoor mental health, with common histories of multiple traumatic events (Heffernan et al 2015; Baldry & McEntyre 2011; Indig, McEntyre, Page & Ross 2009).

As the primary carers of their families and extended families, the wellbeing of Indigenous women is central to the wellbeing of the community. Nevertheless, Indigenous women continue to experience high rates of mental health problems and disadvantage with findings demonstrating:

17  There has been less improvement in the life expectancy gap for Indigenous females compared to males (Commonwealth of Australia, 2016).  For women in the 25 to 34 age group, death by suicide is three times as high for Indigenous women when compared to non- Indigenous women (SCRGSP, 2016).

 Imprisonment rates for Indigenous females are escalating and several studies have found high rates of post-traumatic stress disorder and histories of child abuse in the imprisoned Indigenous female population (Heffernan et al., 2015).  Between 2014 and 2015 Indigenous females reported experiencing greater levels of stress (38.4 per cent) than Indigenous males (26.7 per cent) (SCRGSP, 2016). At this time Indigenous women reported a significant increase in stressors caused by a range of factors that impact on social and emotional wellbeing such as overcrowding in their homes and unemployment (SCRGSP, 2016). Pat Dudgeon - Aboriginal and Torres Strait Islander Women and Mental Health

Cognitive impairment is alsomore common amongst Indigenous populations than other Australians; for example, ABS data indicates that 8% of Indigenous Australians have an intellectual disability (ABS 2011) compared with 2.9% of the general population (ABS 2012).

Indigenous people with cognitive impairment are over-represented in criminal justice settings across Australia. Recent research indicates that Indigenous Australians with cognitive impairment are more likely to come to the attention of police; more likely to be charged; and more likely to be imprisoned; spend longer in custody; have few opportunities for program pathways when incarcerated be less likely to be granted parole and have substantially fewer options in terms of access to programs and treatments than Indigenous people without cognitive impairment

Those with Fetal Alcohol Spectrum Disorder (FASD) have been noted to be particularly vulnerable due to low levels of understanding and

18 diagnosis. Indigenous people with more than one type of impairment or disability with significant social disadvantages experience particular difficulty in finding culturally appropriate service provision and are more likely to be imprisoned or involved in the criminal justice system (NSW Law Reform Commission 2012).

The needs of Indigenous Australians were found to be particularly acute and poorly serviced by past and current policy and program approaches. Indigenous persons in the MHDCD Dataset have the highest rates of complex needs (multiple diagnoses and disability) and Indigenous women with complex needs have significantly higher convictions and episodes of incarceration than their male and non- Indigenous peers.

They experience multiple, interlocking and compounding disadvantageous circumstances. This analysis provided the imperative for seeking to undertake further quantitative and qualitative investigation of the pathways and experience of Indigenous persons with MHDCD in the criminal justice system.

Indigenous Women: Violence – Cognitive Disability - Justice System;

Australia's National Research Organisation for Women's Safety (ANROWS) states,  Indigenous people are between two and five times more likely to than non-indigenous people to experience violence as victims or offenders  Indigenous females are five times more likely to be victims of homicide than non-Indigenous females.  Indigenous women are 35 times more likely to be hospitalised due to family violence related assaults and Indigenous men 21.4 as likely than non indigenous females and males.

Aboriginal and Torres Strait Islander women tend to enter the criminal justice system at a younger age than non- Indigenous women and are more likely to have a mental or cognitive disability and to have been subject to sexual and family violence than Aboriginal and Torres Strait Islander men and non-Indigenous women. 19 Aboriginal and Torres Strait Islander women with a disability who are involved in the criminal justice system are much more likely to have been caught up in the child protection system, to experience homelessness and to be victim/survivors of violence relative both to Aboriginal and Torres Strait Islander men and to non-Indigenous women.

Indigenous women are up 35 times more likely to experience domestic, family violence than non-Indigenous women.

Strikingly, Aboriginal and Torres Strait Islander women are more than twice as likely as men to experience psychological disability.  A study in WA revealed significantly higher rates of hospital admission for psychiatric issues for Aboriginal women.  A Victorian study found that 92 per cent of Koori women in prison had received a lifetime diagnosis of mental illness and nearly half met the criteria for post-traumatic stress disorder.  This is perhaps unsurprising given that trauma is a ‘prominent experience among Aboriginal women in custody.’  Mental illness is often linked with, or complicated by, a substance misuse disorder.

The early identification and diagnosis of mental and cognitive disability, including foetal alcohol spectrum disorder, is a challenge across criminal justice systems generally. The over-representation of Aboriginal and Torres Strait Islander women in the criminal justice system, and higher rates of disability suggests that a substantial number of Aboriginal and Torres Strait Islander women are entering the criminal justice system with an undetected disability.

The crisis of Aboriginal and Torres Strait Islander women’s over- imprisonment, both in prisons and police cells, is causing immeasurable harm.

Ms. Dhu: The tragic and preventable death of Ms. Dhu, a 22year old Yamatji woman, while in the custody of Western Australian police because of unpaid fines is a devastating example of how the justice system fails Aboriginal and Torres Strait Islander women. Despite repeatedly asking for help, Ms. Dhu died of an infection flowing from a fractured rib – an injury sustained as a result of family violence.

20 Being unable to pay fines saw her locked up and treated inhumanely by police officers before dying in their care. At a time when she needed help, the justice system punished her.

Ms. Dhu’s case is not an isolated one – the deathsof eleven women in prisons and police cells for minor offending were examined by the

Royal Commission into Aboriginal Deaths in Custody. Only nine months ago, another young Aboriginal woman and the mother of four children, died while in police custody in NSW.

