Women's Domestic Violence Court Assistance Scheme

Last updated

The Women's Domestic Violence Court Assistance Scheme, commonly referred to by its initialism WDVCAS, comprises a network of organisations in New South Wales which information, advocacy and safety planning for women and their children who are escaping from or in danger of domestic violence. It is a key frontline support service. The Women's Domestic Violence Court Advocacy Service is the New South Wales Government organisation that provides funding and support for the WDVCASes, and ensures that they are operating according to their mandate. It was established in South Australia in July 2015.

Contents

History

The Women's Domestic Violence Court Assistance Scheme (WDVCAS) was originally established by Redfern Legal Centre in March 1990 to provide a range of specialist legal and support services to women at court seeking apprehended violence orders (AVOs). The principles and guidelines of the Scheme required that it be operated by paid staff, who were to be women wherever practicable, and would provide a holistic service including court advocacy to those who were otherwise unrepresented. The model was firmly based on a feminist philosophy. [1]

The scheme initially operated once a week on summons day (Wednesdays) at Redfern Local Court and involved a solicitor and two support workers providing service exclusively to women seeking AVOs. In addition to legal representation, WDVCAS staff assisted women with a range of needs: financial, housing, emotional support and counselling and other legal problems. The scheme co-ordinated assistance from a variety of services to provide women with the holistic support needed for them to attempt change. The scheme had the support of the local magistrate, Lillian Horler, and the court provided exclusive use of a room to minimise the risk of threats or intimidation within the environs of the court. [2] With the assistance of the Chamber Magistrate Service, the WDVCAS were able to assist women bring many successful applications for their protection in circumstances where police had failed to act.

A comprehensive evaluation was conducted and launched by Justice Elizabeth Evatt in August 1991 and recorded the considerable success of the scheme in increasing the numbers of orders secured for the protection of women. The model, including the concept of a safe room, was subsequently expanded and adapted to the conditions and resources available at other local courts, not only in NSW but in other parts of Australia. [3] By 1993 there were 21 community-based organisations participating in the scheme and WDVCASs were spreading quickly. [4] There was also an increase in the use of the Chamber Magistrate Service to assist in drafting private applications in relation to domestic or personal violence, accounting for 25% of their work. [5] This level of service was subsequently discontinued. The original WDVCAS service at Redfern Local Court was also brought to an end in 2004 with the winding down and closure of that courthouse, despite widespread protest. [6]

In 1996 the Legal Aid Commission of NSW provided funding to the Women's Legal Resources Centre (now Women's Legal Service NSW) to provide training, resources and administrative support to the growing numbers of WDVCASs. However, administration of the WDVCAS scheme was subsequently taken over by Legal Aid NSW and the scheme renamed the Women's Domestic Violence Court Advocacy Service, still with the acronym WDVCAS. [7] Demand for the service continued to grow but there was an ongoing struggle to secure adequate funding to meet the demand. [8] [9] By 2018, Legal Aid NSW was administering funding to 29 WDVCAS across the State of NSW operated by a variety of locally-based, incorporated, not-for-profit, NGOs. [10] Service was being provided to women attending 117 Local Courts, with solicitors supplied through Legal Aid's Domestic Violence Practitioner Service. [11]

A peak body, WDVCAS Inc. was established with funding from Legal Aid in 2011 (subsequently renamed Women's Safety NSW [12] ) and began to engage more closely with government agencies including the Department of the Attorney-General and Justice, NSW Victims Services, FACS and NSW Police. [13] In 2015 the Safer Pathways program was introduced which involved WDVCAS working with a team of workers from NSW Police and other government agencies to hold regular Safety Action Meetings (SAM), chaired by police, with the purpose of sharing information and making plans in relation to women identified as being at "serious risk". [14] [15] A Domestic Violence Safety Assessment Tool (DVSAT) was developed for, and administered by police to identify the level of threat to domestic and family violence victims. A system was also introduced for police to refer every domestic violence incident to WDVCAS to provide a response within one working day. However, funding was not increased to meet the increased demand for WDVCAS services generated by this change. [16] Research conducted by BOCSAR subsequently demonstrated that the DVSAT and the Safer Pathway program were ineffective. [17] [18] An evaluation commissioned by government also documented a reluctance to engage in the Safer Pathways program, particularly within the Aboriginal community, due to the involvement of the police. [19] Legal Aid NSW and others have documented that inadequate responses by NSW Police, including an increasing number of women being inappropriately identified as defendants in relation to domestic violence matters, continues to act as a deterrent for women seeking help. [20] [21]

