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Gordon, Sue; Hallahan, Kay; Henry, Darrell --- "Putting the Picture Together - Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities - Digest" [2002] AUIndigLawRpr 65; (2002) 7(4) Australian Indigenous Law Reporter 49

Inquiries and Reports - Australia

Putting the Picture Together — Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities

Sue Gordon, the Hon Kay Hallahan, Darrell Henry

Department of Premier and Cabinet Western Australia

31 July 2002

...

Executive summary

On the 28 November 2001, the Premier of Western Australia, the Honourable Dr Geoff Gallop, announced that the State Government planned to hold a Special Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities.

This was prompted by the coronial inquest into the death of 15-year-old Susan Ann Taylor at the Swan Valley Nyoongar[1] Community (SVNC) in Lockridge in 1999. The Coroner’s report included allegations of physical and sexual abuse at the community, and raised questions, such as the mandatory reporting by health officials of sexually transmitted diseases and the practices of various government departments and other agencies.

The Inquiry commenced its preliminary work and planning on 14 January 2002 and provided an Interim Report to government on 26 April 2002.

The Terms of Reference required the Inquiry to examine the actions of government agencies in responding to family violence and child abuse. In addition and most importantly, the Terms of Reference required the Inquiry to examine causes, prevalence and solutions to family violence (which according to Aboriginal community definitions includes child abuse). The Inquiry understands that the government, through the Terms of Reference given to the Inquiry, is committed to real changes to protect Aboriginal children and victims of violence, and to allow them to live free from fear so that they can develop to their full potential.

The Inquiry’s Terms of Reference have been subject to ongoing interpretation through relevant government agencies and other bodies. The Inquiry, mindful of different interpretations of various definitions, has not confined itself to forming a view on any ‘correct’ definition of ‘family violence’ or ‘child abuse’.

Approach to the Inquiry

Within the six month time frame the Inquiry was required to:

  • examine a range of matters in relation to the activities of government agencies in responding to family violence and child abuse with particular reference to the SVNC;
  • consult widely, including with representatives of Aboriginal communities;
  • consider current research into the prevalence, causes and solutions to Aboriginal family violence;
  • conduct formal hearings;
  • receive and consider submissions from interested individuals and organisations;
  • provide an Interim Report;
  • consider a number of matters relating to government agency responses to family violence and child abuse including
— any necessary legislative and administrative measures;

— the mandatory reporting of sexually transmitted diseases;
  • support measures for children reporting abuse;
  • recommend practical solutions; and
  • ensure government agencies had the opportunity to address any possible adverse findings necessary legislative and administrative measures.

The Inquiry has therefore focused on the services of seven government agencies that most directly address the problems of family violence and child abuse. The focus of the Inquiry has been on appreciating a range of perspectives, including:

  • Aboriginal people generally, and clients of child protection and family violence services in particular;
  • service providers, both government and non-government; and
  • senior managers within relevant government agencies.

The Inquiry was also to consider research findings regarding how government agencies:

  • can more effectively respond to the problems of family violence and child abuse; and
  • are impacting on the problems of family violence and child abuse.

Given the magnitude of the problem, and not withstanding the obvious efforts and good intentions of agencies, it is imperative that changes are made to:

  • better respond when family violence and child abuse occur;
  • deal effectively with the underlying factors that both result from, and cause family violence and child abuse; and
  • develop a comprehensive systemic approach to family violence and child abuse that goes beyond the approaches of individual agencies and their concerted efforts to co-ordinate those activities.

Acknowledging the importance of involving all stakeholders in the formulation of detailed plans, this report has focused broadly on what needs to change and the identification of further issues to allow for further detailed planning.

Section 1 — Introduction and overview

This section explains the Inquiry’s methodology and the relevant legislative provisions which directed the work of the Inquiry. Those provisions required the Inquiry to focus on the actions of government agencies and their responses to family violence and child abuse. Notwithstanding this imperative, the Inquiry has taken a broad approach so as to better understand family violence and child abuse and the role of government agencies within the service system that respond to these problems.

Section 2 — Overview of family violence and child abuse, including causality and prevalence

The Inquiry explored a range of definitions of family violence and child abuse and acknowledged that different understandings of, and approaches to, family violence and child abuse create difficulties for interdisciplinary and interdepartmental work.

The framework for understanding child abuse has moved from an incident focused approach which examines individual actions towards children, to an ecological approach which examines a range of factors within the child, family, community and society which interact. This broader approach requires a focus on an assessment of the needs of the child and family and developing an understanding of the cumulative effects of a wide range of negative factors within the child’s life.

Similarly models for understanding family violence have moved from a focus on the activities or personality of the perpetrator, to a more inclusive model which examines a range of factors. Research is beginning to explore in more depth the complexity of this phenomenon.

Evidence and research provided to the Inquiry indicate that family violence and child abuse occur in Aboriginal communities at a rate that is much higher than that of non-Aboriginal communities. The statistics paint a frightening picture of what could only be termed an ‘epidemic’ of family violence and child abuse in Aboriginal communities.

