The Western Australian Family and Domestic Violence CASE ... · The Western Australian CASE MANAGEMENT AND COORDINATION SERVICE GOVERNANCE AND OPERATIONS MANUAL 3 Case Management

Family and Domestic Violence Unit

The Western Australian Family and Domestic Violence

CASE MANAGEMENT AND COORDINATION SERVICEGovernance and

operations Manual

Case Management and Coordination Service GOVERNANCE AND OPERATIONS MANUAL

DISClAIMERThe information contained in this manual was current at the time of publication. Certain aspects and details of the service system may change, however the principles, values and key elements of practice outlined herein will endure.

Published by the Department for Child Protection, Family and Domestic Violence Unit

2011

This document may be reproduced and copied for the purposes of information sharing and professional development with credit to the Department for Child Protection, Family and Domestic Violence Unit.

Suggested Reference:Department for Child Protection (2011). The Western Australian Family and Domestic Violence Case Management and Coordination Services Governance and Operations Manual, Perth Western Australia: Western Australian Government.


Contents Introduction .................................................................................................................................2

1. THE STRATEGIC FRAMEWORK

WA Strategic Plan for Family and Domestic Violence (2009–2013) ............................................5

2. THE GOVERNANCE AND REPORTING STRUCTURE

Governance and Reporting Structure ........................................................................................9

3. CASE MANAGEMENT GUIDElINES

Family and Domestic Violence Case Management Groups ........................................................13

Responding to Concerns for Harm to Children and Young People ..............................................32

4. REGIONAl COORDINATION AND REPORTING

Family and Domestic Violence Coordination Group ..................................................................35

Dealing with Differences ........................................................................................................42

5. TRANSFER OF ClIENT INFORMATION ACROSS REGIONAl BOUNDARIES

Transfer of Client Information Across Regional Boundaries .......................................................45

6. REPORTING REQUIREMENTS

Reporting Requirements ........................................................................................................47

7. MEMORANDUM OF UNDERSTANDING

Memorandum of Understanding for Information Sharing ..........................................................49

8. FAMIlY AND DOMESTIC VIOlENCE CASE MANAGEMENT FORMS ........................................57

9. REFERENCES

References ...........................................................................................................................69

The Western Australian CASE MANAGEMENT AND COORDINATION SERVICE GOVERNANCE AND OPERATIONS MANUAL 1


2 The Western Australian CASE MANAGEMENT AND COORDINATION SERVICE GOVERNANCE AND OPERATIONS MANUAL


IntroductionFamily and domestic violence is a complex problem requiring a multi-agency response across both State and Commonwealth Government departments and community sector organisations. It requires the involvement of police, the courts, corrective services, child protection, health professionals, legal professionals, advocacy services, accommodation and support services, counselling services and the education system.

The need to involve so many departments and organisations when responding to family and domestic violence can make it difficult for individuals and agencies to navigate the system. This is particularly the case when services operate in isolation from others.

The Western Australian Safety and Accountability Audit of the Armadale Domestic Violence Intervention Project (2007) clearly presented the shortfalls of not working collaboratively.

The Audit found that the collective capacity and processes of the intervening agencies was profoundly inadequate for:

• collectingmeaningfulinformation

• sharingthatinformationinatimelyandcautiousmannerwithotherinterveners

• linkingthatinformationtotheactualexperiencesofvictimsofabuse

• craftinginterventionsthatwouldmaximisetheprotectivenatureofinterventions.

“Institutions document and share information to accomplish a number of case-management goals… practitioners intervening in cases always gather information through a particular lens. The child protection worker, responding police officer, prosecutor, advocate and community corrections officer all deal with the same people, the same situation, the same past events, and the impact those events have had on people’s lives; however, each worker gathers information in ways particular to their case-management mandate. They gather information and record events, but do not attempt to record everything that happened. Instead, they are ‘charged’ with documenting issues of institutional relevance.”1

In order to address these shortfalls and achieve more cohesive and effective responses to family and domestic violence, a key strategy of the WA Strategic Plan for Family and Domestic Violence 2009–2013 is the implementation of an integrated response.

An ‘integrated response’ refers to collaborative and coordinated service delivery, within and between agencies, with a focus on victim safety and perpetrator accountability.

1 Western Australian Safety and Accountability Audit of the Armadale Domestic Violence Intervention Project 2007. p26



In WA a key structure/service model to support the establishment of an integrated response is the Family and Domestic Violence Case Management and Coordination Service (CMCS). The CMCS provides the structure, function, processes and tools to:

• facilitateinteragencycasemanagementofhigh-riskcases

• identifyandaddressgapsinserviceresponses

• identifyandaddresssystemicbarriers/issuesthatinhibitcoordination.

To support the work of CMCSs and to ensure consistency in responses across the State, this Governance and Operations Manual outlines the following:

1. The Strategic Framework

2. The Governance Structure

3. Case Management Guidelines

4. Regional Reporting

5. Transfer of Client Information Across Regional Boundaries

6. Reporting Requirements

7. Memorandum of Understanding for Information Sharing

8. Family and Domestic Violence Case Management Forms.

CMCSs must operate according to the processes outlined in this manual.

1. ThE STRATEGIC FRAM

EWORK

1. ThE STRATEGIC FRAMEWORK

The WA Strategic Plan for Family and Domestic Violence 2009–2013 (the Strategic Plan) is based on evidence of what works best in preventing and responding to family and domestic violence. It establishes a shared vision andacommonframeworkinwhichallorganisations—governmentandnon-government—andthebroadercommunity will work together to reduce the serious impact that family and domestic violence has on so many Western Australians.

The outcomes identified in the Strategic Plan are as follows:

1. Prevention and early intervention. Individual attitudes and behaviours within the community reflect that family and domestic violence in any form is not acceptable.

2. Safety for victims. Adult and child victims are safe and kept free from harm through timely and accessible services.

3. Accountability for perpetrators. Perpetrators are held accountable for their actions and are actively supported to cease their violent behaviour.

The CMCS is central to achieving outcomes 2 and 3.

DEFINITION OF FAMILy AND DOMESTIC VIOLENCEHistorically definitions of family and domestic violence have differed between CMCS member agencies. To achieve the common purpose and practices necessary for best outcomes, all CMCSs are to apply the following definition of family and domestic violence.

Family and domestic violence is considered to be behaviour which results in physical, sexual and/or psychological damage, forced social isolation, economic deprivation, or behaviour which causes the victim to live in fear. The term is usually used where abuse and violence take place in relationships including: intimate partner; same sex; between siblings, from adolescents to parents or from family carers to a relative or a relative with a disability. A key characteristic of family and domestic violence is the use of violence or other forms of abuse to control someone with whom the perpetrator has an intimate or family relationship.

The term ‘domestic violence’ usually refers to abuse against an intimate partner, while family violence is a broader expression encompassing domestic violence and the abuse of children, the elderly and other family members.

Aboriginal and Torres Strait Islander people generally prefer to use the term ‘family violence’. This concept describes a matrix of harmful, violent and aggressive behaviours. However, the use of this term should not obscure the fact that Aboriginal women and children bear the brunt of family violence2.

WA Strategic Plan for Family and Domestic Violence (2009–2013)

2 WA Strategic Plan for Family and Domestic Violence 2009–2013





STATEWIDE INTEGRATED RESPONSEA key strategy of the Strategic Plan is the development of a Statewide integrated response to family and domestic violence, to ensure early identification of violence and timely access to information and services.

The establishment and operation of CMCSs across WA is just one of many initiatives to support an integrated response. Other strategies include:

• astandardisedfamilyanddomesticviolenceriskassessmentandmanagementframework

• standardsofpracticeforgovernmentandnon-governmentagenciesworkingwithadultvictims,childrenandperpetrators of family and domestic violence

• reviewoffamilyanddomesticviolencefatalities

• thedevelopmentofStatewidedatacollectionstandardsandprocesses

• co-locationofchildprotectionstaffatWAPolicestations

• aStatewidemonitoringandevaluationframework.

EachCMCSisexpectedtoreferregularlytotheStrategicPlantoensurethatlocalpracticesandprioritiesremainconsistent with the Strategic Plan.

By working to achieve outcomes established in the Strategic Plan and using a common framework and tools, CMCSs will be able to identify issues and analyse gaps and inconsistencies across the State in a way that was not previously possible.



PRINCIPLESCMCSs are required to work according to the following principles set out in the Strategic Plan. Each principle is considered of equal value and importance:

1. Family and domestic violence and abuse is a fundamental violation of human rights and will not be tolerated in any community or culture.

2. Preventing family and domestic violence and abuse is the responsibility of the whole community and requires a shared understanding that it must not be tolerated under any circumstance.

3. The safety and wellbeing of those affected by family and domestic violence and abuse will be the first priority of any response.

