[1] Kertesz M et al. 2019, Women who use force: final report – vol.1, University of Melbourne, Melbourne, p. 4.
[2] This description is based on self-report and is in no way representative of any value judgement related to actual strength/weakness of a victim survivor, refer to Kertesz M et al. 2019, Women who use force: final report – vol. 1, University of Melbourne, Melbourne, p. 21.
[3] Adapted from EACPI 2019, Final report, which cites Smith, Humphreys and Laming 2013, ‘The central place of women’s support and partner contact in men’s behaviour change programs’, Ending Men’s Violence Against Women and Children, vol. 1, no. Spring 2013, p. 293.
[4] This includes a strong focus on information sharing and coordinated, collaborative practice between services.
[5] State of Victoria 2016, Royal Commission into Family Violence: Summary and recommendations, Parl Paper No 132 (2014–16), Summary and recommendations, p. 7.
[6] Ibid., p. 1.
[7] Note, some descriptions of expectations have been amended or corrected. This is due to change in definition or title of assessment or management tools, approaches. Further information on expectations for each responsibility is provided in the ‘Learning objectives’ section of each practice guide.
[8] Includes victim survivor specialist services and perpetrator intervention services, such as men’s behaviour change and case management specialist services.
[9] Legal services are currently not prescribed as framework organisations, but still have a role in identifying, assessing and managing risk.
[10] The Royal Commission and the Expert Advisory Committee on Perpetrator Interventions identified key opportunity workforces to respond to intersections of behaviours linked to aperpetrator’scircumstances, including mental health, alcohol and other drugs, housing/homelessness, community isolation, unemployment, connection with Child Protection, Victoria Police, courts and correction services.
[11] Victorian Indigenous Family Violence Taskforce 2003, definition used in Department of Health and Human Services 2018, Dhelk Dja: Safe Our Way – Strong Culture, Strong Peoples, Strong Families, State Government of Victoria, Melbourne.
[12] Family Violence Protection Act 2008 (Vic), s. 5.
[13] Victim survivors who use force in response to a predominant aggressor/perpetrator are not identified as perpetrators for the purpose of assessing coercive control. Guidance on assessing predominant aggressor is included in the MARAM Practice Guides.
[14] Stalking and monitoring behaviour includes technology-facilitated abuse that enables the perpetrator’s surveillance of the victim survivor and can be the method for delivery of threatening behaviour.
[15] Stark E 2009, ‘Rethinking coercive control’, Violence against Women, vol. 15, no. 12, pp. 1509–25; Westmarland N and Kelly L 2013, ‘Why extending measurements of “success” in domestic violence perpetrator programmes matters for social work’, British Journal of Social Work, vol. 43, no. 6, pp. 1092-1110.
[16] Scope defined in reference to Stark E 2020, ‘The “Coercive Control Framework”: What makes law work for women?’, Criminalising Coercive Control, pp. 33–49.
[18] There may be family violence occurring in more than one intimate partner relationship, such as if there are non-monogamy or multiple partner relationships.
[19] Department of Health and Human Services 2018, Dhelk Dja: Safe Our Way – Strong Culture, Strong Peoples, Strong Families, State Government of Victoria, Melbourne.
[20] Definition of family violence in Ibid., p. 7. Professionals should read and be guided by the full definition of family violence and principles outlined in Dhelk Dja to complement practice approaches for working with Aboriginal communities under the MARAM Framework and Practice Guides.
[21] Note, ’breach’ is used throughout these guides as it is the term used across the broader service system. Some statutory settings may use the term ’contravention’ which has the same meaning.
[22] Women comprised 73 per cent of all intimate partner homicides in Australia during the 2018–19 reporting period; Bricknell S and Doherty L2021, Homicide in Australia 2018–19, statistical report no. 34, Australian Institute of Criminology, Canberra.
[23] Australian Domestic and Family Violence Death Review Network 2018, Australian Domestic and Family Violence Death Review Network: 2018 data report, ADFVDRN, Sydney, p. xii.
[24] Ibid., p. xii.
[25] State of Victoria 2016, Royal Commission into Family Violence: Report and recommendations, Vol II, Parl Paper No 132 (2014–16), p. 103.
[26] Crime Statistics Agency, ‘Family Violence Data Portal – Victoria Police, Youth involved family incidents’, www.crimestatistics.vic.gov.au/family-violence-data-portal/family-violence-data-dashboard/victoria-police, accessed May 2021. This data relates to police-attended incidents only. It does not capture family violence experienced by children that is police attended.
