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Federation of Community Legal Centres Submission to the Royal Commission Into Family Violence

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Federation of Community Legal Centres Submission to the Royal Commission Into Family Violence SUBM.0958.001.0001 June 2015 Federation of Community Legal Centres submission to the Royal Commission into Family Violence Inquiries to: Dr Chris Atmore Senior Policy Adviser Federation of Community Legal Centres (Victoria) Inc 03 9652 1506 [email protected] SUBM.0958.001.0002 About the Federation of Specialist community legal centres focus on groups of people with particular needs or spe- Community Legal cific areas of law (eg mental health, disability, consumer law, environment etc). Centres (Victoria) Inc Community legal centres receive funds and The Federation is the peak body for 50 com- resources from a variety of sources including munity legal centres across Victoria. A full list state, federal and local government, philan- of our members is available at thropic foundations, pro bono contributions http://www.communitylaw.org.au . and donations. Centres also harness the en- ergy and expertise of hundreds of volunteers The Federation leads and supports community across Victoria. legal centres to pursue social equity and to challenge injustice. Community legal centres provide effective and creative solutions to legal problems based on The Federation: their experience within their community. It is • provides information and referrals to our community relationship that distinguishes people seeking legal assistance us from other legal providers and enables us • initiates and resources law reform to to respond effectively to the needs of our develop a fairer legal system that better communities as they arise and change. responds to the needs of the disadvantaged Community legal centres integrate assistance • works to build a stronger and more for individual clients with community legal effective community legal sector education, community development and law • provides services and support to reform projects that are based on client need community legal centres and that are preventative in outcome. • represents community legal centres with stakeholders Community legal centres are committed to collaboration with government, legal aid, the The Federation assists its diverse membership private legal profession and community part- to collaborate for justice. Workers and volun- ners to ensure the best outcomes for our teers throughout Victoria come together clients and the justice system in Australia. through working groups and other networks to exchange ideas and develop strategies to im- prove the effectiveness of their work. About community legal centres Community legal centres are independent community organisations which provide free legal services to the public. Community legal centres provide free legal advice, information and representation to more than 100,000 Victorians each year. Generalist community legal centres provide services on a range of legal issues to people in their local geographic area. There are general- ist community legal centres in metropolitan Melbourne and in rural and regional Victoria. PG 2 FEDERATION OF COMMUNITY LEGAL CENTRES (VICTORIA) INC SUBM.0958.001.0003 Contents List of Abbreviations ......................................................................................... 5 Recommendations ............................................................................................ 6 Introduction .................................................................................................... 13 Community legal centres’ contribution to the family violence response ... 14 Legal help with intervention order matters ................................................................................................14 Specialist and holistic services ...................................................................................................................15 Embedded in local communities.................................................................................................................16 Understanding disadvantage ......................................................................................................................16 Integration of direct service provision with systemic advocacy ................................................................16 Prevention ....................................................................................................................................................17 The family violence intervention order process ........................................... 19 Courts ...........................................................................................................................................................19 Insufficient duty lawyer capacity .................................................................................................................19 Variable availability of non-legal supports at court ....................................................................................24 Safety and risk management at court ........................................................................................................25 Magistrates ..................................................................................................................................................28 Interpreters ..................................................................................................................................................30 Working with others at court .......................................................................................................................31 Other court practices and procedures ........................................................................................................33 Children ........................................................................................................................................................34 Police............................................................................................................... 35 Police at family violence courts ...................................................................................................................35 Police service of applications and orders ...................................................................................................36 Policing family violence more broadly ........................................................................................................37 Accountability for perpetrators ...................................................................... 40 Alternative justice options to increase perpetrator accountability ...........................................................40 Improving corrections interventions in family violence offending .............................................................41 Issues with the Family Violence Protection Act 2008 ................................. 42 Cross-applications ....................................................................................................................................... 42 Family law .....................................................................................................................................................45 Interstate orders ..........................................................................................................................................47 Other family violence-related legal issues and gaps in legal need ............ 48 Family law .....................................................................................................................................................48 Housing and homelessness ........................................................................................................................50 Infringements ...............................................................................................................................................50 Victims of Crime applications ......................................................................................................................50 Proposed restrictions to CLC funding and services ...................................................................................50 PG 3 FEDERATION OF COMMUNITY LEGAL CENTRES (VICTORIA) INC SUBM.0958.001.0004 Further improvements to policies, programs and services......................... 52 Genuine integration is yet to be achieved ..................................................................................................52 Risk assessment and management ...................................................................................53 Governance ..........................................................................................................................54 Data ..............................................................................................................................................................55 Victorian Systemic Review of Family Violence Deaths ...............................................................................56 Effectiveness of the VSRFVD ...............................................................................................56 Lack of funding .............................................................................................57 Investigation of deaths .................................................................................58 Experience of families and the Wanting Justice Project.............................59 Implications for prevention ..........................................................................60 Responding to risk ...............................................................................................................61
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