4. Perpetrators of family and domestic violence and abuse will be held accountable for their behaviour, and acts that constitute a criminal offence will be dealt with accordingly.

5. Responses to family and domestic violence and abuse can be improved through the development of an all-inclusiveapproach,inwhichresponsesareintegratedandspecificallydesignedtoaddresssafetyandaccountability.

6. An effective system will acknowledge that to achieve substantive equality, partnerships must be developed in consultation with specific communities of interest, including people with a disability, people from diverse sexualitiesand/orgender,peoplefromAboriginalandTorresStraitIslandercommunitiesandpeoplefromculturally and linguistically diverse backgrounds.

7. Victims of family and domestic violence and abuse will not be held responsible for the perpetrator’s behaviour.

8. Children have unique vulnerabilities in family and domestic violence situations, and all efforts must be made toprotectthemfromshortandlong-termharm.

2. ThE GOVERNANCE AND REPORTING

STRUCTURE

2. ThE GOVERNANCE AND REPORTING STRUCTURE

The Governance and Reporting StructureThe CMCS is linked to a Statewide governance and reporting structure. The purpose of this is to ensure consistency in the operation of CMCSs across the State and to enable the reporting of local, regional and systemic issues to inform State planning. See Diagram 1 below for a pictorial representation of the CMCS Governance and Reporting structure.

A description of each of the levels of the Governance and Reporting Structure is provided.

Diagram 1

Governance and Reporting Structure for Family and Domestic Violence Case Management and Coordination Services

SENIOR OFFICERS’ GROUPThe Family and Domestic Violence Senior Officers’ Group (the SOG) is made up of senior representatives from all State and Commonwealth Government agencies that have a direct or indirect responsibility for victims and perpetratorsoffamilyanddomesticviolence.Representationfromthenon-governmentsectorthroughtheWomen’s Council for Domestic and Family Violence Services (WA) is also on the SOG.ThepurposeoftheSOGistoplan,manageandmonitorastrategicacross-governmentresponsetotheissueoffamily and domestic violence. Specific objectives of the SOG include:• ensuringacross-governmentcoordinationoccursinrelationtofamilyanddomesticviolence• informingthedevelopmentoftheMid-TermProgressReportandFinalReportrequiredtoevaluatethe

Strategic Plan• supportingagenciestoimplementanintegratedresponsetofamilyanddomesticviolenceacrosstheState• informingthedevelopmentandestablishmentofaFatalityReviewprocess• consideringremediestoregionalandsystemicissuesreportedthroughtheCMCSs.

Whole ofState Planning

Senior Officers’ Group

Department forChild Protection

Family and Domestic Violence Case Managementand Coordination Services


Operational management and support

Family and Domestic Violence Coordination

Group

Interagency Case Management Group





DEPARTMENT FOR ChILD PROTECTIONTheDepartmentforChildProtectionprovidesnot-for-profitorganisationswithfundingtoprovidefamilyanddomestic violence accommodation, outreach and counselling services. The CMCSs will complement the suite of family and domestic violence services already funded by the Department. This will help to achieve the Department’s mission of providing for the protection of, and care for, children and young people, and to support at-riskindividualsandfamiliesinresolvingcrisis.

Family and Domestic Violence UnitThe Family and Domestic Violence Unit (the Unit) identifies, informs and monitors the development of government policyonfamilyanddomesticviolence;coordinatescentralandregionalacross-governmentapproaches;andfacilitates community partnerships to address the issue of family and domestic violence.

The Unit is also responsible for supporting the operation of CMCSs and for developing Statewide interagency policies, procedures and tools, which have been endorsed by the SOG to support consistent, integrated responses.

The Unit also provides secretariat support to the SOG.

Non-Government Policy and Funding Unit

The Department for Child Protection provides funding and works in partnership with the community services sectortoprovideservicesfortheprotectionandcareofchildren,andtosupportat-riskindividualsandfamiliesinresolving crisis.

TheNon-GovernmentPolicyandFundingUnitisresponsibleformanagingtheDepartment’sfundingandcontractmanagementarrangementsforservicesprovidedbythenon-governmentcommunityservicessector.Fundedservices are aligned to the Department’s outcomes, and form a service group that share a common suite of specificationrequirementsaccordingtooutcomeobjectives,targetgroupandservicestrategies.Forexample:Out-of-HomeCarePlacementServices,ChildSexualAbuseTherapeuticServices,HomelessAccommodationandSupport Services, Financial Counselling, Domestic Violence Services and Youth Services.

TheNon-GovernmentPolicyandFundingUnitalsohaveleadresponsibilityforhomelessnessfundingthroughthe joint Commonwealth/State National Affordable Housing Agreement and Homelessness National Partnership Agreement.



FAMILy AND DOMESTIC VIOLENCE CASE MANAGEMENT AND COORDINATION SERVICESFamily and Domestic Violence Case Management and Coordination Services provide the structure, processes and tools to facilitate a significant part of the integrated response to family and domestic violence in Western Australia.

The primary role and function of the CMCS has been standardised across the State to include:

• aninteragencyCaseManagement Group • aFamilyandDomesticViolenceCoordination Group.

TheinteragencyCaseManagementGroupismade-upofoperationallevelpractitionerswhoworkcollaborativelytomanagetheriskandsafetyofhigh-riskdomesticviolencecases.

TheFamilyandDomesticViolenceCoordinationGroupismade-upofseniormanagersfromallagenciesinvolvedwith responding to family and domestic violence. Their role is to monitor and address local, regional and systemic barriers/issues that detrimentally affect victim safety, perpetrator accountability and the integrated response. The issues/barriers addressed by the Family and Domestic Violence Coordination Group may be identified and referredviatheCaseManagementGrouporfromanothersource(forexampleanindividualorganisation).Insituations where the Family and Domestic Violence Coordination Group is unable to resolve identified issues, they can refer to the Family and Domestic Violence Unit who will either work to resolve issues directly or refer to the Senior Officers’ Group for consideration.

The CMCS case management and regional reporting/coordination functions are equally important to the establishment of an integrated response and the achievement of victim safety and perpetrator accountability. Neither of these functions alone has the capacity to improve safety and accountability for individuals, and enhance systemic responses to family and domestic violence. Therefore for the success of the integrated response, it is critically important that both of these CMCS functions are operational and working in partnership.

Terms of ReferenceThe Terms of Reference for the CMCS are as follows:

• linkfamilyanddomesticviolenceserviceprovideragenciestogethertofacilitateintegrated,bestpracticelocalresponses to the identification, case management, coordination and monitoring of responses to family and domestic violence

• provideastructuredforumthroughwhichStatewideprotocolsarefollowedforthesharingofinformation,riskassessment and safety planning in relation to victims and perpetrators

• provideaforumfordiscussion,problem-solvingandplanninginrespecttobarriersandobstaclesthatimpedean integrated response to family and domestic violence at a regional level

• monitorfamilyanddomesticviolenceservicedeliveryandbecollectivelyaccountableforthequalityofservices to victims and perpetrators in the geographical area they cover

• participateinreviewsandevaluations.



MembershipIt is essential that all service providers in the region that have a direct or indirect role in providing voluntary or mandated services to family and domestic violence victims and perpetrators, participate in the CMCS.

Membership will vary from region to region depending on the agencies and organisations operating in that location.WherethefollowingStategovernmentagenciesareoperatinginaregionitisexpectedthattheywillparticipate in the CMCS for that region:

• DepartmentoftheAttorneyGeneral

• DepartmentforChildProtection

• DepartmentofCorrectiveServices

• DepartmentofEducation

• DepartmentofHealth

• DepartmentforHousing

• DepartmentofIndigenousAffairs

• DisabilityServicesCommission

• DrugandAlcoholOffice

• LegalAidWesternAustralia

• WesternAustraliaPolice

• MentalHealthCommission.

Commonwealth Government agencies, including Centrelink and the Indigenous Family Violence Prevention Legal Service, may also be represented depending on local requirements and circumstances.

Government agency participation in the CMCS will be endorsed by the agency’s representative on the Senior Officers’ Group.

Whilethenon-governmentorganisationsinvolvedintheCMCSwillvaryfromregiontoregion,itisexpectedthatrepresentatives from women’s refuges, domestic violence counselling and advocacy services, domestic violence outreach services, children’s services and men’s behaviour change programs will participate.

Fornon-governmentorganisationsthathaveaprimaryorsecondaryroleinaddressingfamilyanddomesticviolence, the requirement for participation in their local CMCS will be included in their Service Agreements at the timeofnextrenewal,ifitisnotincludedinthecurrentServiceAgreement.

Memorandum of UnderstandingTo support agencies participation in an integrated response, a Memorandum of Understanding (MOU) has been producedwhichsetsouttheparametersandcontextforsharinginformation.SignatoriestotheMOUhavecommitted their agency’s involvement in case management and the sharing of information pertaining to cases assessed as high risk.