[27] Ibid.
[28] Ibid.
[29] Biphobia, homophobia and transphobia are the outcome of cisnormativity and heteronormativity.
[30] Evidence-based risk factors developed in international jurisdictions, and in Australia, are largely derived from reviews of coronial inquests into family violence homicides.
[31] This can occur where family violence by a perpetrator causes the emotional or physical absence of other adult or child family members who would normally care for that child.
[32] These examples of sexualised behaviour toward children are crimes.
[33] This refers to behaviours where this is used as a tactic of a perpetrator for power and control, not actions of a parent/carer to keep their child/children safe from a perpetrator.
[34] This is where family violence is established as present through risk assessment. In some instances, engagement with, for example, child protection, has been instigated as a controlling behaviour by one party over another.
[35] Authorisation to share adult victim survivor information under the Family Violence Information Sharing Scheme requires consent, unless there is serious risk, or the information is relevant to assessing child risk.
[36] Adapted from Crenshaw K 1989, ‘Demarginalizing the intersection of race and sex: a black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics’, The University of Chicago Legal Forum, vol. 1989, pp. 139-167. In its original discourse, intersectional analysis focused on race and sex.
[37] State of Victoria 2019, Everybody matters: inclusion and equity statement, State of Victoria, Melbourne.
[38] Adapted from OurWatch 2019, Men in focus, pp. 34-35.
[39] Definition and section informed by Klinic Community Health 2013, Trauma-informed: the trauma toolkit, 2nd ed.; and Kezelman C and Stavropoulos 2018, Talking about trauma: guide to conversations and screening for health and other service providers, Blue Knot Foundation, p. 10.
[40] Adapted from Kezelman C and Stavropoulos 2012, ‘The last frontier – practice guidelines for the treatment of complex trauma and trauma-informed care and service delivery’, Adults Surviving Child Abuse, p. 53.
[41] State of Victoria 2021, Royal Commission into Victoria’s Mental Health System final report: vol. 2 – collaboration to support good mental health and wellbeing, Parl. Paper no. 202, p. 347.
[42] Ibid., p. 348.
[43] Ibid., p. 349.
[44] Varcoe CM, Wathen CN, Ford-Gilboe M, Smye V and Browne 2016, VEGA briefing note on trauma- and violence-informed care, VEGA Project and PreVail Research Network, Ottawa, p. 1.
[45] Ibid.
[46] Kezelman C and Stavropoulos P2012, The last frontier: practice guidelines for treatment of complex trauma and trauma informed care and service delivery, Adults Surviving Child Abuse (now Blue Knot Foundation), p. 49.
[47] Substance Abuse and Mental Health Services Administration (SAMHSA) 2014, Concept of trauma and guidance for a trauma-informed approach, U.S. Department of Health and Human Services, Rockville, p. 9.
[48] Kezelman C and Stavropoulos P2012, op. cit., p.79.
[49] Department of Health and Human Services (USA) 2014, SAMSHA’s concept of trauma and guidance for a trauma-informed approach, p.8.
[50] Ibid.
[51] Department of Health and Human Services 2018, Dhelk Dja: Safe Our Way – Strong Culture, Strong Peoples, Strong Families, State Government of Victoria, Melbourne, p. 29.
[52] Family Safety Victoria 2019, The Nargneit Birrang Framework: Aboriginal Holistic Healing Framework for Family Violence, p.21
[53] Ibid.
[54] ANROWS 2015,Promoting community-led responses to violence against immigrant and refugee women in metropolitan and regional Australia: the ASPIRE Project – state of knowledge paper, ANROWS, p. 21.
[55] Ibid.
[56] Not all perpetrators have a history of trauma. However, applying a practice model will enable professionals to identify whether this is present and to work safely where it is.
[57] No to Violence 2020, NSW risk, safety and support framework, No to Violence, Melbourne.
[58] ANROWS 2017, Summary of findings from the 2017 National Community Attitudes towards Violence Against Women Survey, ANROWS, p. 2.
[59] It is common for there to be cross-allegations of violence from each person in LGBTIQ intimate partner relationships. This may give the impression there is ‘mutual violence’ occurring. Specialist family violence services (including specialist LGBTIQ services) can support ongoing assessment to identify if there is a predominant aggressor/perpetrator who is not easily identifiable in the first instance. Refer to Section 12.2.1 of this Foundation Knowledge Guide and Responsibility 6 for more information.
