AIJA Youth Justice & Child Protection Conference 3 April 2006 Tasmania Police and Safe at Home Sergeant Debbie Williams No Coordinator, Safe at Home

AIJA Youth Justice & Child Protection Conference BACKGROUND September 2004: enhanced response by police to family violence; September 2004: enhanced response by police to family violence; 30 March 2005: proclamation of the Family Violence Act, 2004; 30 March 2005: proclamation of the Family Violence Act, 2004; 31 May 2005: Family Violence Management System (FVMS) live; 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; 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; 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 were present at 126 of these incidents, 100 were family violence; Children are present at about 38% of FV incidents attended by Tasmania Police; 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; Family Violence is now part of the legal definition of child abuse; Police are mandatory reporters of child abuse; Police are mandatory reporters of child abuse;

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

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

AIJA Youth Justice & Child Protection Conference IMPLEMENTATION (Police) 24/7 FVRRL line 24/7 FVRRL line Victim Safety Response Teams Victim Safety Response Teams Family Violence Prosecutors Family Violence Prosecutors

AIJA Youth Justice & Child Protection Conference POLICE RESPONSBILITIES Primacy of safety of the victim, including children; Primacy of safety of the victim, including children; Support to remain or quickly return to their own home Support to remain or quickly return to their own home Practical crisis assistance; 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; 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; Prosecution of offenders; Carefully considered conditions on protective orders Carefully considered conditions on protective orders Integrated response to family violence – information sharing; Integrated response to family violence – information sharing; VSRT & Prosecution attend weekly interagency case co- ordination meetings; VSRT & Prosecution attend weekly interagency case co- ordination meetings;

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

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

AIJA Youth Justice & Child Protection Conference MANDATORY REPORTING OF AFFECTED CHILDREN Tasmania Police are mandatory reporters under the Children Young Persons & Their Families Act, 1997; 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); 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 reports state-wide; 1 March 2004 – 1 March reports state-wide; 1 March 2005 – 1 March reports state-wide; 1 March 2005 – 1 March reports state-wide; Total increase of 66%; Total increase of 66%; CFS acknowledge on average 35 notifications per week state-wide are related; CFS acknowledge on average 35 notifications per week state-wide are related;

AIJA Youth Justice & Child Protection Conference CHILD PROTECTION/YOUTH OFFENDING Weekly case co-ordination meetings discuss affected children; Weekly 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; 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; 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; 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; 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; 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; Inter-agency Support Panels (ISPs) for ‘at risk’ youth identified many clients are affected by family violence;

AIJA Youth Justice & Child Protection Conference Sergeant Debbie Williams Coordinator, Safe at Home (03)