A copy of this MOU is included in Section 7.

3.

CASE MANAGEM

ENT GUIDELINES

3. CASE MANAGEMENT GUIDELINES

The Case Management Groups consist of operational level practitioner staff from the CMCS agencies who work directly with victims and perpetrators. The Case Management Group is responsible for managing and monitoring domesticviolencecaseswithafocusoncasesassessedtobehigh-risk.

Forthosecasesthathavebeendeemedhigh-risk,theCaseManagementGroupisresponsiblefortakingactionto reduce the risk factors identified through the assessment process. The Case Management Group is able to do this through regular Case Management Group meetings.

The purpose of the Case Management Group meetings is to:

• share information

• determine whether the offender poses a significant risk to any particular individual or to the general community

• jointly construct and implement a safety plan to provide professional support to all those at risk, and to hold the perpetrator accountable for abusive behaviour.

It is not practical for the Case Management Group to consider case management for all cases involving family and domestic violence, due to the sheer number of possible referrals.

Itisexpectedthatmeetingswouldoccuratleastonceperfortnightwhilethelevelofimminentriskcontinuestobeassessedashigh.Themanagementofthecasecontinuestobefacilitatedviaamulti-agencyapproachbetween meetings.

TheCaseManagementGroupsdonotreplacetheworkofindividualagencieswhowouldbeexpectedtoworkcollaboratively as part of their daily work routines and respond to immediate risks.

The number of cases managed at any given time will depend on the capacity of each region to respond to theneedsoftheclients.Thecasemanagementfunctionshouldbeusedasashort-termapproachtoriskmanagement,andnotasalong-termapproachtocasemanagement.

WhO ATTENDS?Membership of each Case Management Group is determined according to the requirements of each case. However the core group is likely to include:

• the referring agency

• Department for Child Protection

• Western Australia Police

• Department of Corrective Services

• the local refuge/advocacy service

• perpetrator program facilitators.

Family and Domestic Violence Case Management Groups





Depending on the referred case and the level of involvement required, other agencies may be invited to attend the case management meeting. This may be determined from the responses to the Previous Agency Involvement Form or through the planning process. Case management meetings may discuss several cases, depending on the capacity of each CMCS. Not all agencies who are involved in a case will need to attend the fortnightly meetings, as the case management will continue outside of these meetings.

Some Case Management Group members could be involved in more than one case concurrently. Each case will have a designated Case Manager who carries overall responsibility.

In addition to the Case Manager role, a Meeting Chair is nominated for the case management meetings and the CMCS Coordinator may attend. A description of each of these roles is outlined below.

Case ManagerThe case manager has the overall responsibility for the case including liaising with the victim and ensuring that thevictim’sexperiencesandopinionsarerepresentedinthecasemanagementmeetings.Thecasemanageralsoretains original copies of the case management ‘paper work’.

Meeting ChairThe Meeting Chair facilitates the case management meeting. The Meeting Chair is rotated between representatives from the core CMCS agencies.

CMCS CoordinatorThe CMCS Coordinator is responsible for organising the case management and coordination group meetings. The Coordinator also records and stores information from the case management meeting required for reporting to the Family and Domestic Violence Coordination Group and the Department for Child Protection (Family and Domestic ViolenceUnitand/ortheNon-GovernmentPolicyandFundingUnit).

CASE MANAGEMENT GUIDELINESThe Case Management Guidelines provide CMCS Coordinators and Case Management Groups with an outline of the process involved with establishing risk, referring, managing and closing cases. This process includes the following steps:

1. determine risk 5. assign case manager

2. refer 6. plan

3. determine previous agency involvement 7. review and monitor

4. review all information 8. close case.

Steps1-3occurpriortocasemanagementmeetingsandsteps4-8occurduringcasemanagementmeetings.

Each of these steps is outlined in detail below, with the necessary forms and tools required to initiate this process.



STEP ONE: DETERMINE RISKRISK ASSESSMENT Where possible, the referring agency should complete a risk assessment using the Referral and Assessment Form at the time of first contact with the victim.

Where the referring agency is not able to undertake a risk assessment using the Referral and Assessment Form, they should complete what sections of the form they can using the information they have on file. Forexample,WesternAustraliaPolicemaydeterminehigh-riskthroughrecidivistfiles.

It is important to recognise that the information collected and stored on agency files does not usually give the ‘full picture’ of the situation. Agencies will only collect and document information that is needed to meet the requirementsoftheirmandate;forexamplePolicecollectinformationthatassiststhemtogatherevidenceforanarrest, and child protection services gather information pertaining to the child’s safety.

Gathering information from the victim is essential to the planning process. This information gathering is guided by questions that are designed to assess the level of abuse and the likelihood of further abuse. Together with system information, this information will give the Case Management Group sufficient evidence to safety plan.

Determining high-RiskDeterminations about the level of risk should be based on:

• considerationofevidencebasedindicatorsofhigh-risk

• victim’s assessment of the level of risk their partner/former partner poses

• clinical/professionalassessment(forexamplebasedontheexperienceandknowledgeofthepractitioner,‘what is the level of risk?’).

The Referral and Assessment Form askspractitionerstoconsideranumberofevidence-basedindicatorsofhigh-riskincludingescalationofthefrequencyandseverityoftheviolence,useofweapons,threatstokilletc.

The referring agency will determine the degree/level of risk in the first instance and initiate the referral to the Case Management Group via the CMCS Coordinator. The Case Management Group reviews the available information and must decide if the case will be case managed via this process. If the group cannot come to consensus, the process for Dealing with Differences should be undertaken.



REFERRAL & ASSESSMENT FORM CASE NO.

Referral Agency

Name

Date

Additional Agency Involvement (to be completed by CMCS Coordinator)

Name

Name

Name

Name

Name

Victim M F

Name

Alias

DOB / / Ethnicity

Address

Phone (H) (W)

Employer

Offender M F

Name

Alias

DOB / / Ethnicity

Address

Phone (H) (W)

Employer

Children (information on ALL children required)

Name DOB M/F Ethnicity School/Day-care Lives With?




REFERRAL & ASSESSMENT FORM (CONT.)

Aide memoirRISK ASSESSMENT PROCESSRisk or vulnerability factor

Presence of factor

yes No Unknown

Victim

Pregnancy/new birth

Depression/mental health issue#

Drug and/or alcohol misuse/abuse

Has ever verbalised or had suicidal ideas or tried to commit suicide

Isolation

Perpetrator

Use of weapon in most recent event

Access to weapons

Has ever harmed or threatened to harm victim

Haseverrapedorsexuallyassaultedvictim

Has ever tried to strangle the victim

Has ever tried to kill victim

Has ever harmed or threatened to harm or kill children

Has ever harmed or threatened to harm or kill other family members

Has ever harmed or threatened to harm or kill pets or other animals

Has ever threatened or tried to commit suicide

Stalking the victim

Controlling behaviour

Unemployed



History of violent behaviour (not family violence)

Relationship

Recent separation

Escalation-increaseinseverityand/orfrequencyofviolence

Financial difficulties

*This tool is composed of evidence based risk indicators that, where present, suggest an increased likelihood the victim will be killed or almost killed. # Mental health issues such as depression and paranoid psychosis, which focus on the victim as hostile, are high when they are present in conjunction with other risk factors, particularly a previous history of violence. The presence of a mental health issue must be carefully consideredinrelationtotheco-occurrenceofotherriskfactors.





Additional information




STEP TWO: REFERRAL Onceacasehasbeenassessedashigh-riskbythereferringagency,areferralismadebyforwardingtheReferral and Assessment Form to the CMCS Coordinator.

VICTIM CONSENT Where possible, and preferably at first contact, practitioners should seek the consent of the victim to have the case assessed for interagency case management. A Client Consent Form for Information Sharing is included inthismanual.Thevictimshouldbefullyinformedoftheprocessandbekeptup-to-dateontheprogressoftheinteragency planning process. Where possible and appropriate, risk management should have the victim central to the process.

Without victim involvement in the process, the risk to the victim may be heightened. Information provided by the victim around what they believe their level of risk to be, is critical in planning safety interventions. Victims can alert practitioners to situations that may pose a greater risk to their safety.

VICTIM CONSENT NOT GIVEN Whereapersonisdeemedtobeathigh-riskofharmandconsentcannotbegained,agenciesshouldrefertotheMemorandum of Understanding for information sharing in Section 7, which addresses the issue of disclosures in the public interest.



CLIENT CONSENT FORM FOR INFORMATION ShARING

[ ] FAMILy AND DOMESTIC VIOLENCE CASE MANAGEMENT AND COORDINATION SERVICE

Name

Address

Agency referring to the Case Management Group

We ask you for information about yourself so that we can make sure that we offer you the services, protection or support that you may need in order to monitor and manage your safety.