[60] Our WATch 2015 Change the Story, p. 8.
[61] This section discusses cisgendered men and masculinity. Information on masculinity and performativity in other communities is discussed further in later sections of this guide.
[62] Adapted from OurWatch 2019, Men in focus, p. 36.
[63] Ibid.
[64] Ibid., p. 37.
[65] Ibid., p. 36, quoting Murdolo and Quiazon 2016, Key issues in working with men from immigrant and refugee communities in prevention violence against women, White Ribbon Australia Research Series.
[66] Ibid.
[67] Ibid. p. 45. These are consistent with social pressures identified in the Man Box attitudes to manhood and behaviours of young men in Australia, and internationally, as outlined in The Men’s Project and Flood M 2018, The Man Box: a study on being a young man in Australia. Jesuit Social Services, Melbourne.
[68] ANROWS 2017 notes that while there has been general attitudinal improvement from 2009–2017, there are still gender differences, with men having a lower understanding of violence against women, a lower level of support for gender equality and a higher level of attitudinal support for violence against women.
[69] This may include a perpetrator’s use of technology-facilitated abuse resulting in the victim survivor having reduced access to social media or technology due to fear of monitoring or surveillance.
[70] Hill AO, Bourne A, McNair R, Carman M and Lyons A 2020, Private Lives 3: the health and wellbeing of LGBTIQ people in Australia, monograph series no. 122, ARCSHS, Melbourne.
[71] Crime Statistics Agency 2020, Family violence data dashboard, accessed October 2020. This outlines that most male victims experience violence from other male family members (as children from parents, siblings, other family members). However, for most men killed in family violence incidents, the respondent was a current or former intimate partner where the male victim was identified as a predominant perpetrator of violence; Australian Institute of Health and Welfare 2019, Family, domestic and sexual violence in Australia: continuing the national story, AIHW, Canberra, p. 49–53 <https://www.aihw.gov.au/getmedia/b0037b2d-a651-4abf-9f7b-00a85e3de528/a…;, accessed October 2020. This outlines that most family violence homicide victims were female (59 per cent), almost 2 in 3 (64 per cent) were female victims and 1 in 4 (75 per cent) male victims were killed by an intimate partner. More than 3 in 4 (75 per cent) of all perpetrators of family violence homicide were male.
[72] AIHW 2018, Family, domestic and sexual violence in Australia, p xi, notes that ‘In 2011, it contributed to more burden of disease (the impact of illness, disability and premature death) than any other risk factor for women aged 25–44.’
[73] Information in this section is summarised from the MARAM Framework.
[74] Australian Institute of Criminology 2017, Homicide in Australia: 2012–2013 to 2013–2014: National Homicide Monitoring Program.
[75] Australian Institute of Health and Welfare, Family, domestic and sexual violence in Australia, 2018, page ix.
[76] Parliament of Australia 2014, Domestic, family and sexual violence in Australia: an overview of the issues.
[77] For example, Stark E 2007, Coercive control: how men entrap women in personal life, Oxford University Press, Oxford.
[78] DVRCV and WLSV 2013, Serious invasions of privacy in the digital era: submission to the Australian Law Reform Commission Review.
[79] This section refers to cis-gendered men and women. Experiences of use of violence against trans and non-binary people are covered in Section 12.1.7 and 12.1.8.
[80] Seidler K 2010, Crime, culture and violence: understanding how masculinity and identity shapes offending, 1st ed., Australian Academic Press, Bowen Hills.
[81] ANROWS 2012, Violence against women: additional analysis of the Australian Bureau of Statistics’ Personal Safety Survey,ANROWS, Sydney, p. 30.
[82] Ibid, p 4.
[83] Ibid.
[84] Judd F, Armstrong S and Kulkarni J 2009, ‘Gender-sensitive mental health care’, Australasian Psychiatry, vol. 17, no. 2, pp. 105-111. doi:10.1080/10398560802596108
[85] ABS 2017, Causes of Death, ABS, Canberra
[86] American Psychological Association 2018, APA guidelines for psychological practice with boys and men,APA, Washington DC.
[87] Levant RF and Wimer DJ 2013, ‘Masculinity constructs as protective buffers and risk factors for men’s health’. American Journal of Men's Health, vol. 8, no. 2, pp. 110-120.
