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Understanding the Role of Law and Culture in Aboriginal and Torres Strait Islander Communities in Responding to and Preventing Family Violence

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Understanding the Role of Law and Culture in Aboriginal and Torres Strait Islander Communities in Responding to and Preventing Family Violence Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities in responding to and preventing family violence HARRY BLAGG TAMARA TULICH VICTORIA HOVANE DONELLA RAYE TEEJAY WORRIGAL SUZIE MAY RESEARCH REPORT ISSUE 19 | JUNE 2020 ANROWS acknowledgement This material was produced with funding from the Australian Government Department of Social Services. Australia’s National Research Organisation for Women’s Safety (ANROWS) gratefully acknowledges the financial and other support it has received from the government, without which this work would not have been possible. The findings and views reported in this paper are those of the authors and cannot be attributed to the Australian Government Department of Social Services. Acknowledgement of Country ANROWS acknowledges the Traditional Owners of the land across Australia on which we work and live. We pay our respects to Aboriginal and Torres Strait Islander Elders past, present, and future, and we value Aboriginal and Torres Strait Islander histories, cultures, and knowledge. We are committed to standing and working with Aboriginal and Torres Strait Islander peoples, honouring the truths set out in the Warawarni-gu Guma Statement. © ANROWS 2020 Published by Australia’s National Research Organisation for Women’s Safety Limited (ANROWS) PO Box Q389, Queen Victoria Building, NSW 1230 | www.anrows.org.au | Phone +61 2 8374 4000 ABN 67 162 349 171 Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities in responding to and preventing family violence. (Research report) / Blagg et al. Sydney : ANROWS, 2020 Pages ; 30 cm. (Research report, Issue 19/2020) I. Family violence – Australia – Prevention. II. Indigenous Peoples – Communities. III. Culture and law. I. Blagg, Harry. II. Tulich, Tamara. III. Hovane, Victoria (Ngarluma, Jaru, and Gooniyandi). IV. Raye, Donella (Jabbir Jabbir and Bardi). V. Worrigal, Teejay (Gooniyandi and Gija). VI. May, Suzie. ISBN:978-1-925925-51-7 (print) | 978-1-925925-52-4 (online) Creative Commons Licence Attribution-Non Commercial CC BY-NC This licence lets others distribute, remix and build upon the work, but only if it is for non-commercial purposes and they credit the original creator/s (and any other nominated parties). They do not have to license their Derivative Works on the same terms. Version 3.0 (CC Australia ported licence): View CC BY-NC Australia Licence Deed | View CC BY-NC 3.0 Australia Legal Code Version 4.0 (international licence): View CC BY-NC 4.0 Licence Deed | View CC BY-NC 4.0 Legal Code Please note that there is the potential for minor revisions of this report. Please check the online version at www.anrows.org.au for any amendment. ii Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities in responding to and preventing family violence PROFESSOR HARRY BLAGG Law School, The University of Western Australia DR TAMARA TULICH Law School, The University of Western Australia PROFESSOR VICTORIA HOVANE (NGARLUMA, JARU AND GOONIYANDI) Adjunct, Law School, The University of Western Australia DONELLA RAYE (JABIRR JABIRR AND BARDI) Aboriginal Researcher TEEJAY WORRIGAL (GOONIYANDI AND GIJA) Aboriginal researcher MRS SUZIE MAY Law School, University of Western Australia This report addresses work covered in the ANROWS research project AT.19.02 "Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities in responding to and preventing family violence". Please consult the ANROWS website for more information on this project. ANROWS research contributes to the six National Outcomes of the National Plan to Reduce Violence against Women and their Children 2010–2022. This research addresses National Plan Outcome 3—Indigenous communities are strengthened. Suggested citation: Blagg, H., Tulich, T., Hovane, V., Raye, D., Worrigal, T., & May, S. (2020). Understanding the role of Law and Culture in Aboriginal and/or Torres Strait Islander communities in responding to and preventing family violence, Ngarluma/Jaru/Gooniyandi (Hovane), Kimberley and Pilbara region, WA, Jabirr Jabirr/Bardi (Raye), Dampier Peninsula and Kimberley region, WA, Gooniyandi/Gija (Worrigal), Kimberley region, WA (Research report, 19/2020). Sydney: ANROWS. iii The University of Western Australia 35 Stirling Highway, Crawley, Western Australia Author acknowledgement We wish to acknowledge the generous support of our Aboriginal and Torres Strait Islander partner organisations: Tiwi Island Elders Groups, Catholic Care; Junkuri Laka Wellesley Islands Aboriginal Law, Justice and Governance