Submission from Aotearoa New Zealand Association of Social Workers · 2015-12-06 · Aotearoa New Zealand Association of Social Workers (ANZASW) Page 3 Global Definition of the Social

Submission from Aotearoa New Zealand Association of Social Workers

Contents Aotearoa New Zealand Association of Social Workers .............................................................. 2

Global Definition of the Social Work Profession ....................................................................... 3

Contact Details: .......................................................................................................................... 3

Legislative framework: overview ............................................................................................... 4

The nature and dynamics of family violence across population groups ............................... 5

Definition of ‘family violence’ ................................................................................................ 7

Guiding principles .................................................................................................................. 9

Accessibility of protection orders ........................................................................................ 11

Effectiveness of protection orders ...................................................................................... 12

Property orders .................................................................................................................... 12

Police safety orders .............................................................................................................. 13

Family violence and parenting arrangements ..................................................................... 14

Family violence in criminal law ............................................................................................ 16

Victim safety in bail and sentencing .................................................................................... 17

Judicial powers in criminal proceedings .............................................................................. 18

Best practice......................................................................................................................... 19

Additional pathway .............................................................................................................. 19

Information sharing between agencies ............................................................................... 22

Information sharing with and between courts .................................................................... 22

Safe and competent workforce ........................................................................................... 22

Te Ao Maori .............................................................................................................................. 25

Aotearoa New Zealand Association of Social Workers (ANZASW) Page 2

Aotearoa New Zealand Association of Social Workers

Aotearoa New Zealand Association of Social Workers (ANZASW) is the professional body for a national collective of more than 3,500 social workers, who have day-to-day involvement with the most vulnerable people in our society. Our work is guided by a Code of Ethics that is aligned with the International Federation of Social Workers (IFSW). Social work is founded on principles of human rights and social justice. We are guided by the Treaty of Waitangi and respect the equality, worth and dignity of all people. In accordance with the March 2012 IFSW Global Agenda1 “we commit ourselves to supporting influencing and enabling structures and systems that positively address the root cause of oppression and inequality. We commit ourselves wholeheartedly and urgently to work together, with people who use services and with others who share our objectives and aspirations, to create a more socially-just and fair world”. We believe the overarching principles of social work are respect for the inherent worth and dignity of human beings, doing no harm, respect for diversity and upholding human rights and social justice. Our mission is to enable people to develop their full potential; our skill-set is problem solving and facilitation of positive change in individuals, organisations, whānau and communities. We recognise the environment contains opportunities for people to be both agents of change and victims of factors beyond their control. As a profession, we strive to alleviate poverty, foster social inclusion and liberate those who are vulnerable or oppressed. Social work is evidence-based and draws on theories of human development, behaviour and social systems. Social workers respond to crises and emergencies along with the personal or social problems that arise from experience of barriers, inequities and injustices within our society. Our interventions involve problem solving, development of coping strategies, one-on-one counselling and therapy, family and group work, agency administration, community organisation and helping people to access services, resources and support systems within their community. We work across government and non-government settings including community organisations, iwi agencies, private practice, youth justice, child protection, mental health, addictions and disability. We are involved in research, training, education, professional development, competency assessment, data gathering, risk assessment, structural analysis, interagency protocols and the improvement of social policy. This submission has been completed by a group of members who both have and interest in domestic violence issues and who are practitioners in the field.

1 International Federation of Social Workers, International Association of Schools of Social Work and

International Council on Social Welfare (2012). ‘The Global Agenda for Social Work and Social Development

Commitment to Action’. Available at isw.sagepup.com (accessed 13 June 2012)


Global Definition of the Social Work Profession “Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. Underpinned by theories of social work, social sciences, humanities and indigenous knowledge, social work engages people and structures to address life challenges and enhance wellbeing.”

Contact Details: Lucy Sandford-Reed CE ANZASW DX Box WX 33-484 Christchurch P: 03 349 0190 extn 4 M. 027 3490190 E: [email protected]

mailto:[email protected]


Legislative framework: overview What changes to legal tools and powers would ensure the law keeps pace with advances in understanding of family violence and how to address it?

The legislative framework needs to ensure that family violence legislative principles can overrule others. e.g. the abuse of role of the ‘enduring powers of attorney’(through the PPPR Act) can constitute elder abuse but not meet the legislative threshold of family violence where an older person with diminished capacity is not a “reliable witness” and no physical violence by medical assessment can be proven. Parenting orders need complete overhaul as they undermine the safety of the protected person and compromise the safety of the children who are protected by the Protection Order. Priority must be given to ensuring that the safety of victims and their children is paramount in all legislation. Central to understanding of domestic violence is the recognition that it is a pattern of events not discreet unrelated incidents. The legislation must fully recognise the impact and long term effects of psychological abuse. The legal tools such as Protection and Parenting Orders need to reflect gender neutral and diversity of applicants and respondent:

Many men (gay, disabled, straight, younger dads and older grandfathers) are applying for Protection & Parenting Orders. Many women (gay, disabled, straight, younger mum, older grand-mothers) are respondent to Protection Orders and have supervised access to their children.

The introduction of the Ministry of Justice Family Dispute Resolution mediation process compromises the physical and emotional safety of the Protected Person as they directed away from the court system and as a consequence are required to engage with their abuser / persecutor. Any revised legislation must ensure that there are no unintended consequences for victims and their children including re-victimization.

When the parent who is the applicant of a Protection Order resists a judge’s direction for Family Dispute Resolution the protected person is perceived to be mad, bad or sad by the judge and professionals who write supporting reports. Thus the family court is re-victimizing the protected person.

