The Effects of Coercive Control Laws on Indigenous Women and Families

Description

On 7 September 2022 the IJC hosted the above event and the recording is now available to be viewed.

An overview of the content of the recording is as follows:

Kate Fitz-GibbonDirector of the Monash Gender and Family Violence Prevention Centre and a Professor of Social Sciences at Monash University, provides an overview on the progress to criminalise coercive control as a standalone offence by the Australian States and Territories, including work being led at the national level. Kate also provides findings from evidence-based – victim survivor focused research she has undertaken with her colleagues Professor Silke Meyer, Dr Ellen Reeves and Professor Sandra Walklate.

Key notes include:

  • The difference in the approaches being taken by Victoria, Queensland and NSW, including the context in which policy is being applied.
  • The need to establish necessary groundwork for consultation with Indigenous women, families and community.
  • The impacts of enforcement of the offence under existing criminal justice practices.
  • Details of the findings of the victim-survivor’s research.

 

Thelma Schwartzthe Principal Legal Officer of Queensland Indigenous Family Violence Legal Service (QIFVLS), provides an overview of QIFVLS’ services and speaks to the current Queensland legislation and the work undertaken by the  Women’s Safety Justice Task Force to report and make recommendations for the implementation of the criminalisation of coercive control in QLD in their report, Hear her voice Report 1 – Addressing coercive control and domestic and family violence in Queensland. Thelma provides an overview of the relative Closing the Gap targets and the relationship between these and the criminalisation of coercive control. Thelma also refers to current policing practices in responding to Domestic and Family violence and the shift that is required.

Key notes are available in the presentation.

 

Christine Robinsonthe Co-ordinator at Wirringa Baiya Aboriginal Women’s Legal Service, provides an overview of the work undertaken by the service across women and family issues to community legal education and law reform. Christine speaks to how coercive control has a broader effect than just that of an intimate partnership relationship on Aboriginal women, families and their communities.

Key notes include:

  • The need for a holistic approach to understand how coercive control manifests in Indigenous communities, including the tools used by perpetrators and the most appropriate ways to address these.
  • The need for a longer consultation period on the draft bill to educate community and to address concerns. This includes looking into the impacts on community and addressing appropriate enforcement responses for the offence, given this is a victim group that is already marginalised by the criminal justice system.

 

Marisa Moliterno, the program manager for the Miranda Project at the Community Restorative Centre, provides an overview of the program which aims to reduce recidivism and build pathways out of the justice system, by recognising and addressing the social determinants of criminalisation. Marisa speaks to her work with Aboriginal women and the barriers that already exist for this vulnerable group. Marisa highlights increasing criminalisation of behaviours and strategies employed by women to resist domestic and family violence and protect themselves and their children, as well as the lack of a deep understanding of the impact of DFV by criminal justice institutions, which disproportionately impacts Aboriginal women and families.

Key notes are available in the presentation.

 

Sallie Mclean, the Directorof the Law Enforcement and Crime Team in Department of Communities and Justice Policy Reform and Legislation branch, provides an overview of the consultation period for the draft bill and the next steps. Sallie also speaks to the concerns raised in this event and those identified in the consultation responses.

A copy of the Consultation Draft Bill and a Fact sheet were provided.

Key notes are available in the presentation.