Aboriginal and Torres Strait Islander women are the fastest growing prisoner population in Australia. In the quarter of a century since the landmark Royal Commission into Aboriginal Deaths in Custody, the rate of Aboriginal and Torres Strait Islander women’s imprisonment has grown 248 per cent.

Today, Aboriginal and Torres Strait Islander women comprise 34 per cent of women behind bars but only 2 per cent of the adult female Australian population. Even more women are cycling in and out of courts and police cells. This is a crisis, carrying with it profound effects for Aboriginal and Torres Strait Islander women, their children and their communities.

While the vast majority of Aboriginal and Torres Strait Islander women will never enter the justice system as offenders, the lives of those who do are marked by acute disadvantage. The overwhelming majority of Aboriginal and Torres Strait Islander women in prison are survivors of physical and sexual violence.

Many also struggle with housing insecurity, poverty, mental illness, disability and the effects of trauma. These factors intersect with, and compound the impact of, oppressive and discriminatory laws, policies and practices, both past and present.

Too often, the impact of the justice system is to punish and entrench disadvantage, rather than promoting healing, support and rehabilitation.

Criminal justice systems across Australia continue to be largely unresponsive to the unique experiences, circumstances and strengths 21 of Aboriginal and Torres Strait Islander women. Successive governments have forfeited opportunities to prioritise preventative and diversionary approaches that are tailored to address the drivers of offending.

Some 80 per cent of Aboriginal and Torres Strait Islander women in prisons are mothers. Many women in the justice system care not only for their own children, but also for the children of others and family who are sick and elderly. Prosecuting and imprisoning women is damaging for Aboriginal and Torres Strait Islander children, who are already over-represented in child protection and youth justice systems.

Despite growing evidence that prison harms and that once in prison, women are more likely to return, we see more and more women imprisoned, including growing numbers in prison awaiting trial or sentencing (‘on remand’). This is simply unacceptable. When women are taken into custody, even for short periods on remand, the impacts can be life altering, long-term and intergenerational; disconnection from family and community, children taken into child protection, housing and employment lost.

There are ways to respond to women’s offending that are more effective and cheaper and that address the causes of offending. All levels of government can and must do better.

The Change the Record Coalition represents an opportunity for governments to work with Aboriginal and Torres Strait Islander people to develop solutions. Change the Record is large coalition of Aboriginal and Torres Strait Islander, human rights and community organisations. Its Blueprint for Change outlines a series of recommendations and 12 overarching principles for reducing imprisonment rates and violence against Aboriginal and Torres Strait Islander women and children.

Critically, it emphasises the importance of investing in communities and Aboriginal and Torres Strait Islander community-driven prevention and early-intervention measures. Such approaches will tackle the causes of offending, whilst building safer, stronger and more resilient communities.

22 Reducing Aboriginal and Torres Strait Islander women’s over- imprisonment also requires key decision-makers, like police and courts, to reckon with the impacts of colonisation and institutionalised discrimination, including the differential impacts on Aboriginal and Torres Strait Islander women and men.

Indigenous Women With Cognitive Disability ‘The over-represented and overlooked report”  Those with complex needs (dual/comorbid diagnoses and multiple combinations) have significantly earlier police events, higher juvenile justice involvement, offences, convictions and imprisonments than the single and no-diagnosis groups  Almost all of the MHDCD group were clients of Legal Aid  Those with cognitive impairment in combination with any other disability had the highest rates of CJS involvement  Those with MHD&CD have experienced very poor school education and low disability service recognition and support;  Only one quarter of those with Intellectual Disability (ID) and virtually none of those with borderline functioning were clients of Aging Disability and Home Care (ADHC). Of those clients of ADHC, 79% became clients after going to prison. Those becoming clients of ADHC after going to prison then fared significantly better than previously, especially in regard to stable supported housing, than their peers who are not ADHC clients.

Women With Disability Women with disability often face discrimination when trying to gain access to services, including domestic and family violence refuges.

Sometimes, the ways in which domestic and family violence is experienced by women with disability are not well recognised by service providers, leading to the exclusion of these individuals.

Domestic and family violence services and refuges should be aware of and implement an intersectional understanding of domestic and family violence in their policies. This should acknowledge that for many women, gender is not the only dynamic which influences the experience of domestic and family violence.

23 Disability also affects the experience, as does class, age, geographical location, Aboriginal and Torres Strait identity, culturally and linguistically diverse (CALD) background, sexuality, or being intersex, trans or gender diverse.

Angela’s Story – brief description Loves Me, Loves Me Not' is a documentary depicting the story of Angela Barker, who as a teenager, fell victim to relationship violence. Angela's story raises awareness of the indicators of destructive relationships and is designed as a training resource to be used by professional counselors, health professionals and educators. The DVD is designed to stimulate discussion on violence within relationships."

"Warning. This DVD contains information about domestic violence that may be found to be upsetting or distressing by some viewers. If this is the case, it may be useful to contact the National 24-hour Helpline on 1800 200 526

4. Group Activities: Situational Study – Scenarios 1 and 2 can be found on Page 57

5. Identifying the gaps: Discrimination: Women with disability often face discrimination when trying to gain access to services, including domestic and family violence refuges. Sometimes, the ways in which domestic and family violence is experienced by women with disability are not well recognised by service providers, leading to the exclusion of these individuals. The Disability Discrimination Act 1992 (DDA) outlines that it is unlawful to discriminate against people on the basis of their disability, or perceived disability. It emphasises equality, ensuring that people with disability have equal access to information, physical premises and employment, among many other things. Indeed, according to the DDA, changes and alterations must be made to ensure that women with disability are not (intentionally or unintentionally) discriminated against.

24 For your service, this means that you have an obligation to develop inclusive policies, procedures and practices, review them regularly, and implement a myriad of changes to ensure that women with disability are not discriminated against.

