West, Rebecca; Kraszlan, Katalin --- "Family violence: Western Australia trials a specialised court" [2001] AltLawJl 73; (2001) 26(4) Alternative Law Journal 197

• FAMILY VIOLENCE
• Western Australia trials a specialised court
• Court processes
• Restraining orders
• Criminal matters
• Key components
• Evaluation
• Conclusion

FAMILY VIOLENCE
Western Australia trials a specialised court

KATALIN KRASZLAN and REBECCA WEST^[*] report on a collaborative approach to dealing with family violence.

The Joondalup Family Violence Court (JFVC) was opened at the Joondalup Court, WA in December 1999 following recommendations in the Family and Domestic Violence Taskforce Action Plan (1995). The aims of the JFVC are:

• to improve the criminal justice response to family violence;

• to make perpetrators accountable for their behaviour;

• to support victims in the criminal justice system and ensure their safety; and

• to reduce the incidence of family violence in the Joondalup district.

The JFVC deals with Violence and Misconduct Restraining Orders, and all criminal matters related to family violence, that is where there is or has been a familial relationship between the parties and/or there is an inter- familial connection between the parties. The court aims to engage the offender in the criminal justice system as early as possible and then monitor their behaviour through conviction, sentencing and community supervision. In conjunction with monitoring the defendant, services are provided to increase the likelihood of the victim remaining in the prosecution process, to increase victim safety and to enhance victim satisfaction with the criminal justice system. Victim services include safety audits/risk assessment and support through the criminal justice system.

In order to achieve these objectives the JFVC uses an interagency approach. The agencies formally involved in the project are the Ministry of Justice, the Western Australian Police Service, Family and Children’s Services and the Pat Giles local refuge. A memorandum of understanding between these agencies outlining their roles and limits within the court has been signed. A strong link also exists between the court and Relationships Australia, who provide treatment services to the court.

Court processes

Restraining orders

When the applicant takes out a Restraining Order, the staff at the court assess whether the matter is related to family violence. If it is a family violence matter, the applicant is referred to the Victim Support area located in the courthouse. The Victim Support Worker (VSW) then interviews the applicant and provides assistance in completing the restraining order application and a pro forma affidavit. The applicant then appears in the JFVC and, based on the affidavit evidence presented, a decision is made as to whether or not the order is granted.

VSWs also help to identify areas in which the applicant may need other assistance. This may include safety plans, emergency accommodation, financial relief, child-care and medical assistance. Referrals to the appropriate agencies are made. If during the assessment process the VSW identifies further criminal matters, the applicant is referred to the Police Domestic Violence Investigation Unit (DVIU) for follow up.

Criminal matters

Following arrest or summons, offenders appear in the JFVC. Defendants appearing in the JFVC are represented by either duty counsel or their own lawyer. If defendants plead not guilty they are remanded and returned to normal case processing and are no longer involved in the JFVC.

Defendants who plead guilty are remanded for a Pre- Sentence Report (PSR). Although the court has access to all sentencing options within the jurisdiction of the Court of Petty Sessions, a distinguishing feature of sentencing in the JFVC entails the use of perpetrator treatment programs. Following the presentation of the PSR, defendants are placed on bail with the condition that they attend a perpetrator program and obey the directives of the Community Corrections Officer (CCO). The CCO acts as surety for defendants, which allows defendants to be brought back to court rapidly if any bail conditions are breached. The defendants attend court midway through the perpetrator program, where the magistrate reviews their progress. If they have made no progress, they are sentenced at this hearing. If they have made progress towards addressing their behaviour they are remanded for a further three months. At the end of the program (six months) the defendants return to court for sentencing. The presiding magistrate should then take a defendant’s progress while on the program into account during the sentencing process. Defendants who perform well in the program may receive a sentence that reflects their level of commitment to the process of behavioural change (non custodial).

Key components

The key components of the Joondalup Family Violence Court pilot are:

1. The special Police Domestic Violence Investigation Unit (DVIU) in Joondalup. These officers are responsible for investigating all reported family violence incidents in the Joondalup Police Region. If charges are laid the matter is referred to the JFVC.

2. A specialist magistrate, prosecutor and defence counsel are attached to the JFVC. The court uses a traditional coercion model to engage offenders; using the impact of arrest and impending prosecution to coerce defendants into a treatment program. A designated duty counsel has been assigned to the JFVC to ensure that defendants receive legal advice prior to agreeing to engage in the program.

3. The JFVC utilises a case management approach to managing offenders and victims through the criminal justice system. The Case Management Team is responsible for the day-to-day implementation of the case management aspect of the pilot. It meets weekly to share information and discuss cases appearing before the court. The team comprises a Case Management Coordinator, a victim support worker, a Community Corrections officer, the OIC of the Police Domestic Violence Investigation Unit and a Family and Children’s services worker. The key components of the case management meetings are:

• the preparation of pre-sentence reports;

• the development, implementation and maintenance of case management plans for victim(s) and offenders;

• the preparation of progress reports on victims and offenders, i.e. the preparation of a three-month program progress report for offenders, and an offenders program completion report for the court;

• the development of agency-specific interventions if a need is identified;

• dealing with breach/re-offending matters; and

• the review of case file closure.

The level of quality and completion of the information collated by the team allows the court to be more informed and deal more effectively with offenders. It also allows the agencies involved to combine their resources and skills to provide a more holistic and appropriate response to victims of family violence. Having specialised and designated staff is considered to be a critical component of the Joondalup model. As one of the Case Management Team members has commented:

It is really important. It makes such a difference. You have complete confidence in the police officers. You are now dealing with half a dozen specialist officers, rather than 300 general duties officers. That’s crucial.

Evaluation

Evaluation activities have been given a high priority and have been built into the pilot. The evaluator utilises an interactive process model, and works closely with the project and providing important feedback on an ongoing basis to the project coordinators. This has enhanced the pilot’s ability to identify problems or difficulties. An outcome evaluation will also be conducted, and a control court has been selected with which the outcomes of the Joondalup model will be compared.

Conclusion

The JFVC model involves a partnership between government and non-government agencies. This is generally viewed positively by team members and is perceived to keep the whole project ‘grounded’ in the aims of working towards the reduction of family violence, perpetrator accountability and improving victims’ safety. This integrated model enhances the project’s ability to deal with family violence matters in a holistic way, and has greater potential for success than a model based only on interagency collaboration or coordination.

Although clients and staff view the court favourably it is still unknown whether or not the court has made a significant impact on the level of domestic violence in Joondalup. The outcome evaluation, due to be tendered in late 2001, will provide information on issues such as recidivism and victim safety.

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^[*] Katalin Kraszlan works at the Ministry of Justice.

Rebecca West works with the West Australian Police Service.