To make sure it is the most appropriate and effective service for you, it may mean sharing this information or obtaining information about you.

We will use your information to help us manage and/or plan services that will help to keep you and/or your children safe. This will be in the form of a Case Management Safety Plan, the development of which will involve you.

DECLARATION I agree that information about me and my dependants may be used for the purposes described above.

Signed

Date




STEP ThREE: PREVIOUS AGENCy INVOLVEMENT

Following receipt of a Referral and Assessment Form, the CMCS Coordinator forwards the Previous Agency Involvement Form including the name of the victim, dependent children and the perpetrator, toCMCSmemberagencies(forexamplecoregroupmembersandotheragenciesororganisationsinthearea that play a role in responding to individuals affected by or perpetrating family and domestic violence). Completed forms are returned to the CMCS Coordinator, who adds the names of agencies with previous involvement to the original Referral and Assessment Form.

The information on the Previous Agency Involvement Form is used to inform who needs to be involved in case management of the referred case/clients and to begin the CMCS case management process.



PREVIOUS AGENCy INVOLVEMENT FORM

Agency name

Victim name

Perpetrator name

Child name

Child name

Child name

Child name

Child name

Child name

Date of previous involvement

Duration of previous involvement




PREVIOUS AGENCy INVOLVEMENT FORM (CONT.)

Brief description of previous involvement: (include presenting problem and response given)




STEP FOUR: REVIEW OF ALL INFORMATION

Oncesteps1-3havebeencompletedcasemanagementcancommence.Ateachcasemanagementmeetingallservice and agency representatives must sign the Confidentiality Declaration included in this manual.

At the Case Management Group meeting the referring agency speaks to the case, outlining the history, current situation and risk factors.

If other agencies have been involved, they describe their involvement with the case, known risk indicators and any information about the current situation that can inform case planning.

TheCaseManagementGroupthenexaminesthecurrentsituationandhistory.

Belowareexamplesofquestionsthatcanbeaskedduringthecasereview:

• What are the immediate safety concerns for this case?

• What immediate action is required to protect the victim and child/ren?

• What additional information is required to ensure the group has the full picture?

• Howwillmissinginformationbecollected?Forexample,whowillinterviewthevictim?

• If there was previous agency involvement, was it effective, what was it that worked well and was there anything that could have been improved?

• What was the victim’s perspective on previous agency involvement?

• What does the victim say will assist her to keep her and her child/ren safe?



CONFIDENTIALITy DECLARATION


Date

The Chair of the meeting reminds all concerned about the Memorandum of Understanding for Information Sharing.

Information discussed by the agency representatives within the ambit of this meeting is strictly confidential, and must not be disclosed to third parties without agreement of the partners of the meeting.

All agencies should ensure that the information contained within the Case Management Safety Plan/s is retained in a confidential and appropriately restricted manner.

The purpose of the case management meeting is to:



• jointly construct and implement a safety management plan and to provide professional support to all those at risk.

By signing this document, we agree to abide to these principles.

Attendees

Name Signature Agency




STEP FIVE: CASE MANAGER ASSIGNED

The Case Management Group decides whether the referring agency can act as the case manager. If it is not within their role then a case manager is nominated.

The Case Manager ensures ongoing support is provided to the victim and represents the victim’s views to the Case Management Group.

The Case Manager records the outcomes of the case management meeting on the Case Management Safety Plan, which becomes the recording document that is used throughout the management of the case. The Case Management Safety Plan is also used to monitor and review each case.

Following each meeting the Case Manager stores the Case Management Safety Plan, together with other documentation such as the Referral and Assessment Form and the Previous Agency Involvement Forms, on their agency case file.

The Case Manager forwards a copy of the updated Case Management Safety Plan to agencies who have key actions following each meeting.

Please Note: The CMCS Coordinator may also retain copies of the Case Management Safety Plan, Referral and Assessment Form and Previous Agency Involvement Forms in instances where there is irregular attendance of the agency undertaking the role of Case Manager. In these instances the responsibility for safe and appropriate storage of the information sits with the funded/auspice agency, meaning that the information must be storedinlinewithagencypoliciesandprocedures,forexampleinsecurepremisesoralockedcabinet.

CMCS Coordinators should not in any circumstance undertake Case Manager responsibilities.



STEP SIX: PLANNING The information gained from the case review, together with the information collected on the Referral and Assessment Form and the Previous Agency Involvement Form, is used to plan strategies for managing the risk. All strategies developed and agreed upon by the Case Management Group are recorded on the Case Management Safety Plan.

Questions that can be considered to inform the safety planning process include what can be provided through the:

• criminal justice system?

• legal system?

• advocacyandsupportsystem?Examplesarecounselling,rehabilitationandfinancialsupport

• child protection system?

• education system?

• health system?

• housing system?

By responding to the questions above, the Case Management Group can ensure the strategies developed during the planning process consider the role and responsibilities of all agencies and service providers in responding to family and domestic violence, and in doing so ensure that all possible opportunities for reducing risk are considered. In addition, case planning in this way enables systemic gaps or shortfalls to be identified.

ChECKLIST FOR ACTIONSEach strategy decided upon by the Case Management Group during the planning process must be analysed by the Group in terms of safety and accountability. The following questions are asked for each strategy agreed upon by the Group:

1. Does this strategy hold the perpetrator responsible for the violence?

Forexample,ifitisachildprotectionissue,isthevictimbeingmadetoprotectthechildrenfromtheabuse,or are there strategies in place to challenge and change the perpetrator’s violent behaviour?

2. Does this strategy offer a safe alternative for the victim or does it pose risks? What are the consequences of undertaking this action?

Forexample,ifthevictimisreluctanttotakeoutaViolenceRestrainingOrder,thegroupneedstodeterminewhy. This is important because the victim may believe that undertaking this strategy will increase risk or affect chances of reconciliation in the future.

The Case Management Group’s first meeting may focus on gathering the required information to inform the planning process. Strategies may not be developed until the second meeting.



CASE MANAGEMENT SAFETy PLANTo be completed and retained by Case Manager

Case ID Number

Referring Agency

Client/Victim Name

Perpetrator/Offender Name

Child/ren Name/s




CASE MANAGEMENT SAFETy PLAN (CONT.)

Date Responsible Agency By When

Strategy

Strategy Outcome


Strategy

Strategy Outcome


Strategy

Strategy Outcome




STEP 7: REVIEW AND MONITORING

Following the development of strategies to reduce the risk to a victim and the children, the focus of the Case Management Group in subsequent meetings is to review and monitor the progress of those strategies.

To do this each strategy is discussed in terms of:

• Was the responsible agency able to undertake the task assigned from the previous meeting? If not, why?

• Has the strategy been successful in reducing risk and/or increasing perpetrator accountability?

Thisinformationisrecordedinthe‘StrategyOutcome’boxontheCase Management Safety Plan.



STEP 8: CASE CLOSURE

The case management process allows for the ongoing monitoring and review of the risk indicators to determine a reductionorescalationofabuse.Onceacasehasbeenassessedthroughtheassessmentprocessasnothigh-risk, the case can be closed by the CMCS Case Management Group.

The assigned case manager will continue to work with the victim where ongoing support is required, following a case being closed.



Responding to Concerns for Harm to Children and Young PeopleAll CMCS member agencies have a duty of care to children and young people, to report instances of child abuse or neglect. Cases of suspected abuse or neglect referred to or identified by the Case Management Group should be reported to the Department for Child Protection or the Western Australia Police.

Children will be involved in a majority of cases referred to the Case Management Group. It is important that the case management function does not undertake management of cases involving suspected abuse or neglect; this is the role of the Department for Child Protection. In cases where the Department for Child Protection assesses a case for support and not statutory intervention, the Case Management Group will continue to monitor the risks to the child or young person and a referral to the Department for Child Protection may be instigated if the risk to the child or young person escalates.

Mandatoryreportingofchildsexualabusebydoctors,midwives,nurses,teachersandpoliceisinoperationin Western Australia. The Department for Child Protection or the Western Australia Police may investigate suspected abuse or neglect. The Case Management Group should consult with the Department for Child Protection or Western Australia Police before taking any action, as this may compromise any investigation.



CASE MANAGEMENT MEETING AGENDASee below a suggested standing agenda for case management meetings. Case management meetings should be convened fortnightly.