Understanding: Domestic and family violence services and refuges should be aware of and implement an intersectional understanding of domestic and family violence in their policies. This should acknowledge that for many women, gender is not the only dynamic which influences the experience of domestic and family violence. Disability also affects the experience, as does class, age, geographical location, Aboriginal and Torres Strait identity, culturally and linguistically diverse (CALD) background, sexuality, or being intersex, trans or gender diverse. Intersectional approach: An intersectional approach to domestic and family violence service provision requires two things.  First, that existing services be made as accessible as possible.  Second that various accommodation, programs and supports targeted at women with disability be developed. Despite the significantly increased risk of domestic and family violence, there are few services tailored for women with disability. Barrier 1: Inaccessible Information And Communication Information provided by services is not always accessible, nor communicated effectively, to women with disability. For instance, information may not be available in alternative formats, may not be distributed in locations frequented by women with disability, and may not acknowledge the complex difficulties faced by women with disability who are experiencing domestic and family violence. As

A result of this dearth of information, women with disability may be totally unaware that domestic and family violence services and refuges even exist. In services, inaccessible information and inappropriate communication techniques can create problems such as women being unaware of rules, regulations and expectations.

Additionally, unclear or inadequate information may prevent women with disability from feeling safe or welcome in refuges and other domestic and family violence services.

25 Barrier 2: Physical Inaccessibility It can be particularly difficult for women with disability to find physically accessible crisis accommodation and services. Physical access is a huge barrier for women with a range of impairments, not just wheelchair users. Women with physical, visual, and hearing impairments and/or mental illness all face various barriers in environments that do not accommodate their presence.

Barrier 3: Organisational Attitudes And Experience The attitudes of service staff, managers and governance bodies can also be barriers to women with disability. Your governance body may not have a clear sense of their role in ensuring the accessibility of your organisation.

Attitudinal barriers about disability, based on stereotypes and myths, are quite pervasive and often deeply entrenched. Additionally, without support to explore how to provide services in a flexible and responsive manner, staff members may struggle to engage with women with disability. This lack of staff awareness, skills and training, often means that stereotypes and inexperience create significant barriers for women with disability. This can contribute to putting women with disability at risk if they do not feel the service is focussed on supporting their autonomy.

Barrier 4: Perceived Discrimination Women with disability may believe that domestic and family violence services and refuges are unsafe, unapproachable and inaccessible. Furthermore, they may fear that these services will discriminate against them on the basis of their disability, which in turn increases their likelihood of becoming homeless.

26 6 Boundaries: Brainstorm activity: Participants to develop strategies & identify boundaries. Gain an understanding of what resources to use for clients.

What is? Ombudsman report

Duty of care

Child protection

Risk assessment

Apprehended Violence Order

Mandatory reporting

27 7. True or False

Quiz

Q1: Disability is infectious?

True False

Q2: People with cognitive disability are entirely dependent on their family?

True False

Q3: People with a cognitive disability experience domestic and family violence in a variety of settings, relationships and contexts.

True False

Q4: People with a cognitive disability should not have children?

True False

Q5: People with a cognitive disability are not able to be financially independent?

True False

Q6: People can suffer brain injury resulting in cognitive disability impairment from road accidents?

True False

Q7: If one parent has a cognitive disability then the child will also have a disability?

True False

Q8: People who have cognitive disability are at a greater risk of contact with the criminal justice system?

True False

28 Q9: People with a cognitive disability can go undiagnosed?

True False

Q10: Young People with a cognitive disability are at greater risk of entering custody?

True False

Q11: Domestic violence only happens to people from poor families?

True False

Q12: Violence affects few women in Australia?

True False

Q13: Some people deserve to be abused? They provoke it.

True False

Q14: Most people who commit violent offences are intoxicated at the time of the offence?

True False

Q15: One in three women will be affected by violence by the age of 15 years?

True False

Q16. Women who have a cognitive disability are at greater risk of becoming victims of violence?

True False

Q17. Proportionally, the rate of hospitalisation as a result of domestic, family violence is greater for Indigenous women?

True False

29 Q18. Men are more likely to be victims of domestic violence than women?

True False

19. Domestic, Family violence only involves physical violence?

True False

20. Domestic, Family violence does not discriminate?

True False

30 8. Good/Best Practice:

Best Practice: “Best practice means going above and beyond what is required under the Disability Discrimination Act 1992, which is a basic minimum, and negotiating this together with disabled women.’

There are a number of key themes to consider when identifying an approach to the delivery of services that reflect good/best practice including:

 Key principles  Communication  Promoting equality and inclusivity  Ensuring accountability and responsiveness  Working in partnership  Building and using the evidence base  Promoting empowerment through participation  Keeping up to date with government policies for DDA

Current policy:

The Disability Act 2006 (‘the Act’) commenced on 1 July 2007.

To enable people with a disability to pursue a lifestyle of choice, the Act provides a system of planning that is flexible and tailored to the individual wishes and needs of the person.

Legislative and Policy Frameworks In Australia; there is no specific legal, administrative or policy framework for the protection, investigation and prosecution of violence against people with disabilities.

Domestic and family violence legislation differs across States and Territories providing different levels of protection and definitions of what constitutes ‘family violence’ and what constitutes a ‘domestic relationship’. People with disabilities who live in residential and institutional settings are essentially excluded from these protections, due to the limiting and restrictive definitions.

31 The primary response to addressing violence against women in Australia, including women with disabilities, is through the National Plan to Reduce Violence against Women and their Children 2010-2022 (the National Plan).

