AIJA Youth Justice & Child Protection Conference 3 April 2006

1. AIJAYouth Justice & Child Protection Conference 3 April 2006 Tasmania Police and Safe at Home Sergeant Debbie Williams No. 1822 Coordinator, Safe at Home

2. AIJA Youth Justice & Child Protection ConferenceBACKGROUND • September 2004: enhanced response by police to family violence; • 30 March 2005: proclamation of the Family Violence Act, 2004; • 31 May 2005: Family Violence Management System (FVMS) live; • Before September 2004 average incidents attended monthly by police was 260, after September 2005 approximately 360; • In February 2006, police attended a total of 429 incidents, 315 were family violence and 101 family arguments; • Children were present at 126 of these incidents, 100 were family violence; • Children are present at about 38% of FV incidents attended by Tasmania Police; • Family Violence is now part of the legal definition of child abuse; • Police are mandatory reporters of child abuse;

3. AIJA Youth Justice & Child Protection ConferenceSAFE AT HOME • Pro arrest • Pro prosecution • Pro intervention • Recognises children as victims in their own right • Based upon primacy of the safety of the victim (adult and child) • Whole of government response

4. AIJA Youth Justice & Child Protection ConferencePOLICY PRINCIPLES: • Safety of victims (adults & children) is paramount; • Family violence is a crime and not a private matter; • Offenders will no longer be able to hide behind the silence of their victims; • Wherever possible, victims have the choice to remain in their own home; • Service provision is integrated to provide enhanced support to victims; • Police are best placed to respond to incidents where immediate intervention is required to secure the safety of the victim;

5. AIJA Youth Justice & Child Protection ConferenceIMPLEMENTATION (Police) • 24/7 FVRRL line • Victim Safety Response Teams • Family Violence Prosecutors

6. AIJA Youth Justice & Child Protection ConferencePOLICE RESPONSBILITIES • Primacy of safety of the victim, including children; • Support to remain or quickly return to their own home • Practical crisis assistance; • Where a power of arrest exists, that power should be exercised unless there are compelling reasons for the exercise of some other option – pro-arrest; • Prosecution of offenders; • Carefully considered conditions on protective orders • Integrated response to family violence – information sharing; • VSRT & Prosecution attend weekly interagency case co-ordination meetings;

7. AIJA Youth Justice & Child Protection ConferenceRISK ASSESSMENT SCREENING TOOL (RAST) • Assessment carried out by police to identify the potential likelihood of repetition or escalation of family violence; • Victim-based interview; • Developed by Police and the Department of Justice; • Endorsed by the Tasmanian Institute of Law Enforcement Studies (TILES); • Risk factors based on national and international research and an analysis of Tasmania family violence incidents; • Increases accountability and provides consistency in decision making. • Provides additional information when considering bail.

8. AIJA Youth Justice & Child Protection ConferencePOLICE FAMILY VIOLENCE ORDERS (PFVOS) • Made for the safety, well-being & interests of an affected person or an affected child. • Considered the primaryprotective mechanism above bail conditions; • Made and issued by Sergeants or authorised officers; • Issued where family violence has been or is likely to be committed; • RAST is low or medium; • Up to 12 month duration; • Careful consideration of conditions– set penalties for breaches; • Must consider Family Law Orders; • Variation of application may be granted by Inspector of Police; • Can only be revoked by a magistrate.

9. AIJA Youth Justice & Child Protection ConferenceMANDATORY REPORTING OF AFFECTED CHILDREN • Tasmania Police are mandatory reporters under the Children Young Persons & Their Families Act, 1997; • where it is believed or suspected a child is subject to abuse, neglect or affected by family violence (safety, psychological wellbeing or interests); • 1 March 2004 – 1 March 2005 1613 reports state-wide; • 1 March 2005 – 1 March 2006 2449 reports state-wide; • Total increase of 66%; • CFS acknowledge on average 35 notifications per week state-wide are S@H related;

10. AIJA Youth Justice & Child Protection ConferenceCHILD PROTECTION/YOUTH OFFENDING • Weekly S@H case co-ordination meetings discuss affected children; • Meetings include representatives from VSRT, Prosecution, Child Witness Support Services, Family Violence Counselling & Support Service (Adult & Children), Court Support & Liaison and Child & Family Services; • Consideration for bail under the Family Violence Act includes RAST, suitable accommodation for offender, adult and child victim and any other matters considered relevant; • When sentencing under the Act aggravating factor if child present or offender knew victim was pregnant; • Section 184A of the Criminal Code – assault on pregnant woman; • A child may make application for FVO if Court satisfied child capable of understanding the nature of proceedings; • Inter-agency Support Panels (ISPs) for ‘at risk’ youth identified many clients are affected by family violence;

11. AIJA Youth Justice & Child Protection Conference Sergeant Debbie Williams Coordinator, Safe at Home (03) 62 302438 debbie.williams@police.tas.gov.au