(Name of Region) Case Management Meeting

Date and time of meeting

Venue

Present(Name of attendee) (Name of Department/Agency)

Apologies(Name of attendee) (Name of Department/Agency)

Chair: (Name of Chair of meeting)

Item 1Confidentiality declaration completed

Item 2Referrals presented

Item 3Refer to and complete steps 4–8 of the Case Management procedure

Item 4Strategies reviewed and outcomes documented

Item 5Refer to and complete Summary Table 1: Issues/Barriers Arising during Case Management

Item 6Ongoing monitoring and review

4. REGIONAL

COORDINATION AND REPORTING

4. REGIONAL COORDINATION AND REPORTING

Family and Domestic Violence Coordination GroupThe Family and Domestic Violence Coordination Group is comprised of senior managers from each of the agencies participating in the CMCS in the district. The overall responsibility of the Group is to ensure a region/ district focus that contributes to achieving safety for victims and accountability for perpetrators, as outlined in the Strategic Plan.

The Family and Domestic Violence Coordination Groups work according to the CMCS Terms of Reference. Their specific role is to:

• consider the framework and priorities established by the Strategic Plan and set the operational direction for the CMCS

• determine the number of Case Management Groups required to serve the region

• receive and take action in relation to reports on the activities of local Family and Domestic Violence Case Management Groups in the region

• monitortheextenttowhichintegratedresponsesthroughtheCaseManagementGroupsareeffective

• discuss, and where possible resolve, barriers to victim safety and perpetrator accountability identified by the Case Management Group

• refer barriers that cannot be addressed at a regional level to the Department for Child Protection’s Family and Domestic Violence Unit for placement on the Senior Officers’ Group agenda

• monitor the overall capacity of the family and domestic violence response in the region and the degree to which it is coordinated.

The frequency of meetings is determined by local needs, but must occur at least once each quarter.

Some regions may decide to use their Human Services Regional Managers Forum or Child Safety Directors Group to fulfil the responsibilities of the Family and Domestic Violence Coordination Group. This can be done by placing a standing item ‘Family and Domestic Violence’ on the meeting agenda. Time must then be allocated for the group’s family and domestic violence responsibilities, including responding to family and domestic violence matters raised by the CMCS Coordinator or individual agencies.





REFERRING LOCAL, REGIONAL, AND SySTEMIC ISSUES TO ThE FAMILy AND DOMESTIC VIOLENCE COORDINATION GROUP

Defining Local, Regional and Systemic IssuesDuring the case management process, CMCSs will likely identify a number of different issues/barriers to victim safety and perpetrator accountability. Important for determining how an issue is best resolved will be identifying whether it is local, regional or systemic. Definitions of each are provided below.

Local Issue:‘Local’referstoissuesorbarriersthatareuniquetoaparticularlocation;forexample,longwaitinglists for a particular service, transport issues, police/ambulance response times to a particular location, difficulties keeping an individual’s location confidential.

Regional Issue:‘Regional’referstoissuesorbarriersthataffecttheentireCMCSdistrict;forexample,difficultyaccessing crisis accommodation due to high demand and few available beds, difficulty engaging a core agency, reluctance to share information, no perpetrator programs in the region, inhibitive agency policy.

Systemic Issue: ‘Systemic’ refers to issues or barriers that are created by legislation or agency policies; for example,consentrequiredfora72-hourpoliceorder,requirementthataViolenceRestrainingOrdermustbeserved before it is activated, the priority given to family and domestic violence, workforce development and training.

In the majority of instances local issues will be resolved by the Coordination Group and systemic issues considered by the Senior Officers’ Group. Regional issues may be able to be addressed by the Coordination Group, but may also be referred to the Senior Officers’ Group.

Reporting Process

1. Document Issue

InthefirstinstancetheCaseManagementGroupshouldtrytoresolvetheissue/barrieridentified.Forexample,if it is an issue related to information sharing and/or working relationships, this may be able to be resolved at the practitioner level (refer to Dealing with Differences p. 43).

If the Case Management Group cannot resolve the issue/barrier, the Coordinator, with support of the group, should record the issue in Summary Table One. The issue must be recorded in sufficient detail so a lay reader could understand. At this point it is important for the Coordinator to identify whether this is a local issue (relevant to just one location/town) or a regional issue (affecting the whole region).

PLEASE NOTE: If an issue is identified during a case management meeting that cannot be resolved and affects the immediate safety of the victim, practitioners may need to seek advice from their manager/supervisor. The Family and Domestic Violence Unit can also be contacted for guidance on how to proceed.



2. Refer to the Coordination Group

The CMCS Coordinator or service provider should then raise the issue for discussion either at the Coordination Group meeting or with a Coordination Group member directly. It is at the discretion of the Case Management Group members as to whether an issue is addressed directly with an agency or whether it is tabled for the whole CoordinationGrouptodiscuss.Forexample,aconcernrelatedtoadrop-offinuseofPoliceOrderscouldbediscussedwithPolicedirectly.Aresourcingissue,forexamplelackofavailablecrisisaccommodation,couldbediscussedamongstthewholeCoordinationgrouptoexploreorseekalternativesolutions.

The Coordinator must record the outcomes of the Coordination Group discussions in Summary Table Two.



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REFERRING ISSUES/BARRIERS TO ThE FAMILy AND DOMESTIC VIOLENCE UNITThe outcomes from the Family and Domestic Violence Coordination Group meetings must be recorded on Summary Table 2 by the CMCS Coordinator. This document provides space to document each item/issue discussed during the Family and Domestic Violence Coordination Group meeting, the outcome of that discussion (forexamplewhethertheissuecouldberesolved),andwhetherreferraltotheFamilyandDomesticViolenceUnitis necessary.

The information recorded in Summary Table 2shouldbeusedtoinformresponsesinthesixmonthly Progress Report.

The Progress Reports include two specific questions related to reporting regional and systemic issues (seeexcerptbelow).

Question 2.a.i. Please describe the current/emerging issues for the FDV Case Management Group during the reporting period.

Question 2.a.ii. Please describe how the FDV Coordination Group addressed the issues raised by the Case Management Group.

Once the progress reports are received, the issues identified will be analysed to identify systemic or ‘Statewide’ issues and common themes across regions. Following this analysis, the Family and Domestic Violence Unit will eitheraddresstheissuedirectly(forexamplewithasingleagencyorSeniorOfficer)and/ortabletheissueforconsideration by the Senior Officers Group.

CIRCULATING INFORMATION BACK TO ThE REGIONSThe Family and Domestic Violence Unit will directly report to regions on progress of issues reported to the Unit and/or to the Senior Officers’ Group. Where issues have been successfully dealt with within a region, the Family andDomesticViolenceUnitwill‘showcase’thesuccessfuloutcometoallCMCSsasexamplesofgoodpractice.

In this box, Coordinators should record issues/barriers to victim safety and perpetrator accountability identified during case management.

In this box, Coordinators should record the outcomes of Coordination Group discussions, including issues that could and could not be resolved.



FAMILy AND DOMESTIC VIOLENCE COORDINATION GROUP MEETINGSWhere the Family and Domestic Violence Coordination Groups are convened, the Group will operate its meeting on a Standing Agenda.

Where the Case Management Groups report to Human Services Regional Managers Forums (HSRMF), a report from the Coordinator will be a Standing Agenda Item on the HSRMF Standing Agenda. In this case only, Items 1-3 from the Standing Agenda template below will apply.

(Name of Region) Family and Domestic Violence Case Management and Coordination Group

Date and time of meeting

Venue

Present(Name of attendee) (Name of Department/Agency)

Apologies(Name of attendee) (Name of Department/Agency)

Chair: (Core group member)

Item 1Coordinator presents report from case management meeting (Summary Table 1: Issues/Barriers Arising During Case Management).

Item 2 Issues raised at case management meetings discussed and where possible resolved/responded to. Outcomes of discussions should be recorded on Summary Table 2: Family and Domestic Violence Coordination Group Reporting Table.

Item 3Issues that cannot be resolved are documented on Summary Table 2 for reporting to the Family and Domestic Violence Unit.

Item 4Representative agencies report on trends and issues.

Item 5Other business

Item 6Nextmeeting



Dealing with DifferencesAninteragencyresponsetoanycommunityissueiscomplex.Undertakinganintegratedresponsetofamilyanddomesticviolencebringsitsownuniquechallengesgiventherangeofgovernmentandnon-governmentagencies that can be involved in responding to victims and perpetrators.

From time to time problems and issues will arise that impact on the ability of the CMCS to operate effectively. Differences of opinion, disputes and grievances in relation to family and domestic violence issues in the region may occur at the level of a Case Management Group or Family and Domestic Violence Coordination Group.

For CMCSs this means that differences, disputes or grievances should be negotiated at the lowest and most informallevelpracticalinthefirstinstance.Ifthisisnoteffectivethenexistinggrievanceresolutionproceduresshould be followed.