Legislative change must address the current way Domestic Violence Act and Care of Children Act clash to ensure parenting orders are established in ways (and revisited if needed) to ensure patterns of family violence are not perpetrated on a parent - therefore affecting that adult and their child/ren.


The nature and dynamics of family violence across population groups What changes could be made to address the barriers faced by each population group?

Better access to legal support for victims - this has got worse and puts many at risk. The provision of legal advocates in NGOs to assist with putting together affidavits and making Protection Order applications and better funding of Community Law Centres would go a long way towards improving access to legal support. As a matter of best practice services would be available in person’s first language. When people are frightened and stressed they don’t think and remember well therefore both careful explanation and clear written information is required. Elder abuse and abuse of disabled and migrant women in the must be included in the domestic violence jurisdiction including access to legal remedies. Change the language. If people, both victims and perpetrators, are to be assisted to process and move beyond violence, move beyond such all-encompassing labels, e.g. refer to a person who has been affected by family violence or who has committed family violence. This leaves room to acknowledge other aspects of being for those people alongside the family violence dimension.

Does the current legal framework for family violence address the needs of vulnerable population groups, in particular disabled and elderly people? How could it be improved to better meet the needs of these groups?

There needs to be a more comprehensive understanding of why elder abuse or the abuse of people with disabilities does not fit entirely into the legal framework for family violence. While the legal framework for family violence needs to be applicable to ALL population groups, there is a more comprehensive understanding required of the different types of dependency for adults who are vulnerable and reliant on the support / care of other family members (such as those with disabilities and older people. While they may theoretically have the legal rights of choice of choice about leaving abusive situations/seeking advice/making independent choices, they are frequently not in practical terms able to voice these and carry these out. The new EPOA provides better protection. Continued education about this in all languages needed through community groups, marae, churches. Better funding for Age Concern and other ethnic services for elderly to provide education and prevention is required if abuse in these populations is to be both recognised and victims supported to seek assistance. The current legal framework fails disabled and elderly who are abused by employed care givers (family and non-family) who are abusive. View Elder Abuse as a crime and not lett abusers ‘off the hook’. Currently these abusers are rarely if ever held accountable but rather


are often excused on the grounds of stress as carers. Informal and formal care giver abuse must be recognised and responded to by domestic violence legislation. Rural populations should also be seen as a particular population (along with ethnicity, sexuality, age and dis/ability) since rural whanau/families face multiple, severe social and geographic challenges to addressing family violence and securing access to appropriate legal and support services. Consideration needs to be give to establishing family violence courts in the south island and in rural settings. International research demonstrates networked and community based multi-dimensional approaches have longer-lasting impact, but they must be adequately resourced to respond to family violence alongside police, courts and family violence services.

What changes could be made to better support victims who are migrants, particularly when immigration status is a factor?

Frequently migrants who are victims have limited access to support independent of their “relatives/people group” and are reliant for emotional, language interpretation, physical, economic and emotional support from within their community. The threat of loss of immigration status is one strong psychological factor and the added difficulty of being believed / ostracized from the very source of community support that is needed. Psychological abuse needs to be a strong enough factor for reviewing immigration status of the individual and separating their legal marriage status from their immigration status.

Education for refugees and migrants about Family Violence laws and what supports there are in NZ is essential. Pro active Support for migrant women who do not have residency to access protection, safety, residency and basic needs/income support with perpetrators/sponsors being deported. Better screening by Immigration for family violence prior to granting residency or work visa along with Better information sharing and collaboration between Ministry of Justice, Immigration, Police & Corrections.

What other ideas do you suggest?

Our culture needs to change across New Zealand, and across all sectors. The law is only dealing with the problem after it has occurred. We had the beginnings of an attempt to make this change with Te Rito which is no longer funded. E Tu Whanau is a great programme but is targeted at Maori implying the problem lies with Maori. This is not the case, family violence occurs daily in well off, well educated pakeha families and in all ethnic and socioeconomic groups across New Zealand, where insidious psychological , emotional violence and coercive control flourishes.


Our parliamentarians, leaders and other ‘heroes’ demonstrate and flaunt their disrespect for women continually. Recent research paper on bullying of junior doctors is a good example of the belief that seems to flourish in New Zealand that people with positional power have no obligation to use this constructively, but rather that it is a license to intimidate others. The failure to provide a living wage and pay equity for women provides further examples of structural issues which fuel domestic violence. Targeting particular population groups shifts the focus from the fact that this is a ‘mainstream’ whole of society issue.

A victim / survivor of abuse gave me a very good phrase to work with about giving a voice “Don’t make decisions about me, without me, that impact me”.

In the Ministry of Justice Victim Centre have diverse representation from across population groups and cultures working closely with both the Ministry of Justice appointed Chief Victim Advisor and the Victim Centre which is positive. Victims and perpetrators with mental health, drug and alcohol issues, intergenerational family violence and cultural expectations re male and female roles have all featured strongly in the family violence cases, some of which is covered in the discussion document. The cumulative effect of family violence on children also needs to feature more strongly in the discussion document, as does the close relationships between family violence, child abuse, abuse of pets and significant cultural artefacts.

Definition of ‘family violence’ What changes to the current definition of ‘domestic violence’ would ensure it supports understanding of family violence and improves responses? For example: - more clearly explain the concept of ‘coercive control’ - use the term ‘family violence’ instead of ‘domestic violence’ - include the abuse of a family pet, where the abuse or threat of abuse is intended to intimidate or harass a family member.

