Jusitice Access Research Alert - Extracts

JARA: Justice Access Research Alert, April 2008, No 23 Law and Justice Foundation of NSW
Welcome to the April 2008 issue of JARA, a free alert service for recent research in the area of access to justice and legal need.
-----------------------------------------------------------------------------------------Arresting practices: exploring issues of dual arrest for domestic violence, R Braaf & C Sneddon, Stakeholder Paper 3, Australian Domestic and Family Violence Clearinghouse, Sydney, 2007 (Australia, International, United States) http://www.adfvc.unsw.edu.au/PDF%20files/Stakeholder%20paper_%203.pdf

This paper draws on Australian and international research to explore the issue of dual arrest for domestic violence, factors contributing to its occurrence, the implications for victims, and strategies employed to address this practice. Men’s and women’s use of violence in relationships is considered and the dynamic of control and fear explored. Reforms to policing policies and practices introduced in Australia and elsewhere are considered in terms of their ability to minimise the occurrence of dual arrest.

How the criminal justice system handles allegations of sexual abuse: a review of the implementation of the recommendations of the Seeking Justice report, Crime and Misconduct Commission Queensland, Brisbane, 2008 (Qld)http://www.cmc.qld.gov.au/data/portal/00000005/content/77815001205361682379.pdf

The Seeking Justice report is the result of an inquiry by the Queensland Crimes and Misconduct Commission into the handling of sexual offence allegations by the Queensland Police Service and the Office of the Director of Public Prosecutions. This review of the implementation of the recommendations drew on submissions and consultations with government and non-government stakeholders. The results show that good progress has been made in implementing most of the recommendations, particularly by the Queensland Police Service. However, the perceptions of some external stakeholders are that there has been less change in the investigation and prosecution practices of uniformed QPS officers, especially in non-metropolitan regions. The Office of the Director of Public Prosecutions has implemented a number of the recommendations but there is still work to be done in this area.

Western Australian safety and accountability audit of the Armadale Domestic Violence Intervention Project, E Pence, S Mitchell & A Aoina, Department of Communities Western Australia, Perth, 2007 (WA) http://www.community.wa.gov.au/NR/rdonlyres/9AB9DB57-3CA0-4E02-862A-48989D752444/0/DFCDOCSafetyandAccountabilityAuditReport2007.pdf

The Armadale Domestic Violence Intervention Project (ADVIP) is an interagency initiative in Western Australia to bring the criminal justice system, child protection agencies, and community-based advocacy organisations together to work collaboratively in cases of domestic abuse. This audit focuses on work practices to examine whether ADVIP is helping to keep women and children safe and hold offenders accountable for their violence and abuse. The audit team interviewed and observed practitioners, interviewed policy makers and victims, and analysed case management practices and case files. The audit concluded that ADVIP has the capacity to operate effectively; however, it falls short of its potential due to limited reporting processes, lack of coordination, lack of information sharing and documentation, lack of formalised agreements and lack of a full time coordinator. It found that interventions tend to hold victims of abuse responsible for offender behaviour in ways that undermine safety and accountability.

The scale and nature of family violence in New Zealand: a review and evaluation of knowledge, D Lievore, P Mayhew & E Mossman, New Zealand Ministry of Social Development, Wellington, 2007 (New Zealand)http://www.msd.govt.nz/work-areas/families-whanau/scale-and-nature-family-violence/index.html

This report provides a comprehensive review of research on the nature and scale of family violence in New Zealand, and assesses the quality of the research. Intimate partner violence, dating violence, child abuse and neglect, elder abuse and neglect, and sibling abuse are covered. As well as a literature review of published and unpublished research, administrative and service-based data were analysed. The report identifies the need for more research into elder abuse and neglect and violence in same-sex relationships.

Outside glass houses. Mapping the legal needs of women at risk of homelessness escaping family violence: a report to the Victoria Law Foundation, K Hilton & L Edwards, PILCH Homeless Persons’ Legal Clinic, Public Interest Law Clearing House (Vic) Inc, Melbourne, 2007 (Vic)http://www.pilch.org.au/files/FQS625YOQV/Microsoft%20Word%20-%20Report%20to%20the%20Victoria%20Law%20Foundation%20-%20Homeless%20Persons_%20Legal%20Clinic.pdf

The primary cause of homelessness for women is family violence. This report discusses the results of consultations with relevant service providers about legal issues faced by homeless women, gaps in services, and experiences in accessing services. The consultations identified six primary post-crisis legal issues that are common for women escaping family violence: mortgage and tenancy issues, relationship debt, Centrelink access, immigration, fines and discrimination. It was not always clear to the women or their support workers that these issues could have legal remedies and there was a lack of effective networks to connect women and their workers with legal services.
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