Social Justice Report 2003: Chapter 5: Addressing family violence in Indigenous communities

Social Justice Report 2003

Chapter 5: Addressing family violence in Indigenous communities

There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address its impact. The intensive scrutiny and public awareness of this issue has not, however, led to sufficient commitments of resources and effort to date. Nor has it led to continuous support for innovative, community led solutions to address the violence or the adoption of an holistic, coordinated approach to it. Overall, there is still not enough action being taken to address this issue with the priority and urgency that it requires.

In light of the significant attention being devoted to this issue in public debate and the need for a more far reaching response, I asked Professor Judy Atkinson and Caroline Atkinson to prepare an overview of the existing approaches of governments to addressing issues relating to family violence in Indigenous communities. Both are respected Aboriginal researchers with a history of conducting research and advocating for improved responses to family violence issues within Aboriginal communities. This chapter is based on the report on current approaches to family violence in Indigenous communities that they prepared for me in the second half of 2003. [1] I thank them and the students of Gnibi - the College of Indigenous Australian Peoples at Southern Cross University - for their contribution to this report. [2]

This chapter provides a broad overview of the current situation regarding family violence in Indigenous communities in Australia from both a statistical and policy and program perspective. It provides an Indigenous specific perspective on family violence. An examination of the western traditional approach to domestic violence, including its narrow interpretation, and the limitations of this approach in addressing violence in Aboriginal communities is presented. Alternative models for addressing family violence in Indigenous communities are also considered. There is a particular focus on restorative justice models and healing approaches, as well as consideration of the vital role of community control, capacity building and governance reform in restoring health and wellbeing to Indigenous communities.

Recent initiatives such as the Prime Minister's family violence roundtable in July 2003 and subsequent commitment of $20 million as a 'down payment' to address family violence issues, the response of the Western Australian government to the Gordon Inquiry's findings, and the focus on family violence issues in several of the COAG whole-of-government community trials, demonstrate a genuine commitment from governments to address family violence issues. This chapter is intended to build on the significant goodwill and commitment of governments to addressing family violence in Indigenous communities. It is intended to promote an understanding of the wide-ranging and multi-faceted issues that contribute to, or affect the responsiveness of government interventions relating to, family violence in order to improve policy responses to it.

Professor Judy Atkinson vividly demonstrates and reminds us of the urgency for identifying and implementing such improvements:

When I started my PhD in 1993, seeking to understand the context of this violence, and find a healing way forward, I was asked by an academic to find words that would explain what I saw as I sat with people who had experienced violence, as children and young people, as adult men and women and as elders.

The word I chose was pain . Layers and layers of pain, and in the unresolved pain the anger and grief that ensures its continuation. We carry this pain across generations, and we pass it down to others in our families and communities.

I came to understand that the pain of a child or a woman, or a man, is the pain of us all. Often we deny the pain we experience in others because it mirrors our pain. Some of us numb ourselves with alcohol and other drugs and other addictive forms of behaviour and some with work. Work that in no way begins to address our needs.

Any Aboriginal person who works in the field, and chooses not to close their eyes and hearts, is haunted by the immensity of the pain.

While government demands statistical evidence, we do not need to count the dead and wounded as data for institutional archival files. We daily bury our dead and are so shell-shocked we can neither fully grieve our losses nor properly tend our wounded.

What is important now is we truthfully name the pain in its many shapes and forms, and make the connections between the feelings and the behaviours that ensure, if we do not get about the work of healing, that it will continue across the generations. [3]

Indigenous perspectives on family violence

Violence is undermining our very life's essence, it is destroying us, and there are very few Aboriginal families that are not struggling with the debilitating effects of trauma, despair and damage resulting from their experiences with violence. [4]

Indigenous concepts of violence are much broader than usual mainstream definitions of domestic violence. [5] For Indigenous peoples, the term family violence better reflects their experiences.

Family violence involves any use of force, be it physical or non-physical, which is aimed at controlling another family or community member and which undermines that person's well-being. It can be directed towards an individual, family, community or particular group. In Tjunparni: Family Violence in Indigenous Australia family violence is defined as behaviours and experiences including:

beating of a wife or other family members, homicide, suicide and other self-inflicted injury, rape, child abuse and child sexual abuse. When we talk of family violence we need to remember that we are not talking about serious physical injury alone but also verbal harassment, psychological and emotional abuse, and economic deprivation, which although as devastating are even more difficult to quantify than physical abuse. [6]

Family violence is not limited to physical forms of abuse. It also includes cultural and spiritual abuse:

People get hurt physically - you can see the bruises and black eyes. A person gets hurt emotionally - you can see the tears and the distressed face - but when you've been hurt spiritually like that - it's a real deep hurt and nobody, unless you're a victim yourself, could ever understand because you've been hurt by someone that you hold in trust. [7]

Family violence in Indigenous communities also takes place in the broader context of violence committed at a systemic level:

It is violence to move people forcibly from their place of birth and to dump them in strange places... It is violence to separate family members by policy or by designed economic hardship and necessity. It is violence to classify people by race in order to deny privileges to some and heap privileges on others. It is violence to systematically deny the most basic human rights in the service of such a system. The obvious physical violence that reaches wide attention is the merest tip of the iceberg of such ignored, routinized, structural violence. [8]

Hence, it is crucial to acknowledge the impact of broader systemic violence when considering the impact of family violence in Indigenous communities. It is vital that definitions of violence incorporate not only physical dimensions, but also emotional, social, economic, spiritual and institutional dimensions. The expansive framework of family violence is imperative in developing and implementing broad, holistic, prevention/intervention strategies at various levels of critical need.

Such a frame of reference brings into focus the interconnecting and trans-generational experiences of violence within Indigenous families and communities. As Caroline and Judy Atkinson state:

The term Family Violence is more suitable as it brings focus to the trauma of the interconnecting and trans-generational experiences of individuals within families, to show the continuity between how Indigenous peoples have been acted upon and how in turn they may then act upon others and themselves. [9]

Further, family violence embraces the historical nature of violence occurring in Indigenous communities, including the violence perpetrated by non-Indigenous people. As Harry Blagg states:

[F]amily violence ... represents an historical narrative about the collective suffering of a people, rather than a simple term demarcating a discrete social problem or one specific set of power relationships. [10]

A critical aspect of this broader conception of what constitutes family violence is that it recognises the centrality of Indigenous culture in framing the experiences, choices and ultimately the responses to violence, of Indigenous women:

In understanding Aboriginal world views in relation to Family Violence, it has to be understood that an Aboriginal woman cannot be considered in isolation, or even as part of a nuclear family, but as a member of a wider kinship group or community that has traditionally exercised responsibility for her wellbeing as she exercises her rights within the group. [11]

This factor is often overlooked by current policies and other intervention strategies aimed at addressing violence against women which are primarily guided and directed by a liberal feminist framework. The major criticism of western feminist based intervention strategies for dealing with violence against Indigenous women is that they have evolved from the very structures that served to subordinate and oppress Indigenous peoples. Moreover they embody white middle class women's experiences. Indigenous women, however:

do not have a purely gendered experience of violence that renders them powerless. They, along with their men, experienced and continue to experience, the racist violence of the State. Aboriginal women do not share a common experience of sexism and patriarchal oppression, which binds them with non-Aboriginal women in a unified struggle ...

The notion of patriarchy is foreign to traditional Aboriginal communities, which were relatively separate but equal in terms of male/female roles. While Aboriginal societies were gendered, women were not victims of men's power, but assertively affirmed their place and role in the community. According to Berndt & Berndt (1964) this provided both independence yet an essential interdependence between gender groups. [12]

Accordingly, Indigenous women's experience of discrimination and violence is bound up in the colour of their skin as well as their gender. Strategies for addressing family violence in Indigenous communities need to acknowledge that a consequence of this is that an Indigenous woman 'may be unable or unwilling to fragment their identity by leaving the community, kin, family or partners' [13] as a solution to the violence.

As Harry Blagg notes, choosing to leave the family 'with all its complexly embedded ties of mutual responsibility and obligation, and connection with country and culture - is not an option'. These 'considerable limitations on the ability of Aboriginal women to abrogate responsibilities to family' must be accepted as 'the starting point - rather than the problem - in victim support'. [14]

A practical example of how this manifests is the different way that Indigenous and non-Indigenous women use refuges and shelters. The latter tends to use them as an exit point from abusive relationships, whereas Indigenous women use them as a temporary respite. [15]

Liberal feminist approaches to domestic violence also tend to emphasise the experience of the victim, as opposed to the experiences of the perpetrator. This differs from an Indigenous community-based perspective, which includes the issues of both perpetrator and victim. Indigenous women are saying that men's issues must also be addressed if real solutions are to be found and lasting changes are to happen.

Overall, these factors point to the need to recognise that:

The unique dimensions of violence against Aboriginal women are a result of complex factors and socio-historical and contemporary experiences and must be considered when attempting to provide solutions that are relevant to the specific situations and needs of Aboriginal women. Solutions to problems, no matter how well-intentioned, can create further problems for subordinated groups within a society, particularly when the 'solutions' are based in a systemic structure that has functioned abusively on the subordinated group. [16]

Of particular concern in this regard is that the typical 'western' response to family violence is to criminalise such behaviour through specific domestic violence legislation, with the strong possibility of imprisonment being the outcome for those convicted of offences. As Caroline and Judy Atkinson note, however, 'tighter controls from the criminal justice system in dealing with violence against Indigenous women can in fact make their situation worse' . [17] They argue:

Aboriginal women say that when their men go to jail, they emerge more violent, and their voices are ignored. Because of this, and despite having no real option apart from the criminal justice response, these women are still hesitant to use the legislation to its full intent. Whilst it is important to acknowledge that violence against women is an offence, the question that needs to be asked in relation to Aboriginal perpetrators, is how can we also recognise that their behaviours have been influenced by the violence of the State against Aboriginal communities, while at the same time holding perpetrators accountable and providing programs whereby the perpetrators are able to change their behaviour?

What has been revealed is that using Western law in isolation is not necessarily a viable option due to issues of access, particularly for women in isolated and rural communities, and a general reluctance to use the criminal justice system based on past and present experiences of abuse ... [18]

An emphasis on criminal justice responses to family violence poses two main concerns for Indigenous women. The first is that the system is generally ineffective in addressing the behaviour of the perpetrator in the longer term. The effect of imprisonment is to remove them from the community and then, without any focus on rehabilitation or addressing the circumstances that led to the offending in the first place, to simply return them to the same environment.