Family Violence has become accepted usage now although in fact ‘domestic’ means ‘in the home’ but its common usage denotes Intimate Partner Violence in many people’s minds. Family violence somehow waters down the definition of violence to situational violence at the cost of neglecting the dangerous dynamic encapsulated in ‘Domestic Violence’. It is understood that the term Family Violence became commonly used in New Zealand in response to the Police need for a term to cover the full range of violent incidents occurring in the home. The term masks Intimate Partner Violence, and child abuse and elder abuse, and abuse of other vulnerable people in domestic situations. In the current Domestic Violence Act ‘coercive control’ is described but not named as such. Claire Murphy’s paper on Control Tactics (New Zealand Family Violence Clearing House)


provides in-depth descriptions of coercive control which could form a good basis for constructing a new definition, including pet abuse, under an example of intimidation. ‘Coercive Control’ (ref new UK law) should replace psychological abuse as the main heading in the Domestic Violence Act definition and should be followed with an explanation. Coercive control should be included in a new definition. The existing provision in the act that trivial events occurring as a pattern needs to be given more weight and to be clearly articulated so it is grounds for a Protection Order.

On the matter of 'domestic animals', revised legislation should be extended to all forms of harm or threat to harm fauna, flora and 'objects' and elements held as significant (or recognised as taonga) by the 'victim', e.g. cruelty to animals, despoiling or cursing of significant whenua, wai, flora or other elements of Te Ao Maori, desecration of significant sites/objects etc. Abuse of pets can become a barrier to victims leaving violence situations. If they believe they cannot take their pet with them they may remain in the home to protect the pet. It is appropriate to have information sharing protocols with the likes of SPCA and the Veterinary Association. This would facilitate reporting alerts when pets are presenting with unexplained injuries and at the same time the owner is showing physical and or emotional signs of abuse. Threat to life or property of victims’ family members living overseas by extended family of perpetrator who live in the same country of victim’s family needs to be included in any definition of domestic violence.

The definition of domestic violence is more of a problem for the law makers and law enforcers such as judges, lawyers, police officers, child youth and family social workers and corrections staff who have statutory responsibility to respond to coercive control. Victims / survivors /perpetrators do not live with ‘definitions’, rather they live with the experience of domestic violence.


Psychological abuse within the definitions of elder abuse is a separate category and can exist independent of economic or physical abuse (as is implied in the current legislation). Threats such as “You will locked up in a rest home if you don’t ….listen / do ….etc.” “You won’t see your grandkids again if you keep …..” don’t have to have any physical or economic imperative as such, but can constitute serious elder abuse where the older person lives in fear of not doing everything exactly as their abuser demands. To improve the responses of the statutory agents they family violence awareness training around power and control wheel must be part and parcel of initial training and ongoing development. The agency must provide support for staff, as through the training they might have a moment of realization that they are living or working in a coercive home or work environment (abuse / bullying culture).


Guiding principles How would guiding principles affect how the Domestic Violence Act and other legislation is implemented?

Guiding Principles would position domestic violence offences within a framework of rights. In situations where there are ‘grey areas’ it would provide guidance. It would ensure other legislation cannot take priority over domestic violence legislation. It would ensure other legislation is mindful of the dynamic of domestic violence. The guiding principle of any Act or legislation should be to protect those who cannot protect themselves; the vulnerable includes children and vulnerable adults. However interpretations of two Acts, the Care of Children Act and Children, Young Persons and their Families Act by Child Youth & Family expose the applicant and children of the applicant of Protection Orders to further re-victimization by care and protection social workers. Furthermore the Care of Children Act is quite clear in care and protection matters the victim of family violence shall not be blamed. All too often blame for the abuse is apportioned to the woman for her partner’s abuse. Child Youth and Family must apply the paramountcy principle to the protected parent and children rather than become a coercive agent re-victimizing the very children they should be protecting. Include principles that guide and inform agencies of dangers of “one size fits all” when working with different migrant and refugee communities.

What principles would you suggest?

Holistic principles that show that vulnerability is not only a factor for children, but for other population groups (e.g. older people) and for individuals at specific times or illness. Suggestions for Principles include:

Safety of victims and children paramount

Give abused / affected children a voice in legal processes that impact on them.

Give families respect in family courts and family group conferences.

Allow legal processes address harm done to be equitable, fair and restorative.

Domestic Violence is unequivocally unacceptable.

Freedom from Coercive control is a Human Right.

Inter-personal violence is a pattern of coercive control and should be treated as such.


The principle in law should reflect the victim of abuse as central to legal processes and not the offender and offer support to the victim by way of a Ministry of Justice approved or accredited Family Violence Advocate (NGO).

The principle in law (penalties) should reflect the nature and intensity of the harm done by the abuse and the duration of the abuse. Recognizing all forms of abuse as serious.

The principle should hold the perpetrators to account. Task the perpetrator to make amends and offer support to change by way of a Ministry of Justice accredited Family Violence Mentor (NGO registered counsellor, social worker or community/ health worker).

The principle in law should address the needs of victim his/ her family to heal and move forward together or apart.

New Zealand society needs to learn to live without using violence- physical or psychological - in every sphere of life not just in domestic relationships. A general discouragement of all forms of power and control in workplace, school, parliament, churches, institutions, would filter into the domestic sphere. Workplace and domestic worlds can’t be fully separated. New Zealand’s high rates of domestic violence reflect widespread lack of respect for each other.

How could including principles in the law reflect the nature and dynamics of family violence? For example: > include principles emphasizing developments in the understanding of family violence > include principles that guide how agencies are expected to respond to family violence, including particular population groups.