Therewillhoweverbeinstanceswheretheissuecannotberesolvedataninformallevelorthroughexistinggrievance procedures. In these cases alternative processes will be required. The attached flow chart outlines howdifferentdisputescanbeaddressed.Inallcasestheprocessmustbedocumented.Examplesofdisputeresolution processes include:

• Between a referring agency and a local Case Management Group—a referring agency disputes an assessment of risk by a Case Management Group. Where there is disagreement around the assessment of risk, then the matter is to be referred to the Family and Domestic Violence Unit. If the matter cannot be resolved with the assistance of the Unit, it will be referred to the Family and Domestic Violence Coordination Group.

• Disputes at the level of Case Management Groups or Family and Domestic Violence Coordination Groups—where the dispute concerns the planning and management of a case, the CMCS Coordinator is to refer the matter to the Family and Domestic Violence Unit. If the matter cannot be resolved with the assistance of the Family and Domestic Violence Unit, it will be referred to the Family and Domestic Violence Coordination Group. If resolution cannot be achieved at this level, the matter should be referred to the relevant Senior Officers’ Group member.

• Where the dispute concerns a formal policy or procedure of an individual agency—this should be referred to the Family and Domestic Violence Coordination Group. If resolution at this level is not achieved, the matter should be referred to the Family and Domestic Violence Unit who will facilitate a meeting with the relevant Senior Officers’ Group representative.



DEALING WITh DIFFERENCESThis flow chart may help resolve practice issues. To report local, regional and systemic issues, refer to the earlier section, ‘Referring Local, Regional and Systemic Issues/Barriers to the Family and Domestic Violence Coordination Group’.

In all cases, the dispute resolution process must be documented.

Dispute resolution steps Parties who may be involved

The Department for Child Protection, Family and Domestic Violence Unit facilitates the dispute resolution

The person responsible asks Department for Child Protection,

Family and Domestic Violence Unit to facilitate the dispute resolution

The person responsible tries to resolvethedisputeusingexisting

grievance procedures

The person responsible tries to resolve the dispute informally

A person takes responsibility for resolving the dispute

A dispute arises

The Department for Child Protection, Family and Domestic Violence Unit may invite relevant Senior Officers’ Group member/s to participate and/or refer the dispute to the Family and Domestic Violence Coordination Group

• Relevant Family and Domestic Violence Coordination Group member/s

• Line managers of relevant practitioners

Department for Child Protection, Family and Domestic Violence Unit

• Relevant Family and Domestic Violence Case Management Group member/s

• Relevant practitioners from referring agency• Relevant Family and Domestic Violence

Coordination Group member/s (if dispute is located there)

5. TRANSFER OF CLIENT INFORMATION

ACROSS REGIONAL BOUNDARIES

5. TRANSFER OF CLIENT INFORMATION ACROSS REGIONAL BOUNDARIES

Transfer of Client Information Across Regional BoundariesAn issue that will inevitably arise is the request for information between CMCSs. This will be in part due to the transient nature of domestic violence clients, who for several reasons will move to alternate locations.

The reasons may include:

• the need to relocate victims for their safety

• victims relocating for their safety without the knowledge of agencies

• perpetrators wanting to isolate their partner

• perpetrators moving due to agency/legal/statutory attention.

In such situations the issue of information sharing across locations requires a sensitive and considered approach as it has the potential to pose additional risk to the victim/s.

Until such time as a tracking system can be developed to enable information to be stored and released in a controlled way, the following procedure will be used.

Situation 1

Where a case has been actively managed by a CMCS and relocation of the victim is required to manage safety; forexample,theclientagreesto,orrequestsrelocation.

1. The CMCS uses the Referral and Assessment Form and completes a summary of the case in the Additional Information section.

2. The Referral and Assessment Form is forwarded to the Coordinator within the region the relocation is to occur.

3. The case is presented to the Case Management Group and undertaken within the case management process.

Situation 2

TheCMCShasreceivedareferralfromanagencyhighlightingthatitisahigh-riskcaseandtheclientcannotbelocated.

1. The CMCS uses the Referral and Assessment Form and completes a summary of case in the Additional Information section.

2. Referral and Assessment Form is forwarded to CMCS Coordinators within all regions.

3. The case is presented to the Case Management Group and if the client is known to any agency, the Case Management Group would proceed within current case management procedures as per any referral.



6. REPORTING

REqUIREMENTS

6. REPORTING REqUIREMENTS

Reporting RequirementsEachCMCSisrequiredtoprovideasixmonthlyProgressReporttotheDepartmentonitsactivities,achievements and issues, including activities of the Family and Domestic Violence Coordination Group (or Human Services Regional Managers Forum) and the Case Management Groups. The CMCS Coordinator is responsible for preparing this report.

From time to time the Family and Domestic Violence Unit might request additional information or data from the CMCS.

Urgent issues can be reported directly to the Family and Domestic Violence Unit as the need arises, however the issue and outcome must still be recorded on the Progress Report.



7.

MEM

ORANDUM OF

UNDERSTANDING

7. MEMORANDUM OF UNDERSTANDING

Memorandum of Understanding for Information Sharing

Memorandum of Understanding

Information sharing between agencies with

responsibilities for preventing and responding to family

and domestic violence in Western Australia.





PART 1: INTRODUCTIONA key strategy of the WA Strategic Plan for Family and Domestic Violence 2009-2013 is that agencies have a responsibility for preventing family and domestic violence, for responding when it occurs, and for working to provide integrated responses that keep adult and child victims safe from harm, and make perpetrators accountable. An integrated response requires agencies to work together at:

• the local level, via Case Management and Coordinator Services (“CMCSs”) to manage, coordinate and monitorresponsestothoseexperiencingfamilyanddomesticviolencewhoareassessedtobeathighriskofharm from family and domestic violence; and

• a central policy level, via a Senior Officers’ Group (“the SOG”) that meets in Perth.

A range of strategies and tools will support the work of the CMCSs at all levels, in providing an integrated response, but fundamental to its success is a capacity for agencies to share information regarding those individuals (adults and children) who have been assessed to be at high risk of harm from family and domestic violence.

This Memorandum of Understanding supports WA Strategic Plan for Family and Domestic Violence 2009-2013, through formalisinguniformarrangementsfortheexchangeofinformationbetweensignatoryagencies.Itestablishestheprotocolsthatwillgoverntheexchangeofinformationbetweentheagenciesonmattersofmutualinterestandresponsibility,inorderto address family and domestic violence in the community, reduce risks and enhance the future safety of victims.

PART 2: DEFINITIONSFamilyanddomesticviolenceisbehaviourwhichresultsinphysical,sexualand/orpsychologicaldamage,forcedsocialisolation, economic deprivation, or behaviour which causes the victim to live in fear.3

A key characteristic of family and domestic violence is the use of violence or other forms of abuse to control someone with whom the perpetrator has an intimate or family relationship. The term domestic violence usually referstoabuseagainstanintimatepartnerwhilefamilyviolenceisabroaderexpressionencompassingdomesticviolence and the abuse of children, the elderly and other family members.

Aboriginalpeoplegenerallyprefertheterm‘familyviolence’.Thisconceptdescribesamatrixofharmful,violentand aggressive behaviours and is considered to be more reflective of an Aboriginal world view of community and family healing. However, the use of this term should not obscure the fact that Aboriginal women and children bear the brunt of family violence.

3 WA Strategic Plan for Family and Domestic Violence 2009-2013



PART 3: OBjECTIVE AND OUTCOMEThe Parties agree that the following objective and outcome relate to this MOU:

• The Objective of this MOU is to achieve standard arrangements across the State for the sharing of information between the signatory agencies (including CMCS Coordinators) and improvements in the level and quality of information shared.

• The Outcome of the implementation of this MOU will be more informed and integrated responses that lead to a reduction in incidents that harm adult and child victims, and to an increase in the accountability of perpetrators.

PART 4: PRINCIPLESThe actions of signatory agencies in relation to this MOU are underpinned by the eight principles of the WA Strategic Plan for Family and Domestic Violence 2009-2013. The MOU intends to support the signatory agencies to work according to the principles through promoting cooperation, respect and good will between them, and to promote and enhance their individual and collective capacity to keep victims of domestic violence who are assessed to be at high risk, free from harm.

PART 5: SCOPEInthecontextofthemultilateralCMCSriskassessmentandcasemanagementarrangementstoachieveeffectiveintegrated responses to family and domestic violence (as described in Part 1), this MOU covers arrangements for the sharing of information between the signatory agencies in relation to incidents of family and domestic violence, where an assessment indicates a high level of risk to harm for adults including any children in their care.

PART 6: COMMITMENTBy signing this MOU, each signatory agency is committed to:

• working cooperatively with other signatory agencies to enhance the safety of adult and child victims of family and domestic violence who are assessed to be at high risk of harm and to increasing perpetrator accountability;

• contributing to local level problem solving, should any local issues arise in the application of this MOU; and

• contributing to the review and ongoing refinement of the MOU over time.