The second is that there are a range of barriers in the accessibility and cultural appropriateness of legal processes which discourage Indigenous women from using the criminal justice system in the first place. Such barriers include an historic distrust of the police and legal processes which has developed due to factors such as an historically high level of police surveillance of Indigenous peoples; [19] a negative relationship with police due in part to the over-representation of Indigenous peoples, including Indigenous women, in public order and other petty offences; as well as experiences of inaccessible and culturally inappropriate court processes. [20]

It is not being suggested that incidents of family violence in Indigenous communities should be condoned or that responsibility of perpetrators be diminished. Instead, these barriers, highlight a failure to acknowledge the unique characteristics of Indigenous family violence has the potential to render approaches for dealing with this violence ineffective, with the consequence that Indigenous women ultimately do not enjoy the protection of the law.

Accordingly, responses to family violence in Indigenous communities need to be cognisant of these broader issues and responsive to them. I return to current initiatives and proposals for making the criminal justice system more responsive in protecting Indigenous women from family violence later in this chapter.

The extent of family violence in Indigenous communities

There are significant deficiencies in the availability of statistics and research on the extent and nature of family violence in Indigenous communities. Data that is available tends to be confined to situations where there has been a criminal justice or welfare intervention, and also significantly under-counts the true extent of family violence due to under-reporting by Indigenous peoples.

Recent reports such as the Gordon Inquiry in Western Australia and the Cape York Justice Study in Queensland, for example, have relied on the limited available data rather than gather new quantitative evidence. The 2001 report Violence in Indigenous Communities , commissioned by the Commonwealth Attorney-General's Department, provides the most recent and comprehensive analysis of the available data and is consistently cited by other reports on the subject. [21] It is anticipated that the Indigenous General Social Survey, conducted by the Australian Bureau of Statistics in 2002, will provide some new information when it is published in mid-2004.

Despite this dearth of statistics, numerous inquiries have concluded that rates of family violence are significantly higher among Indigenous peoples than for other Australians. Statistics and research dating back to the 1980s also reveal that this situation has existed for at least the past two decades with no identifiable improvement. [22]

At the national level, the Steering Committee for the Review of Government Service Provision's national report on key indicators of Indigenous disadvantage for 2003 notes higher rates of substantiated child protection notifications for Indigenous children, as well as higher rates of deaths from homicide, hospitalisation for assault and of being a victim of murder, assault, sexual assault and domestic violence for Indigenous peoples than for non-Indigenous peoples. [23] The report identifies that in Western Australia the rate for substantiated child protection notifications is 8 times higher than for non-Indigenous children. Caution must be taken in interpreting these figures in terms of rates of violence however. For instance, there is a clear trend for Indigenous children to be substantiated on the basis of neglect rather than abuse.

Significantly, there are real variations in the pattern of substantiations for Indigenous and non-Indigenous. For example, sexual abuse is reported at a higher rate among non-Indigenous children, although this may simply reflect a lack of reporting in Aboriginal and Torres Strait Islander communities. Similarly, the over-representation of Indigenous children in the reporting statistics may be due to over-monitoring of some Indigenous communities.

A further key concern highlighted in the Steering Committee's report was the high rates of hospitalisation experienced by Indigenous Australians. Data collected by the Australian Institute of Health and Welfare (AIHW) revealed that per 1000 Indigenous people entering hospital 13.3 were admitted due to an assault, whereas the figure is only 1 in 1000 for non-Indigenous people. The figures for Indigenous females were highest in Western Australia (27.2 per 1000) and the Northern Territory (25.7). These rates are approximately 10 times higher than those of the non-Indigenous female population. These figures may, however, reflect a number of factors of which family violence is but one. [24]

The available statistics for the Indigenous adult population equally presents a grave picture. The Australian Institute of Criminology analysis of Indigenous and non-Indigenous homicides in Australia found that between 1989 to 2000 Indigenous persons comprised 15.1% of all homicide victims and 15.7% of all homicide offenders, even though Indigenous people make up only 2.1% of the total population of Australia. [25] In relation to family violence 54.2% of Indigenous homicides occurred between family members, in contrast with 38.1% of non-Indigenous murders occurring between family members.

Available statistics also suggest that there is a clear link between alcohol and drug misuse and violence within Indigenous communities, with between 70 and 90 percent of all assaults being committed while under the influence of alcohol or drugs. [26]

In Queensland, the Aboriginal and Torres Strait Islander Women's Violence Task Force Report on violence in Indigenous communities (the Robertson report) from 1999 identifies the following statistics which relate to Queensland Indigenous communities:

• In 1988, the Queensland Domestic Violence Task Force estimated that domestic violence affects 90 per cent of Indigenous families living in Deed of Grant in Trust (DOGIT) communities; [27]

• Barber, Punt and Albers reported over 70 per cent of all assaults on Palm Island were committed against females, and most of these involved 'boyfriends or husbands who were said to be drunk at the time'; [28]

• In another North Queensland community, with a total female population of 133 women over 15 years of age (107 were over 20 years of age), there were 193 cases of injuries due to domestic assault in a twelve-month period to 30 June ߆ [29]

• The Study of Inquiry in Five Cape York Communities in 1997 found that 86 per cent of domestic violence injuries affected people in the 16-44 years age group and that 91 per cent of these injuries were suffered by women; [30] and

• The Queensland Office of the Director of Public Prosecutions (DPP) 1997 report Indigenous Women within the Criminal Justice System found sufficient evidence to suggest that the degree of violence being experienced by Indigenous women was much higher than the statistics recorded. [31]

The key findings of the Robertson report into violence in Indigenous communities in Queensland concluded that:

• Dispossession, cultural fragmentation and marginalisation have contributed to the current [family violence] crisis in which many Indigenous people find themselves;
• A more rigorous understanding of the impact of high unemployment, poor health, low educational attainment and poverty on the incidence of family violence is warranted;
• Family violence in Indigenous communities has a critical issue for many years which is continually recognised by Indigenous communities as being a problem;
• At times, government representatives appeared to regard violence as a normal aspect of Indigenous life, therefore, interventions were dismissed as politically and culturally intrusive in the newly acquired autonomy of Indigenous communities;
• Violence in all its forms, whatever its locale and in any circumstances, is unacceptable, and both Indigenous and non-Indigenous peoples must work together to help in its eradication;
• While governments have made funding available to address the issues pertinent to violence in the lives of Indigenous peoples, only minimal intervention has occurred to date;
• Violence in Indigenous communities must be stopped through proactive intervention as opposed to prevention alone; and

• A whole of government approach to tackling violence is required along with Indigenous people taking responsibility to repair the broken lives as a result of violence. [32]

The Cape York Justice Study similarly noted that up to 90% of families living in DOGIT communities are affected by violence. This Study also revealed that abuse of Elders is increasing:

Research in the Rockhampton area concluded that abuse of older people is a relatively recent phenomenon in Aboriginal communities following colonisation, and is related to the loss of traditional culture and values, including respect for elders. [33]

In Western Australia, the Gordon Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities in Western Australia identifies the situation as follows:

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. Aboriginal women account for 3 percent of the population but 50% of domestic violence incidents reports to police. Aboriginal children were the subject of substantiated child abuse at more than 7 times the rate of non-Aboriginal children. These figures stand within the context of under reporting. [34]

An earlier study on domestic violence in Western Australia concluded that:

The rates of domestic violence amongst Aboriginal women were staggering. Although these women make up only 3% of the adult female population in WA, they accounted for half of the domestic violence incidence reported to the police in 1994. Based on police figures Aboriginal women are more than 45 times more likely than non-Aboriginal women to be victims of domestic violence. [35]

That study also noted that it was not only Indigenous men who were the perpetrators of violence against Indigenous women but increasingly Indigenous women are becoming violent against other Indigenous women. [36] It has also been suggested that the violence perpetrated by Indigenous women against Indigenous women, comes in part from the sexual and psychological violence they themselves have experienced. [37]

Statistical data from the NSW Bureau of Crime Statistics and Research (BOCSAR) shows that in New South Wales:

• Aboriginal females are four times more likely than other females to be a victim of murder;
• Aboriginal females are four times more likely to be a victim of an assault or domestic violence;
• Aboriginal females are seven times more likely to be a victim of grievous bodily harm;
• In 73 percent of sexual assaults where the victim was Aboriginal the offender was also Aboriginal;
• In 80 percent of assaults where the victim was Aboriginal, the offender was also Aboriginal; and

• In 85 percent of domestic violence related assaults, where the victim was Aboriginal, the offender was also Aboriginal. [38]

In a 2001 discussion paper, the NSW Aboriginal Justice Advisory Council (AJAC) also cited statistics compiled from BOSCAR which reveal that:

• Approximately 270 per 100,000 of alleged sexual assault offenders in NSW are Aboriginal and Torres Strait Islanders in comparison with only 90 per 100,000 of the general NSW male rate. That is, Aboriginal men are 3 times more likely than the general population to be sexual assault offenders.
• At least 130 per 100,000 Aboriginal and Torres Strait Islander men are alleged child sexual assault offenders compared to only 50 per 100,000 of the general population. That is, Aboriginal men are 2.6 times more likely than non-Aboriginal men to be child sexual assault offenders.

• Approximately 3400 per 100,000 Aboriginal and Torres Strait Islander men are alleged domestic violence assault offenders compared to 550 per 100,000 of the general population. That is, Aboriginal men are 6.2 times more likely than non- Aboriginal men to be the offender of (domestic) violence. [39]

The NSW Aboriginal Justice Advisory Council observe that:

The facts indicate a significant level of over representation of Aboriginal males in the criminal justice system for family violence related offences and [in rates] of Aboriginal victimisation... [40]

The discussion paper further claims that:

• 68% of Aboriginal women surveyed said they had been abused as a child, and approximately 75% of those women said they were sexual assaulted as children. Over 82% of those women did not tell anyone what had happened. In some instances the women revealed that the survey was their first point of disclosure.
• Approximately 68% of women abused as children said they still need counselling and or support to deal with the abuse they had suffered as children.
• Over 73% disclosed that they were victims of abuse as adults. Of those women who were assaulted as adults, 42% had been sexually assaulted, 6% of those disclosed they were sexually assaulted by a relative, 79% were physically assaulted (including family/domestic violence).