Development of family violence also needs to incorporate the broader understanding of “family”. The Elder Abuse definition includes “relationships where there is an expectation of trust” which reduces the emphasis on blood ties and living arrangements Overarching Principles should require policies at agency level in all Government Departments and Ministries, and be a required part of funding contracts with NGO providers. The domestic violence system must work with both victims and perpetrators. Working with perpetrators effectively - assessing their belief systems, motivations and applying appropriate treatment programmes rather than using a ‘blunt instrument’ does not preclude ensuring the safety of victims.


Principles that are incorporated already in other human rights legislation, Principals from United Nations charters that New Zealand has signed including UNDRIP and UNCROC.


Ministry of Justice can contract NGO agencies such as Barnardos, Catholic Social Services, Family Works, Women’s Refuge, Men’s Stopping Violence, Pacific & Maori Health & Social Services agencies to recruit, select, train, invest and support Ministry of Justice accredited and approved Family Violence Advocates or Mentors to work one on one with families to change. At present it is the Ministry of Justice contracting with NGO is for the individual parent to undertaking counselling or a safety programme in the NGO offices. The Ministry of Justice does not contract work for inside the home and if and where couples come together for mediation through Family Dispute Resolution, Family Dispute Resolution is not a pathway for addressing coercive behaviour or abuse.

Accessibility of protection orders What changes would you suggest to improve access to protection orders? For example: > increase funding for applications for protection orders > provide more opportunities for others to apply for protection orders on victims’ behalf.

Protection orders need to be free of legal costs for all applicants if we as a society are serious about access to safety. We've managed this for 'smoking free' and 'non-smacking' environments, so let's do the same for 'abuse free' futures for our people. The ability to make applications of behalf of victims would be helpful in some circumstances for some groupings such as people with disabilities, migrant peoples, and older people. More funding and reducing the bureaucracy of protection order applications would be helpful


Remove the cost of Parenting Orders Today I spoke with a social worker working with a 22 year old woman who is with a very controlling partner:

Our assessment is of extremely high risk he has already thrown her down the stairs and tried to strangle her. At the Doctors rooms his controlling and aggressive behaviour was so overt that the medical staff took her aside to question her safety. She has not included the more serious incidents in her statement to the police and does not have a Protection Order. She does not want/is not ready to leave him ‘yet’. It is our fear that she will leave it too late. Would she be safer if someone took out a Protection Order on her behalf? I doubt it. In fact the risk would escalate. But under the current law her evidence would be only hearsay. This would need to change. Resources such as Custodial residences would need to be available to protect both the victim and the social worker/witness/advocate who laid the complaint.


In circumstances such as this the social workers need the ability to be able to make a complaint about the coercive / abusive behaviour of the perpetrator.

Effectiveness of protection orders What changes could enhance the effectiveness, use and enforcement of protection orders? For example: > require Police to arrest for all breaches of protection orders, where there is sufficient evidence.

There was wide-spread support for requiring Police to arrest in all cases of breach of protection orders. Given recent examples of horrific results when breaches have not been acted on – arrests need to happen routinely. Evidence needs to be considered from a wider range of sources e.g. text messages, other witness statements”


Clear and explicit guidelines in plain language (with appropriate translations for English as second language speakers) about what constitutes breaking of protection orders: “no contact” includes ….. by phone, text, photographing, following by car ……etc. etc. The requirements of evidence need to be more clearly articulated. Women are told to record harassment but then this evidence is often not regarded as sufficient. Breach of a Protection Order must include any of the elements of Coercive Control. Where you have effective and efficient police, corrections, judges or lawyers responses please, please give them recognition and where it’s lacking please change the attitude and behaviour of demoralized staff.

Property orders What changes would enhance the effectiveness, use and enforcement of property orders? For example: > require judges to consider accommodation needs when making protection orders and to make property orders more proactively > simplify enforcement mechanisms.

Prioritise 'victim' safety, including their children, ahead of 'perpetrators' rights to relationship property or right as parents to their child. Enforcement needs to be possible otherwise the ‘unenforced threat’ becomes part of the abuse between the perpetrator and the victim.


Victim & children should remain in the home wherever possible - they have enough to put up with, at least they should be able to stay safely in their homes. Enforcement of Property Orders should be speedy and effective clear-cut and simple Unless breaches of Property Orders are taken seriously by enforcement agents (Police) they are not worth the paper they are written on.


Ensure that the older person has the ability to stay in their own home with paid carers to replace those who are abusive and ensure that property orders against the abusers are enforced. Access to monitored alarms for women staying in their homes is essential to maintain safety and should be part of the property order where there are breaches. Much more knowledge and care by all departments including Child Youth and Family, Police Work and Income and Ministry of Justice about not disclosing addresses if the victim has moved. Even sending mail to the old address gives the perpetrator information about the victim’s activities.

Ask the Commissioner of Police to go undercover in disguise as a new recruit. As a front line officer see up close and personal how messy it is for police to enforce a property order within the current parameters of the law.

Police safety orders What changes might enhance the effectiveness, use and enforcement of Police safety orders? For example:

> require Police to refer a perpetrator to services, such as short‑term housing > empower Police or a third party to support the victim to apply for a protection order, or apply on behalf of a victim, when a Police safety order is issued (if the victim consents, or does not object).

It is important that those who are already vulnerable by age, disability, immigration status dependent etc. to have independent support to apply for orders Safety orders should be for a longer period, maybe two weeks to allow decisions to be made in safety and should be policed to ensure offenders are compliant. There is a shortage of people to work with Offenders at this point. Short term housing would be a bonus and a necessity if this was a requirement. Third party POs have not been helpful in practice. This is already available under the act. If Police had the training and resources to facilitate applications this would help. NGOs already do this daily as do Victim Support when they accept referrals from the Police.


