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DFV e-Newsletter: August 2018
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Does DFV increase on State of Origin nights?
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A study published on 22 June 2018 by the Centre for Alcohol Policy Research examines the link between State of Origin rugby league matches and incidents of DFV. The study, The Association between State of Origin and assaults in two Australian states, explores whether rates of police recorded assault (both domestic and non-domestic) are higher in New South Wales on State of Origin nights.
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The study examined, in a six year period, recorded domestic and non-domestic assaults in New South Wales and Victoria on Wednesday nights (between 6 pm Wednesday to 6 am Thursday) for the weeks around State of Origin games. Data from Victoria was used as a quasi-control measure, given the substantially lower interest in rugby league in Victoria.
The study found higher recorded assaults of all kinds on Origin Wednesdays for New South Wales, with no significant differences in Origin and non-Origin Wednesdays in Victoria.
Overall, the study found an increase of 40.7% in domestic assaults, 71.8% in non-domestic assaults and 55.2% in total assaults for State of Origin Wednesdays compared with non-State of Origin Wednesdays.
The findings are consistent with other studies into sports viewing, alcohol use and violence. A 2013 Lancashire University study into the links between domestic violence and the World Cup reported that instances of domestic violence in Lancashire increased by 38% when England lost a game and by 26% when England lost during the 2002, 2006 and 2010 World Cups. The incidents reached their peak when England exited the tournament. For the start of the recent 2018 football World Cup tournament, a media campaign was launched in the United Kingdom, which also gained press coverage in Australia (National Centre for Domestic Violence campaign, see picture above).
The study discusses possible reasons for the spike in violence, which may reflect increases in social activities (parties, going to bars etc) as well as increased alcohol consumption. The findings raise significant questions concerning harm reduction efforts – shifting the focus from alcohol promotion for large sporting events, changes in policing practices on game nights. The findings also assist with resource preparations ahead of large sporting events – for police and emergency services, health services and maybe even for our courts.
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The prevalence of acquired brain injury among victims and perpetrators of family violence
A recent study, described as being Australia’s first evidence-based study of brain injury associated with family violence, reports a strong association between brain injury and family violence and significant gaps in service responses.*
Main findings:
- 40% of victims of family violence attending Victorian hospitals over a ten-year period sustained a brain injury.
- 31% of victims of family violence attending Victorian hospitals over a ten-year period were children under the age of 15, and 25% of these children sustained a brain injury.
- Perpetrators of intimate partner violence are twice as likely to have sustained a brain injury as matched community samples.
The research report was commissioned by the Victorian government in response to recommendation 171 of the Victorian Royal Commission into Family Violence ‘that the Victorian Government fund research into the prevalence of acquired brain injuries among both victims and perpetrators of family violence’.
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* The Prevalence of Acquired Brain Injury Among Victims and Perpetrators of Family Violence, 2018, lead by Mr Nick Rushworth, Brain Injury Australia, consortium lead with Monash University, Domestic Violence Victoria, No to Violence incorporating Men’s Referral Service and the Centre for Excellence in Child and Family Welfare.
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Domestic and Family Violence Protection Act 2012 - Handy Hints
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Intervention orders and information for the approved provider
When making or varying a Domestic Violence Order, a court can make an intervention order under section 69, with the agreement of the respondent, requiring the respondent to attend an approved intervention program and/or counselling by an approved provider.
Can information be provided to the approved provider about the court proceeding, to assist the approved provider's work with the respondent? Section 160 prohibits any person receiving a part of the record of proceeding or document used in a proceeding. However, s160(2) contains exemptions to the general prohibition including s160(2)(c) which allows a person expressly authorised by the court to obtain a copy of the record or document. So, a court has the power to expressly authorise an approved provider to receive, for example, a copy of the DV1 application for a protection order in appropriate circumstances.
Do you have any handy hints you would like to share? Please send to Michelle Weaver michelle.weaver@justice.qld.gov.au for inclusion in future issues.
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ETB v Commissioner of Police [2018] QDC 26
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Dearden DCJ
Appeal against sentence imposed for contravention of DVO (nine months concurrent) and common assault (nine months) on four grounds.
Appeal granted:
Sentence imposed manifestly excessive. Sentence for contravention of DVO set aside, substituted with three months imprisonment (concurrent). Sentence for common assault set aside and six months imprisonment (concurrent) substituted.
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Sofronoff P and Morrison and Philippides JJA
Appeal against sentence on grounds manifestly excessive and without proper regard to the mitigating factors.
Court of Appeal allowed the appeal against sentence of 3 months imposed with parole after 1 month and substituted it with imprisonment for 3 months suspended for 2 years. Appellant was 23 years old, first offender and had spent 1 month in custody.
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NBE v PRT & Anor [2018] QDC 29
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Long SC DCJ
Costs on a civil application: Applicant appealed decision to award costs to respondent. Appeal lodged a week late.
Appeal allowed:
Time period for filing appeal extended; decision of Magistrate varied so as to delete order that applicant pay the respondent’s costs of defending the application.
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R v Hutchinson [2018] QCA 29
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Fraser and Morrison JJA and Mullins J
Retrospectively of section 9(10A) Penalties and Sentences Act 1992.