In 2018 the WDVCASes around the state were put out to tender by the NSW Attorney General, Mark Speakman, in a manner similar to that used to dismantle the underpinnings of the NSW Women's Refuge Movement. [22] This move by government caused concern throughout the sector and saw Redfern Legal Centre bow out of the process. [23] The tender process was abruptly cancelled part way but was re-instituted for many of the services in 2020 following re-election of the NSW Liberal Government. [24] [25]

Women's Domestic Violence Court Advocacy Service

The Women's Domestic Violence Court Advocacy Service is the New South Wales Government organisation that provides funding and support for the WDVCASes, and ensures that they are operating according to their mandate. It operates safe rooms in courts and free legal advocacy and support services to women seeking protection orders in relation to domestic violence. [26]

South Australia

The Women's Domestic Violence Court Assistance Service (WDVCAS) was established in South Australia in July 2015, as a response to the inquest into the murder of Zahra Abrahimzadeh at the hands of her estranged husband in Adelaide in 2010. Funded for two years by the victims of crime levy, the services provide information, legal advice, support and representation relating to intervention order. The service is accessible via victim support services in Adelaide, Port Lincoln, Mount Gambier, Whyalla, Port Augusta, Port Pirie and Berri. [27] The service won the 2021 Law Society of South Australia Justice Award, and continues to operate. [28]

See also

Related Research Articles

<span class="mw-page-title-main">Women's shelter</span> Place of temporary protection and support for women

A women's shelter, also known as a women's refuge and battered women's shelter, is a place of temporary protection and support for women escaping domestic violence and intimate partner violence of all forms. The term is also frequently used to describe a location for the same purpose that is open to people of all genders at risk.

The Victims Compensation Tribunal of New South Wales is a former tribunal of the Government of New South Wales that was established to determine the amounts that may be awarded to victims of crime for personal injury in New South Wales, a state of Australia. The tribunal had exclusive jurisdiction to determine the amount which the Victims Compensation Fund of New South Wales would pay to a victim of crime. This tribunal was unique in Australia in that it did not notify nominated defendants of tribunal hearings and therefore did not hear evidence that may exist from such persons.

<span class="mw-page-title-main">Redfern Legal Centre</span> Community legal centre in New South Wales, Australia

Redfern Legal Centre (RLC) is an independent, non-profit community legal centre established in 1977 and located in the Sydney inner-city of Redfern, New South Wales. It is part of a network of four inner-Sydney region community legal centres, including the Inner City, Kingsford, and Marrickville Legal Centres. Redfern Legal Centre is a member of Community Legal Centres NSW, the state peak representative body for community legal centres in NSW and also Community Legal Centres Australia, the national peak representative body for community legal centres across Australia.

A community legal centre (CLC) is the Australian term for an independent not-for-profit organisation providing legal aid services, that is, provision of assistance to people who are unable to afford legal representation and access to the court system. They provide legal advice and traditional casework for free, primarily funded by federal, state and local government. Working with clients who are mostly the most disadvantaged and vulnerable people in Australian society, they also work with other agencies to address related problems, including financial, social and health issues. Their functions may include campaigning for law reform and developing community education programs.

Specialized domestic violence courts are designed to improve victim safety and enhance defendant accountability. There is no one set definition of a specialized violence court, although these types of courts can be either civil or criminal and typically hear the majority of an area's domestic violence cases on a separate calendar. Additionally, these courts are typically led by specially assigned judges who can make more informed and consistent decisions based on their expertise and experience with the unique legal and personal issues in domestic violence cases.

In Australia, domestic violence (DV) is defined by the Family Law Act 1975. Each state and territory also has its own legislation, some of which broadens the scope of that definition, and terminology varies. It has been identified as a major health and welfare issue. Family violence occurs across all ages and demographic groups, but mostly affects women and children, and at particular risk are three groups: Indigenous, young and pregnant women.

The Women's Shelter of South Texas was established in 1978 to provide emergency shelter and support for victims of domestic violence. Services expanded in 1993 to include survivors of sexual assault. New facilities were built in 1994 that allows up to 65 clients. In 1995, the Batterers Intervention and Prevention Program (BIPP) was established. In 1987 the agency expanded to provide services to rural areas in Alice, Beeville, Kingsville, and Sinton. The Shelter wants to include offices and a full staff in each location. The organization continues to educate and prevent sexual assault in South Texas.

Crisis accommodation is housing provided to people experiencing temporary or ongoing conditions of mental or physical health challenges. It aims to remove them from an otherwise harmful environment and allowing them to improve their situations from a safe and stable environment. Situations that may be alleviated through crisis accommodation include but are not limited to homelessness, domestic violence, elder abuse, and child abuse. Crisis accommodation is typically provided through government organisations, not-for-profit organisations and charities. Crisis accommodation is also known as housing subsidies in other words. Crisis accommodation is provided everywhere around the world across various countries. There are other factors such as availability of the services and reasons like poverty and accumulation of debt that affect homelessness which needs to be taken into account in order to solve it as more people tend to look for urgent support when they are facing this crisis.