• 61% of those women abused as adults said that they did not tell anyone what was going on at the time. [41]

The paper comments that:

at least 80% of the women surveyed said that their experience of abuse was an indirect cause of their offending. Some women revealed that the underlying cause of their drug and criminal habits was to avoid dealing with, or because they had not been able to address, the abuse that they had suffered as a child, in particular child sexual assault. A significant number of women interviewed suggested appropriate ways to deal with abuse, nearly all which included Aboriginal healing programs, in particular involvement with Elders. [42]

In 2003 AJAC conducted research into the experiences of Aboriginal women in New South Wales prisons which revealed that:

• 70% of the women participating in the survey said that they been sexually assaulted as children;
• Of this group 98% say they now have a drug problem;
• 78% said they had been victims of abuse as adults;
• 44% said they had been sexually assaulted as adults and 5% said they had been sexually assaulted by a family member; and

• Approximately four in five said they had experienced domestic violence. [43]

In 2000, the South Australian report Reshaping Responses to Domestic Violence detailed that:

• 90% of Aboriginal families are affected by family violence;
• Aboriginal men are four times more likely to die a violent death than non-Aboriginal men, and women are six and half times more likely to die a violent death than non-Aboriginal women;
• The incident rate of domestic violence for Aboriginal women is 45 times higher than for non-Aboriginal women;
• Aboriginal women are more likely to be killed as a result of family violence as compared to non-Indigenous women - their rate of homicide is 10 times that of all Australian women; and

• South Australian Government statistics suggest that the instances of family violence are 'likely to be between seven and 16 times higher than rates among non-Aboriginal people'. [44]

The Northern Territory Law Reform Committee noted in 2003 that 'family violence is a major concern for Indigenous people, eclipsing issues such as property crime'. [45] They summarise research on family violence as follows:

• rates of violence in Aboriginal communities are significantly higher than in non-Aboriginal communities;
• improving the situation for Indigenous victims requires a whole of government approach;

• programs need to be delivered within a cultural framework as only Indigenous people can challenge the myth of Aboriginal male entitlement to violence;

• strategies must include recognising Aboriginal law as fundamental to the long term health of Indigenous communities;

• Aboriginal youth are the most vulnerable gourp in society to become the direct or indirect witnesses of violence. [46]

The 2002 Tasmanian report on family violence - ya pulingina kani - Good to See You Talk - documents in a narrative form the stories of experiences of Tasmanian Aborigines with violence. It demonstrates the devastation of family violence in Indigenous communities in Tasmania and most importantly, the desires of the community to take responsibility for it, work in partnership with government to address and to heal. [47] The report recommends:

• Reciprocity through the government forming an Indigenous Violence Working Party to enable healing of Indigenous Tasmanians, the provision of adequate funding to implement the strategies the community wants and that the stories contained within ya pulingina kani are protected;

• Healing by training Aboriginal participants in the grief and healing work;
• Partnerships between the Aboriginal community, government and community service providers; and

• Funding of Indigenous art, performance and culture to bring out the stories of ya pulingina kani to mainstream Tasmania. [48]

The findings of these reports, and of the available statistical data, indicate the existence of serious problems relating to family violence in Indigenous communities and the need for governments to address these issues as a matter of the highest priority, in partnership with Indigenous peoples.

Government Responses to Family Violence in Indigenous communities

Addressing family violence is a shared responsibility between all levels of government with prime responsibility resting with health and community service agencies in federal, state and territory governments. A list of recent inter-governmental, federal, and state/territory initiatives follows.

1) Commonwealth Initiatives

The main program at the federal level for responding to family violence issues is the Partnerships Against Domestic Violence (PADV) scheme administered by the Department Family and Community Services. This was launched in 1997 at the National Domestic Violence Summit. The federal government has allocated $50 million to PADV over the 1999-2003 quadrennium, including $6 million for the Indigenous Family Violence Grants Program. [49]

The Ministerial Council of Aboriginal and Torres Strait Islander Affairs (MCATSIA) Working Group on Family Violence established a set of principles for funding community-based organisations addressing family violence. These principles have now been incorporated into the design of the National Indigenous Family Violence Grants Program under the PADV. [50]

In 2000, 30 Indigenous organisations from across Australia received funding of $2.2 million for 31 projects addressing family violence. Three of these were funded through ATSIC, with the majority of the remaining initiatives funded through the Department of Family and Community Services. [51]

There was no new funding for Indigenous family violence in the 2001-02 or 2002-03 Budgets. It was revealed, however, that the Office for the Status of Women underspent by $4.3 million in administering its programs for domestic violence in 2001-02. ATSIC claimed they could easily have spent this funding on programs to improve community safety for Indigenous women and children. [52]

There was new funding in the 2003-04 Budget to ATSIC under its 'working for families' initiative. This funding was for the wages component of 1000 additional places in the CDEP program over 4 years [53] at a cost of $61.5 million to address family violence and substance abuse issues. ATSIC is providing on-costs components for the initiative from its existing budget allocation. The focus of the initiative is on remote Indigenous communities.

In July 2003, the Prime Minister held a national roundtable on Indigenous family violence. Following the roundtable, a working group was established to advise the Prime Minister on ways of advancing strategies to address family violence in Indigenous communities. ATSIC Commissioner Alison Anderson, Lowitjia O'Donoghue, Jackie Huggins and Ian Anderson were selected from the national roundtable to form this working group to draft a family violence strategy with the aid of government representatives. [54] At the time of forming the working group it was envisioned that the draft family violence strategy would inform the public about the violence crisis as well as be discussed and supported by COAG . [55]

Subsequent to the roundtable, the Prime Minister announced a commitment of $20 million as a 'down payment' to address the consequences of violence in Indigenous communities. [56] It is anticipated that there may be further budget announcements in the 2004-05 budget. The approach to addressing family violence in Indigenous communities proposed by the Prime Minister includes focussing on support for non-government organisations; diversion programme for alcohol and drugs; communities in crisis; and community initiatives to combat sexual assault. [57]

The Prime Minister advised the community that he will seek COAG's support for his approach to family violence. COAG has not yet endorsed his family violence approach. However, despite the absence of COAG's support, in December 2003, the new Minister for Immigration, Multicultural and Indigenous Affairs renewed the government's commitment to addressing family violence when she announced that in 2004 she will be focussing on Indigenous governance and family violence with a particular emphasis on harnessing women's leadership. [58]

2) ATSIC initiatives

As the peak advisory body for Indigenous affairs, ATSIC provides another major avenue for Commonwealth funding of Indigenous Family Violence programs and policy advice in this area. Historically, approximately 70 percent of ATSIC's budget has been quarantined, with the remaining discretionary funds to be spread across a range of social, cultural and economic programs, including family violence.

In recent years, ATSIC's expenditure on family violence initiatives has increased from $4.9 million for the financial year 2001-02 [59] to $8.2 million in the financial year 2002-2003. [60]

In 2002-2003 this included $4.69 million through its Legal and Preventative Program on 13 Family Violence Prevention Legal Services (FVPLS) to provide support to the victims of violence and sexual assault and to work with the families and communities affected by violence. The services provided by the FVPLS include:

• legal assistance;
• information and referral (eg medical help, food, clothing and accommodation);
• crisis counselling and ongoing support;
• court support and other support and awareness raising activities;
• community education, consultation and planning;
• production of publications and other resources; and
• advocacy.

These FVPLS are located in Kempsey, Moree and Walgett in NSW; Cairns (Cape York) and Mt Isa in Queensland; Port Augusta in South Australia; Kalgoorlie, Fitzroy Crossing, and Geraldton in Western Australia; Darwin, Katherine and Alice Springs in the Northern Territory; and Melbourne in Victoria. A further FVPLS will be established in 2003-04 in Victoria, and each service will also receive additional technical and administrative support, with an emphasis on specialised training to increase capacity in sexual abuse services.

$3.4 million was also spent on Regional Council family violence projects in 2002-03. [61] The type of initiatives supported includes alcohol restriction trials; family violence prevention/outreach workers providing support and referral to women escaping violence; safe houses for women and children; youth and children's services; men's and women's counselling and support groups; night patrols; men's, women's and youth conferences; service evaluation; and strategic planning.

During 2001-02, ATSIC also convened a series of roundtable meetings on family violence in accordance with commitments it had made to the Ministerial Council for Aboriginal and Torres Strait Islander Affairs (MCATSIA). [62] These roundtables included separate men's and women's roundtables, in October 2001 in Adelaide and September 2001 on Palm Island respectively, as well as a combined roundtable to consider culturally appropriate responses to family violence. [63]

As a result of these roundtable meetings, ATSIC has created a National Indigenous Working Group on Violence to lobby for the coordination of programs and the resourcing of community-driven approaches to violence based on Indigenous self-determination. The NIWGOV operated from February to December 2002 and played an integral role in informing the development of the ATSIC Family Violence policy. [64]

The most significant development from ATSIC on family violence to date is the adoption by the ATSIC Board of a national family violence policy statement and action plan in March 2003. The ATSIC Commissioner's national statement is reproduced on the next page.

• Family and sexual violence is not part of the Aboriginal or Torres Strait Islander culture.
• We will stand against it in our communities and personally commit to changing and reducing its escalating and unacceptable levels.
• We must help break the silence by empowering our peoples to speak out and at the same time protect them from reprisals.
• All interventions must focus primarily on the child and must be culturally appropriate.
• Women, children and men have the same rights before the law and their interests must be represented equally in public policy.
• At the national, community and state level we will advocate for action and monitor and report on progress to achieve a significant reduction in the elimination of family violence, in line with our statutory obligations.
• We will formally partner government, non-government and community in developing a responsible, coordinated and holistic approach to bring about change and healing for Indigenous family violence.
• We will place the highest priority on delivering locally appropriate strategies
• We will engage all levels of our communities through capacity building and collaboration, building on their strengths and resources in advocating action to eliminate the underlying causes of family violence.

This policy includes a Family Violence Action Plan [65] which identifies the following three guiding principles:

• Interventions must focus on children and young people and provide protection;
• Women and children have the same rights as men before the law and their interests must be represented equally in public policy; and
• Adults deserve to be supported to break the pattern of violence by working with victims and perpetrators to prevent and reduce family violence.

The Action Plan also recognises that:

• All individuals have the right to be free from violence;
• All forms of family violence are unacceptable;
• Most forms of family violence are against the law and must be dealt with accordingly;
• The safety and wellbeing of those subjected to family violence must be the first priority of any response;
• Those who commit family violence must be held accountable for their behaviour;
• Those who commit family violence are in need of appropriate interventions; and
• The community has a responsibility to work toward the prevention of family violence and to demonstrate the unacceptability of all forms of family violence.

The Action Plan identifies four key areas for action to address family violence in Indigenous communities:

• Develop an overarching family policy framework that incorporates prevention of violence in families.
• Take a lead role in identifying and promoting new initiatives to reduce family violence.
• Engage with Commonwealth and State government agencies, non-government agencies and communities to work in partnership on family violence strategies.
• Support and strengthen the capacity of ATSIC Regional Councils to develop, implement and monitor family violence action plans.
• Enhance the capacity of ATSIC to develop and implement (appropriately resourced) initiatives at the national and local level.