Court of Appeal refused application for leave to appeal against sentence. Amendment is procedural with retrospective operation.
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Dearden DCJ
Sentence. Defendant sentenced to multiple charges including threatening violence, public nuisance, common assault – domestic violence offence, wilful damage, assault or obstruct police.
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Bye v Commissioner for Police [2018] QDC 74
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McGill SC, DCJ
Appeal against sentence, domestic violence offences.
Appeal allowed: sentenced imposed manifestly excessive. Appellant re sentenced.
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R v McConnell [2018] QCA 107
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Sofronoff P and Fraser and Philippides JJA
Appeal against sentence on grounds manifestly excessive; multiple domestic violence offences; applicant 18 at time offences committed, complainant 17. Leave to appeal refused.
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ARS v Queensland Police Service [2018] QDC 103
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Fantin DCJ
Appeal against sentence for failing to appear in accordance with bail undertakings; sentenced to 7 days imprisonment.
Appeal allowed: sentence imposed not appropriate in circumstances.
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BAK v Gallagher & Anor (No 2) [2018] QDC 132
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Muir DCJ
Application for costs of appeal under DV Act where protection order set aside; whether DV Rules of UCPR apply in respect of appeal costs.
Application successful: First respondent ordered to pay appellant’s costs of the appeal.
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Developing a Culturally Appropriate Justice Response
A project is underway to identify the key features of culturally appropriate responses for Aboriginal and Torres Strait Islander people involved in domestic and family violence (DFV) proceedings. The Department of Justice and Attorney-General (DJAG) has engaged KPMG to undertake the project. Access the Factsheet below, which details the project including the planned consultation with Magistrates and court staff.
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Legislation Update
The Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 was introduced on 28 June 2018. The bill amends the Family Law Act 1975 to; prohibit personal cross-examination where there is an allegation of family violence between the parties to the proceedings and certain circumstances are satisfied; provide that if personal cross-examination is prohibited, cross-examination must be conducted by a legal representative; and provide that, if there is an allegation of family violence and personal cross-examination is not prohibited, the court must ensure that there are appropriate protections for the party who is the alleged victim of the family violence. The Legal and Constitutional Affairs Legislation Committee is due to report by 13 August 2018.
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National Risk Assessment Principles of Domestic and Family Violence
ANROWS (Australia's National Research Organisation for Women's Safety Ltd)
27 July 2018ANROWS released the National Risk Assessment Principles on 27 July 2018. The Principles provide an overarching national understanding of risk and managing risk in the area of domestic and family violence (DFV). The principles do not replace existing state and territory frameworks or tools that are currently being used in practice. Instead, they provide a guide for jurisdictions in developing, revising or evaluating risk assessment frameworks, tools and resources for various cohorts (adult survivors, perpetrators, children, other family members). The Principles were developed under a commitment of the Australian Government pursuant to the The Third Action Plan under the National Plan to Reduce Violence against Women and their Children 2010-2022 to develop and implement National Risk Assessment Principles for survivors and perpetrators of violence, based on evidence, including the risks that are present for children and other family members who experience or are exposed to violence (National Priority Area 3, Action Item 3.1). Further information about the National Risk Assessment Principles project is available on the ANROWS website.ANROWS Violence Against Women Accurate use of key statistics
ANROWS (Australia's National Research Organisation for Women's Safety Ltd)
July 2018
ANROWS has produced a quick reference guide to key statistics on violence against women in Australia for the media and other commentators, government officials, academics, sector leaders and community advocates. The stats are based on the most reliable data available in the field and references the source of the data. Read more here.
Resources to address violence against women in Aboriginal and Torres Strait Islander Communities
ANROWS (Australia's National Research Organisation for Women's Safety Ltd)
July 2018
ANROWS has published an updated edition of Resources to address violence against women in Aboriginal and Torres Strait Islander communities. The title is a collated collection of research and other resources covering a range of topics relating to understanding and preventing violence against women in Aboriginal and Torres Strait Islander communities. Read more here.Changing the picture: preventing violence against Aboriginal and Torres Strait Islander Women
OurWatch
2018
Our Watch has recently published a national resource to support the prevention of violence against Aboriginal and Torres Strait Islander Women and Children, funded by the Commonwealth Government Department of Social Services. The report highlights the extreme level of violence against Aboriginal and Torres Strait Islanders women. The drivers of the violence are discussed as are three “Actions” to respond to the violence which directly address the underlying drivers. Read more here.Direct cross-examination in family law matters
Australian Institute of Family Studies
28 June 2018
Direct cross-examination in family law matters: Incidence and context of direct cross-examination involving self-represented litigants. The report sets out the findings from the Direct Cross-examination in Family Law Matters project, which was commissioned and funded by the Australian Government, Attorney-General’s Department. The project explores quantitative and qualitative data relevant to direct cross‑examination involving self-represented litigants in family law matters, derived from court files and audio and transcripts of proceedings, collected from the Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCCoA), together with an analysis of relevant unreported judgments of the Family Court of Western Australia (FCoWA). Read more here.
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* Links to pages on Magistrates Intranet & other pages that are not publicly accessible.
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From the Magistrate's Desk: Issue One
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What would you like to be reading here?
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