Whilst the Second Action Plan [‘Moving Ahead 2013-2016’] does include a priority action to address violence against women with disabilities, the National Plan has significant limitations in that there is little emphasis on girls with disabilities. It focuses only on traditional notions of domestic/family violence and sexual assault (in the context of intimate partner relationships only), and fails to address the many other forms of violence perpetrated against women and girls with disabilities, such as violence in institutions and residential settings. These forms of violence fall ‘outside’ the scope of the National Plan.i

Australia’s ten-year National Disability Strategy 2010-2020 (NDS) is the national policy framework to guide Australian governments to meet their obligations under the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Although the NDS recognises that people with disabilities are ‘more vulnerable to violence, exploitation and neglect’, the NDS does not provide gendered strategies for addressing violence against people with disability in institutions and residential settings.ii

United Nations recommendations to Australia The United Nations treaty monitoring bodies have made strong recommendations to Australia in relation to addressing all forms of violence against people with disabilities, in particular women and girls with disabilities.

In October 2013, the Committee on the Rights of Persons with Disabilities, in its Concluding Observations [Australia] [CRPD/C/AUS/CO/1], expressed its “deep concern” at the high rates of violence perpetrated against women and girls with disabilities and recommended urgent action by Australian Governments to address the violence, including for example, the need to: “address and Investigate, without delay, violence, exploitation and abuse experienced by women and girls with disabilities in institutional settings; and “ensure access for women with disability to an effective, integrated response system”.

32 9. Peer Collaboration: Develop Support Plan;

What is a support plan? A support plan is required where a person with a disability is accessing an ongoing disability service, for example, a day program or a residential service.

A support plan is developed between a person with a disability and the disability service providing them with support.

A support plan must describe:  The person’s goals and strategies  How the disability service provider will support those goals.

A support plan should ideally also include goals and strategies related to:  Other disability supports  Other community services  Informal supports.

Evaluating the status of each support objective. One of the approaches to evaluating the status of each support objective could be to apply a 3‐point scale such as  Fully implemented (1),  Partially implemented (2),  Or not implemented (3).

When must a support plan be developed?

The Disability Act 2006 (‘the Act’) commenced on 1 July 2007. States that a support plan must be developed within 60 days of a person starting to use ongoing disability services from a disability service provider.

Individual Support/work plan (ISP) example: 33 Outcomes Goals Assessed Support Support Who is Progress, Support Strategies Objectives responsible Reviews, Needs time -lines

Guidelines: The guiding principles for planning - The Act states that planning should:  Be directed by a person with a disability  Be individualised  Respect families and other people who are important to the person with a disability  Consider the informal support available to the person with a disability and consider other support services generally available to any person in the community  Maximise the choice and independence of the person with a disability  Facilitate tailored and flexible responses to the individual goals and needs of the person with a disability.

Many Aboriginal people mistrust people who offer services to them for many reasons including historical practices and policies, negative experiences, broken promises, unmet expectations, racism and tokenism. Getting to know an Aboriginal person may require patience and time to build trust and understanding.

10. Perpetrators:  Why engage perpetrators?

34 In recent years there has been growing recognition of the need to engage both victims and perpetrators of family violence, to both prevent future violence and to encourage engaging and assisting perpetrators or non-perpetrators who are at risk of carrying out domestic violence (Campbell et al., 2010, p.414). The thinking is that a proactive approach is needed, one which goes to the source of the problem – the perpetrators of abuse.

The reasons for engaging perpetrators can be summarised as follows:

 Perpetrator programs are seen as a key intervention, and sustained, long-term engagement with perpetrators is now seen as a key gap in effective service delivery

 Educating perpetrators about the consequences of their actions, challenging them to accept responsibility, and assisting them to seek help in changing their behaviour, are seen as vitally important strategies to avert further offending

 All opportunities for engaging with perpetrators must be pursued in the hope that high rates of re-offending may potentially be reduced

 Recidivism can be influenced not only by policing, sentencing practices and parole monitoring, but also by the quality of interactions and integration between offenders and the community

 Many perpetrators of family violence deny, rationalise or minimise responsibility for their violence

35 What’s out there for them?

This list consists of services from across NSW who have met the Minimum Standards for Men’s Domestic Violence Behavior Change Programs in NSW.

Perpetrator programs: Accredited Programs in NSW:

Baptist Care Bankstown 1300 130 225 or 02 8713 4333 Media enquiries 0403 879 913 https://baptistcare.org.au/our-services/community- services/domestic-and-family-violence/

Baptist Care Campbelltown 1300 130 225 or 02 4624 8700 Media enquiries 0403 879 913 https://baptistcare.org.au/our-services/community- services/domestic-and-family-violence/

Baptist Care Tuggerah 1300 130 225 or 02 4352 7900 Media enquiries 0403 879 913 https://baptistcare.org.au/our-services/community- services/domestic-and-family-violence/

Catholic Care Sydney Fairfield 02 8723 2222

Port Macquarie Hastings Domestic & Family Violence Specialist Service Port Macquarie 02 6583 2155 http://www.pmhastingsdfv.com.au

36 Kempsey Family Support Service Kempsey 02 6563 1588 http://kempseyfamilysupport.org.au

Kempsey Family Support Service Coffs Harbour 02 6568 7657 0437 737 818 http://stepupmate.com.au

Men and Family Centre Lismore 02 6622 6116 http://www.menandfamily.org.au/mend-men-exploring-new- directions/

Men and Family Centre Tweed Heads 07 5536 8868 http://www.menandfamily.org.au/mend-men-exploring-new- directions/

Relationships Australia Broadmeadow / Maitland 02 4940 1500 or 1300 364 277 http://www.relationshipsnsw.org.au/support-services/taking- responsibility-a-course-for-men/