Over the past six months various regional councils have endorsed the national family violence policy by announcing their region-specific action plans to combat family violence. In particular, the Yilli Rreung Regional Council in the Northern Territory, the Many Rivers and Kamilaroi Regional Councils in New South Wales and the Central Queensland Regional Council have all expressed support for the national policy and announced plans to address family violence in their respective regions. [66]

3) Inter-governmental initiatives

The Council of Australian Governments (COAG) has made a commitment to address family violence and other forms of social dysfunction in Indigenous communities in its communique on reconciliation of 3 November 2000. It committed itself to an approach based on partnerships and shared responsibilities with Indigenous communities, program flexibility and coordination between government agencies, with a focus on local communities and outcomes.

Family violence is to be considered within the priority action area of 'reviewing and re-engineering programs and services to ensure they deliver practical measures that support families, children and young people'. [67] As discussed in chapter 2 of this report, COAG also agreed to take a leading role in driving changes, with the various Ministerial Councils to develop action plans, performance reporting strategies and benchmarks.

Reconciliation Australia stated in their Reconciliation Report Card for 2002 that progress had been slow in addressing family and community violence, despite the COAG commitment of November 2000. [68] Progress in responding to Reconciliation Australia's call for an audit of services, capacity-building and identification of best practice models for addressing violence had been particularly slow. COAG itself also reported that ministerial councils progress in developing action plans under the reconciliation framework has been slower than expected. [69]

In April 2002, COAG commissioned the Steering Committee for the Review of Government Services to produce a regular report against key indicators of Indigenous disadvantage. The finalised framework is discussed in detail in chapter 2 of this report. Issues relating to family violence are included within the headline indicators and strategic change indicators of the framework.

In 2003, northern Tasmania was identified as a trial site for the COAG whole-of-government community trials. This trial is particularly focussing on family violence issues. This focus arose out of the report commissioned by the Tasmania government on Indigenous family violence, ya pulingina kani - Good to see you talk . The COAG trials are discussed in detail in Chapter 2 and Appendix 2 of this report.

On 28 July 2001, MCATSIA was addressed for the first time by an Indigenous delegation, which consisted of representatives from the ATSIC Indigenous Women's Roundtable. MCATSIA agreed to conduct an audit of existing Indigenous family violence strategies, and to a seven-point strategy for addressing Indigenous family violence by focusing on:

• reducing alcohol and substance abuse;
• child safety and well-being;
• building community capacity (including cultural strength);
• improving the justice system;
• creating safe places in communities;
• improving relationships (focusing on perpetrators and those at risk of offending); and

• promoting shared leadership. [70]

Two and half years after the commitment to conduct the audit of family violence strategies, MCATSIA has not finalised or released the audit.

4) Significant State and Territory initiatives

New South Wales

The New South Wales Aboriginal Justice Advisory Council and the New South Wales Attorney General signed an Aboriginal Justice Agreement on 13 June 2002. The overall aims of the Aboriginal Justice Agreement are to improve Aboriginal access to justice and improve the quality and relevance of justice that Aboriginal people receive. [71] It provides a framework for ongoing partnership in addressing justice issues and allows Aboriginal people to take leadership and make key decisions in solving their own justice problems.

The Justice Agreement includes among its key actions local community justice forums, which provide a mechanism for addressing local justice concerns through local solutions, the implementation of circle sentencing and Aboriginal community justice groups. These ensure Aboriginal communities can be actively involved in taking some control over local justice issues, especially for offenders and victims.

The NSW Aboriginal Family Health Strategy is a framework for immediate government action to family violence and sexual assault. This strategy:

is the first step in the Department's commitment to work in conjunction with Aboriginal communities to put in place a range of services and other resources to alleviate the factors leading to violence, the suffering occurring daily as a consequence of that violence and the long term effects of family violence on the wellbeing of Aboriginal communities. [72]

The strategy acknowledges that the success of any proposed solutions to family violence is hinged upon Aboriginal community control of responses to family violence.

In December 2001 and March 2002 the NSW Department of Aboriginal Affairs co-hosted two roundtable meetings which brought together a number of Aboriginal community workers from across the State and relevant government agencies to discuss appropriate ways toward addressing Family Violence. A committee has been established to manage the implementation of the roundtable actions.

Northern Territory

The Northern Territory government has committed to the development of Aboriginal Law and Justice Strategies in communities across the Territory. These aim to provide a whole-of-community and whole-of-government approach to addressing community justice issues within a law and justice planning process. This approach was originally implemented at Ali-Curung in 1996 and in Lajamanu in 1999 and emerged from initiatives of these communities. Representatives from both communities are engaged in peer modelling with the Yuendumu community.

The Tangentyere Night Patrol and Social Behaviour Project (Central Australia) has become a best practice example of community solutions for addressing substance abuse, public order issues and family violence in Indigenous communities. Funding for night patrols is now available from a mixture of Commonwealth and State agencies.

Queensland

The Aboriginal and Torres Strait Islander Women's Task Force on Violence (the Robertson report), established in December 1998 at the instigation of Aboriginal and Torres Strait Islander women, finalized its report in December 1999. The report made 123 recommendations regarding actions required by the government to address family violence in Indigenous communities. [73]

The Aboriginal and Torres Strait Islander Advisory Board (ATSIAB), formed in 1999 to advise the Queensland Government on Indigenous matters, was responsible for monitoring Queensland Government responses to the Robertson report. Part of the response was to include an audit of what the Queensland Government is currently doing to address issues associated with family violence.

Family violence was identified as one of eight key priority areas under the Queensland government's Ten Year Partnership with Indigenous peoples, which aims to reduce the incidence of family violence in Indigenous communities over the next decade. It was also a significant focus of the Cape York Justice Study into alcohol and violence in Cape York.

In April 2002, the Queensland Government introduced a new whole-of-government policy called Meeting Challenges, Making Choices ( MCMC ) which is designed to address the alcohol and violence issues in Indigenous communities, such as those highlighted in the Cape York Justice Study . [74]

MCMC focuses on the key areas of alcohol intervention, economic development, healthier people, education and training and land and sustainable natural resource management. MCMC focuses on the key areas of alcohol intervention, economic development, healthier people, education and training and land and sustainable natural resource management.

South Australia

The state vision for domestic and family violence prevention is set out in the State Collaborative Approach for the Prevention of Domestic Violence. Preventing domestic and Indigenous family violence has been identified as an area of core business of the Justice Portfolio planning documents, Strategic Directions and Priorities for Action . Prevention of domestic and Indigenous family violence has also been identified as a key result area for the Crime Prevention Unit in its Strategic Plan 2001-2004.

Victoria

An Indigenous Family Violence Task Force has been appointed to lead the Victorian Indigenous Family Violence Strategy , which aims to resource and support an Indigenous-led approach to prevent, reduce and respond to violence in Victorian Indigenous communities. The key components of the strategy are:

• establishment and operation of the task Force;
• establishment and resourcing of nine Indigenous family Violence Action Groups;
• employment of a state-coordinator and nine family violence support officers; and

• establishment of an Indigenous Family Violence Community Initiative Fund. [75]

This Indigenous community-led approach is endorsed by the Victorian Government and is part of a parallel and complementary whole-of-government approach.

The successful implementation of the strategy requires maintenance of a partnership between the Indigenous community and the Government through the establishment of appropriate structures to oversight implementation and to monitor progress. The Victorian Aboriginal Justice Agreement, which formalised arrangements under the Aboriginal Justice Plan, is a likely model.

Western Australia

In December 2002, the Western Australian government tabled in Parliament - Putting People First - the Government's implementation plan in response to the findings of the Western Australian government's Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities (the Gordon Inquiry).

The Gordon Inquiry was established as a direct result of a coronial inquest into the death of a 15 year-old Aboriginal girl in the Swan Valley, Western Australia. The coronial inquest found that the deceased girl had experienced sexual abuse, violence and drug and alcohol misuse, which led to her death despite government department intervention. [76] One of the aims of the inquiry was to examine how government departments could better deal with family violence and child abuse in Indigenous communities.

The Gordon Inquiry made 193 recommendations in relation to the prevention of violence, service delivery and development, alternative models for service delivery, best practice principles for addressing family violence as well as recommendations regarding the implementation of the report's findings. [77]

In June 2003, the WA government released its first progress report on implementation of Putting People First . This identified a range of specific priority initiatives which are designed to strengthen responses to child abuse and family violence; responses to vulnerable children and adults at risk; the safety of communities; and the governance, confidence, economic capacity and sustainability of communities. [78]

The Western Australian government has committed $75 million to implementing initiatives to address family violence. Examples of the specific priority initiatives include:

• Establishing an independent Child Death Review Committee;
• Employing 25 additional Child Protection workers;
• Developing culturally appropriate counselling services;
• Funding community-based initiatives to strengthen families and communities;
• Provision of remote policing services and multi-function facilities;
• Recruiting domestic violence liaison officers within the police service;
• Expanding Victim Support and Child Witness Services;
• Extending community based offender programs;
• Expanding Sexual Assault Resource Centre services; and

• Developing the Community Futures Foundation to provide financial assistance to support creative initiatives to develop Aboriginal leadership. [79]

To date 15 out of the 25 new child protection workers, 8 of whom are Indigenous, have been employed as part of the government's commitment to implementing the recommendations of the Gordon inquiry. [80] Additionally, the government contributed $26,000 towards the development of a brochure which uses Aboriginal artwork to highlight the issue of family violence [81] and an educational video aimed at sending the message 'babies break if you shake them' to Indigenous parents which was launched in September 2003. [82]

Australian Capital Territory

In response to MCATSIA's request for States and Territories to assess their respective models for addressing family violence, the ACT government commissioned the Report on the Extent of Family Violence in the Aboriginal and Torres Strait Islander Communities in the ACT , which was completed in August 2001.

This report made 23 recommendations regarding the issues of funding, legal issues, men's programs, government agencies, training, housing and accommodation, community development and data collection with respect to family violence. The overall thrust of this report emphasised the importance of holistic approaches to addressing family violence which are determined by the community and supported by the government. Of these recommendations, the government supported 15, seven were given in principle support and one recommendation was not supported. Specifically, the government acknowledges the importance of working in partnership with the Indigenous community to address family violence in the ACT. [83]

During 2001-2003, in response to the supported recommendations, a number of activities to address family violence have been undertaken by a range of ACT Aboriginal and Torres Strait Islander service providers. These activities include a Boys to Men program, run by Gugan Gulwan Aboriginal Corporation, which deals with the impact of family violence on young Indigenous boys as well as a series of young women's, parenting and gambling programs, discussion groups and the development of young women's hostel and policy statement against family violence by the Winnunga Nimmityjah Aboriginal Health Service.

