Senate Committee Releases Report on Inquiry into Domestic Violence

On 19 May 2020, the Legal and Constitutional Affairs References Committee (“the Committee”) released its final report on the inquiry into domestic violence with particular regard to violence against women and their children (“the Inquiry”). The Commonwealth Senate had referred the Inquiry to the Committee on 26 February 2020. The Committee was to publish its final report by August 2020.

The Committee was to investigate:

1. The implementation of recommendations of prior domestic violence inquiries
2. The adequacy of national, state, and territory services and responses to domestic violence
3. Immediate and long-term measures required in order to prevent violence against women and their children
4. The effects of policy decisions on housing, legal services, and women’s economic independence in limiting the ability of women and children to escape domestic violence
5. How the federal, state, and territory governments can further drive social, cultural, and behavioural changes in order to eliminate violence against women and children
6. Any other related matters

Domestic Violence in Australia

The National Plan to Reduce Violence against Women and their Children 2010-2022 (“The National Plan”) is defined on paragraph 1.15 of the report as:

The National Plan was released in February 2011, and sets out a framework for action over 12 years to be implemented in four three-year plans.

The First Action Plan (2010-2013) focused on establishing the foundations for long term change. It included actions to establish essential, national-level infrastructure in order to inform future policy and services in reducing domestic violence. The Second Action Plan (2013-2016) focuses on how the governments were to move forward in addressing the crimes of domestic and family violence and sexual assault. Under the First and Second Action Plans, the government:

• Built national infrastructure such as 1800 RESPECT and DV-alert
• Funded research by the Australian Bureau of Statistics, the National Community Attitudes towards Violence Against Women Survey, and funded Australia’s National Research Organisation for Women’s Safety
• Funded communication strategies such as ‘Our Watch’
• Developed primary prevention initiatives
• Identified improved responses to perpetrators

The Third Action Plan (2016-2019) and Fourth Action Plan (2019-2022) focuses on achieving further change and addressing gaps within the work completed under the prior plans.

The 2017-18 Annual Progress Report of the Third Action Plan (“the Progress Report”) published on 9 August 2019 investigates the impacts of the National Plan so far. The Progress Report notes that whilst there has been a reduction in total violence experienced by women, violence in intimate partner relationships, and sexual violence against women have not decreased. However, reporting and help-seeking has significantly increased, indicating an increase in quality and availability of support services, an increase in community awareness, and a reduction in the stigma associated to being a victim.

COVID-19 and Domestic and Family Violence

The COVID-19 pandemic has led to national social isolation measures and job losses that created serious concerns to a likely increase in domestic and family violence. In response, the Federal Government has pledged emergency funding to state and territory governments in order to meet urgent needs. The funding is to be directed for things such as:

• Safer housing and emergency accommodation
• Counselling and outreach
• Crisis support and helplines
• Perpetrator intervention programs
• Additional assistance for frontline services and exploration of new technology-based service delivery methods
• Regional, rural, and remote response

The Committee’s View

Currently, violence against women in Australia continues to be a problem. The Committee found that the number of women that have died at the hands of a current or former partner has not reduced since 2010. The Inquiry also found that the governments have achieved significant steps under the National Plan, however, it remains unclear that the campaigns would lead to significant and lasting reduction in violence.

The Committee was satisfied that the governments are taking the issue seriously, but did not believe that another public inquiry is required at the time, and commented that an inquiry would divert attention and resources away from more necessary action. As the Fourth Action Plan rolls out, the Committee suggested that the governments examine whether it is a matter of waiting for current efforts to show their results or if a new approach is needed.

The Committee put forward a number of questions to be considered in developing the Fourth Action Plan, including:

Dissenting Report

Senator Rex Patrick published his dissenting report in regards to the Inquiry, criticising the report submitted by the Committee. Senator Patrick argued that the Committee failed to examine the situation in Australia in enough detail, and that its report did not shed any new light to what was happening. He was critical that the Committee submitted its report three months ahead of its August 2020 deadline, and that it did so without seeking submissions and without holding hearings. The Senator concluded by recommending that the Senate revisit the Inquiry to more thoroughly address its terms of reference.

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Inquiry into domestic violence with particular regard to violence against women and their children (Parliament of Australia)

Reducing Violence: The National Plan to Reduce Violence against Women and their Children 2010-2022 (Department of Social Services, Australian Government )