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

Women's Justice Network (WJN), formerly known as the Women in Prison Advocacy Network (WIPAN), is an incorporated not-for-profit charity based in Sydney, Australia, focused on advocacy around issues affecting female prisoners.

The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians and Torres Strait Islanders and based in the inner-Sydney suburb of Redfern. It now has branches across NSW and ACT, with its head office in Castlereagh Street, Sydney and a branch office in Regent Street, Redfern.

<span class="mw-page-title-main">Safe Horizon</span> Nonprofit organization in the United States

Safe Horizon, formerly the Victim Services Agency, is the largest victim services nonprofit organization in the United States, providing social services for victims of abuse and violent crime. Operating at 57 locations throughout the five boroughs of New York City. Safe Horizon provides social services to over 250,000 victims of violent crime and abuse and their families per year. It has over 800 employees, and has programs for victims of domestic violence, child abuse, sexual assault, and human trafficking, as well as homeless youth and the families of homicide victims. Safe Horizon's website has been accessible for the Spanish-speaking population since 2012. Safe Horizon has an annual budget of over $63 million.

The Women's Legal Service NSW formerly the Women's Legal Resource Centre, is an independent, non-aligned, non-profit organisation funded by the Australian Commonwealth and state governments. It is part of the Community Legal Centre Network. WLS NSW promotes access to justice, particularly for women who are disadvantaged by their social or economic circumstances.

Hitting Home is a Walkley and AACTA winning television documentary series, consisting of two episodes, broadcast on ABC in November 2015. Presenter Sarah Ferguson reported on domestic violence in Australia.

Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law.

The NSW Women's Refuge Movement began in 1974 with the establishment of Elsie Refuge in Glebe, NSW. Other refuges were established throughout the 1970s, operating within a feminist framework and responding to the needs of women and children escaping domestic violence. At first, the refuges were developed through volunteer effort and without government funding. Gradually the government took over funding of the refuges, with the states funding the buildings and the federal government funding the running costs. The NSW Women's Refuge Movement continued to provide services to women with diverse needs and to raise awareness about domestic violence.

Victim Assist Queensland (VAQ) is an agency of the Queensland Government Department of Justice and Attorney-General that provides information, advice and financial assistance to victims of violent crime and domestic violence throughout the State of Queensland. VAQ also overseas the implementation of and complaints under the Queensland Charter of Victims' Rights, provides court support, and coordinates interagency referrals including with the Queensland Police Service.

Bonnie Women's Refuge is a women's refuge located in south-west Sydney, established in 1974. It was the second refuge to open in Australia, following Elsie Refuge, and formed part of the original NSW Women's Refuge Movement which was established to meet the need for specialised housing and support services for women and children escaping domestic violence. The refuge, now operated as a company limited by guarantee with the name Bonnie Support Services Ltd, is registered as a public benevolent institution. It continues to provide vital support and crisis accommodation for women and children experiencing and escaping domestic violence.

Marrickville Women's Refuge, also known as Jean's Place, was a women's support facility formally opened in April 1976. It was one of the earliest refuges to open in New South Wales as part of the original NSW Women's Refuge Movement in response to the need for specialised feminist housing and support services for women and children fleeing domestic violence, following that of Elsie Refuge and Bonnie Women's Refuge. Today, the refuge operates as a company limited by guarantee with the name Marrickville Women's Refuge Ltd, and is registered as a public benevolent institution. The refuge, whilst still known as Marrickville Women's Refuge, has been trading as the Aboriginal Women and Children's Crisis Service since 1 November 2014, after the implementation of the 'Going Home Staying Home' tendering program in New South Wales.

Jenny's Place was established in 1977 and was the first women's refuge in New South Wales' Newcastle region. The establishment of Jenny's Place was integral in the response to the recognised need for feminist housing and crisis services for women and children escaping domestic and family violence, part of the original New South Wales Refuge Movement. It was one of the earliest refuges to open following that of Elsie Refuge, Bonnie Women's Refuge and Marrickville Women's Refuge. Today, the refuge continues to operate as Jenny's Place Inc., and is a registered public benevolent charity.

