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A National System for Domestic and Family Violence Death Review

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A National System for Domestic and Family Violence Death Review A National System for Domestic and Family Violence Death Review December 2016 ABN 47 996 232 602 Level 3, 175 Pitt Street, Sydney New South Wales 2000 GPO Box 5218, Sydney New South Wales 2001 General enquiries 1300 369 711 Complaints info line 1300 656 419 TTY 1800 620 241 Australian Human Rights Commission A National System for Domestic and Family Violence Death Review– December 2016 Contents Part 1 ..........................................................................................5 Executive Summary .................................................................5 1.1 Report aims................................................................................................. 5 1.2 Report methodology .................................................................................. 5 1.3 Report terminology .................................................................................... 5 1.4 Report structure ......................................................................................... 5 1.5 The domestic and family violence death review function in Australian states 6 (a) History of the domestic violence death review function ............................ 7 (b) The national picture .................................................................................. 8 1.6 National responses to domestic violence and cooperative federalism . 8 (a) National Plan to Reduce Violence against Women and their Children 2010-2022 ................................................................................................ 9 (b) The CoAG Advisory Panel on Reducing Violence against Women ........ 10 1.7 Funding domestic violence death review .............................................. 10 1.8 Positive change as a result of death review .......................................... 11 1.9 Report Findings ........................................................................................ 11 1.10 Recommendations ................................................................................... 13 Part 2 ....................................................................................... 15 2 Australia’s human rights obligations .......................... 15 2.1 Duty to protect life and prevent death .................................................... 15 2.2 The obligation to protect against gender based violence .................... 15 2.3 The obligation to act with due diligence ................................................ 16 (a) Obligation to collect data ........................................................................ 17 (b) Obligation to Investigate ......................................................................... 17 (a) Obligation to ensure adequate training .................................................. 18 2.4 Protection of these rights in Australia ................................................... 19 2.5 Role of the Coroner and Australia’s human rights obligations ............ 21 (a) Case Study: The Andrea Pickett inquest ................................................ 22 2.6 Child deaths: The obligation to take measures to protect children ..... 22 (a) National examination into the impact of family and domestic violence on children ................................................................................................... 23 2.7 Findings 24 Part 3 ....................................................................................... 25 3 Models of death review in Australian states and territories ........................................................................ 25 3.1 The death review process ....................................................................... 25 (a) Identify deaths that occurred in a domestic and family violence context. 26 (b) Assist the Coroner in investigations of reportable deaths ....................... 27 (c) Conduct case reviews of individual deaths ............................................. 27 (d) Identify fatality risk factors ...................................................................... 28 2 Australian Human Rights Commission A National System for Domestic and Family Violence Death Review– December 2016 (e) Source and gather additional information for case reviews .................... 28 (f) Establish and maintain a database, collect data, and identify trends and patterns across deaths ........................................................................... 28 (g) Develop recommendations for systematic change ................................. 28 (h) Monitor the progress and uptake of recommendations ........................... 28 (i) Prepare and publish reports on key cases and findings ......................... 29 (j) Liaise with other death review teams ...................................................... 29 (k) Conduct literature reviews and maintaining an electronic library ............ 29 (l) Undertake independent research and investigations .............................. 29 (m) Contribute to and collaborate with research projects and government enquiries ................................................................................................. 30 (n) Collaborate and engage with law and policy sectors .............................. 30 (o) Engage with the wider community .......................................................... 30 (p) Provide an advisory role to governments ................................................ 30 3.2 History and resourcing of death review in Australia ............................. 30 (a) Victoria .................................................................................................... 31 (b) New South Wales ................................................................................... 32 (c) Queensland ............................................................................................ 33 (d) South Australia ....................................................................................... 34 (e) Western Australia ................................................................................... 35 (f) Australian Capital Territory ..................................................................... 36 3.3 International examples of death review processes ............................... 37 (a) United States of America ........................................................................ 37 (b) Canada ................................................................................................... 37 (c) New Zealand .......................................................................................... 38 (d) United Kingdom ...................................................................................... 38 3.4 Positive outcomes of domestic violence death review ......................... 38 3.5 Challenges, strengths and limitations of Australian death review ...... 39 (a) Statutory basis ........................................................................................ 39 (b) Resourcing ............................................................................................. 40 (c) Cases reviewed ...................................................................................... 40 3.6 Findings 41 Part 4 ....................................................................................... 42 4 Guiding Principles for Domestic and Family Violence Death Review ................................................................. 42 4.1 Government endorsement, reliable funding and engagement with public and private sector agencies ......................................................... 42 (a) Funding ................................................................................................... 43 (b) Government endorsement ...................................................................... 43 (c) Statutory basis ........................................................................................ 43 4.2 Appropriate powers to access information ............................................ 43 4.3 Support from experts in domestic and family violence and policy ..... 44 4.4 Capacity to make and monitor recommendations ................................ 44 4.5 Powers to conduct quantitative and qualitative reviews ...................... 45 4.6 Contribution to a National Network ........................................................ 45 4.7 Case identification procedures and mechanisms ................................. 46 (a) Case type ............................................................................................... 46 (b) Human purpose (intent) .......................................................................... 46 3 Australian Human Rights Commission A National System for Domestic and Family Violence Death Review– December 2016 (c) Relationship between the parties ............................................................ 47 (d) Domestic and family violence context ..................................................... 47 4.8 Collaborative, consultative and independent ........................................ 48 4.9 National, state and territory domestic violence frameworks ................ 48 4.10 Confidentiality and privacy protections ................................................. 48 4.11 Overarching philosophy of death review ............................................... 48 4.12 Findings 49 Part 5 ....................................................................................... 50 5 National data collection, monitoring and reporting ... 50 5.1 Why we need national reporting
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