Police Safety Orders are only as effective and efficient when understood properly by the protected / bound person and the police sergeants & police officers understanding of the order. Police need the ability to be able to apply for a protection order on behalf of a migrant or refugee victim. This is a big issue seen when the victim starts the process, but gets subdued with pressure from overseas family members and gives up midway and choosing to remain in the violent relationship. Could the issuing of a Police Safety Order result in an immediate referral to the local family violence services so they could follow up with the victim within 24hours?


Some years ago HAIP (in Hamilton) instituted a ‘Cell Visitor’ scheme. Offenders were visited in the cells by this person as soon as possible after arrest. The model could be applied where Safety Orders or bail is in place. It was very effective as it engaged men while they were in the emotional stage of remorse and before they began to rationalise their behaviour, it greatly improved engagement in Stopping Violence programmes. The programme needs to be resourced and is effective only if carried out by people with competency in working with domestic violence.

Family violence and parenting arrangements How should risks to children and to adult victims be reflected in parenting arrangements under the Care of Children Act 2004?

There should be no requirement for victims to enter mediation when there is coercive control or violence is operating. Although the law says this is not needed, women are forced into it regularly. Experience suggests that there are few situations where mediation is safe when coercion or violence is present. Even when couples separate by mutual agreement there is often a strong inherent element of male dominance and privilege operating. The MAIN risk to children and adult victims is post-separation power and control, for example:

1. Access arrangements giving abuser access to the children they have exposed to abuse.

2. Hand over time gives abusers opportunity to re-victimize the protected person. 3. The abuser manipulating the children to maintain mind games over victim. 4. Supervision arrangement for children under the Care of Children Act should not sit

with a family member nor a family friend but a professional independent person. 5. The paid professional needs the ability to remain impartial and neutral.

Approaches to ensure that supervised access is not vulnerable to coercion tactics by abusers include:


a. Venues for supervised contact being in public places like parks, libraries, McDonald etc. This is not suitable how can the supervisor monitor this where there is more than one child?

b. To limit supervised contact to only the person on the Parenting Order. Grand-parents and extended family, who are not on the order, can have their own time separate.

c. Monitoring what is said, or given to the children by the abuser. For example the abuser getting information on the protected person’s new address, new relationships and work places from their children. Bribing the children with money, toys and birthday gifts.

d. Getting to be the fun parent because they do not have to do the mundane chores, do not have to disciple and because the venue is a fun place to visit.

The Family Court can currently direct the children’s contact with the non-care giving parent to occur at a Supervised Access Centre. The Family Court also has the power to direct a psychologists/psychiatrist’s and /or social workers report on the suitability of the parent to have contact with a child. All the reports can comment on and thereby inform the Court re the effect of and the on-going risk of violence to the child. The impact of psychological abuse and the effect of the child on witnessing the violence must be taken into account when access is being considered. There are major concerns about how current legislation leaves parents affected by abuse open to more trauma from 'perpetrator' and the legal system when Care of Children Act collides with Domestic Violence Act and leaves them exposed to further abuse especially mind games and emotional/psychological aggression.

How could parenting orders and protection orders be better aligned? For example: > clarify that a child’s safety from all forms of violence is to be given greater weight and be a primary consideration > require parenting orders to be consistent with any existing protection order > courts could be given broader discretion to consider risk to the safety of the child and to an adult victim when deciding parenting arrangements.

Parenting Orders should not be combined with Protection Orders. They each have a specific purpose. The question is with the introduction of Family Dispute Resolution are Parenting Orders fit for purpose? There is inherent danger when the criminal and family justice system blends both orders. They should not be blended into a combination but remain separate. So many lawyers and police view Protection and Parenting Orders as a combination. The ‘combination approach’ places the abusive parent in a position of power and control over the other parent through access with the children. Children have voiced concerns as well:

They don’t want to have time with [dad].

He’s never around.


His new partner keeps telling him [dad] she doesn’t want me around; but a judge says I must.

Separation is a fact of family life; it is painful for children and hurts families. But it is not abuse. Sensible families put their children first and come to their own parenting arrangements, agreed parenting plans and adjust to blended family. Where parents separate and there is NO abuse or violence parents had wanted a judge as arbitrator to make the decision for them and for it to be legally binding. This had been replaced by the new Family Justice Family Dispute Resolution mediation process for parents who still need to work through the pain of being separated from their children. Parenting orders are for the parents, they focus on the need of the dominant parent to be met and not the children’s.


Get rid of the false notion of ‘Parental Alienation’ which was never an evidence based concept and has been thoroughly discredited. Be guided by the principles underpinning the definition of family violence. Where there is violence, abuse, coercion and a Protection Order exists to confirm the presence of violence, abuse and coercion in the adult’s relationship, and then change the name of the Parenting Order to reflect the adult inter-personal abuse. Put the child at the centre of an order and not the parent by creating a “Children’s Order.” Bring a tight Children’s Order with access under professional supervision only. This would serve to so separate out the Parenting Order (non-violence shared care of children) which sits with families where there is no abuse.

Family violence in criminal law What changes, if any, could be made to the criminal law to better respond to family violence, including the cumulative harm caused by patterns of family violence? For example: > create a standalone family violence offence or class of family violence offences > create a new offence of psychological violence, coercive control or repeat family violence offending > make repeated and serious family violence offending an aggravating factor at sentencing.

It is vital that psychological violence is a separate category rather than as a secondary part of economic or physical violence. Repetitive patterns of abuse are central to most abusive behaviour and need to be considered in the principles underpinning legislation, the definitions of family violence as well as the legislative parameters of sentencing. Repetition of abusive patterns is an important factor for vulnerable people receiving care in their own. If police can refuse firearms licenses on the basis of ‘civil orders’ like protection


orders, then protection orders issued should be included in vetting processes for carer roles for people of all ages. Ask victims, would changing the law make things better for them? Any change will have unintended consequences. Slick lawyers will find ways to make the law work for their client. Ask offenders. Would changing the law make them stop? Any change is about making things easier for government and better for enforcement agencies.


