Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men MARCIA LANGTON | KRISTEN SMITH | TAHLIA EASTMAN LILY O’NEILL | EMILY CHEESMAN | MERIBAH ROSE RESEARCH REPORT ISSUE 26 | DECEMBER 2020 ANROWS acknowledgement This material was produced with funding from the Australian Government and the Australian state and territory governments. Australia’s National Research Organisation for Women’s Safety (ANROWS) gratefully acknowledges the financial and other support it has received from these governments, 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, or any Australian state or territory government. 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. The cover art features Resilience (2014), an ANROWS-commissioned art series by Christine Blakeney, a Wiradjuri/Yaegl woman from NSW. Peer review process The quality of ANROWS publications is ensured through a rigorous peer review process that is consistent with the principles of the Committee on Publication Ethics (COPE) Ethical Guidelines for Peer Review. This report has been assessed by at least two peer reviewers with relevant academic expertise. © 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 Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men (Research report) / Langton et al. Sydney : ANROWS, 2020. Pages ; 30cm. (Research report, Issue 26/2020) I. Family violence – Australia – Prevention. II. Abusive men – Services for – Australia. III. Indigenous men – Australia. I. Langton, Marcia. II. Smith, Kristen. III. Eastman, Tahlia. IV. O’Neill, Lily. V. Cheesman, Emily. VI. Rose, Meribah. ISBN: 978-1-925925-59-3 (print) | 978-1-925925-60-9 (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 Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men PROFESSOR MARCIA LANGTON Redmond Barry Distinguished Professor, Foundation Chair of Australian Indigenous Studies, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne DR KRISTEN SMITH Senior Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne TAHLIA EASTMAN Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne DR LILY O’NEILL Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne EMILY CHEESMAN Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne DR MERIBAH ROSE Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne This report addresses work covered in the ANROWS research project "Improving family violence legal and support services for Aboriginal and Torres Strait Islander men who are perpetrators of 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: Langton, M., Smith, K., Eastman, T., O’Neill, L., Cheesman, E., & Rose, M. (2020). Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men (Research report, 26/2020). Sydney: ANROWS. iii The University of Melbourne Parkville, Victoria, 3010 Author acknowledgement Primarily, we would like to thank our participants for taking the time to share their stories in support of this research. We would also like to thank the research assistants, both in community and at the university, who contributed to this work. We would like to thank the community and Elders for generously offering their time and knowledge: without your support, this report would not have been possible. Author acknowledgement of Country The authors acknowledge the Traditional Owners of the country on which we work, the Wurundjeri people of the Kulin nation, and recognise their continuing connection to land, waters and culture. We also acknowledge the Traditional Owners of the country where our research took place, the Latji Latji and Barkindji people of Mildura and the Wiradjuri and Dhudhuroa people of Albury and Wodonga. We pay our respects to their Elders past, present and emerging. 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 | DECEMBER 2020 Contents List of tables 4 List of figures 5 Acronyms 6 Definitions and concepts 7 Executive summary 10 Overview 10 Research aims and design 10 Inadequate evidence base 11 Recommendations for policy and practice 12 Introduction 13 Research aims 13 Project rationale 13 Key national data on family violence 14 State of knowledge review 17 Focus of the state of knowledge review 17 Understanding family violence in Aboriginal and Torres Strait Islander communities 18 Aboriginal and Torres Strait Islander men and family violence 19 Family violence protection orders and criminal justice responses 21 Legal systems abuse 24 New South Wales and Victorian government responses to family violence 25 Research methods 27 Multi-sited ethnographic research 27 Critical, socio-legal audit of family violence legal framework 28 Family violence policies, legislation and services: 1 Improving access and suitability for Aboriginal and Torres Strait Islander men RESEARCH REPORT | DECEMBER 2020 Fieldwork sites 28 Research participants 29 Data analysis 30 Data management 31 Key findings 32 Audit of relevant legislation 32 Scope of perpetrator programs 38 Men’s behaviour change programs 41 Men’s healing programs 45 Koori Court 47 Substance abuse, neurological disability and mental illness 53 Perpetrator accountability 61 Discussion 70 Beyond tokenism—Women and children’s safety first 70 Addressing substance abuse, neurological disability and mental illness as underlying factors contributing to family violence perpetration 70 Perpetrator accountability 70 Conclusion 72 Recommendations for policy and practice 73 References 75 Legislation 86 APPENDIX A: Family violence-related services in Mildura, Albury and Wodonga 87 APPENDIX B: Men’s behaviour change programs in Victoria 94 Family violence policies, legislation and services: 2 Improving access and suitability for Aboriginal and Torres Strait Islander men RESEARCH REPORT | DECEMBER 2020 APPENDIX C: Men’s behaviour change programs in New South Wales 96 APPENDIX D: Table of national family violence protection orders legislation 97 APPENDIX E: Table of child protection legislative and policy provisions in Victoria and New South Wales 107 Family violence policies, legislation and services: 3 Improving access and suitability for Aboriginal and Torres Strait Islander men RESEARCH REPORT | DECEMBER 2020 List of tables Table 1: Family violence order scheme name by state and territory 22 Table 2: Population of fieldwork sites 28 Table 3: Interviews 29 Table 4: Focus groups 29 Table 5: Victorian funding for men’s behaviour change programs 42 Table 6: New South Wales funding for men’s behaviour change programs 42 Table 7: Men’s behaviour change programs and related programs in Mildura and Albury–Wodonga 43 Table 8: Graduate certificate in client assessment and case management (MBCP facilitator training) 45 Family violence policies, legislation and services: 4 Improving access and suitability for Aboriginal and Torres