Relationships Australia Macquarie Park 02 9418 8800 or 1300 364 277 http://www.relationshipsnsw.org.au/support-services/taking- responsibility-a-course-for-men/

Relationships Australia Sydney CBD 02 8362 2888 or 1300 364 277 http://www.relationshipsnsw.org.au/support-services/taking- responsibility-a-course-for-men/ 37

Relationships Australia Wollongong 02 4221 2000 or 1300 364 277 http://www.relationshipsnsw.org.au/support-services/taking- responsibility-a-course-for-men/

Relationships Australia Westmead 9806 3299 or 1300 364 277 http://www.relationshipsnsw.org.au/support-services/taking- responsibility-a-course-for-men/

Relationships Australia Penrith 02 4728 4800 or 1300 364 277 http://www.relationshipsnsw.org.au/support-services/taking- responsibility-a-course-for-men/

Relationships Australia Canberra & Regions Wagga Wagga 02 6923 9100 http://www.racr.relationships.org.au

Corrective Services & Anglicare Parramatta 02 9895 8144 http://www.anglicancommunityservices.org.au

Corrective Services & Mission Australia Dubbo 0437 962 615

Unable to find a local, accredited Men’s Behaviour Change Program?

The Men's Referral Service 1300 766 491 may be able to assist you. http://www.ntvmrs.org.au The Men's Referral Service takes calls from men dealing with family and domestic violence matters.

38 Are men affected by domestic, family violence? People who have experienced domestic violence since age of 15 by relationship to perpetrator;

Males-Females

Partner Males - 448,000 - Females -1,479,900

Boyfriend/girlfriend or date Male’s 313,700- Females 990,700

Father or mother Males 178,300 – Females 306,100

Son or daughter Males*16,700 – Females 46,400

Brother or sister Males 75,600 – Females 162,600

Other relative or in-law Males 99,700 – Females 211,200

39 Graph taken from the NSW Bureau of Crime Statistics and Research

DVD ‘Change your ways’ – is a story about three Australian men from different walks of life, sharing their stories of how domestic violence has impacted their lives.

40 11. Impact on workers:

Vicarious Trauma Happens when we accumulate and carry the stories of trauma— including images, sounds, resonant details—we have heard, which then come to inform our worldview.

It is important not to confuse vicarious trauma with “burnout”.

What is vicarious trauma? As outlined by The Australian Institute of Family Studies:

Vicarious trauma is described as a transformation in a therapist (or other worker) as a result of working with clients' traumatic experiences. The full definition, developed by Pearlman and Saakvitne (1995), is as follows:

‘The inner transformation that occurs in the inner experience of the therapist [or other professional] that comes about as a result of empathic engagement with clients' trauma material.'

It is related to concepts such as 'emotional exhaustion', 'burnout', 'compassion fatigue', 'secondary traumatisation' and 'counter- transference', but some key differences exist between some of these concepts (see Dunkley and Whelan, 2006). It can also be expressed as 'feeling heavy', or when the work (or an aspect of the work) 'gets inside you'.

A very short history of the concept Effects of trauma exposure on professionals were first observed formally in the late 1970s in emergency and rescue workers who displayed symptoms similar to the trauma victims they were helping. This prompted investigation of other people working with victims in various capacities, such as disaster relief workers, nurses, and crisis and hotline workers (Mouldern & Firestone, 2007).

In 1995, Stamm stated that the issue was not whether such a phenomenon existed, but what it should be called. 'Vicarious trauma' was coined by McCann and Pearlman in 1990, and is the term perhaps most widely referred to in much of the literature on this

41 topic, with some even arguing it is the most appropriate term (Dunkley & Whelan, 2006).

What does vicarious trauma involve? Vicarious trauma is a cumulative effect of working with trauma, which can affect many aspects of a person's life. It may consist of short-term reactions, or longer-term effects that continue long after the work has finished. Some have even argued its effects are potentially permanent (Mouldern & Firestone, 2007, p. 68).

As mentioned above, some effects of vicarious traumatisation parallel those experienced by the primary victim/survivor. For example, vicarious traumatisation can lead to a person experiencing the symptoms of post-traumatic stress disorder (PTSD).

While the symptoms of trauma need to be recognised as culturally diverse and specific (Wasco, 2003), trauma reactions are generally divided into three categories: Intrusive reactions: dreams/nightmares, flashbacks, obsessive thoughts, physiological reactions and other persistent re- experiencing of the traumatic event; Avoidant reactions: general numbing in responsiveness and avoidance (particularly of things related to the traumatic material); and Hyper-arousal reactions: hyper-vigilance and difficulty concentrating.

Workers may also experience the following: • Anxiety; • Depression; • De-personalisation; • Feeling overwhelmed by emotions such as anger and fear, grief, despair, shame, guilt; • Increased irritability; • Feeling of reduced personal accomplishment; • Procrastination; • Low self-esteem; • Having no time or energy for self or others; • Increased feelings of cynicism, sadness or seriousness;

42 • An increased sensitivity to violence and other forms of abuse, for example when watching television or a film;

• Avoiding situations perceived as potentially dangerous; • Feeling profoundly distrustful of other people and the world in general; • Disruptions in interpersonal relationships; • Sleeping problems; and • Substance abuse.

Connected to these experiences, vicarious traumatisation may also involve a change in a person's beliefs about themselves, the world, and other people within it. This is known in the psychological field as changes in their 'cognitive schema', and may involve: • Feeling that the world is no longer a 'safe place' (for themselves and/or others); • Feeling helpless in regard to taking care of themselves or others; • Feeling their personal freedom is limited; and • Feelings of alienation

However, it also needs to be recognised that for many people, particularly those who have already experienced or been exposed to trauma, these beliefs may already be apparent. Also, while some psychological literature classifies the above beliefs as 'disrupted' or 'distorted', others argue that they are in fact accurate reflections of the lived reality of many (Wasco, 2003).