There is an added complexity to the causes of family violence and child abuse within Aboriginal communities. The history of the colonisation of Australia has resulted in marginalisation, dispossession, loss of land and traditional culture, and the forced removal of children which has led to ongoing trauma within Aboriginal communities. These underlying factors are coupled with extreme social disadvantage including poverty, racism, passive welfare, drug, alcohol and substance abuse. Persistent assaults on Aboriginal culture, kinship systems and law have created a situation where Aboriginal communities are extremely vulnerable to family violence and child abuse.

Section 3 — Responses to family violence and child abuse

Section 3 provides a comprehensive overview of service provision by the seven government agencies in Western Australia, against a backdrop of research on service developments in responding to family violence and child abuse.

The Inquiry noted and supported initiatives by the Department of Health (DOH) to build workforce skills, develop new models of service delivery and enhance interagency cooperation. A need was identified to better inform potential consumers the range of services available. The need for expanded drug and alcohol services was identified and the Inquiry supported the development of responses to the misuse of volatile substances. A need for more sexual assault services and the expansion of specialist services dealing with child abuse. The importance of training in understanding and responding to child abuse was acknowledged. The Inquiry made a range of recommendations in relation to employment and training of Aboriginal and non-Aboriginal staff.

The Department for Community Development (DCD) provided a comprehensive submission to the Inquiry outlining models for future service delivery. The Inquiry agreed with the position that there needs to be a ‘greater emphasis on building the capacities and strengths of individuals, families and communities’, whilst acknowledging the need to enhance services after abuse and neglect have occurred. Access to services by Aboriginal people in rural and remote areas was problematic. The draft action plan on Aboriginal Family Violence Strategy was supported and delays in implementation noted. The Inquiry acknowledged the complexity of service delivery generally, and specifically notes issues associated with delivery of services to ‘mature minors’, and children with a high level of need. The Inquiry found that DCD must be appropriately resourced to deliver the range of services required. A range of recommendations were made in relation to Aboriginal and non-Aboriginal staff.

The Inquiry noted that there were communication difficulties with Aboriginal communities which in part related to the historical services delivered by DCD.

The Inquiry noted and endorsed the work of the Homelessness Taskforce, and acknowledged the important role of adequate housing in reducing pressure on families and hence reducing family violence and child abuse. The Inquiry identified significant waiting times for Aboriginal families wanting to access housing. The Inquiry is aware of a significant need for the overall provision of more crisis accommodation and a better integration of crisis and long term housing across all government and non-government agencies. The Inquiry made a number of recommendations in relation to consultation with communities, type of housing provided and training for staff. The Inquiry is aware that the provision of housing is constrained by logistical and geographical factors.

The Inquiry endorsed a number of activities of the Western Australia Police Service (WAPS) particularly the new system of recording interviews with children, the importance of the child investigation unit, WAPS involvement in the Joondalup Domestic Violence Pilot Project and the recommendations of the Koodjal Maar Baldjar: Reaching Out Together — Police and Indigenous Gathering Against Family Violence. The Inquiry has made a number of recommendations about staffing, particularly training for staff. The Inquiry found that distrust of WAPS was a barrier to Aboriginal people making complaints of family violence and child abuse. Many Aboriginal communities identified the need for policing services to be more available within their community, particularly within remote communities. The Inquiry found there was a need for policing services to be maintained at all times and endorses the additional 40 new Aboriginal Police Liaison Officers.

The Inquiry endorsed a number of programs including the Integrated Prison Regime, the Indigenous Medium Program and the use of work camps, by the Department of Justice (DOJ.) The Inquiry made a number of recommendations about the importance of therapeutic services for adult and juvenile offenders while in custody. Recommendations were made about the need for better referrals between units within DOJ and the employment and training of staff and volunteers. The Inquiry supports the shift in focus of DOJ from incarceration based interventions to non-custodial options, and notes the need to adequately resource these programs. The Inquiry has also commented on the role and functions of the Office of the Director of Public Prosecutions and of Crown Prosecutors.

The Inquiry found that non-attendance and truancy are the most significant factors affecting the education of Aboriginal students. The Inquiry acknowledges that the Department of Education (DOE) is making significant efforts to increase attendance by Aboriginal children and believes these efforts should continue and be extended. Recommendations were also made about the need for mandatory training for teachers to identify child abuse and the need to respond to children who have a range of needs but do not disclose child abuse. Inconsistencies between the content of current policies and training activities were noted. The Inquiry was advised of the difficulties of attracting staff to remote areas as well as risks to those staff within certain communities. A number of recommendations were made in relation to staffing. The Inquiry was consistently told of the importance of programs within schools to assist children to keep themselves safe and disclose abuse if it occurs. The Inquiry commends DOE on the integration of Aboriginal studies into the mainstream curriculum for all students.

The Inquiry noted recent changes to the role and function of the Department of Indigenous Affairs (DIA) recommended by the Machinery of Government report. The Inquiry has identified a need for the co-ordination of capacity building within Aboriginal communities, with a single agency allocated lead responsibility. The Inquiry suggests that it is appropriate for government to consider further the role of DIA in this regard.