Tasmania

Recent developments in Tasmania were discussed above in relation to the COAG whole-of-government community trial.

Improving the programmatic responses to family violence in Indigenous communities - Future challenges

The range of recent initiatives identified in the previous section of this chapter reflects an increasing level of attention to addressing family violence in Indigenous communities at all levels of government. Despite this, there remain a number of challenges to be addressed to ensure that adequate and appropriate attention is paid to addressing family violence. The remainder of this chapter identifies concerns with the existing programmatic response of governments to family violence issues, and also identifies approaches which could be furthered to respond to family violence in an holistic, coordinated way.

Promoting greater coordination and an holistic approach to family violence programs

There are a patchwork of programs and approaches to addressing family violence in Indigenous communities among federal, state and territory governments. There remains a lack of coordination and consistency in approaches to addressing these issues between governments and among different government agencies. Significant gaps also exist.

Existing family violence programs that are available to Indigenous peoples are limited in number, ad hoc and often of limited duration. Due to the inter-connections between family violence and other issues faced by Indigenous peoples, work being done at a grass roots level may also be overlooked and programs may not necessarily be identified or identify themselves as violence prevention programs. Proposed programs may also have difficulty obtaining funding, on either a pilot or ongoing basis, due to the overlap in jurisdictional and departmental responsibilities.

In Violence in Indigenous Communities , Memmott, Stacy, Chambers and Keys identified 130 Indigenous family violence programs that had been implemented or were planned for implementation in Indigenous communities, in the 1990s. [84] They categorised these programs into the following broad areas of intervention:

• Support programs - including one-on-one counselling and advice services, Aboriginal and Torres Strait Islander Legal Aid Services and strategic advice for actual or potential victims to prevent or avoid violence, including referrals to other programs and centres. [85] Issues relating to the provision of legal advice and access to justice for Indigenous women relating to family violence are discussed in more detail shortly.

Accessible and appropriate counselling is essential, not only for the victims and perpetrators of violence, but also for family and community members who not only deal with the issue of violence itself but to also provide post-violence counselling to family members who have lost someone as a result of violence, suicide, and more particularly for issues of female and male rape and child sexual assault.

• Identity programs - Identity programs are those that are aimed to develop within the individual, family or community, a secure sense of self-value or self-esteem. [86] This can be achieved through diversionary programs such as, sporting, social and cultural activities, education and skills training aimed at youth and young adults and also through therapy based programs that focus on culturally specific psychological or spiritual healing. Examples of this approach include the Muramali project as well as the Social and Emotional Well Being Centres being established in the Northern Territory. All these programs may be accessed prior to, and after involvement with violence, and offer a longer-term response through attempting to change the situational factors underlying violence.

• Behavioural change (men and women's groups) - as the majority of family violence is perpetrated by men, strong support for men's behavioural reform programs is required. These programs are described as Men's Healing Programs. [87] The Ending Domestic Violence Programs for Perpetrators study, undertaken by Keys Young, found that collaborative projects must be adopted that link Indigenous people and agencies with domestic violence services, to develop services appropriate to the community. [88] It is also important that complementary groups and support services for Indigenous women be run parallel to men's programs and complementary preventative/intervention programs for youth be an integral part of the whole strategy. An example of this is the Rekindling the Spirit Program in Northern New South Wales which works with men, their partners, youth and children. [89]

• Night patrols - which have the potential to build cooperation and mutual respect and support with local police. [90] As reported by the Australian Institute of Criminology, the Tangentyere Night Patrol (TNP) in the Northern Territory is a best practice example of a properly managed program that builds on the cooperation and mutual respect of local police. [91] TNP patrolled the Aboriginal town camps on a regular basis to help minimise violence using non-violent methods. TNP uses and strengthens Aboriginal mechanisms for social control, thereby ensuring that traditional methods are afforded a key role in the control of anti-social behaviour, minor criminal infractions and potentially serious criminal incidents in the Aboriginal community;

• Refuges and Shelters - while an important part of any family violence intervention strategy, are not a sufficient response to the difficulties produced by high levels of violence in Indigenous communities. [92] They represent a reactive strategy in addressing the underlying causes, thereby creating no possibility of a change in the pattern of violent behaviour. Refuges and women's shelters need to be coupled with other proactive strategies targeted at the perpetrators of violence and other situational factors. Indigenous specific shelters are essential. At the very least, Indigenous workers at shelters are vital.

• Justice programs - the roles of justice programs, which are characteristically aimed at the perpetrators of violence, are to mediate between people in conflict, designate appropriately cultural punishments for victims, for example through circle sentencing and the prevention of recidivism. [93]

The NSW Aboriginal Justice Advisory Council and the NSW Judicial Commission have recently released a joint report Circle Sentencing in New South Wales a Review and Evaluation . The report reviewed the first twelve months of the operation of circle sentencing in Nowra in South East New South Wales. The report found among other things that circle sentencing helps to break the cycle of recidivism, introduces more relevant and meaningful sentencing options for Aboriginal offenders with the help of respected community members, reduces the barriers that currently exist between the courts and Aboriginal people, leads to improvements in the level of support for Aboriginal offenders, incorporates support for victims, and promotes healing and reconciliation and increases the confidence and generally promotes the empowerment of Aboriginal people in the community. [94]

• Dispute resolution - Anecdotal evidence suggests that flexibility within NSW Community Justice Centres, although not aimed at Aboriginal people specifically, has proven to be successful in certain Indigenous communities in NSW. [95] Specifically, success has been achieved where impartial members of the Indigenous community are used as facilitators and traditional dispute-resolution techniques are incorporated into the overall mediation process.

• Education and awareness raising - Education and training programs are vital to raise awareness about family violence prevention; as well as develop the skills within communities to resolve conflicts and identify the need for interventions with perpetrators. [96] The National Indigenous Legal Advocacy Courses, which are aimed at Indigenous peoples working in justice related fields including legal services and on community justice mechanisms, include competencies addressing awareness of family violence and conflict resolution. [97]

Gnibi, the College of Indigenous Australian Peoples at the Southern Cross University, has also developed undergraduate and postgraduate degrees that are specifically designed to address the educational needs of Indigenous Australians from an Indigenous theory and educational practice dealing with issues of violence, trauma and healing. [98]

Violence in Indigenous Communities reported that there were no educational programs targeted at young children for use in Indigenous pre-schools and schools. With the knowledge we now have about the detrimental effects of violence on children, or witnessed by children and the generational cycles by which violence is transmitted, it is essential to provide violence prevention education programs within pre-schools and schools. The Masters in Indigenous Studies (Wellbeing) program [99] at Southern Cross University has developed formal units of study for adults providing such services to children, however these have not yet been evaluated.

• Holistic composite programs - Programs which are comprised of elements of the above categories. These operate to target different forms of violence in the community, target different categories of offenders or victims, or employ different methods of combating or preventing violence. [100]

There is also increasing recognition of the links between family violence and substance abuse, particularly alcohol. A number of recent initiatives, particularly in Queensland, have focused on restricting the availability of alcohol and introducing changes to canteen management to promote reduced alcohol consumption.

These programs function at different stages. Some are implemented during or immediately after the occurrence of a violent incident (early reactive programs); some are implemented some time after the incident and are aimed at resolving the negative impact of the violence (late reactive programs); some aim to counter any likelihood of violence at an early stage (early proactive strategies); and others are implemented prior to violence occurring but triggered by signs that violence may be imminent (late proactive strategies). [101] This additional form of classification of programs highlights the need for a holistic composite set of programs to be made available for communities to address the various dimensions of family violence.

Overall, Memmott observes in relation to existing programs and approaches that:

The classification and review of violence programs indicated that there is a scarcity or under-representation of programs in certain key areas of violence, and that there is clearly a need to focus support resources into developing such programs for wider application.

A number of omissions in the available literature on Indigenous violence and violence programs were detected, including (i) a failure of program designers to clearly define the forms of violence they were targeting, (ii) a lack of program evaluation studies, and (iii) a lack of objective studies on the nature of program failures. The review of violence programs was also accompanied by a general finding that there was a general lack of programs in many Indigenous communities. [102]

Memmott also states that a review of existing programs and approaches reveals three recurring strategic aspects that need to be present to address family violence in Indigenous communities, namely that programs be community-driven; that community agencies establish partnerships with each other and with relevant government agencies; and that composite violence programs are able to provide a more holistic approach to community violence. [103]

The report notes the importance of programs that adopt an holistic or broad approach to violence. These:

often do not focus directly on any particular kind of violent behaviour, rather their efforts are aimed at either preventing at-risk people from falling prey to their vulnerability, or they attempt to heal the emotional and spiritual injury that is causing them to behave violently. Therefore, while the possibility of self-harming behaviour is reduced, rates of other forms of violence such as physical assault leading to homicide, spousal assault, rape and sexual assault and child violence might also be influenced ... [104]

The implementation of composite programs, particularly in communities displaying multiple forms of increasing violence, is shown to be an emerging and preferred approach that reflects a more systematic way of combating violence, combining both proactive and reactive methods which target different age and gender groups. [105]

The report notes that a sensitive aspect of governments introducing services is how to best trigger such programs in communities where they are obviously needed while at the same time creating a climate whereby the programs are community-originating, motivated and controlled. Memmott recommends 'that government agencies take a regional approach to supporting and coordinating local community initiatives, and assisting communities to prepare community action plans with respect to violence' . [106]

This approach is consistent with the approach adopted in ATSIC's Family Violence Action Plan. The Plan, as previously outlined in this chapter, recognises the critical need to adopt an holistic approach to the problem of family violence and identifies the crucial importance of engagement with Commonwealth and State government agencies and communities to work in partnership on family violence strategies, as well as supporting and strengthening the capacity of ATSIC Regional Councils to develop, implement and monitor family violence action plans.

Ensuring access to justice for Indigenous women

A matter of great concern in relation to current debates about addressing family violence in Indigenous communities is the lack of attention paid to issues of access to justice for Indigenous women.

In their recent submission to the Senate Legal and Constitutional References Committee inquiry into legal aid and access to justice, ATSIC note that 'Indigenous women have been identified as the most legally disadvantaged group in Australia' . [107] A matter of particular concern is the limited ability of ATSIC/ATSIS, through its funding role of Aboriginal and Torres Strait Islander Legal Services (ATSILS) to provide access to justice for Indigenous women through legal representation and family violence services.

