Changes to ADVOs in NSW

On May 20, 2014, significant amendments to the NSW Crimes (Domestic & Personal Violence) Act 2007 will come into effect. The amendments have two basic effects on policing domestic violence in NSW: 

1. Police will have enhanced powers to direct and detain defendants for the purposes of applying for and serving provisional apprehended domestic violence orders (ADVOs). 

2. Senior police officers will have the power to determine applications for provisional ADVOs. This means that in the majority of cases applications for provisional ADVOs will be made to senior police officers as opposed to 

authorised justices from the Central Justice Panel. 

Police say that the expected benefits for victims and others include: quick and immediate service of provisional ADVOs, improved enforceability of ADVOs, time and resource savings for police and courts due to the ability to ensure service of provisional ADVOs and increased deterrence to DV offenders.

Direction & Detention: Police will have powers to firstly give a direction to a defendant and if this direction is not complied with then police may detain a defendant at a police station. 

Purpose of directions & detention: The purpose of using these powers on a defendant is to control their movements in order to apply for and serve a provisional ADVO. Such control will assist in ensuring the safety of the PINOP (person in need of protection) before, during and after the application process. 

When would police use these direction and detention powers? It is expected that they will be utilised when police suspect or believe that a DV offence has occurred or that one is imminent, but do not have sufficient grounds to commence criminal proceedings but are obligated to apply for a provisional ADVO. This may include situations where victims are reluctant to cooperate with a police investigation. 

Choice of directions

Police will have 6 alternative options to choose from in directing defendants: 

a) To remain at the scene. 

b) To remain at another place where police locate the defendant. 

c) To go to another place that has been agreed to and remain there. 

d) To go to a police station and remain there. 

e) To accompany a police officer to a police station and remain there. 

f) To accompany a police officer to another place that has been agreed to and remain there or accompany a police officer to another place for the purpose of receiving medical attention and remain there. 

We will post further on the changes in NSW as they are introduced.

It's important to note that these changes affect Police ADVOs - personal violence orders will not be affected. 

NSW Government seeks feedback on proposed DFV Reforms - have your say.

Individuals and organisations are strongly encouraged to give feedback on the proposed domestic and family violence reforms in NSW. The proposed reforms include a number of important policies and principles recognising the barriers that prevent LGBTIQ people affected by DFV from reporting, identifying and seeking support. 

In late 2012, the Minister for Family and Community Services announced a new approach to responding to domestic and family violence in NSW through the development of a whole of government Domestic and Family Violence Framework - It Stops Here, Standing together to end domestic and family violence in NSW.

This approach sets to improve the way government agencies and non-government organisations respond to and prevent domestic and family violence across NSW.

The reforms will:

• remove obstacles to important information about the level of threat a person is facing, enabling better identification and support for those whose safety is at serious threat;  
• empower those who work on the frontline to act quickly and efficiently; and  
• focus on prevention and ways to promote healthy respectful relationships. 

As you may be aware, NSW Government is holding a four week period of online public consultation on this new framework ending at 5pm on Tuesday 23 July 2013

Following the period of public consultation, the Department of Family and Community Services (FACS) will incorporate community feedback to the draft framework and resubmit it to the NSW Cabinet for approval with a proposed timeframe for implementation.

Below are the links to relevant websites that identify the documentation and opportunities to provide feedback.

http://www.haveyoursay.nsw.gov.au/

http://engage.haveyoursay.nsw.gov.au/it-stops-here

SECOND NATIONAL LGBTIQ DOMESTIC VIOLENCE CONFERENCE

Save the dates!

SECOND NATIONAL LGBTIQ DOMESTIC VIOLENCE CONFERENCE

"Stronger links for safer communities, because it’s all of our business"

Thursday 19th and Friday 20th September 2013

The National LGBTIQ Domestic and Family Violence Conference is a unique platform which focuses on appropriate service and policy responses to LGBTIQ domestic and family violence (DFV) and innovative prevention programs.

The second national conference will be held in Sydney on Thursday 19^th and Friday 20^th September 2013 at the NSW Teacher’s Federation in Surry Hills.

Building on the success of the first national conference in 2011 and the work we’ve been doing, we have expanded the conference to a two-day event.

This year we have a particular focus on collaborative responses to LGBTIQ DFV in Aboriginal and Torres Strait Islander communities, examples of proven best practice and a range of capacity-building initiatives to help services to make their practice accessible to LGBTIQ people.