A large number of coordinating activities were examined by the Inquiry. Many of these programs appeared to be effective however the Inquiry identified a need for formalised and simplified structures to be developed to allow for overall coordination. The Inquiry particularly notes that legislative and/or policy changes are necessary for the effective coordination of service provision to Aboriginal communities, particularly in relation to the sharing of confidential information.

The first Term of Reference expressly required the Inquiry to examine the issues raised by the Coroner’s inquiry into the death of Susan Taylor in relation to the way that Government agencies dealt with the issues of violence and child sexual abuse at the SVNC.

The issues examined by the Inquiry included:

  • the activities of a range of agencies involved in providing services to Susan, with the conclusion that there should be no finding adverse to any individual, but that there should be systemic attention given to the management of difficult and complex cases;
  • WAPS investigation subsequent to Susan’s death was found to be unsatisfactory, in line with a WAPS Internal review;
  • the widespread misuse of substances in parts of the Perth metropolitan area and the urgent need to provide services which address this social problem; and
  • access to the SVNC, and the importance of the finalisation of a Memorandum of Understanding between the SVNC and relevant government agencies.

The issues identified by the Coroner and examined by the Inquiry have provided a valuable foundation for the broader ranging exploration of aspects of service delivery under the second and third Terms of Reference.

Section 4 — The way forward

The Inquiry has made almost 200 recommendations and findings. The Inquiry believes it is imperative that an Implementation Body be established to oversight and direct the implementation of these recommendations.

This section recognises the complexity of the service systems responding to family violence and child abuse, the levels of family violence and child abuse and the other significant problems facing Aboriginal communities, and recommends independent mechanisms to oversee the systems that respond to family violence and child abuse. In particular, the Inquiry recommends the creation of a Children’s Commissioner and Deputy Children’s Commissioner (Aboriginal) in recognition of the vulnerability of children, particularly Aboriginal children. A Child Death Review Team, Legislative Impact Statements and further investigation of employment screening activities are recommended. In recognition of the importance of the Children’s Court, recommendations are made in relation to aspects of the court’s activities including the need for representation for parents appearing in the court, and the permanent appointment of a President.

The Inquiry recognises the efforts of all agencies to respond to family violence and child abuse in Aboriginal communities. Nevertheless, the Inquiry has identified that the current service system is not able to adequately address the escalating rates of family violence and child abuse. A community focused systemic response is articulated. This response focuses on the communities rather than the individual agencies which deliver those services. The framework that is presented builds on the previous work of other significant bodies. The important principles of this framework are:

  • the allocation of resources using a model based on disadvantage and need rather than based on capacity to lobby and argue for funds;
  • the use of Local Action Groups (LAG);
  • the integration of funding associated with primary and secondary services to allow for proper continuous integrated service delivery based on clear plans that can make a consistent and significant impact on family violence and child abuse;
  • the use of a community development approach, which uses successful strategies from work in developing countries, whilst acknowledging the centrality of local culture, traditions and structures;
  • the strategic role of the Indigenous Affairs Advisory Committee (IAAC) in providing direction and support; and
  • the development of a ‘one stop shop’ or community centre that responds to the range of factors and problems that are linked to and result from family violence and child abuse. In rural and remote communities, teleconferencing, video conferencing and other forms of electronic support should be provided so that particular expertise can be accessed through government agencies.

The Inquiry identified the need to raise the level of awareness about Aboriginal family violence and child abuse and neglect. While a number of sound programs were identified, they were localised and did not respond to a need identified right throughout the state. The importance of Aboriginal peoples’ involvement in the development and implementation of these programs was noted.

The Inquiry identified the need for a comprehensive integrated response to Aboriginal family violence and child abuse by addressing the underlying factors and current social problems which impact on these problems. The Inquiry found that there is a need for more therapeutic services and recommends that appropriate models be explored including the concept of ‘Healing Centres’.

The particular needs of Aboriginal people in relation to service provision were explored. There needs to be sensitivity to ways of contacting Aboriginal people, there is a need to build trusting relationships, a need for culturally appropriate services, appropriate consultative mechanisms and structures of departments which best support service provision to Aboriginal communities.

A range of staff support, training and retention activities were explored and recommendations made.

Funding processes for non-government agencies were explored and the need for simplified, integrated processes with less bureaucratic requirements was identified whilst acknowledging the importance of accountability.

The Inquiry explored mandatory reporting and recommends that there should be a requirement for certain health professionals to notify instances of sexually transmitted diseases in children under 13 years to DCD.

The Inquiry examined DNA testing and made the assessment that there were no limitations to DNA testing in Aboriginal communities.

Section 5 — Overview

This section contains the full set of findings and recommendations and responds to the Terms of Reference including the additional matters set out in the Terms of Reference.

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[1] Nyoongar’ has also been referred to as ‘Nyungah’. The Inquiry has used this spelling as per the Terms of Reference. Where ‘Nyungah’ has been used, this is part of the title.

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