FVPLS Victoria Conference 2012!

FVPLS Victoria will be hosting a conference on November 21st – 23rd 2012 at The Jasper Hotel, Melbourne, in honour of our 10 year anniversary. The conference will focus upon policy issues that impact upon family violence in Aboriginal and Torres Strait Islander communities. Please email conference@fvpls.org to be a participant or guest speaker. Watch this space for further information!

IMPROVING THE SYSTEM

FVPLS Victoria Policy Papers (Launched 6 July 2010)

FVPLS Victoria is committed to advocating for improvements in the way the community, the legal system and authorities respond to and address family violence and sexual assault. Below is a summary of some key law and justice policy developments FVPLS Victoria is currently contributing to, aimed at achieving better outcomes for Koori people impacted by family violence. FVPLS Victoria through CEO Antoinette Braybrook is represented on the Aboriginal Justice Forum and the Indigenous Family Violence Partnership Forum. On-the-ground experience and community feedback informs this work – so please contact us on information@fvpls.org if you have something to contribute or for more information…

Child Protection

In December 2009 the Victorian Ombudsman released his report into the child protection system in Victoria highlighting serious failings. In response, the state government set up a ministerial taskforce and asked the Victorian Law Reform Commission (‘VLRC’) to review Children’s Court processes. The VLRC was due to report to the Attorney General on 30 June 2010. New child protection mediation conferences are soon to be introduced on a trial basis. FVPLS Victoria seeks to ensure that protection of legal rights is preserved within any reforms introduced, and that access to culturally appropriate legal representation in all processes is guaranteed. The Department of Justice has initiated a project looking at culturally appropriate processes for Koori children and families in the child protection legal process. FVPLS Victoria welcomes this initiative and urges that it be adequately resourced.

Family law

FVPLS Victoria is at every opportunity urging improved ATSI cultural accessibility in the family law system led by ATSI people. The Family Court has committed to establishing a joint committee to address this issue. A series of consultations is being conducted in the coming months by the Court with respect to the views and experiences of Aboriginal and Torres Strait Islander families in the family law system. It is critical that any new initiatives be driven by ATSI voices with enduring commitment from government and the Courts. (Stephen Ralph is conducting the Family Court study (08) 8985 3324).

Family Violence Court Support

The Department of Justice Koori Family Violence Court Support pilot project to strengthen culturally appropriate Court processes for ATSI people seeking or responding to family violence intervention orders in the Magistrates Court will soon commence. FVPLS Victoria is represented on the project steering committee.

Victim’s Assistance

Earlier in the year the Victorian government announced a review of victims’ assistance processes in Victoria with a view to improving outcomes for victims. The review looked at both the Victims of Crime Assistance Tribunal and at compensation orders available through the Courts. FVPLS Victoria is particularly focused upon strengthened responses for victims of sexual assault and family violence crimes.
*A new category of assistance for safety-related expenses is now available to primary victims of crime through the Victims of Crime Assistance Tribunal, including where it is needed urgently. For more information contact FVPLS Victoria 1800 105 303, the VOCAT website www.vocat.vic.gov.au or your local Magistrates Court.

The Senate Access to Justice Report 2009

The Senate Legal and Constitutional Affairs Reference Committee, Access to Justice Report was released on 8 December 2009. The report recognises that Indigenous women and children remain chronically disadvantaged in access to justice and urges the Commonwealth government to involve ATSI women in developing a more strategic approach. It also notes that a national ATSI women’s legal program may better meet legal needs and recommends increased funding for Indigenous legal services. (See Chapter 8 in particular)

The full report can be accessed here.

Australian Law Reform Commission - Family Violence Inquiry

The ALRC is conducting an inquiry about family violence laws. The terms of reference are:

the interaction in practice of state and territory family and domestic violence and child protection laws with the Family Law Act 1975 (Cth) and relevant Commonwealth, state and territory criminal laws; and
the impact of inconsistent interpretation or application of laws in cases of sexual assault occurring in a family/domestic violence context, including rules of evidence, on victims of such violence.

In relation to both issues, the ALRC is to consider what, if any, improvements could be made to relevant legal frameworks to protect the safety of women and their children. The deadline for submissions has passed with the final ALRC report and recommendations due to be provided to the Commonwealth Attorney-General by 31 July 2010. The ALRC is also seeking input on Indigenous Issues more broadly. See the ALRC website – http://www.alrc.gov.au/IAC/contribute.html

FVPLS Victoria Policy Papers

With the assistance of funding from the Legal Services Board and The Felton Bequest, FVPLS Victoria has developed three policy/discussion papers aimed at strengthening law and justice responses for Aboriginal and Torres Strait Islander victims/survivors of family violence and sexual assault and women and children. The papers draw upon the experience of FVPLS Victoria in its five years of service provision, as well as upon feedback provided by Aboriginal and non Aboriginal people with experience of the system both as victims/survivors and as workers.

FVPLS Victoria recognises that Aboriginal and Torres Strait Islander people must lead development s in law and justice issues at the local, state and territory and national levels and that processes for this must be well resourced. The three papers present the perspective of FVPLS Victoria to be considered in appropriate ATSI led forums.

During the period of developing the papers there has been significant progress, particularly in relation to key state government legal policy initiatives as well as enhanced support to FVPLS Victoria services. We have been able to incorporate some but not all of these in the papers. The Commonwealth, in a welcome and long sought development, has recently moved to a three-year funding arrangement for FVPLS Victoria.

The papers discuss national FVPLS program issues and law and justice responses for Aboriginal and Torres Strait Islander women and children, provision of services in Victoria and also the accessibility of legal system itself.

Paper 1 (PDF) – Strengthening law and justice outcomes for Aboriginal and Torres Strait Islander victims/survivors of family violence and sexual assault and women and children: National policy issues – A Victorian perspective.

Paper 2 (PDF) – Strengthening on-the-ground service provision for Aboriginal and Torres Strait Islander victims/survivors of family violence and sexual assault in Victoria.

Paper 3 (PDF) – Improving accessibility of the legal system for Aboriginal and Torres Strait Islander victims/survivors of family violence and sexual assault.

If you would like copies of these papers please email information@fvpls.org