ATSIS note that:

ATSILS are required to prioritise provision of services in accordance with ATSIS' National Program Policy Framework for ATSILS ("The ATSILS Policy Framework") affording priority assistance to those clients who potentially face custodial sentences. Accordingly, in face of sheer demand for assistance, ATSILS predominantly provide legal aid services for criminal matters (89% of case and duty matters in 2001- compared with only 2% family matters and 2% violence protection matters). [108]

This trend has, ATSIS state, 'discouraged Indigenous women from approaching ATSILS for assistance initially, particularly given the likelihood of ATSILS defending the perpetrator'. They note:

The problem has often been attributed to the "first-in, first-serve" nature of ATSILS work. The lack of alternative service providers in many of the jurisdictions in which ATSILS operate means that even if the victim sought ATSILS assistance first, if refused, they at least have the option of seeking police assistance. However were the ATSILS to turn away the perpetrator, he would have nowhere else to seek representation. ATSIS acknowledges that wherever possible LACs have attempted to represent indigenous women in cases of conflict where the partner is represented by the ATSILS. However it remains that in many instances the victim lacks any legal advice beyond that provided by the police. [109]

Indigenous women are further disadvantaged in the justice process by the Courts' (particularly the Bush Court) inadequate approach to dealing with domestic violence and violence against women. The need for expeditious process in domestic violence assault charges and restraining order applications, particularly concerning the victim's safety, is compromised due to the handling of such matters by inexperienced community police officers. Frequently a case may reach its fifth adjournment (five months after the original hearing date at most Bush Courts) without a plea still having been entered. It is a very challenging demand that inexperienced police officers are required to provide what is in effect, legal aid assistance. [110]

The effect of delayed access to justice for Indigenous women is even more severe given the cultural inhibitions in their own communities such as beliefs in the sanctity of kinship and fear of community retribution. If they overcome this threat and seek representation, only to be met with refusal by the under-resourced ATSILS the lesson can be devastating. These considerations have often led to reluctance in seeking legal advice by many women. [111]

As noted above, ATSIC have introduced the Family Violence Prevention Legal Service Program (FVPLS) as a response to Indigenous women's lack of access to Legal Aid services. However with only 13 services across Australia, they do not provide coverage to all regions. ATSIS notes that 'This relatively small and under-resourced program is unable to address the barriers Indigenous women face in accessing Indigenous Legal Aid services, nor to provide the range of legal services available through ATSILS'. [112] They express concern that:

There is an urgently growing demand for ATSILS to provide child protection, civil and family related, (including family violence) services. However, providing these services as well as continuing assistance in criminal matters will require additional resources or, alternatively a change in the priorities set for provision of legal aid services. If priorities are reset then this will simply postpone unmet demand that will be unlikely to be satisfied through referrals and alternative services. [113]

ATSIC/ATSIS note further that while they and the ATSILS that it funds are committed to stamping out family violence, the prioritising of scarce resources to criminal matters means that 'in practice, victims are not assisted while those responsible, are'. Accordingly, constraints of existing resources for legal support limits the capacity of ATSIC/ATSIS 'to give its own policies concrete substance. This contradiction will be overcome only through additional resourcing of ATSILS and Indigenous women specific legal service providers'. [114]

ATSIC's submission to the Department of Finance and Administration Pricing Review in 2001 found a $12 million annual funding shortfall of ATSILS compared to Legal Aid Commission benchmarks. An Office of Evaluation and Audit (OEA) evaluation in 2003, reported the following findings in relation to the performance of ATSILS:

• ATSILS are providing legal services at a cost that is significantly lower than that paid by mainstream LACs for legal work undertaken on a referral basis by private practitioners, and that it is achieved at a level of client satisfaction no different from that reported by LAC clients;
• The national shortfall in ATSIC funding to ATSILS, if their outputs are costed at the same level as LAC-paid legal work, is $25,605,ɖ
• There is low morale and high staff turnover among ATSILS practitioners; and

• Evidence suggests that ATSILS clients are more likely to plead guilty than mainstream offenders. [115]

In the context of the increased focus on family violence in recent years coupled with the lack of progress in reducing the over-representation of Indigenous people in custody in general, it is a matter of great concern that there is not a greater emphasis on the legal needs of Indigenous women.

There is an urgent need to ensure appropriate funding levels for ATSILS in order to provide a greater focus on the legal needs of Indigenous women as well as a greater focus on preventative action and community education. At the very least, there is also an urgent need for the federal government to allocate additional, quarantined, funding to expand the Family Violence Prevention Legal Service Program. Such funding needs to be new money as there is clearly no capacity for ATSIS/ATSIC, through its support for ATSILS, to re-allocate existing resources.

Community justice responses to family violence

The criminal justice system is extremely poor at dealing with the underlying causes of criminal behaviour and makes a negligible contribution to addressing the consequences of crime in the community. One of the consequences of this, and a vital factor that is often overlooked, is that Indigenous victims of crime and communities are poorly served by the current system.

Accordingly, the current system disadvantages Indigenous people from both ends - it has a deleterious effect on Indigenous communities through over-representation of Indigenous people in custody combined with the lack of attention it gives to the high rate of Indigenous victimisation, particularly through violence and abuse in communities. Reform to criminal justice processes, including through community justice initiatives, must be responsive to these factors.

The past decade has seen an increased emphasis on restorative justice mechanisms for addressing criminal behaviour in Indigenous communities to address the needs of victims (including of family violence) as well as to make the system more meaningful to offenders.

The most accepted definition of restorative justice is that of Tony Marshall which states that it is 'a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future'. [116] The Law Commission of Canada provides a useful commentary on restorative justice as:

fundamentally concerned with restoring social relationships, with establishing or re-establishing social equality in relationships. That is, relationships in which each person's rights to equal dignity, concern and respect are satisfied ... As it is concerned with social equality, restorative justice inherently demands that one attend to the nature of relationships between individuals, groups and communities. Thus, in order to achieve restoration of relationships, restorative justice must be concerned with both the discrete wrong and its relevant context and causes. [117]

This does not necessarily seek to return a relationship to the position prior to the commission of some wrongdoing, but instead to address the underlying issues. Restorative justice can thus incorporate concepts of restitution and healing, while focusing on the transformation of relationships.

There are numerous new initiatives in Australia developing community based justice mechanisms for Indigenous people which are based on restorative justice principles. Some of these processes, such as Law and Justice Committees in the Northern Territory and Community Justice Groups in Queensland incorporate an holistic response to family violence into strategies for addressing offending in communities.

• Community Justice Groups in Queensland

Community Justice Groups in Queensland

The Community Justice Group project was started in Kowanyama, Hopevale and Palm Island in 1993 as a pilot project of the Queensland Corrective Services Commission. The Community Justice Group model aims to provide Aboriginal people with a mechanism for dealing with problems of justice and social control which is consistent with Aboriginal Law and cultural practices as well as utilising aspects of the Anglo-Australian legal system. The justice groups have no statutory authority. The source of authority for the group is based on the collective and personal authority of group members deriving from the place of individuals within kinship systems and the personal respect they are accorded by others. Ultimately the group's authority lies in Aboriginal Law and cultural practices.

The Community Justice Groups use traditional structures and cultural principles to develop and apply their own system of justice and social control. They seek to restore social order by curbing anti-social behaviour and by creating a more positive and supportive environment. Group actions that they handle within the existing legal framework include family-related dispute settlement, crime prevention and community development projects, co-ordination with government and community agencies and providing information and advice to the judiciary, Community Corrections Boards and other government decision making bodies.

Perceived positive outcomes for the model to date include: decline in crime rate and in the level of violence; an effective community corrections program at Palm Island that has kept people from appearing before court and from possible incarceration; dramatic decrease in juvenile crime at Kowanyama; changes in social patterns; more effective government service delivery, leading to savings in time and money for government and community agencies, courts, law enforcement agencies and correctional centres.

Perceived negative outcomes for the model include: harsh punishments; potential drain on the community's resources; acting without statutory authority; and a lack of indemnity for justice group members.

The Community Justice Panel (CJP) now works with clan groups on Cape York. The CJP model is an evolutionary process, with options at each stage to be trialled before the justice groups go on to the next stage.

The CJP model is supplemented by monthly programs run by the Department of Corrections and the Department of Family and Community Services in substance abuse and anger management. There are also women's shelters in all communities. Greater support is needed however for people on the alcohol management program in terms of counseling and support. Without better infrastructure, such programs will fail over the long-term.

• The Kurduju Committee Law and Justice Strategy

The Aboriginal Law and Justice Strategy of the Northern Territory seeks to provide a whole-of-community and whole-of-government approach to addressing community justice issues within a law and justice planning process. It was originally implemented at Ali-Curung in 1996 and in Lajamanu in 1999. Both these communities now have their own law and justice plans and are engaged in peer modeling with Yuendumu community.

In each community a law and justice committee has been established. These committees have a wide range of responsibilities and comprise key community representatives from the Tribal Council, Community Elders, Safe House Committee, women's group, traditional owners, outstation representatives and other community organisations. Representatives from the Ali-Curung, Lajamanu and Yuendumu communities also sit on the Kurduju Committee, which provides an opportunity for information-sharing and peer modeling, and also to address a perceived deficit in policy and program knowledge, and expertise in regard to remote communities.

The aim of the law and justice plans was 'to facilitate the empowerment of the local community to assume a greater role in law and justice, and to address law and justice concerns through local dispute resolution where practical.' There was a perceived need for low-level intervention by Aboriginal communities in early crime prevention and more productive participation in the justice system.

At Ali-Curung, Lajamanu and Yuendumu, individuals and community organisations had largely lost their capacity to resolve their own law and justice issues through the introduction and consequential reliance on external dispute resolution. Subsequently, the Law and Justice Strategy sought to incorporate Aboriginal dispute resolution principles into community law and justice processes. This was not a straightforward revival of customary law but an innovative adaptation of traditional decision making in a contemporary situation through the merging of mainstream community based dispute resolution with mainstream law and justice. The process is negotiated and agreed to between community organisations and government agencies.

The Ali-Curung and Lajamanu law and justice committees are involved in diversionary programs, pre-court conferencing, victim offender conferencing, community service orders, and the operation of night patrols and safe houses. Ali-Curung, Lajamanu and Yuendumu have adopted an approach to family violence that involves local dispute resolution and healing methodology.

As in the case of the community justice panels in Queensland, the experience of the Law and Justice Strategy to date indicates that any initiatives seeking to formalise an interface between aspects of customary law and the western legal system should be organic, evolutionary and holistic. In order to be effective, any community justice initiatives will also involve a considerable investment in community consultation, participation and education: the emphasis should be on devolving power to the communities. A one-size-fits-all approach or the top-down application of a preconceived model is unlikely to yield long-term results and could even be counterproductive in resolving law and justice issues.