Overall, it is useful to state that vicarious trauma is just one way of conceptualising people's reactions to working in the field of sexual assault. It can be a useful way of conceptualising these reactions, because it can give legitimacy to what people are experiencing (it is a known psychological concept), it recognises that many other people experience it (it's not just you), and it taps into a field of useful psychological research and enquiry.

However, it is important not to 'pathologies' these reactions (view them as medically or psychologically abnormal) through using the concept of vicarious trauma. In fact, all research on this subject points out that these reactions are normal human reactions to repeated exposure to distressing events.

43 PTSD: Posttraumatic Stress Disorder (PTSD) is a very common mental health disorder, affecting 8.7% of people during their lifetime. The core PTSD symptoms are: • Numbing - emotional numbing • Avoidance - avoiding reminders of the trauma • Hyper-arousal - (irritability, being jumpy, or constantly "on alert" – (also known as hyper-vigilant) • Reliving the event - re-experiencing the trauma psychologically (flashbacks and nightmares)

PTSD is not caused by normal, everyday stress. PTSD can occur at any age, it can occur during childhood, adolescence, adulthood and old age.

PTSD causes different people to react in very different ways, and it can be very disabling. Being female doubles the risk of a person developing PTSD the reasons for this are not yet understood.

The type of trauma experienced strongly affects the risk of developing PTSD; many studies show that rape causes the highest rates of PTSD, with over 50% of rape survivors affected.

Combat/military service is a less common cause of PTSD than many people expect, as the graph shows (based on research from Australian adults with PTSD in 2011).

Rates of PTSD vary according to the type and duration of military service, along with many other factors affecting all trauma survivors, including the number of previous types of trauma experienced (both civilian and military), physical injuries sustained, whether there was social support after the trauma.

44 (Based on research from Australian adults with PTSD in 2011).

Read more: http://traumadissociation.com/ptsd.html

Signs and Symptoms Not every traumatized person develops ongoing (chronic) or even short-term (acute) PTSD. Not everyone with PTSD has been through a dangerous event. Some experiences, like the sudden, unexpected death of a loved one, can also cause PTSD.

Symptoms usually begin early, within 3 months of the traumatic incident, but sometimes they begin years afterward. Symptoms must last more than a month and be severe enough to interfere with relationships or work to be considered PTSD.

45 The course of the illness varies. Some people recover within 6 months, while others have symptoms that last much longer. In some people, the condition becomes chronic.

A doctor who has experience helping people with mental illnesses, such as a psychiatrist or psychologist, can diagnose PTSD.

To be diagnosed with PTSD, an adult must have all of the following for at least 1 month:  At least one re-experiencing symptom  At least one avoidance symptom  At least two arousal and reactivity symptoms  At least two cognition and mood symptoms

Re-experiencing symptoms include: • Flashbacks—reliving the trauma over and over, including physical symptoms like a racing heart or sweating • Bad dreams • Frightening thoughts

Re-experiencing symptoms may cause problems in a person’s everyday routine. The symptoms can start from the person’s own thoughts and feelings. Words, objects, or situations that are reminders of the event can also trigger re-experiencing symptoms.

Avoidance symptoms include: • Staying away from places, events, or objects that are reminders of the traumatic experience • Avoiding thoughts or feelings related to the traumatic event.

Things that remind a person of the traumatic event can trigger avoidance symptoms. These symptoms may cause a person to change his or her personal routine. For example, after a bad car accident, a person who usually drives may avoid driving or riding in a car.

Arousal and reactivity symptoms include:  Being easily startled  Feeling tense or “on edge”  Having difficulty sleeping  Having angry outbursts

46 Arousal symptoms are usually constant, instead of being triggered by things that remind one of the traumatic events. These symptoms can make the person feel stressed and angry. They may make it hard to do daily tasks, such as sleeping, eating, or concentrating.

Cognition and mood symptoms include:  Trouble remembering key features of the traumatic event  Negative thoughts about oneself or the world  Distorted feelings like guilt or blame  Loss of interest in enjoyable activities

Cognition and mood symptoms can begin or worsen after the traumatic event, but are not due to injury or substance use. These symptoms can make the person feel alienated or detached from friends or family members.

It is natural to have some of these symptoms after a dangerous event. Sometimes people have very serious symptoms that go away after a few weeks. This is called acute stress disorder, or ASD.

When the symptoms last more than a month, seriously affect one’s ability to function, and are not due to substance use, medical illness, or anything except the event itself, they might be PTSD.

Some people with PTSD don’t show any symptoms for weeks or months. PTSD is often accompanied by depression, substance abuse, or one or more of the other anxiety disorders.

Do children react differently than adults? Children and teens can have extreme reactions to trauma, but their symptoms may not be the same as adults. In very young children (less than 6 years of age), these symptoms can include:  Wetting the bed after having learned to use the toilet  Forgetting how to or being unable to talk  Acting out the scary event during playtime  Being unusually clingy with a parent or other adult

Older children and teens are more likely to show symptoms similar to those seen in adults. They may also develop disruptive, disrespectful, or destructive behaviors. 47 Older children and teens may feel guilty for not preventing injury or deaths. They may also have thoughts of revenge.

Risk Factors Anyone can develop PTSD at any age. This includes war veterans, children, and people who have been through a physical or sexual assault, abuse, accident, disaster, or many other serious events. According to the National Center for PTSD , about 7 or 8 out of every 100 people will experience PTSD at some point in their lives. Women are more likely to develop PTSD than men, and genes may make some people more likely to develop PTSD than others.