[88] Richards M and Bedi RP 2015, ‘Gaining perspective: How men describe incidents damaging the therapeutic alliance’, Psychology of Men & Masculinity, vol. 16, no. 2, pp. 170-182.
[89] Hegarty K, Tarzia L, Forsdike K, Vlais R, Flood M, Feder G and Humphreys C 2016, Final report: promoting early intervention with men's use of violence in relationships through primary care (PEARL study), APHCRI, Canberra.
[90] Adapted from Central and Eastern Sydney Primary Health Network 2019, The impact of domestic violence on mother child relationships. This section uses gendered language in recognition of prevalence, but perpetrators’ behaviour targeted to undermine a parent–child relationship against a non-violent parent/carer can occur within any family relationship.
[93] McGinn T, McColgan M, Taylor B 2020, ‘Male IPV perpetrator’s perspectives on intervention and change: a systematic synthesis of qualitative studies’, Trauma, Violence, & Abuse, vol. 21, no. 1, pp. 97-112.
[94] Australian Institute of Family Studies 2015, Children’s exposure to domestic and family violence: Key issues and responses, CFCA Paper No. 36.
[95] The Family Law Act 1975 focuses on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights. The Act aims to ensure that children can enjoy a meaningful relationship with each of their parents and are protected from harm.
[96] Humphreys C and Campo M 2017, Fathers who use violence: options for safe practice where there is ongoing contact with children, CFCA paper no. 43, AIFS, Canberra.
[97] Such as any child who identifies as LGBTIQ, particularly trans or non-binary children, or children who are Aboriginal or from a diverse community that one or both parents do not also identify with.
[98] State of Victoria 2016, Royal Commission into Family Violence: Report and recommendations, Vol II, Parl Paper No 132 (2014–16) Chapter 10, Perpetrators, p. 270.
[99] Ibid., Chapter 10, Responses to children and young people experiencing family violence, p. 123.
[100] Perel G and Peled E 2008, ‘The fathering of violent men: constriction and yearning’, Violence Against Women, vol. 14, no. 4, pp. 457-482.
[101] Department of Health and Human Services 2018, Dhelk Dja: Safe Our Way – Strong Culture, Strong Peoples, Strong Families, State Government of Victoria, Melbourne.
[102] Australian Institute of Health and Welfare 2018, Domestic and sexual violence in Australia, AIHW, Canberra, p. ix.
[103] Department of Health and Human Services 2018, Dhelk Dja: Safe Our Way – Strong Culture, Strong Peoples, Strong Families, State Government of Victoria, Melbourne; Braybrook A 2015, ‘Family violence in Aboriginal communities’, DVRCV Advocate, www.dvrcv.org.au/sites/default/files/Family-violence-in-Aboriginal-communities-FVPLS.pdf, accessed 12 October 2019.
[104] Elder abuse that is not within the definition of family violence may also include social abuse or neglect, abuse by trusted others, or abuse that is experienced in service or institutional settings, such as professional misconduct by paid carers. These forms may relate to behaviour that is centred around ignorance or negligence, such as carer stress.
[105] This may depend on the circumstances of the financial abuse.
[106] For example, neglect that results in physical assault or harm.
[107] Bagshaw D et al. 2013, ‘Financial abuse of older people by family members: views and experiences of older Australians and their family members’, Australian Social Work, vol. 66, no. 1, pp. 123-133; Association for Conflict Resolution 2015, ‘Elder mediation and the financial abuse of older people by a family member’, Conflict Resolution Quarterly.
[108] The Royal Commission noted instances where victim survivors of sexual abuse by older men with dementia were not recognised by health professionals as being abused. Norma’s Project also found there is evidence to suggest that sexual abuse against older women is likely to be underreported. Mann R, Horsley P, Barrett C, Tinney J 2014, Norma’s Project. a research study into the sexual assault of older women in Australia, ARCSHS monograph series no. 98, ARCHSH, Melbourne.
[109] Medical Treatment Planning and Decisions Act 2016 (Vic), ss 4, 7; Guardianship and Administration Act 2019 (Vic), ss 5, 8, 9.
[110] Service providers have obligations to provide reasonable adjustments for people with disabilities under the Equal Opportunity Act 2010 (Vic).
[111] This is commonly identified in health service settings.
[112] Australian Institute of Family Studies 2015, Intimate partner violence in lesbian, gay, bisexual, trans, intersex and queer communities, CFCA professional resource, AIFS, Canberra, pp 3-4.