The last two years has also seen the development of community justice mechanisms for involvement of Indigenous peoples in sentencing. Examples include the Ngunga Court and Ngunga Youth Court in South Australia; the Murri Court in Queensland; the Koori Court in Victoria and circle sentencing in New South Wales. [118] Generally, these processes seek to incorporate an Aboriginal traditional customary law approach to the sentencing of Aboriginal offenders within the framework of existing legislation. While there are variations between the various models, they all involve Aboriginal Elders sitting alongside the magistrate to advise on sentencing options, with members of the offender's family, the victim, the victim's family and other interested community members participating in the sentencing process.

These processes have been extremely successful in their initial years. Currently, however, they are limited to dealing with particular non-violent offences. Accordingly, offences relating to violence and sexual offences cannot be addressed within these sentencing processes.

In a discussion paper titled Holistic community justice, the NSW Aboriginal Justice Advisory Council proposes that restorative justice approaches such as these sentencing options should be available for dealing with family violence.

Specifically, they have proposed the establishment of localised community controlled justice and healing centres combined with alternative sentencing processes for offenders which seek to establish formal links with local Aboriginal communities. [119] In this approach, community justice and healing centres would be established as a single point of contact for victims of family violence. They would assess their needs (such as emergency accommodation, financial assistance, health care, counselling or healing) and negotiate with appropriate service delivery agencies on their behalf. Should the victim wish to pursue their matter through the criminal justice system, the centre would also provide assistance with this. The centre would also be community controlled, and actively engage the local Aboriginal community with the consequence that it could assist the victim and provide 'a direct community sanction on the offender's behaviour and demonstrate the community's intolerance of family violence'. [120] Alternative sentencing processes, such as circle sentencing, would also be available 'to ensure that the causes and consequences of the offence are dealt with holistically'. [121]

AJAC argues that this approach:

Provides an alternative model to address the serious matter of family violence in Aboriginal communities. The urgency of actually making an on the ground impact where communities can actually be involved directly in programs ensures a level of community re-empowerment. This approach also exposes family violence as an unacceptable crime in Aboriginal communities, but to actively ensure a service for victims whilst offenders take responsibility and deal with the underlying causes of their offending behaviours.

It is argued that long term effects will be an overall reduction of family violence, and that communities can be positioned to actively heal the wounds of family violence according to their unique and local needs. [122]

There are similarities in this proposal with the Northern Territory Law and Justice Committee and Queensland Community Justice Group approaches, as well as similarities with the roles of services established under ATSIC's Family Violence Prevention Legal Service Program. It also provides what the Memmott report, as discussed earlier, identified as an holistic composite set of programs for addressing family violence.

It also has similarities to Canadian models for addressing sex offending by Indigenous people. The Canadian approach emphasises the need for restorative justice, community-based initiatives beyond the justice system such as victim-offender mediation, family group conferencing, sentencing circles and formal cautioning. It also highlights the gaps that exist in addressing Aboriginal sex offender needs and the need for Aboriginal control of appropriately cultural services. The report Aboriginal Sexual Offending in Canada identifies four areas where action is necessary to address Aboriginal sexual offending: community development; program development; research and human resources. [123] The effectiveness of this model and whether aspects could be transferred to the Australian context, particularly in regard to community capacity-building and service coordination, is an avenue for further investigation.

These models and proposals suggest that the full potential of community justice mechanisms for addressing family violence has not been explored sufficiently, and may provide an appropriate way forward for addressing some aspects of need.

Conclusion

This chapter has identified a range of commitments and recent initiatives by all governments to address its impact. These commitments are welcome and long overdue. As yet, they are not sufficiently wide-ranging in their scope or effectively funded. There are also significant gaps in service provision, including through a general paucity of programs and lack of legal assistance to Indigenous women in many areas. As a consequence, there remains a need for ongoing, continuous support for innovative, community led solutions to address family violence and the adoption of an holistic, coordinated approach by governments. ATSIC's Family Violence Plan provides a platform for improving this situation, with the development of regionally targeted programs and action plans. The escalating and debilitating affects of family violence on Indigenous people and communities requires urgent attention.

1. Atkinson, C, Atkinson, J, and Students of Gnibi - the College of Indigenous Australian Peoples, Southern Cross University, Review of Programs and Policies Addressing Family Violence in Indigenous Communities - Final Report , Unpublished paper prepared for the Human Rights and Equal Opportunity Commission, 2003. (Herein referred to as Atkinson, C, and Atkinson, J, Review of Programs and Policies Addressing Family Violence in Indigenous Communities).

2. I also, of course, accept full responsibility for the contents of this chapter and its accuracy.

3. Atkinson, J, Foreword in Atkinson, C, and Atkinson, J, Review of Programs and Policies Addressing Family Violence in Indigenous Communities , p5.

4. Dodson, M, Violence Dysfunction Aboriginality , Speech, National Press Club, 11 June 2003, p2.

5. Bennett, B, 'Domestic Violence', (1997) 21(4) Aboriginal and Islander Health Worker Journal 11, p11.

6. Mow, K E, Tjunparni: Family Violence In Indigenous Australia , Aboriginal and Torres Strait Islander Commission, 1992, p10.

7. Atkinson, J, Beyond Violence: Finding the Dream , National Domestic Violence Education Program, Office for the Status of Women, Canberra, 1990, p7.

8. Simpson, M A, 'Bitter Waters: Effects on Children of the Stresses of Unrest and Oppression', International Handbook of Traumatic Stress Syndromes , Eds Wilson J P, & Raphael, B, Plenum Press, New York, 1993, p603.

9. Atkinson, C, and Atkinson, J, Review of Programs and Policies Addressing Family Violence in Indigenous Communities , p10.

10. Blagg, H, Crisis Intervention in Aboriginal Family Violence: Summary Report, Partnerships Against Domestic Violence, Canberra, 2000, pp2-3.

11. Judy Atkinson quoted in Atkinson, C, and Atkinson, J, Review of Programs and Policies Addressing Family Violence in Indigenous Communities , p11.

12. ibid , p12.

13. Bennett, B, 'Domestic Violence', Aboriginal and Islander Health Worker Journal , 1997, p14.

14. Blagg, H, Crisis intervention in Aboriginal family violence - Summary report , Office for the Status of Women, Canberra 2000, quoted in Northern Territory Law Reform Committee, Aboriginal communities and Aboriginal law in the Northern Territory Background Paper 1 - Inquiry into Aboriginal Customary Law, NTLRC Darwin 2003, p18.

15. Blagg, H, Intervening with adolescents to prevent domestic violence: phase 2 the Indigenous rural model , National Crime Prevention, Canberra 1998.

16. Atkinson, C, and Atkinson, J, Review of Programs and Policies Addressing Family Violence in Indigenous Communities , p14.

17. ibid .

18. ibid , p17.

19. For further discussion see Royal Commission into Aboriginal Deaths in Custody, National Report , AGPS, ߇ Human Rights and Equal Opportunity Commission, Report of the National Inquiry into Racist Violence in Australia, AGPS, 1991 ; also Aboriginal and Torres Strait Islander Commissioner, Indigenous Deaths in Custody 1989 to 1996 , A report prepared for Aboriginal and Torres Strait Islander Commission, October 1996.

20. For further details see NSW Department for Women, Heroines of Fortitude - Experiences of women in court as victims of sexual assault , 1996.

21. Memmott, P, Stacy, R, Chambers, C & Keys, C, Violence in Indigenous Communitie -, Full Report , Commonwealth Attorney General's Department, Canberra, 2001.

22. For an overview of statistics in the late 1980's and early 1990s see: Atkinson, C, and Atkinson, J, Review of Programs and Policies Addressing Family Violence in Indigenous Communities, pp27-31. See, for example: National Committee on Violence, Violence: Directions for Australia, Australian Institute of Criminology Canberra 1990, Family Violence Professional Education Taskforce, Family violence: Everybody's business somebody's life, Federation Press Sydney ߇ and Queensland Domestic Violence Task Force, Beyond these walls, Department of Family Services and Welfare Housing, Brisbane 1988.

23. Steering Committee for the Review of Government Service Provision, Overcoming Indigenous disadvantage - Key indicators 2003, Productivity Commission, Melbourne 2003, pp 3.44-3.57.

24. Steering Committee for the Review of Government Service Provision, Overcoming indigenous disadvantage - Key indicators 2003, Productivity Commission, Melbourne 2003, pp3.51-3.53

25. Mouzos, J, 'Indigenous and non-Indigenous homicides in Australia: A comparative analysis', Trends and Issues in Crime and Criminal Justice, no2, Australian Institute of Criminology, Canberra, 2001, pp1-6

26. Atkinson, J, 'Making Sense of the Senseless Feeling Bad, Being Mad, Getting Charged Up!, Having it Both Ways: Dual Diagnosis, Alcohol, Drugs and Mental Illness ,Conference Proceedings, Melbourne University, 1998, p5.

27. Queensland Domestic Violence Task Force, ibid, pp198-256 as cited in Robertson, B, Aboriginal and Torres Strait Islander Women's Task Force on Violence Report, Queensland Department of Aboriginal and Torres Strait Islander Policy, Brisbane 1999, p97.

28. Barber, J, Punt, J and Albers, J, 'Alcohol and Power on Palm Island', (1988) 23(2) Australian Journal of Social Issues 87 as cited in Robertson, B. ibid, p97.

29. Miller, B, 'Crime Prevention and Socio-legal Reform on Aboriginal Communities in Queensland', in McKillop, S and Vernon, J, (eds.), The Police and the Community: Conference Proceedings, Monograph 5, Australian Institute of Criminology, Canberra 1989, as cited in Robertson, B, ibid, pp97-98.

30. National Injury Surveillance Unit, Study of Inquiry in Five Cape York Communities, Australian Institute of Health and Welfare and Queensland Health, Brisbane 1997, pp43-45, as cited in Robertson, B, ibid, p98.

31. Department of Public Prosecutions Queensland (DPP), Indigenous Women and the Criminal Justice System Report, DPP, Brisbane 1997, as cited in Robertson, B, ibid, p99.

32. Robertson, B, ibid, Executive Summary, pp x -xi.

33. Justice Fitzgerald, Cape York Justice Study, Queensland Government, Brisbane 2001, p93-94.

34. Gordon, S, Putting the Picture Together: Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities, State Law Publisher, Perth, 2002, p424.

35. Ferrante, A, Morgan, F, Indermaur, D, and Harding, R, Measuring the Extent of Domestic Violence, University of Western Australia, Perth, 1996. See: www.law.ecel.uwa.edu.au/crc/publications/books/dv.htm .

36. ibid

37. ibid

38. NSW Bureau of Crime Statistics and Research, Aboriginal Victimisation and Offending: The Picture from Police Records, Crime and Justice Statistics, December, 2001.