References

  1. ↑ Blazejowska, Louise; Centre, Redfern Legal (1993). The Women's Domestic Violence Court Assistance Scheme (WDVCAS). [Redfern, NSW] : Redfern Legal Centre. pp. 1, 16 & 19.
  2. ↑ Blazejowska, Louise; Centre, Redfern Legal (1993). The Women's Domestic Violence Court Assistance Scheme (WDVCAS). [Redfern, NSW] : Redfern Legal Centre. pp. 2–4.
  3. ↑ "Calls for court 'safe rooms' for violence victims — ABC News". www.abc.net.au. 8 November 2012. Retrieved 19 May 2020.
  4. ↑ Blazejowska, Louise; Centre, Redfern Legal (1993). The Women's Domestic Violence Court Assistance Scheme (WDVCAS). [Redfern, NSW] : Redfern Legal Centre. p. 11.
  5. ↑ "Law and Justice Foundation - Chamber Magistrate Service". www.lawfoundation.net.au. Retrieved 25 May 2020.
  6. ↑ "Your courthouse will just have to go: minister". The Sydney Morning Herald. 9 December 2004. Retrieved 25 May 2020.
  7. ↑ "History". Women's Legal Service NSW. Retrieved 19 May 2020.
  8. ↑ Olding, Rachel (9 October 2015). "Referrals to domestic violence court services rise sharply amid lack of funding". The Sydney Morning Herald. Retrieved 19 May 2020.
  9. ↑ Visentin, Lisa (21 November 2018). "Call for more funding to meet 'untapped demand' for Legal Aid services". The Sydney Morning Herald. Retrieved 19 May 2020.
  10. ↑ Legal Aid NSW. "Women's Domestic Violence Court Advocacy Program". www.legalaid.nsw.gov.au. Retrieved 19 May 2020.
  11. ↑ Legal Aid NSW. "Domestic Violence Practitioner Service". www.legalaid.nsw.gov.au. Retrieved 19 May 2020.
  12. ↑ Carmody, James. "WDVCAS NSW has changed its name to Women's Safety NSW". Women's Safety NSW. Retrieved 19 May 2020.
  13. ↑ Annual Report 2014–2015. WDVCAS Inc. 2015. p. 13.
  14. ↑ "Safer Pathway – National Plan to Reduce Violence against Women and their Children". plan4womenssafety.dss.gov.au. Retrieved 19 May 2020.
  15. ↑ Partridge, Emma (25 September 2015). "Safer Pathway team helps domestic violence victims rebuild their lives". The Sydney Morning Herald . Retrieved 19 May 2020.
  16. ↑ Olding, Rachel (9 October 2015). "Referrals to domestic violence court services rise sharply amid lack of funding". The Sydney Morning Herald. Retrieved 19 May 2020.
  17. ↑ BOCSAR. "Evaluation of the Safer Pathway Program and the DVSAT screening tool". www.bocsar.nsw.gov.au. Retrieved 19 May 2020.
  18. ↑ Visentin, Lisa (2 May 2018). "Domestic violence scheme failing to protect women". The Sydney Morning Herald . Retrieved 19 May 2020.
  19. ↑ Safer Pathway Evaluation — Final Report. NSW Government. 2019. pp. 124, 127.
  20. ↑ Response to the NSW Legislative Council's Standing Committee on Social Issues inquiry into domestic violence trends and issues in NSW (PDF). Legal Aid NSW. 2011. Retrieved 22 May 2020.
  21. ↑ "Kerr, Anna; Shackel, Rita — "Equality with a vengeance: The over-incarceration of women" [2018] PrecedentAULA 43; (2018) 147 Precedent 20". classic.austlii.edu.au. Retrieved 19 May 2020.
  22. ↑ "Tenders — Department of Justice / Sydney Women's Domestic Violence Court Advocacy Service (WDVCAS) — Australian Tenders". www.australiantenders.com.au. Retrieved 19 May 2020.
  23. ↑ Visentin, Lisa (9 September 2018). "Concern for clients as domestic violence court services put out for tender". The Sydney Morning Herald. Retrieved 19 May 2020.
  24. ↑ "Yet another Berejiklian backflip — this time it is key domestic violence services". Jo Haylen MP. Retrieved 19 May 2020.
  25. ↑ "Tenders — Women's Domestic Violence Court Advocacy Service (WDVCAS) 2020 — Australian Tenders". www.australiantenders.com.au. Retrieved 19 May 2020.
  26. ↑ "Women's Domestic Violence Court Advocacy Program". Legal Aid NSW. Retrieved 16 May 2022.
  27. ↑ Williamson, Brett (14 September 2015). "Free legal service available for victims of domestic violence in South Australia". ABC News. ABC Radio Adelaide. Australian Broadcasting Corporation . Retrieved 16 May 2022.
  28. ↑ "Home". WDVCAS. 16 May 2022. Retrieved 16 May 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.