The Tasmanian Experience

1. The Tasmanian Experience The Impact of the Family Violence Act, 2004 (Tas) on Child Protection Matters Pip Shirley Project Officer, Magistrates Court of Tasmania

2. Background – Prior to the Family Violence Act, 2004 No specific legislation dealing with family violence matters – civil or criminal Restraint Order– Justices Act, 1959 Criminal offences –variety of legislation including Police Offences Act, 1935 and Criminal Code Act, 1924

3. Background – Prior to the Family Violence Act, 2004 Child protection matters – Children, Young Persons and Their Families Act, 1997 General obligation on all adults - report (s13) Mandatory obligation for prescribed professionals to report (s14)

4. Statistics prior to the commencement of the Family Violence Act, 2004

5. Statistics prior to the commencement of the Family Violence Act, 2004 Applications for Assessment Orders and Care and Protection Orders – April 2004 to March 2005 Care and Protection Orders Assessment Orders

6. The Family Violence Act, 2004 – Inclusions relating to children Strong recognition of the adverse affect on the well being of children living with or witnessing family violence. Includes definition of “affected child” – a child whose safety, psychological well being or interests are affected or likely to be affected by family violence (s3). An application for a Family Violence Order may be made by or on behalf of an affected child (s15).

7. The Family Violence Act, 2004 – Consequential amendments relating to children Children Young Persons and Their Families Act, 1997 Extended the meaning of “at risk” to include an affected child (s4) Extended the obligation of prescribed persons for mandatory reporting to include children where they are suspected of being an ‘affected child’ s14 (2) (a)

8. Family Violence Act, 2004 -Obligations of Court If an application for an FVO is made by or on behalf of a child, a copy of the application is to be sent to the DHHS (s15) In making an FVO, a Court is to consider the interests of the person for whose benefit the FVO is sought and any affected child to be of paramount importance

9. Justices Rules, 2003 relative to Family Violence Act, 2004 Where a child is an affected child or a party to an FVO or IFVO, including a PFVO that is varied, extended, or revoked by the court notice is to be forwarded to the Secretary of the DHHS on :- • The current status of the order • When service of the order is affected

10. The Family Violence Act, 2004- Criminal Matters s11 (5) in deciding whether to arrest a person a police officer is to give priority to the safety, wellbeing and interests of any affected person or affected child Includes a rebuttable presumption against bail relating to FV offences which included consideration of children s12 Bail – A person charged with an FV offence is not to be granted bail unless a judge, court or police officer is satisfied that release of the person on bail would not be likely to adversely affect the safety wellbeing and interests of an affected person or affected child

11. The Family Violence Act, 2004- Criminal Matters When sentencing for a Family Violence Offence, a court or a judge may consider to be an aggravating factor the fact that the offender knew or was reckless as to whether: - A child was present or on the premises at the time of the offence or Knew the affected person was pregnant s13 (a)

12. Some observations There was an existing obligation under the Children, Young Persons and Their Families Act, 1979 for notifying the Secretary of DHHS of children considered “at risk” However, the proclamation of the Family Violence, Act 2004 strengthened and directly specified the connection between children “at risk” and family violence What has been the effect?

13. Applications for Family Violence Related Orders and PFVOs post commencement of Family Violence Act, 2004

14. Applications for Assessment orders pre and post implementation of Family Violence Act, 2004 Applications for Assessment Orders and Care and Protection Orders April 2004 to Feb 2006 Care and Protection Orders Assessment Orders

15. Relative increase in applications for orders

16. SOME FURTHER OBSERVATIONS Not enough information to accurately specify any causal relationships Likely to be a combination of factors

17. Implementation of the Family Violence Act, 2004 and associated policy strengthened and formalised individual agency responses and reporting mechanisms with a particular focus on reporting when children are present to CPAARS SOME FURTHER OBSERVATIONS • These processes are often subject to internal quality assurance mechanisms

18. Increased awareness of obligations relating to mandatory reporting – broad agency information sessions held prior to commencement of Act. SOME FURTHER OBSERVATIONS • Education Department held information sessions with teachers around the state • Heightened awareness of what might be considered pre-existing reporting obligations

19. Increase in Applications for Assessment Orders and Child Protection Orders WHAT HAS THIS MEANT FOR THE COURT? • Stretched Court resources – Magisterial and Administrative • Focus on review of internal processes and the Children Young Persons and Their Families Act, 1997 in general • No doubt issues previously existed but have been masked until workload issues gave them a focus

20. Process of listing of applications in the Court WHERE TO NOW? Review process looking at • The procedural provisions of the Children Young Persons and Their Families Act, 1997 • Nature of affidavits, particularly relating to content - relevant information • The extension of use of existing provisions in the Act relating to Family Group Conferences (Agency) and Conferences of Parties (Court convened