[113] Hill AO, Bourne A, McNair R, Carman M and Lyons A 2020, Private Lives 3: the health and wellbeing of LGBTIQ people in Australia. ARCSHS monograph series no. 122, ARCSHS, Melbourne.
[114] OurWatch 2017, Primary prevention of family violence against people from LGBTI communities: an analysis of existing research, p. 49.
[115] Hill AO, Bourne A, McNair R, Carman M and Lyons A 2020, op. cit., pp. 70-74.
[116] Hill AO, Lyons A, Jones J, McGowan I, Carman M, Parsons M, Power J, Bourne A 2021, Writing Themselves In 4: the health and wellbeing of LGBTQA+ young people in Australia, national report, monograph series no. 124, ARCSHS, Melbourne, p. 10.LGBTIQ young people (aged 16 to 17 years) were five times more likely to seriously consider attempting suicide in the past 12 months than the general population. And 1 in 10 aged 16 to 17 had attempted suicide in the past 12 months, almost three times the general population. In addition, one in four 16–17-year-old LGBTIQ young people had attempted suicide in their lifetimes, four times the rate of the general population.
[117] State of Victoria 2017, Absolutely everyone: state disability plan 2017–2020, p. 9.
[118] ANROWS 2016, A preventable burden: Measuring and addressing the prevalence and health impacts of intimate partner violence in Australian women, Compass 7, p. 3.
[119] Women with Disabilities Victoria 2014, Position statement: Violence against women with disabilities.
[120] Women with Disabilities Australia 2013, Stop the violence: Addressing violence against women and girls with disabilities in Australia, background paper, p. 27.
[121] Women with Disabilities Victoria 2014, op. cit.
[122] Service providers have obligations to provide reasonable adjustments for people with disabilities under the Equal Opportunity Act 2010 (Vic).
[123] Victoria Legal Aid 2020, Achieving safe and certain homes for children: Recommendations to improve the permanency amendments to the Children, Youth and Families Act 2005 based on the experience of our clients. This report states that since the introduction of the permanency amendments to the Children, Youth and Families (Permanent Care and Other Matters) Act 2014, 19 per cent of children who had a parent with a disclosed disability were removed from their parents and are not on a reunification pathway, compared with 11 per cent of children whose parents did not have a disclosed disability (p. 14); Carter B 2015, Rebuilding the village: supporting families where a parent has a disability, Report No 2, Office of the Public Advocate, p. 4.
[124] Wehmeyer ML, Shogren K, Angel Verdugo M, Nota L, Soresi S, Lee S-H and Lachapelle Y 2014, ‘Cognitive impairment and intellectual disability’, Special education international perspectives: biopsychosocial, cultural, and disability aspects, Emerald Group, pp. 55-89.
[125] You can find more information at the Office of the Public Advocate’s phone advice line and website about the role of guardians and working with people under guardianship. This includes considering the role of supported decision-making to guide people with cognitive disabilities to exercise their rights and make decisions, including through risk management and safety planning.
[126] Ibid.
[127] Brain Injury Australia 2018, The prevalence of acquired brain injury among victims and perpetrators of family violence.
[128] Jamieson LM, Harrison JE and Berry JG 2008, ‘Hospitalisation for head injury due to assault among Indigenous and non-Indigenous Australians, July 1999 – June 2005’, Medical Journal of Australia, vol. 188, no. 10.
[129] Read J, Harper D, Tucker I and Kennedy A 2018. ‘Do adult mental health services identify child abuse and neglect? A systematic review’, International Journal of Mental Health Nursing, vol. 27, pp. 7-19.
[130] Australian Institute of Criminology 2004, Women’s experience of male violence, findings from the Australian component of the International Violence Against women survey.
[131] Khalihef H, Moran P, Borschmann R, Dean K, Hart C, Hogg J, Orborn D, Johnson S, Howard LM 2014, ‘Domestic and sexual violence against patients with severe mental illness’, Psychological Medicine, no. 45, pp. 875-886.
[132] National Domestic and Family Violence Bench Book 2018, Dynamics of domestic and family violence: factors affecting risk, p. 5.
[133] Howard J 2011, Adolescent violence in the home: the missing link in family violence prevention and response, Australian Domestic & Family Violence Clearinghouse, p 1.
[134] Australian Institute of Family Studies 2012, Sibling sexual abuse, ACSSA research summary no. 3, AIFS, Melbourne.
[135] This section refers to cisgender males.