PART 7: PARTIES TO ThE AGREEMENTThe agencies that are party to this MOU include State and Commonwealth Government agencies and non-governmentorganisationsparticipatingintheCMCSprocess.



PART 8: CONDITIONS APPLyING TO ThE PROVISION OR EXChANGE OF INFORMATIONThe MOU is a statement of the intentions of the signatory agencies. It does not create a contractual relationship and is not binding on the parties in law.

It is anticipated that in most cases, consent will have been obtained and that there will be no barriers to the exchangeofinformationinthecircumstancesoutlinedinthisMOU.Inthesecases,thefollowingconditions(except8.3)apply.Whereconsentisnotobtained,thenallofthefollowingconditionswillapplywheninformationneedstobesharedinthecontextofincidentsoffamilyanddomesticviolencewhereanassessmentindicatesahigh level of risk of harm.

8.1 Subject Laws Apply

The provisions of the MOU are subject to any relevant legislation enacted by the Commonwealth or the State of Western Australia.

8.2 Confidentiality

Someinformationthatmay,fromtimetotime,beprovidedorexchangedwillalreadybeonthepublicrecordand,therefore, not be subject to confidentially requirements, or to the provisions of this MOU.

The signatory agencies to this MOU are bound by agency level policies, codes of practice and legal obligations regarding confidentiality of personal information.

Theywillprovideandexchangeinformationontheunderstandingthat(1)theotheragency/agencieswillmaintainthe integrity of the information and treat it as confidential, unless otherwise required or allowed by law and that (2) any breach might subject the individual to penalties as set out in the Criminal Code.

8.3 Disclosure without Consent

Goodpracticerequiresthatthelimitationstoacommitmenttoconfidentialityareexplainedtobothvictimsandperpetratorswhentheyfirsthavecontactwithagovernmentornon-governmentproviderofanyfamilyanddomesticviolencerelatedservice.Thisshouldincludeanexplanationofthecircumstancesinwhichdisclosureofpersonal information could occur, and preferably the signing of a release of information consent form.

Thelimitstoconfidentialityareexpresseddifferentlyinrelationtodifferentagencies.Theyinclude,butarenotnecessarily limited to the following:

8.3.1 S23 of the Children and Community Services Act 2004 (CCSA 2004) enables staff of the Department for Child Protection to disclose and request relevant information involving a public authority, a corresponding authority, a service provider or an interested person. Relevant information means information that, in the Department for Child Protection’s opinion, is or is likely to be relevant to the wellbeing of a child or children or to perform a function under the CCSA 2004. It also enables other public authorities, service providers or interested persons to share information about concerns about the wellbeing of a child where requested by the Department for Child Protection.



8.3.2 S24A of the Children and Community Services Act 2004 (CCSA2004)allowsfortheexchangeofrelevant information between prescribed public authorities, provided the information is relevant to the wellbeing of a child or a class or a group of children, without the need for the Department for Child Protection to act as a conduit for information, where it is not otherwise necessary for the Department for Child Protection to be involved.

8.3.3 The Restraining Orders Act - Section 70A enablestheWesternAustralianPolicetoexchangeofinformation in certain circumstances in relation to those protected by a Violence Restraining Order.

8.3.4 ThePublicSectorCommissioner’sCircular2009-29The Policy Framework and Standards for Information Sharing Between Government Agencies which has been developed to facilitate the sharing of information on a structured basis, particularly confidential client information.

8.3.5 Obligations under the Freedom of Information Act 2000.

8.3.6 Disclosure in the public interest, such as situations in which there is a serious threat to life.

Itisrecognisedthatsomesignatoryagenciesoperateunderlegislationthatdoesnotincludeexplicitauthority to share information in certain circumstances. Further direction is required and will need to be sought by those signatory agencies, in relation to the application of the public interest test which allows for the release of information in certain circumstances, including where there is a threat to life.

Until such direction is obtained, in situations where authority to share personal information with other agencies has either (1) not been obtained or (2) has been refused, and the agency has information from or about an individual that indicates a threat to life or serious harm, or in the case of children and their wellbeing, the following arrangements will apply under this MOU.

As set out in 8.3.1 and 8.3.2 officers of both the WA Police and the Department for Child Protection operate under legislation that enables them to share information with others in certain circumstances. When other agencies that are signatories to this MOU have information related to a family and domestic violence matter that gives rise to a cause for concern about a threat to life or serious harm to others and theydonothaveexpressconsenttosharethatinformationwithothersignatoryagenciestothisMOU,they will act as follows:

• If the matter involves a threat to the life or serious harm of an individual without children, immediate referral will be made to the WA Police; or

• If the matter involves a threat to the wellbeing of a child or class or group of children, immediate referral will be made to the Department for Child Protection or the WA Police.

The Department for Child Protection employee or the WA Police officer who receives the information will refer the case to the Interagency Case Management Group.

When an agency or case management group receives information from or in relation to a victim that indicates that risk of harm is high, it may on occasions be necessary for that agency or the case management group to request information from another agency that provides services to the alleged perpetrator of concern, in order to develop a case management safety plan in relation to the victim.



If the agency providing services to the alleged perpetrator of concern does not have legislative authority or client consent to release the requested information, the first agency or case management group should refer their concerns to the Department for Child Protection if a child or children are involved, and/or to the WA Police where an adult victim is involved. Each of these agencies will use their legislative authority to undertake an investigation in relation to the perpetrator and the risk they pose, and provide whatever information is necessary to the first agency or the case management group so that a case management safety plan can be developed to keep the victim safe.

8.4 Third Parties

The Parties to the MOU shall not permit access to, or release information to, a Third Party unless lawfully required to by a Court or lawfully required or enabled to do so by statute.

8.5 Information Provided/Exchanged in Good Faith

ThesignatoriestothisMOUwillprovideandexchangeinformationwithinthescopeofthisMOUingoodfaith,butcannot guarantee the accuracy of the information.

8.6 Security of Information

The signatories to this MOU undertake that staff of their agencies will ensure the adequate and secure storage of information in any form, received from another signatory agency under the auspice of this MOU.

8.7 Disposal of Information

When the information is no longer required, the signatories to this MOU undertake to destroy or dispose of the information in compliance with the requirements of the Information Commissioner and with their agency’s records management, retention and disposal policy and procedures.

8.8 Costs

ThesignatoriestothisMOUwillprovideandexchangeinformationwithinthescopeofthisMOUtoothersignatory agencies at no cost.

8.9 Improper Requests

It is the duty of all signatories to this MOU to report to their agency’s representative on the Senior Officers’ Group any request or demand for information from another signatory agency that does not comply with the spirit of this MOU. The reporting of any such requests will contain all of the information available on the matter.



PART 9: INFORMATION ThAT CAN BE PROVIDED OR EXChANGED9.1 Information exchangeSubject to the conditions outlined in Part 8 of this MOU and for the purposes as set out in Part 5, information providedand/orexchangedundertheauspiceofthisMOUmust:

• relatetotheidentificationofhighriskofharmtoanadultand/ortothewellbeingofchildvictimsoffamilyanddomestic violence; and/or

• beusedtoenhancecapacitytosupportandmonitorand,therefore,reducetheriskofharm;and/or

• whererelevant,increaseperpetratoraccountability.

Onacasebycasebasis,informationthatcanbeprovidedorexchangedwillinclude,butnotnecessarilybelimited to, the following:

• basicdemographicinformation(eg.names,agesandaddressofthevictimsandperpetrator);

• knowndetailsoffamilycircumstancesincluding,butnotlimitedto,anycriminalandcivilhistoryofviolence;

• qualitativeinformationprovidedbythevictimoranotherpartywhoisconcernedaboutthevictim;

• anyspecialissuesthatmightbecontributingtotheriskofharm(eg.culturalfactors,mentalhealth,substancemisuse or other medical issues);

• criminalhistoriesthat(1)havebeentakenintoaccountindeterminingthatahighlevelofriskexistsfortheadult and/or child victims, and/or (2) indicate a potential risk of harm to a worker who will become involved as aresultoftheinformationprovisionorexchange;

• theinformationandcircumstancesthathaveledthereferringagencytoassesstheindividual/stobeathighrisk of harm;

• detailsofviolenceoranyotherrestrainingordersthatareinplace;and

• anyotherinformationthatmightcontributetoreducingtheriskofharmtovictims.

9.2 Forms in which information may be exchangedInformationmaybeexchangedattherequestofanyCMCSmemberagency/agenciestooneormoreothermember agencies, or by joint initiative, as part of a strategy to keep victims safe and perpetrators accountable. Theinformationmaybeexchangedverbally,inwritingorelectronically.Whereinformationisexchangedverbally,agenciesshouldnote,inwriting,assoonasispractical,thattheinformationexchangehasoccurred.