39. Aboriginal Justice Advisory Council, Holistic Community Justice - a proposed response to Aboriginal Family Violence, AJAC, NSW Attorney-Generals Department, Sydney 2001, p6.

40. ibid

41. ibid, p7.

42. ibid.

43. AJAC (NSW), Speak out speak strong: Researching the needs of Aboriginal Women in Custody, AJAC, NSW Attorney-General's Department, 2003, p6, p54.

44. Bagshaw, D, et al, Reshaping Responses to Domestic Violence - Final Report, University of South Australia, April, 2000, p123.

45. Northern Territory Law Reform Committee, Aboriginal communities and Aboriginal law in the Northern Territory, Background Paper 1 - Inquiry into Aboriginal Customary Law, NTLRC Darwin 2003, p18

46 . ibid.

47 . Pugh, R, ya pulingina kani - Good to See You Talk, Government of Tasmania, Hobart 2002.

48 . ibid, pp87-89.

49 . Newman, J, Minister for Family and Community Services, Minister Assisting the Prime Minister for the Status of Women, 'Launch of New Partnerships against Domestic Violence Initiatives', Media Release, October 1999.

50 . Commonwealth of Australia, Working Together Against Violence: The first three years of partnerships against domestic violence, Office of the Status of Women, Canberra, August 2001.

51 . Herron, J (Minister for Aboriginal and Torres Strait Islander Affairs) and Newman, J (Minister Assisting the Prime Minister for the Status of Women), '$2.2 million for Indigenous communities to design solutions to family violence', Joint News Release, 14 August 2000.

52 . Lawrence, C, House of Representatives, Hansard, 17 June 2002.

53. ATSIC, 'Working for Families - 1000 extra CDEP places', at www.atsic.gov.au .

54. Aboriginal and Torres Strait Islander Commission (ATSIC), 'PM meets Indigenous leaders to discuss violence', ATSIC News, Winter 2003, p9.

55. ibid, p9.

56. Howard, J (Prime Minister), Media Release, 'Government Tackles Violence in Indigenous Communities', 28 August 2003.

57. Howard, J (Prime Minister), Media Release, 'Government Tackles Violence in Indigenous Communities', 28 August 2003.

58. Schubert, M, 'Vanstone plans year of black reform', The Australian, 23 December 2003.

59 . Aboriginal and Torres Strait Islander Commission (ATSIC), Annual Report 2001 - 2002, Commonwealth of Australia, Canberra, 2002, pp. 154 - 155.

60 . Aboriginal and Torres Strait Islander Commission (ATSIC), Annual Report 2002-03, Commonwealth of Australia, Canberra, 2003, p189.

61. Aboriginal and Torres Strait Islander Commission (ATSIC), 'Overcoming family violence: We must all do better', ATSIC News, Winter 2003, p7.

62 .Aboriginal and Torres Strait Islander Commission (ATSIC), 'Indigenous Women's Roundtable meets to tackle family violence', Media Release, ATSIC, 11 September ߑ Aboriginal and Torres Strait Islander Commission (ATSIC), 'Overcoming family violence: We must all do better', op.cit, p7.

63. Clark, G (Chairperson), 'National Indigenous Group on Domestic Violence', Media Release, ATSIC, Canberra, 22 August 2001.

64. Aboriginal and Torres Strait Islander Commission (ATSIC), 'Overcoming family violence: We must all do better', op.cit, p7.

65. Aboriginal and Torres Strait Islander Commission (ATSIC), Our Family, August 2003 at www.atsic.gov.au/issues/Our_Family/Family_Violence_Information_Kit/Family_ Violence_Action_Plan/Default.asp .

66. Aboriginal and Torres Strait Islander Commission (ATSIC), 'ATSIC takes strong stand against family violence in CQ', Media Release, Central Queensland Regional Council, 25 November ߓ Aboriginal and Torres Strait Islander Commission (ATSIC), 'Family Violence Plan for Many Rivers', Media Release, Joint statement by ATSIC NSW East Zone Commissioner Rick Griffiths and Many Rivers Regional Council Chairperson Stephen Blunden, 26 November ߓ Aboriginal and Torres Strait Islander Commission (ATSIC), 'Family violence - Kamilaroi Regional Council Priority', Media release, Statement by ATSIC Kamilaroi Regional Council Chairperson Lyall Munro, 31 October ߓ Aboriginal and Torres Strait Islander Commission (ATSIC), 'ATSIC Yilli Rreung Regional Council takes a tough stand against Family Violence', Media Release, Statement by Yilli Rreung Regional Council, 4 December 2003. All media releases can be found at: www.atsic.gov.au/News_Room/media_releases

67. Council of Australian Governments, Communique, Canberra, 3 November 2000

68. Reconciliation Australia, Words, Symbols, Actions: Reconciliation Report Card 2002, Commonwealth of Australia, Canberra, 2002, pp. 19 - 20.

69. Council of Australian Governments, Media Release, Canberra, 5 April 2002.

70. Ruddock, P, Minister for Immigration and Multicultural and Indigenous Affairs, 'Agreement on Indigenous Family Violence Welcomed', Media Release, 28 July 2001.

71. Debus, B (NSW Attorney General) and Aboriginal Justice Advisory Council, Aboriginal Justice Agreement, New South Wales Government, 13 June 2002.

72. Department of Health (New South Wales), NSW Aboriginal Family Health Strategy, Preface, at www.health.nsw.gov,au/policy/aboriginal-health/afhs/

73. Robertson, B (Chair), The Aboriginal and Torres Strait Islander Women's Task Force on Violence Report, Department of Aboriginal and Torres Strait Islander Policy and Development, op.cit.

74. Meeting Challenges, Making Choices: The Queensland Government's response to the Cape York Justice Study, Queensland Government, Brisbane, April 2002.

75. Department of Justice (Victoria), Victorian Indigenous Family Violence Strategy, Government of Victoria, Melbourne, 1999.

76. Online at: www.gordonresponse.dpc.wa.gov.au/index.cfm?fuseaction=background.introduction , accessed: 10 November 2003.

77. Gordon, S, Hallahan, K, Henry, D, Putting the picture together, Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities, op.cit, 2002.

78. Western Australian Government, First Progress Update on the Implementation of 'Putting People First' - Addressing Family Violence and Child Abuse in Aboriginal Communities, Perth, June 2003, pp8-10.

79. ibid., and Department of Indigenous Affairs, Media Release, 'PM failing to solve domestic violence and abuse in Indigenous communities', Perth, 24 July 2003.

80. McHale, S (Minister for Community Development, Women's Interests, Seniors and Youth, Disability Services, Culture and Arts), Media Release, 'Recruitment of child protection workers involves Aboriginal communities', 23 October 2003.

81. McHale, S (Minister for Community Development, Women's Interests, Seniors and Youth, Disability Services, Culture and Arts), Media Release, 'Aboriginal artwork raises family violence awareness', 25 September 2003.

82. McHale, S (Minister for Community Development, Women's Interests, Seniors and Youth, Disability Services, Culture and Arts), Media Release, 'New video alerts Aboriginal parents to the dangers of shaking babies', 9 September 2003.

83. Australian Capital Territory Government, The Extent of Family Violence in the Aboriginal and Torres Strait Islander Communities in the ACT - ACT Governments response, Act Government, Canberra 2003.

84. Memmott, P, Stacy, R, Chambers, C, & Keys, C, Violence In Indigenous Communities, op.cit, p59.

85. ibid, pp64-65.

86. ibid, pp65-66.

87. ibid, pp66-67.

88. Young, K, Research/Evaluation of Family Mediation Practice and the Issue of Violence: Final report, Legal Aid and Family Services, Canberra, 1996.

89. Ozols, E, Rekindling the spirit: An appeal from the heart, Paper presented at the Best Practice Interventions in Corrections for Indigenous People conference convened by the Australian Institute of Criminology held in Sydney, 8-9 October 2001, pp 10-14, Australian Institute of Criminology website, www.aic.gov.au/conferences/indigenous2/ozols.pdf (Accessed 14th January 2003).

90. Memmott, P, Stacy, R, Chambers, C, & Keys, C, Violence In Indigenous Communities, op.cit, pp67-68.

91. Australian Institute of Criminology, 'Tangentyere Night Patrol', in the Australian Violence Prevention Awards 1993, Canberra, 1998, pp.34-42.

92. Memmott, P, Stacy, R, Chambers, C, & Keys, C, Violence In Indigenous Communities, op.cit, pp69-70.

93. ibid, pp70-71.

94. Potas, I, Smart, J, Brignell, G, Thomas, B & Lawrie, R, Circle Sentencing in New South Wales a Review and Evaluation, New South Wales Aboriginal Justice Advisory Council and the New South Wales Judicial Commission, Sydney, 2003.

95. Memmott, P, Stacy, R, Chambers, C, & Keys, C, Violence In Indigenous Communities, op.cit, pp71-72.

96. ibid, pp72-73.

97. See: www.humanrights.gov.auhttps://humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice .

98. See: www.scu.edu.au/schools/ciap/

99. See Southern Cross University website: www.scu.edu.au/schools/ciap/courses.html , (Accessed 16th January 2003).

100. Memmott, P, Stacy, R, Chambers, C, & Keys, C, Violence In Indigenous Communities, op.cit, pp73-74.

101. Ibid, pp3-4.

102. ibid, p4.

103. ibid.

104. ibid, p76.

105. ibid, p4.

106. ibid.

107. Aboriginal and Torres Strait Islander Commission and Aboriginal and Torres Strait Islander Services, Submission to the Senate Legal and Constitutional References Committee inquiry into legal aid and access to justice, ATSIC/ATSIS, Canberra 2003, p6.

108. ibid, p7.

109. ibid, p14.

110. ibid, p15.

111. ibid, p16.

112. ibid, p14.

113. ibid, p14

114. ibid., p16.

115. ibid, p10.

116. Marshall, T., 'Criminal mediation in Great Britain' (1996), 4(4), European Journal on Criminal Policy and Research , p37.

117. Llewellyn, J and Howse, R, Restorative justice - a conceptual framework, Law Commission of Canada, Ottawa 1999, p2. See: www.lcc.gc.ca/en/sr/rj/howse/index.html

118. For an overview of these processes see: Aboriginal and Torres Strait Islander Social Justice Commissioner, Submission to the Northern Territory Law Reform Committee's inquiry into recognition of Aboriginal customary law, HREOC Sydney 2003.

119. Aboriginal Justice Advisory Council, Holistic community justice, op.cit, pp10-11.

120. ibid, p10.

121. ibid.

122. Ibid, p11.

123. Hylton, J H, Aboriginal Sexual Offending in Canada, The Aboriginal Healing Foundation, 2002, p157