[136] Diemer K 2015, ABS Personal Safety Survey: additional analysis on relationship and sex of perpetrator, documents and working papers, research on violence against women and children, University of Melbourne.
[137] This section refers to cisgender females.
[138] Kertesz M et al. 2020, Women who use force: final report – vol. 1, University of Melbourne, Melbourne, p. 2.
[139] Ibid.
[140] Ibid.
[141] Women’s Legal Service 2018, Policy paper 1: ‘Officer she’s psychotic and I need protection’ – Police misidentification of the ‘primary aggressor’ in family violence incidents in Victoria, p. 1.
[142] Tangney JP, Stuewig J and Hafex L 2011, ‘Shame, guilt and remorse: implications for offender populations’, Journal of Forensic Psychiatry and Psychology, vol. 22, no. 5, pp. 706-723.
[143] Furukawa E et al. 2012, ‘Cross-cultural continuities and discontinuities in shame, guilt, and pride: a study of children residing in Japan, Korea and the USA’, Self & Identity, vol. 11, no. 1, pp. 90-113; Proeve M and Howells K 2002, ‘Shame and guilt in child sexual offenders’, International journal of offender therapy and comparative criminology, vol. 46, no. 6, pp. 657-667.
[144] Loeffler CH, Prelog AJ, Prabha UN andPogrebin MR 2010, ‘Evaluating shame transformation in group treatment of domestic violence offenders’, International Journal of Offender Therapy and Comparative Criminology, vol. 54, no. 4, pp. 517-536.
[145] These common risk factors are also present for child and adult victim survivors, however, the drivers of suicide risk for victims is different to drivers for perpetrators and young people using violence.
[146] MacIsaac et al. 2018, ‘Prevalence and characteristics of interpersonal violence in people dying from suicide in Victoria, Australia’, Asia Pacific Journal of Health, p. 3.
[147] Australian Institute of Criminology 2008, Murder-suicide in Australia, crime facts info no. 176, Australian Institute of Criminology, Canberra.
[148] Cheng P and Jaffe P 2019, ‘Examining depression among perpetrators of intimate partner homicide’, Journal of Interpersonal Violence, doi.org/10.1177/0886260519867151.
[149] Commissioner for Children and Young People 2019, Lost, not forgotten: inquiry into children who died by suicide and were known to Child Protection, Melbourne, p 14.
[150] Ibid., p 14.
[151] Ibid., p. 64.
[152] Ibid.
[153] Ibid., p. 17.
[154] Ibid.
[155] Fowler JC 2012, ‘Suicide risk assessment in clinical practice: pragmatic guidelines for imperfect assessments’, Psychotherapy (Chic), vol. 49, no. 1, pp. 81-90.
[156] Ellis TE, Rufino KA, Allen JG, Fowler JC and Jobes DA 2015, ‘Impact of a suicide-specific intervention within inpatient psychiatric care: the collaborative assessment and management of suicidality’, Suicide and Life-Threatening Behavior, vol. 45, no. 5, pp. 556-566.
[157] Zara C, Weiss C and Parkinson D 2013, Men on Black Saturday: risks and opportunities for change, Women’s Health Goulburn North East.
[158] Ibid.
[159] Expert Advisory Committee on Perpetrator Interventions 2018, Final report, p. 66.
[160] Ibid.
[161] Ibid, p 76.
[162] Judicial College of Victoria 2016, Disability access bench book.
[163] Prevalence among victim survivors often resulted in acquired brain injury as a direct result of the perpetrator’s violence. Prevalence of ABI among victim survivors is reflected above in Section 12.1.9and across the victim survivor–focused practice guides, including through screening questions in intermediate risk assessment about harm including loss of consciousness and hits to the head or neck.
[164] Brain Injury Australia 2018, The prevalence of acquired brain injury among victims and perpetrators of family violence, p vii.
[165] Ibid.
[166] Australian Institute of Health and Welfare 2014, National community services data dictionary, AIHW, Canberra.
[167] State of Victoria 2016, Royal Commission into Family Violence: Summary and recommendations, Parl Paper No 132 (2014–16), Volume IV Report and recommendations, pp. 179, 198, 280.
[168] The term ‘disabling environments’ reflects the social model of disability, which recognises disability is not just a person’s condition but the result of disabling social structures, attitudes and environments; Women with Disabilities Victoria 2014, Position statement: violence against women with disabilities.