Do what you plan to do create standalone family violence offences, including new offences and aggravating factors at sentencing. It won’t stop the violence and abuse. You cannot keep on doing the same (making more punitive legislation) and expect a different outcome, that is a drop in family violence crime statistics. It needs to be absolutely clear that there is no tolerance in our society for Coercive Control or physical violence against women and children or vulnerable adults, anyone in fact. It is specifically about Inter-personal Violence but it is also about the use of violence generally.

Today I have spoken with a youth worker in an upper socio economic area where an intermediate and a high school are failing to deal with rampant bullying. The victims get referred but no-one holds the bullies accountable. This is where we learn how to be experts at coercive control. We need to STOP it and make sure young people are learning that it is not acceptable.

Victim safety in bail and sentencing What changes would ensure victim safety is considered in bail decisions and sentencing decisions? For example: > require judges to make victim safety the paramount consideration in bail decisions in all family violence offences or for specific charges such as male assaults female > empower judges to place additional conditions on people on bail or remanded in custody for any family violence offence > improvements to bail.

Family safety needs to be stipulated in all cases and issues of vulnerability addressed for all family members (who are often witnesses to and psychologically abused in the process of physical and/or economic violence towards another family member) If offenders suffer some consequences - not being able to go to work, see their kids- let them know that these ARE the consequences of unlawful acts of violence. There is already a process called the Victim Notification Register which is underused by Police in bail processes. If victims were placed on the Victim Notification Register early on in


the investigation of serious crimes then the victim would have more police and corrections resources offered such as knowing court and release dates, and the ability to refuse a release to their area. The expectation is that a victim should feel safe when her abuser is in prison on remand or sentenced. Yet so many victims still get letters, phone calls, text and other forms of intimidation, harassment and threats directly or indirectly through third parties. The prison and community probation services need to be informed if unwanted contact is occurring while on bail, remand or sentenced and stop it. Police need to take action when it is reported by victims.


Ministry of Justice must offer the victim through the Court Victim Advisor a Safety Alarm and Home Security (locks, lights, safety equipment and if necessary a security guard) when a high risk offender being allowed to be on bail or evades arrest until such time as the offender is remanded in prison.

Judicial powers in criminal proceedings What powers should criminal court judges have to vary or suspend orders usually made by the Family Court, or to make orders at different stages in proceedings? For example: > give judges in criminal proceedings greater powers to vary protection orders on the basis of information they hear during trials > empower judges in criminal proceedings to refer the question of varying a protection or parenting order directly to the Family Court.

There was support for empowering judges in criminal proceeding to refer question of varying protection or parenting orders to the Family Court as this allows fairer representation from all parties and if necessary independent assessments from a social worker or psychologist, although there could be a funding issue attached to this. It is important for judges to be able to make variations as they are able to ascertain from the information available specific circumstances that require more or other types of protection such as an older person who is becoming frailer. Cleary if new information comes to light about histories of offending not known to the Court previously orders might needed to be amended. Concerned was expressed about the un-intended harmful verses helpful consequences to the children and the family. On the one hand you have women who want the violence to end but not the relationship. On the other hand, the manipulative parent will engineer his / her situation to come out on top because of the adversarial nature of NZ justice. An unintended consequence: it is that where a woman has used reasonable force to resist her partner’s violence and defends herself, and is also charged and in the criminal court, then the judge may revisit the Protection and Parenting Orders and consider cancelled and / or reversed them.



Of great concern is the practice of practitioners working in the family violence field overriding non association orders, protection orders etc when organising Family Group Conferences and other family hui. Examples have been given where practitioners are insisting that couples with non association orders and Protection Orders share a taxi to go to a Family Group Conference, Hui or meeting, or forcing couple counselling and family mediation. Ideally new legislation would allow for the introduction of a Victim Lawyer to represent the victim in criminal court matters in order to create a victim centric process. Too often police prosecution and defence alter the Police Summary of Facts to accommodate the perpetrator and the court, thus it favours the offender to get an early plea and the case through the court quicker.

Best practice What changes would you suggest to court processes and structure to enable criminal courts to respond better to family violence?

Streamlining family violence processes for quicker action requires courts and related organisations to work clearly and transparently together. Extending these processes throughout the country is imperative. Don’t let perpetrators get away with plea bargaining. Pay attention to the even the small crimes like wilful damage; that first charge of wilful damage is often an indicator. Families put up with a lot of abuse, coercion, power and control, mind games and violence before they call on police to intervene. Police and lawyers wonder why victims mistrust them and Ministry of Justice as to why the public do not have confidence in the justice system. It is because offenders who should be held to account by the court are seen as getting away with diversion and the opportunity to re-offend. When working with members of the refugee and migrant communities Judges must be empowered to request cultural reports from social workers who have a lived experience of being a migrant or refugee and who work in the area of family violence.

Additional pathway What are your views on an additional pathway for families who seek help to stop violence escalating?