PART 10: DISPUTE RESOLUTIONMatters of dispute between any signatory agencies should, in the first instance, be negotiated at the lowest and most informal level practical, between officers of those agencies at the operational level where the dispute has arisen. If resolution at that level is not achieved, the dispute should be referred, in writing, to the relevant Senior Managers of the agencies in dispute.

If resolution at senior management level is not possible, the matter should be referred, in writing, to the



Chairperson of the Senior Officers’ Group via the Department for Child Protection’s Family and Domestic Violence Unit. The Chairperson will convene and chair a small Dispute Resolution Group with the Senior Officers’ Group representatives from the agencies involved in the dispute and a representative from each of two agencies that are signatories to this MOU but who are not involved in the dispute. The findings and recommendations of the Dispute Resolution Group will be binding on the agencies involved in the dispute.

PART 11: REVIEWThe MOU will be formally reviewed by the participating agencies, under the leadership of the Senior Officers’ Group, every 12 months from the date of commencement or at any other time at the request of any of the parties to the MOU.

PART 12: VARIATIONThisMOUwillnotbealtered,variedormodifiedinanyrespect,exceptbyagreementinwritingbyallpartiestothe MOU.

PART 13: COMMENCEMENT, DURATION AND TERMINATIONThis MOU shall take effect from the date it is signed by all parties to the MOU and will remain in effect indefinitely. Any party may terminate the MOU by providing 30 days written notice to the other parties.

PART 14: SIGNATORIESIn the spirit of cooperation and collaboration in which this MOU has been entered into and with the mutual understanding that this is a voluntary working agreement, the following individuals acting on behalf of their respective agencies accept the terms and conditions stated in this MOU.

(Details of signatories will be sent to relevant agencies)

8. FAMILy AND DOMESTIC VIOLENCE CASE MANAGEMENT

FORMS

8. FAMILy AND DOMESTIC VIOLENCE CASE MANAGEMENT FORMS

REFERRAL & ASSESSMENT FORM CASE NO.

Referral Agency

Name

Date

Additional Agency Involvement (to be completed by CMCS Coordinator)

Name

Name

Name

Name

Name

Victim M F

Name

Alias

DOB / / Ethnicity

Address

Phone (H) (W)

Employer

Offender M F

Name

Alias

DOB / / Ethnicity

Address

Phone (H) (W)

Employer

Children (information on ALL children required)

Name DOB M/F Ethnicity School/Day-care Lives With?

57


Aide memoirRISK ASSESSMENT PROCESSRisk or vulnerability factor

Presence of factor

yes No Unknown

Victim

Pregnancy/new birth



Has ever verbalised or had suicidal ideas or tried to commit suicide

Isolation

Perpetrator

Use of weapon in most recent event

Access to weapons

Has ever harmed or threatened to harm victim

Haseverrapedorsexuallyassaultedvictim

Has ever tried to strangle the victim

Has ever tried to kill victim

Has ever harmed or threatened to harm or kill children

Has ever harmed or threatened to harm or kill other family members

Has ever harmed or threatened to harm or kill pets or other animals

Has ever threatened or tried to commit suicide

Stalking the victim

Controlling behaviour

Unemployed



History of violent behaviour (not family violence)

Relationship

Recent separation

Escalation-increaseinseverityand/orfrequencyofviolence

Financial difficulties

*This tool is composed of evidence based risk indicators that, where present, suggest an increased likelihood the victim will be killed or almost killed. # Mental health issues such as depression and paranoid psychosis, which focus on the victim as hostile, are high when they are present in conjunction with other risk factors, particularly a previous history of violence. The presence of a mental health issue must be carefully consideredinrelationtotheco-occurrenceofotherriskfactors.

58


Additional information

59

CLIENT CONSENT FORM FOR INFORMATION ShARING


Name

Address

Agency referring to the Case Management Group

We ask you for information about yourself so that we can make sure that we offer you the services, protection or

support that you may need in order to monitor and manage your safety.

To make sure it is the most appropriate and effective service for you, it may mean sharing this information or

obtaining information about you.

We will use your information to help us manage and/or plan services that will help to keep you and/or your

children safe. This will be in the form of a Case Management Safety Plan, the development of which will

involve you.

DECLARATION

I agree that information about me and my dependants may be used for the purposes described above.

Signed

Date

60

PREVIOUS AGENCy INVOLVEMENT FORM

Agency name

Victim name

Perpetrator name

Child name

Child name

Child name

Child name

Child name

Child name

Date of previous involvement

Duration of previous involvement

61

PREVIOUS AGENCy INVOLVEMENT FORM (CONT.)

Brief description of previous involvement: (include presenting problem and response given)

62

CONFIDENTIALITy DECLARATION


Date

The Chair of the meeting reminds all concerned about the Memorandum of Understanding for Information Sharing.

Information discussed by the agency representatives within the ambit of this meeting is strictly confidential, and must not be disclosed to third parties without agreement of the partners of the meeting.

All agencies should ensure that the information contained within the Case Management Safety Plan/s is retained in a confidential and appropriately restricted manner.

The purpose of the case management meeting is to:



• jointly construct and implement a safety management plan and to provide professional support to all those at risk.

By signing this document, we agree to abide to these principles.

Attendees

Name Signature Agency

63

CASE MANAGEMENT SAFETy PLANTo be completed and retained by Case Manager

Case ID Number

Referring Agency

Client/Victim Name

Perpetrator/Offender Name

Child/ren Name/s

64

CASE MANAGEMENT SAFETy PLAN (CONT.)


Strategy

Strategy Outcome


Strategy

Strategy Outcome


Strategy

Strategy Outcome

65

SUM

MAR

y TA

BLE

1: IS

SUES

/BAR

RIER

S AR

ISIN

G DU

RING

CAS

E M

ANAG

EMEN

TTh

is ta

ble

shou

ld b

e us

ed b

y th

e CM

CS. T

he ta

ble

is to

be

com

plet

ed a

nd re

tain

ed b

y th

e CM

CS C

oord

inat

or fo

r pre

sent

atio

n to

th

e Fa

mily

and

Dom

estic

Vio

lenc

e Co

ordi

natio

n Gr

oup.

ISSU

ES IM

PEDI

NG O

N CA

SE M

ANAG

EMEN

T Th

AT C

ANNO

T BE

ADD

RESS

ED B

y Th

E CA

SE M

ANAG

EMEN

T GR

OUP

MEM

BERS

Date

Loca

tion

Desc

riptio

n Of

Issu

e/Ba

rrie

r—Lo

cal,

Syst

emic

Or R

egio

nal

No. o

f Cas

es

Impa

cted

66

SUM

MAR

y TA

BLE

2: F

AMIL

y AN

D DO

MES

TIC

VIOL

ENCE

COO

RDIN

ATIO

N GR

OUP

RECO

RDIN

G TA

BLE

This

tabl

e is

to b

e co

mpl

eted

by

the

Coor

dina

tor f

ollo

win

g ea

ch F

amily

and

Dom

estic

Vio

lenc

e Co

ordi

natio

n Gr

oup

mee

ting

in th

e re

porti

ng p

erio

d.

REPO

RTIN

G TA

BLE

FOR

MEE

TING

S OF

ThE

FAM

ILy

AND

DOM

ESTI

C VI

OLEN

CE C

OORD

INAT

ION

GROU

P

Mee

ting

Date

Loca

tion

Key

Issu

es D

iscu

ssed

So

urce

(eg.

cas

e m

gt

grou

p or

age

ncy)

Outc

ome

Refe

r to

FDVU

y/N

67

9. REFERENCES

9. REFERENCES

References

FRAMEWORK AND PLANSDepartment for Child Protection 2009, WA Strategic Plan for Family and Domestic Violence 2009-2013, Department for Child Protection, Western Australia.

Department for Child Protection 2011, The Western Australian Family and Domestic Violence Common Risk Assessment and Risk Management Framework, Department for Child Protection, Western Australia.

LEGISLATION AND MEMORANDUM OF UNDERSTANDINGChildren and Community Services Act 2004 (WA)

Privacy Act 1988 (Cwlth)

Privacy Amendment (Private Sector) Act 2000 (Cwlth)

Restraining Orders Act 1997 (WA)

Department for Child Protection 2011, Memorandum of Understanding: Information sharing between agencies with responsibilities for preventing and responding to family and domestic violence in Western Australia, Department for Child Protection, Western Australia.

PUBLICATIONSPence E, Mitchell S, Aoina A 2007, Western Australian Safety and Accountability Audit of the Armadale Domestic Violence Intervention Project, Department for Communities, Western Australia.

Policy Directorate 2003, Information Sharing Between Government Agencies, Department of the Attorney General, Western Australia.




Documents

The Western Australian Family and Domestic Violence CASE ... · The Western Australian CASE MANAGEMENT AND COORDINATION SERVICE GOVERNANCE AND OPERATIONS MANUAL 3 Case Management