Not everyone with PTSD has been through a dangerous event. Some people develop PTSD after a friend or family member experiences danger or harm. The sudden, unexpected death of a loved one can also lead to PTSD.

Self care: Self-care is a personal matter. Everyone’s approach will be different. It relates to what you do at work and outside of work to look after your holistic wellbeing so that you can meet your personal and professional commitments.

The different aspects to self-care and example strategies that you may find useful:  Workplace or Professional  Physical  Psychological  Emotional  Spiritual  Relationships

NOTE: The activities and suggestions below are a guide only and it is important to choose activities that are meaningful to yourself and your own goals.

Engage self care activities on offer in the workplace: This involves activities that help self-advocacy For example:

 Yoga, mindfulness or working groups • Seek appropriate supervision

48 • Access resources that support you

 Professional journals, self-journaling to see progress and how you respond to challenges and milestones and celebrations along the way. • Be strict with boundaries between clients/students and staff • Seek out professional development that deepens your professional growth • Engage in regular supervision or consulting with a more experienced colleague • Create and or attend a peer-support group • Be strict with boundaries between clients/students and staff • Read professional journals • Create and or attend professional development programs

Physical Self-Care Activities that help you to stay fit and healthy, and with enough energy to get through your work and personal commitments.  Develop a regular sleep routine • Aim for a healthy diet • Take lunch breaks • Go for a walk at lunch-time • Take your dog for a walk after work • Use your sick leave • Get some exercise before/after work regularly

Psychological Self-Care Activities that help you to feel clear-headed and able to intellectually and emotionally engage with the professional challenges that are found in your work and personal life.  Keep a reflective journal  Seek and engage in external supervision or regularly consult with a more experienced colleague  Engage with a non-work hobby  Turn off your email and work phone outside of work hours  Make time for relaxation  Make time to engage with positive friends and family

Emotional Self-Care Allowing yourself to safely experience your full range of emotions. 49  Develop friendships that are supportive  Write three good things that you did each day

 Play a sport or share time after training  Go to the movies or do something else you enjoy  Keep meeting with your parents group or other social group  Talk to you friend about how you are coping with work and life demands

Spiritual Self-Care This involves having a sense of perspective beyond the day-to-day of life.  Engage in reflective practices like meditation

 Go on bush walks  Go to church/mosque/temple  Do yoga  Reflect with a close friend for support • Relationship Self-Care Is about maintaining healthy, supportive relationships, and ensuring you have diversity in your relationships so that you are not only connected to work people.  Prioritise close relationships in your life e.g. with partners, family and children  Attend the special events of your family and friends  Arrive to work and leave on time every day

Supervision – The roles & Benefits ‘Supervision is a process, by which a trained professional provides regular support, instruction and feedback to peer supporters.

Supervision is NOT ‘line management’ if a workplace provides the only option or main option of supervision with a ‘line manager’ then this is likely to be compromised supervision.

This process is designed to ensure the emotional wellbeing of both the peer supporters and the clients accessing the program.’

50 Possible roles of peer supervision can include:  Ensuring peer supporters comply with ethical, professional and legal standards;  Support the mental health, professional development and performance of peer supports;  Listening and creating a space for the person to work through their own issues  Evaluating the performance of supports and elements of the program; and  Screening, selection and placement of supporters.

The benefits: • Enhanced accountability, • Increased feeling of support, • Development of professional skills and • Improved efficiency. • Supervision is also associated with decreased feelings of isolation and role ambiguity. • The increased morale generated by supervision ultimately results in lower levels of volunteer burnouts.

What are the benefits of effective supervision for the individual?

Supervision is an opportunity to:  Reflect on practices.  Improve overall health and wellbeing of workers  Deliver better outcomes through exploring and discussing new ideas.  Enhance problem-solving skills.  Improve clarity and objectivity in decision-making. Supervision empowers, motivates and increases work satisfaction.

Unfortunately there have been many incidents where supervision has not been beneficial, such causes can be: • Bad experience - supervision with manager • Lack of culturally appropriate supervision • No supervision

51 Activity for ‘Self Care’

The activity below is a simple exercise, designed to help highlight the areas in your life that may need some attention. Complete the activity by following the instructions below.

Instructions: Place a cross on each number out of 7 for how satisfied you are with each aspect of your life. (1 being not satisfied at all – 7 being completely satisfied). Join the crosses you marked with a curved or straight line. This represents the wheel of your life.

NOTE: bear in mind this activity is purely a reflection of how you are feeing about your life right now. Your feelings can change day by day, week by week and as such it is important to be aware that this life balance wheel simply captures your perception at this moment in time.

52 12. Support services NSW

Programs and services that assist people with disability in the criminal justice system.

Life on Tracks, NSW Local Courts (NSW) Is a case management service that will tailor personalized plans for people with disability appearing in court and link them to appropriate supports and services in the community. http://www.lifeontrack.lawlink.nsw.gov.au/lifeontrack/index.html

The Sydney Women’s Domestic Violence Court assists women & children to obtain protection of domestic violence court orders, makes referrals to appropriate services, including legal services, works with domestic violence duty solicitor at court and assists female defendants in certain circumstances (e.g., vulnerable clients, or client identifying as primary victim). http://rlc.org.au/our- services/domestic-violence

Youth on Track, NSW Department of Attorney General and Justice (NSW) an early intervention program with an holistic approach identifies and responds for young people at risk of criminal

Offence or who may already be in the criminal justice system. http://www.youthontrack.justice.nsw.gov.au

The Community Integration team NSW Justice Health (NSW) provides pre and post-release care to recently released juveniles, many of whom are Aboriginal and Torres Strait Islander juveniles with serious psychiatric disabilities. http://www.justicehealth.nsw.gov.au/about-us/health-care- locations/community