Much elder abuse does not get reported into the justice system, because older people who are victims usually prefer to absorb abuse than to risk losing social connections with their relatives by bringing charges through formal processes. Less legalistic and more restorative


processes are more feasible but still require funding for agencies that provide the specialty input required to work in a family enhancement rather than legally punitive way. Many Polynesian families particularly want restorative justice type opportunities. Make absolutely sure and restorative justice domestic violence facilitators are thoroughly trained and licensed, There are instances where facilitators some are doing the work without having had the training. There are additional pathways for families who seek help to get help. Many families, couples and individuals do seek help. However it is a user pay process. If a separating couples want a Family Dispute Resolution and have the financial resources they can ask around, search the internet and contact Fairways. Well-resourced individuals or couples might mask power and control issues or fail to recognize abusive Clarifying the law to allow police to make a referral to a funded culturally appropriate service to ensure the victim is not re-victimised with a one worldview and one pathway attitude would be an advantage. It is note the report does not specifically state that a referral from the Police to Child Youth and Family should be made if there are children present at the Family Violence incident. Although this does happen currently, there would be serious concerns if this was not included in the recommendations as this is one way of dealing to cumulative harm that the children experience and breaking the cycle of intergenerational violence

Is such a pathway necessary or appropriate?

It is a misconception that Restorative Justice has to be about forgiveness and reconciliation. It can offer victims a place to be heard and their views and recommendations can be harsher than any court in the current climate. Restorative Justice also increases accountability for offenders. Tangata Whenua domestic violence Practitioners are passionate about wanting to include marae based components with whanau in the Stopping Violence programmes because this increases accountability. Some have done this very successfully but it is not funded under the current regime. The strongest feminist position emphasizes the safety of women and children. This position tends to oppose restorative justice and therapeutic pathways. I believe it doesn’t have to be an either /or situation. We can prioritise safety, take a clear and strong position that violence is a crime and still offer therapeutic pathways without compromising safety. The danger is that most people don’t seem to understand the lethality.

Somebody once said to me’ there are many women in the community who say they would not be walking round alive today if it were not for your interventions’.

We count the deaths, but we don’t have records of the ones who live because someone prioritized their safety.


What are your views on the range and type of services that might be appropriate in the circumstances?

The services should be free. Why put a price on breaking the cycle of violence. There should be two types of Ministry of Justice sponsored services fully funded centrally but coordinated locally to meet the needs of the community, police and probation:

One modelled along the lines of multiagency coordinating Strengthening Families and /or whanau ora set up for families with children and youth. This should sit within District Child Protection Teams.

The other modelled along the lines of interagency Family Safety Team targeting complex high needs family units with mental health and or addiction. It should sit within Central Police Stations.

What are your views on clarifying in law that Police take at least one of the following steps when responding to family violence reports: > file a criminal charge (or issue a warning) > issue a Police safety order > make a referral to a funded service or services or an assessment?

Referral to funded service must include enhanced collaborative processes continue between agencies. The value of agencies is that they are not perceived as statutory and provide a different emphasis on the restorative processes that are more mana enhancing of family relationships for the well being of older people. These principles can similarly be applicable in some cases of people with disabilities and those in minority groups of culture, sexual orientation, faith etc. NO WARNINGS. It’s a crime, gather evidence and charge. It MUST be a police requirement not discretionary. There was a preference for Police making a referral to funded services, and staying involved with that individual or family and the service provider. Police are already in partnership and walk alongside Rape Crisis, Victim Support, Women’s Refuge and Community Probation.


If there is no take up of the services by the client there must be a means for the service provider know and for Police to take note and or action if required. Police and probation officers and not just managers should individually widen their relationship with community organisation. Good working relationships are what are needed in a crisis and needs to be built and maintained outside of the Family Violence Interagency Response or Group meeting.


Information sharing between agencies What changes could enhance information sharing between agencies in family violence cases? For example: > creating a presumption of disclosing information where family violence concerns arise > stating that safety concerns ‘trump’ privacy concerns.

There was strong support for information sharing between agencies.

Information sharing with and between courts What changes could enhance information sharing between courts and between courts and other agencies, in family violence cases? For example: > require that judges are provided with information held by Police and other justice sector agencies > place a positive duty on parties to inform the criminal court of any related Family Court proceedings or orders.

There was strong support for information sharing with and between courts.


If the court sets a standard Police, other Government Departments & Ministries and NGOs will have a model to emulate. Information sharing between government statutory agencies must be put right first, especially between Health, Education and Immigration must share with Police, Probation & Courts.

Safe and competent workforce In your view, what impact would setting minimum workforce and service delivery standards have on the quality of services?

Endorsement of better services, and standards, but the funding for best practice training would need to be address if we are serious as a society about addressing these issues. Social workers could play a huge role in a new landscape addressing family violence. This is the single most fundamental issue throughout the whole of society as well as the Justice system. Most professionals, counsellors, lawyers, teachers, nurses, doctors, midwives, probation officers, police, management courses, do not get even basic training in their undergraduate training or workplace orientation. Some get a token few hours. All seventeen Social Workers Registration Board recognised social work schools cover domestic violence and care and protection, some with dedicated papers and others the content is included in courses with other titles.


There are three components required in domestic violence education: 1. Initially there needs to be the deconstruction conversation (similar to decolonisation

conversations) which expose the attitudes and beliefs that support and condone domestic violence - inequality of women, male privilege and entitlement, patriarchy etc; Michael Kaufman ( the White Ribbon Man) has good material on this- what he calls the 7 ‘ps’ of Domestic violence. This relates to the earlier question in this submission of ‘changing analyses of domestic violence’- although the current analysis has been around for a long time, it just hasn’t been grasped by the wider world.

2. There needs to be education on the dynamics of domestic violence, knowledge of how systemic interventions impact on those involved in domestic violence

3. skills training

I am regularly frightened when I deliver domestic violence Training by the lack of understanding and knowledge of those recruited into roles that are specifically to work with domestic violence eg: Family Safety Team. In one programme with seventeen participants, only two had not normalized domestic violence, and there was no analysis articulated.