Association, Mornington Island; Kimberley Aboriginal Law and Cultural Centre (KALACC), Fitzroy Crossing; Kanyirninpa Jukurrpa (KJ) Martu, Newman; Darwin Aboriginal and Islander Women’s Shelter and Darwin Indigenous Men’s Service; and Gawooleng Yawoodeng Aboriginal Corporation, Kununurra. Particular thanks go to our contacts in each partner organisation: Jean Ah Chee, Geoff Byrne, Robyn Wilson, Petina Pitt-Lancaster, Peter Johnson, Regina Bennett and Michael Torres. We are indebted to our Aboriginal reference group for their invaluable support, guidance and advice throughout the project. We are deeply grateful to Daryl Kickett for his steadfast support and guidance, and to Thalia Anthony for generously stepping in to undertake the Mornington Island fieldwork when a team member was unable. We thank Dawn Bessarab and the anonymous reviewers for their insightful feedback. We are grateful to the ANROWS team for their ongoing support for this project. Our greatest thanks go to the Aboriginal people who participated in the research and shared their knowledge and experiences with our researchers. Acknowledgement of lived experiences of violence ANROWS acknowledges the lives and experiences of the women and children affected by domestic, family and sexual violence who are represented in this report. We recognise the individual stories of courage, hope and resilience that form the basis of ANROWS research. Caution: Some people may find parts of this content confronting or distressing. Recommended support services include 1800 RESPECT—1800 737 732 and Lifeline—13 11 14. iv RESEARCH REPORT | JUNE 2020 Contents List of diagrams 3 Acronyms 4 Definitions and concepts 5 Executive summary 8 Background 8 Methodology 9 Key findings 9 Recommendations for practitioners and policymakers 10 Introduction 12 State of knowledge review 15 Introduction 15 Search methodology and terminology 15 Responding to family violence in Aboriginal and Torres Strait Islander communities 20 Conclusion 30 Methodology 31 Research aims and rationale 31 Decolonising methodology 31 Qualitative and appreciative approaches 32 A “yarning” style 33 The strength of Law and Culture 34 Deficiencies and weaknesses of Western research methodologies 35 Aboriginal governance and the research team 36 A participatory and strengths-based approach 37 Conclusion 40 Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities 1 in responding to and preventing family violence RESEARCH REPORT | JUNE 2020 Key findings 41 Law and Culture 41 Discussion 62 Conclusion 64 References 66 APPENDIX A: Summary of significant cases 78 APPENDIX B: Participant information sheet and consent forms 93 Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities 2 in responding to and preventing family violence RESEARCH REPORT | JUNE 2020 List of diagrams Diagram 1 Non-Indigenous conflict (dispute) resolution process 55 Diagram 2 Aboriginal and Torres Strait Islander conflict (dispute) resolution process 56 Diagram 3 Criminal justice system (non-Aboriginal and Torres Strait Islander) 57 Diagram 4 Aboriginal and Torres Strait Islander process for dealing with offending behaviour or wrongdoing (based on traditional ways or “old ways” of doing things) 58 Diagram 5 Hybrid system/mechanism to deal with offending behaviour/wrongdoings, using both Aboriginal and Torres Strait Islander and non-Aboriginal and Torres Strait Islander processes 60 Diagram 6 Tiwi Island—Support system/s for individual or wrongdoer 61 Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities 3 in responding to and preventing family violence RESEARCH REPORT | JUNE 2020 Acronyms ABS Australian Bureau of Statistics AIATSIS Australian Institute of Aboriginal and Torres Strait Islander Studies AIHW Australian Institute of Health and Welfare ALRC Australian Law Reform Commission ALRC Report Australian Law Reform Commission Report no. 31 Recognition of Aboriginal Customary Laws (1986) APLOs Aboriginal police liaison officers AustLII Australasian Legal Information Institute CDEP Community Development Employment Projects DFV Domestic and family violence DV Domestic violence FASD Foetal alcohol spectrum disorder GERAIS Guidelines for Ethical Research in Australian Indigenous Studies HREOC Human Rights and Equal Opportunity Commission KALACC Kimberley Aboriginal Law and Cultural Centre KJ Kanyirninpa Jukurrpa LRCWA Law Reform Commission of Western Australia NSWLRC New South Wales Law Reform Commission NTCCA Northern Territory Court of Criminal Appeal NTLRC Northern Territory Law Reform Committee NTSC Northern Territory Supreme Court NYPWC Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council SNAICC Secretariat of National Aboriginal and Islander Child Care VRO Violence restraining order Understanding the role of Law and Culture in Aboriginal and Torres Strait Islander communities
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