We will launch the results of the LGBTIQ Domestic and Family Violence survey (the largest piece of research ever undertaken in Australia on LGBTIQ experiences of DFV), explore ways in which an analysis of LGBTIQ DFV fits within a gendered feminist framework and celebrate wins for LGBTIQ people and their families under the 2013 NSW Government Domestic and Family Violence Reforms.

As always we will be keeping the registration costs low to make the conference accessible to all. 

It is an opportunity to meet some of the leading people working in this exciting field of policy and practice and for services to meet the needs of their local LGBTIQ communities.

The conference is being organised by the NSW LGBTIQ Domestic Violence Interagency Working Group. The interagency includes representatives from government and community organisations working together to prevent domestic violence in LGBTIQ communities and/or provide appropriate services to affected individuals and their families.

This conference will be of interest for anyone interested in violence prevention and response including:

• Federal and State Government services and agencies including health, education, housing, police, justice etc
• Non government organisations i.e. refuges, safe houses, specialist housing services etc
• Court advocacy services, legal services, lawyers.
• Youth services, community and welfare workers.
• Victims of crime and victim’s support organisations.
• Aboriginal and Torres Strait Islander communities and organisations.
• CALD, migrant and refugee support services.
• LGBTIQ community organisations.
• Academics and students in related fields including peace and conflict studies, psychology, sociology, law, social science etc
• Policymakers and researchers.
• Anyone working in the fields of social inclusion, equity and diversity, counselling, behaviour change etc.

REGISTER: We are currently setting up an online registration system and will be opening for registrations week beginning 22nd July.

For further information about the 2013 Conference please contact:

Moo Baulch at the Anti Violence Project ACON on 02 9206 2095 or at mbaulch@acon.org.au

Proud Parenting seminar

Relationships Australia NSW will be holding a seminar for LGBTIQ parents focussing on raising resilient children.

The forum will provide strategies for bringing up childen and consulting with the LGBTIQ community on the needs of families.

Wednesday March 9, 2013

5.30pm- 7.30pm

175-181 Castlereagh St, Sydney

RSVP by March 7 on 02 8362 2888

Tales from the Other Side: stories of survival

ACON’s Anti-Violence Project is looking for people who have experienced domestic or family violence (DFV) in a LGBTI relationship who would like to share their story or experiences on film.

We are developing an important and unique video resource and training tool on DFV focussing on LGBTI personal stories and experiences.

ACON’s Anti-Violence Project supports people who have experienced homophobic, transphobic, domestic and family violence. We also work to create and maintain safer GLBT communities in NSW ACON's Anti-Violence Project

Domestic and family violence in LGBTI relationships can be hidden or misunderstood. We recognise that most LGBTI relationships are based on love and respect, however we also know that some relationships are based on power and control. This can involve emotional, psychological, financial, social as well as physical abuse and violence http://www.anothercloset.com.au/

This video will be used to train domestic and family violence agencies and workers in NSW, as well as to increase awareness of DFV for the LGBTI community.  The video stories will also be available on YouTube and on the ACON website.

The video will help to:

-          increase awareness and understanding of LGBTI DFV for DFV agencies and workers

-          assist agencies meet the needs for LGBTI people experiencing DFV

-          highlight LGBTI people’s experiences of seeking support

-          increase awareness and understanding of DFV for the LGBTI community

We hope to represent a diversity of the LGBTI community, participants and their experiences in this video. Therefore a selection process will be used to help us reflect this diversity.  Furthermore, and diversity is important to us, we will also pay for people to travel from rural, regional and remote areas to participate in this project.

We also hope to use and stories or experiences which are not used in the video in other ways. For instance people’s stories can be included in an update of the ‘Tales from Another Closet’ print resource/publication (used statewide in training). Download the PDF here.

Expenses will be paid and we will be working through a process that gives people the highest possible level of ethical protection, including confidentiality.

The counselling team here at ACON will also offer support to those participating in the project throughout the whole process. Whilst this may not be needed or used by some, it is important for us that everyone is aware that support options will be available throughout the whole process if required http://www.acon.org.au/mental-health/Counselling/Access

For more information about this project please contact Moo Baulch:

Community Health Promotion Officer / LGBTI Domestic and Family Violence /Anti-Violence Project
9206 2095
rknapman@acon.org.au