The impact on setting new minimum workforce and service delivery standards would have on the quality of services would be initially to over burden workers and managers. It would also run the risk of taking staff time away from core business and potentially, like schools and hospitals, the managers will focus on the league tables and not the welfare and protection of vulnerable families, children and adults. Police already have high standards. Corrections and Courts already have minimum workforce and services delivery standards as practice monitored through Quality Assurance control processes where case management files are scrutinized. Each NGO agency has minimum workforce, delivery and service standards and while this is of a lower standard compared to government agencies as a result of inadequate technology and databases. However, the NGO sector makes up for higher professional standards and professionalism of their paid staff, through Supervision, Professional Development, and Professional Membership of a professional organisation and a professional Codes of Ethics. Setting clear standards/expectations for workers in terms of knowledge of different worldviews of domestic violence/family violence, different cultural perspectives and practices of domestic violence/family violence, different family structures, and knowledge of challenges and difficulties faced by migrants, refugees and asylum seekers in the new environment is essential. Setting minimum standards in terms of training and service delivery is a step in the right direction; however there is concern is around the word “minimum”, what does this entail/ what does this really mean in terms of a standard? Workers who do not have a good understanding of the dynamics of family violence can do significant harm. Ongoing funding


for professional development will be an issue and potentially a barrier to provision of better quality services.

What challenges do you see in implementing minimum statutory standards? For example: > establish minimum standards for workforce competence > require agencies and service providers to put in place policies and systems that support the workforce to practice in a responsive, safe and competent way.

The main barrier is male privilege and patriarchy. Why else would we NOT do it.

I have advocated for many years for NGOs to adopt overarching policy statements [in relation to domestic violence] but few accept that challenge and yet they happily accede to requirements for Child Abuse Policy.

The sort of deep seated change required cannot be achieved in isolated pockets or by superficial training. If we are serious about stopping domestic violence there needs to be education across the board. A society which allows its women and children to be targeted, victimised, marginalized and destroyed in the way NZ does is a sick society. As Jared Diamond (Collapse) says, societies that cannot adapt will self destruct. Can we afford to kill off our women and children or so oppress them that their contribution to society is undermined? Whenever gains are made they are followed by a backlash so we have for instance Father’s rights groups getting the ear of politicians and judges, and targeting, intimidating lawyers, judges and other officials as well as victims who support mother’s rights- do we ever hear of these? What about Children’s rights? A whole of society commitment, deconstruction of ideas of male privilege needs to occur among our political Leaders. Guiding Principles for Government agencies which up hold women’s equal rights need to be followed with policies which guide procedure and practice, including training in all government departments and ministries. Tertiary Education Institutions must include in-depth education on domestic violence across all sectors. No-one in groups of mixed professions can say they have never had a disclosure of domestic violence to deal with and most will say they feel inadequate to deal with it. Furthermore those who do have an analysis and work intelligently with the issue frequently feel unsupported and or worse, trivialized, n trying to carry out this challenging work of keeping women and children safe. New Zealand has done it for child abuse, why can’t we do it for domestic violence. Many NGO sectors such as Women’s Refuge, Rape Crisis and Victim Support rely on volunteers, where employment rules do not apply therefore NGOs are limited by imposing too many standards on their unpaid workers. Equally best practice relating to volunteer management encourages organisations to set and maintain expected standards for both volunteers and paid staff.



If you really want to uplift the standards of front line public workers invest in their professional development, reduce work place bullying, and allow workers time to embed changes in policies and practice that is driven by technical and legal changes. Lastly invest in human and other resources. Recruit more workers and get a better balanced co-gender 50% male: 50% female ratio of staff working as family violence specialist practitioners.

Te Ao Maori There is a lack of fit between current Western/White-stream legislation and Te Ao Māori, and practicalities for whanau faced with police and court processes, or opting-out. All things are connected. A Te-Ao-Maori-focused approach to domestic violence is needs to be incorporated throughout legislation, including the Domestic Violence Act and Care of Children Act). Family violence does not occur in isolation from other history or current contexts. Where legislation, police or court processes ignore or pay little attention to diverse Maori realities, these processes are frequently ineffective for our whanau long-term. Domestic Violence legislation is ineffective for Māori because it is predominantly White/Western in origin. This means whanau struggling with domestic violence frequently find police and legal processes are not accessible or workable, e.g. abused whanau often find it impossible to 'inform' on other whanau in the way police, lawyers or court processes request because even more 'power and control' is stripped from them in the process, and mana is threatened further in multiple ways. If real change is sought, consider alternative Maori lore and justice systems to work in partnership with revised legislation, with and for Maori and their abuse-free life. Recognise both rangatiratanga of tangata whenua and the fact that many Maori live outside their rohe or do not even have access to their whakapapa Recognise that when our whanau are abuse by Pakeha partners, the existing legal system frequently sees the 'perpetrator' able to access and use the law to their advantage, while wahine are positioned as 'unsuccessful' and 'inadequate' , for example in parenting, or in economic or educational or legal terms. More resources and requirements of staff should be established to ensure any Maori 'victims' or 'perpetrators' of violence receive the choice of Maori-focussed and/or general services that can recognise the diversity and complexity of domestic violence within Maori cases. Some Maori value access to 'white' services, while others value access to Te Ao Maori-focused services.


Regarding relevance of services for effective abuse prevention, all legal and social services should be required to develop more holistic and integrated responses, in order to address the interconnections between family violence and other challenges for Māori.

Documents

Submission from Aotearoa New Zealand Association of Social Workers · 2015-12-06 · Aotearoa New Zealand Association of Social Workers (ANZASW) Page 3 Global Definition of the Social