Community Justice Program, NSW Department of Ageing, Disability and Home Care (NSW) this program has a focus on the provision of accommodation, case management and behavior support for young people and adults with an intellectual disability exiting correctional Centre’s. This includes support for people on remand or bail conditions. https://www.portal.facs.nsw.gov.au/Guidelines/SourceDocuments/c

53 jp_tailored_support_packages.pdf

The Australian Centre for Disability Law NSW advises and represents clients on matters concerning disability discrimination and broader human rights matters. http://disabilitylaw.org.au

Criminal Justice Support Network, Intellectual Disability Rights Service (NSW) operates the Criminal Justice Support Network, which provides trained volunteers to people with intellectual disability when they come into contact with the criminal justice system, particularly at the police station and at court. http://www.idrs.org.au/home/index.php

Disability Advocacy NSW, ADVOCACY Law Alliance Inc. (NSW) provides advocacy for people with a disability in Hunter, Mid North Coast & New England regions of New South Wales. http://da.org.au

Work and Development Order, Office of State Revenue (NSW) People with a psychiatric or intellectual disability that are homeless can pay their fines through unpaid work with an approved organization as an alternative to jail. http://www.sdro.nsw.gov.au/fines/eo/wdo.php

People with Disability Australia Incorporated People with Disability Australia Incorporated (PWDA) is a national disability rights and advocacy organisation. http://www.pwd.org.au

13. Reflection

Reflection Questions:

1.What was the most challenging/ useful part of the course – a word, a sentence, and image?

2. Identify what you will take back to your practice/workplace?

3. What do you feel you would like to learn more about (future learning goals?)?

54 Please write your reflections here:

Please complete the Evaluation questionnaire.

14. Thank you – Session Closed

55 Situational Studies

Scenario 1. Zelma is a single 22-year-old woman with a cognitive disability who was forced to move into a group home with two men with autism when her family was no longer able to support her.

You have been assigned as Zelma’s caseworker. Zelma comes to you upset explaining she fears for her safety, as she had no way of defending herself when she was hit by one of the men.

What can you do for Zelma?

Scenario 2. You have been working with Joe aged 25 for six months. You have developed a support plan that has led Joe to gain employment. Joe has been diagnosed with cognitive disability due to ‘Fetal Alcohol Syndrome’. Joe has been able to lead a relatively independent life.

During one of your support sessions, Joe tells you that his employer is now using’ psychometric testing’s to ‘screen out’ candidates with cognitive disabilities, which Joe states is irrelevant to his ability to perform his job.

Joe is worried that he may lose his job and is concerned that they are only using the tests in a generic form rather than job specific manner.

What can Joe do?

What advise can you give him?

56 Useful Resources:

Reading 1: A Systematic Reviewof the Effectiveness of Interventions to Prevent and Respond to Violence Against Persons With Disabilities

Reading 2: Belonging: women living with intellectual disabilities and experiences of domestic violence

Reading3: Domestic Violence and Individuals with Disabilities: Reflections on Research and Practice

Reading4: Dynamic risk and violence in individuals with an intellectual disability: tool development and initial validation

Reading 5: The Structured Assessment of Violence Risk in Adults with Intellectual Disability: A Systematic Review

Reading 6: Staffs’ knowledge and perceptions of working with women with intellectual disabilities and mental health problemsjir_1211 90.100

Women With Disabilities Australia www.wwda.org.au

People with Disability Australia www.pwd.org.au/systemic/abuse.html

57 15. Bibliography:

 A predictable and preventable path: Aboriginal people with mental and cognitive disabilities in the criminal justice system

 Over-represented and overlooked: The crisis of Aboriginal and Torres Strait Islander women’s growing over-imprisonment - 2017

 https://www.ourwatch.org.au/Understanding-Violence/Facts- and-figures

 http://www.news.com.au/lifestyle/real-life/news-life/there- is-nowhere-for-us-to-go-domestic-violence-happens-to-men- too/news-story/d736e990f7528ade77ef3ba69e99f53e

 http://www.alrc.gov.au/publications/family-violence-and- commonwealth-laws—social-security-law/definition-family- violence

 http://theconversation.com/factcheck-qanda-are-indigenous- women-34-80-times-more-likely-than-average-to-experience- violence-61809

 http://www.thelookout.org.au

 http://www.stvp.org.au/Resource-Compendium.html

 http://www.dhs.vic.gov.au/__data/assets/pdf_file/0010/6102 01/disact_infosheet_4_planning_0211.pdf

 https://www.ptsd.va.gov/professional/PTSD- overview/complex-ptsd.asp

58  http://mypeer.org.au/design-implementation/human- resources/supervision-and-support/supervision/

 https://homeandfamily.org.nz/wp- content/uploads/2014/07/SUPERVISION_DLE-brochure- 2015-final.pdf

 http://au.professionals.reachout.com/developing-a-self-care- plan

 https://aifs.gov.au/publications/feeling-heavy/what- vicarious-trauma

 http://www.abc.net.au/news/factcheck/2016-04-06/fact-file- domestic-violence-statistics/7147938

 http://www.oneinthree.com.au/overview/

 http://anrows.org.au/sites/default/files/Fast-Facts--- Indigenous-family-violence.pdf

 http://www.bocsar.nsw.gov.au/Documents/BB/Report-2015- Intimate-partner-homicides-in-NSW-2005-to-2014-BB111.pdf

 http://www.bocsar.nsw.gov.au/Pages/bocsar_topics/bocsar_p ub_dtoh.aspx

 https://www.disabled- world.com/disability/types/psychological/ptsd.php

 https://www.nimh.nih.gov/health/topics/post-traumatic- stress-disorder-ptsd/index.shtml

59 i ii

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