[169] Deloitte 2019, Evaluation of new community-based perpetrator interventions and case management trials: final evaluation report, p. 26.
[170] Expert Advisory Committee on Perpetrator Interventions 2018, Final report, p. 71.
[171] It is important to undertake further identification or assessment of family violence behaviours to ensure they are present. A cognitive disability may be present at the same time as family violence behaviours.
[172] Organisations including Synapse, Brain Injury Australia, Scope Australia and the Office of the Public Advocate (who coordinate the Independent Third Persons Program) can provide information about a range of cognitive disabilities and support to consider a tailored approach to interventions, providing adjustments and communication supports.
[173] Expert Advisory Committee on Perpetrator Interventions 2018, Final report, p. 67.
[174] Coghlan S and Millsteed M 2017, Identifying the differences between generalist and specialist family violence perpetrators: risk factors and perpetrator characteristics, In Brief No. 8, Crime Statistics Agency.
[175] Andrews DA 2015, The psychology of criminal conduct, Routledge, Oxfordshire and New York; Mazerolle P et al. 2000, ‘Onset age, persistence, and offending versatility: comparisons across gender’, Criminology vol. 38, no. 4, pp. 1143-1172; Lowenstein J et al. 2016, ‘A systematic review on the relationship between antisocial, borderline and narcissistic personality disorder diagnostic traits and risk of violence to others in a clinical and forensic sample’, Borderline Personality Disorder and Emotion Dysregulation vol. 3, no. 1.
[176] Pollard R and Ferguson C 2020, ‘Intimate partner violence within Australian Defence Force families: an exploratory study’, Journal of Gender-Based Violence, vol. 4, no. 2, p. 4.
[177] Ibid., p. 4.
[178] This can include perpetration of family violence behaviours byproxy
[179] Ibid., p. 17.
[180] Kwan J, Sparrow K, Facer-Irwin E, Thandi G, Fear NT and MacManus D 2020, ‘Prevalence of intimate partner violence perpetration among military populations: a systematic review and meta-analysis’, Aggression and Violence Behavior, vol. 53, art. no. 101419; Saunders DG, Prost SG and Oehme K 2016, ‘Responses of police officers to cases of officer domestic violence: effects and demographic and professional factors’, Journal of Family Violence, vol. 31, pp. 771-784.
[181] Ibid., p. 21.
[182] This guidance uses the term ‘predominant aggressor’ rather than ‘primary aggressor’. This is to avoid mutualising family violence perpetration with use of force and other self-protective behaviours that can lead to misidentification of the ‘real’ perpetrator.
[183] Women’sLegal Service 2018, Policy paper 1: “Officer she’s psychotic and I need protection” – Police misidentification of the ‘primary aggressor’ in family violence incidents in Victoria.
[184] Rainbow Health Victoria 2020, Pride in prevention: a guide to primary prevention of family violence experienced by LGBTIQ communities, p.9.
[185] No to Violence 2019, Discussion paper: predominant aggressor identification and victim misidentification, No to Violence, Melbourne.
[186] Larance LY, Goodmark L, Miller SL and Dasgupta SD 2018, ‘Understanding and addressing women’s use of force in intimate relationships: a retrospective’, Violence Against Women, vol. 25, no. 1, pp. 56-80.
[187] Kertesz M 2020, Women who use force: final report – vol. 1, University of Melbourne, Melbourne.
[188] Victoria Police Manual, Family Violence, ‘Identifying the primary aggressor’, pp. 12-13, last updated 19 February 2021.
[189] Evidence on this item is based on cisgender heterosexual relationships. Evidence is not present for how this should inform predominant aggressor identification in LGBTIQ relationships.
[190] EACPI 2019, Final report, State Government of Victoria, Melbourne, p. 22.
[191] Adapted from State Government of Western Australia 2015, Western Australian Family and Domestic Violence Common Risk Assessment and Risk Management Framework, 2nd ed.
[192] No to Violence 2020, NSW risk, safety and support framework, No to Violence, Melbourne.
[193] RMIT Centre for Innovative Justice 2019, Foundations for family and domestic violence perpetrator intervention systems, RMIT CIJ, p. 8.
[194] State of Victoria 2008, Strong Culture, Strong Peoples, Strong Families: Towards a safer future for Indigenous families and communities — 10 year plan, 2nd ed.
[195] Adapted from Merriam-Webster dictionary definition of intersectionality.
[196] Refer to George v Rockett, 1990, 170 CLR 104.
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