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New guidance on information sharing under the Family Violence Act 2018 and Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act 1989) has been published by the Ministry of Justice and the Ministry for Children - Oranga Tamariki.
New provisions on information sharing in these pieces of legislation come into force on 1 July 2019.
Key messages on how the information sharing provisions in the two Acts work together states:
"The Family Violence Act 2018:
- introduces new laws that allow information to be shared to identify, stop, prevent and otherwise respond to family violence
- applies to the family violence sector
The Oranga Tamariki Act 1989:
- amends the existing information sharing provisions to allow information to be shared for the safety and wellbeing of tamariki
- applies to the child welfare and protection sector
Both Acts:
- apply to many of the same agencies and people, including schools, early childhood services, health professionals, social workers, some non-government organisations, Police and other government departments
- are designed to encourage agencies and people to voluntarily share information, and work collaboratively
- are about ensuring information that is relevant is shared appropriately, and for the right purposes
- mean people are generally protected from civil, criminal or disciplinary proceedings as long as information is shared in good faith, and they comply with the relevant information sharing provisions."
Further detail on the information sharing provisions of each Act is provided below.
Family Violence Act 2018
Under the new law, two groups of people will be able to collect, use, request and share personal information for purposes related to family violence: "family violence agencies" and "social services practitioners."
"Family violence agencies" include:
- Specified government agencies (ACC, Department of Corrections, Ministries of Education, Health, Justice, Social Development, Immigration New Zealand, New Zealand Police, Oranga Tamariki, Housing New Zealand Corporation)
- District Health Boards
- Registered Community Housing Providers
- Non-government organisation that are partly or wholly funded by government and that provides family violence services
- School boards
- Licensed early childhood services
"Social services practitioners" include:
- Teachers with current practising certificates or limited authority to teach
- Registered health professionals
- Registered social workers
The operational guidance for people covered by the provisions is based on the following eight principles:
- "People’s safety comes first
- You should obtain consent to share information when it’s safe to do so
- You must consider sharing information if you think it will protect a victim or if you receive a request
- You can share information for specific purposes
- You must only share relevant information
- You should check that the information is accurate
- You should record reasons for your decisions
- You have legal protection from liability when you share information, unless you share in bad faith"
More detailed guidance is available in Sharing information safely: Guidance on sharing personal information under the Family Violence Act 2018 (Ministry of Justice, 2019).
The Ministry of Justice has also published the following supporting documents:
- Decision tree poster (setting out the information sharing process step-by-step)
- One page factsheet
The information sharing provisions are found in Part 2 of the Family Violence Act.
The workforce is welcome to contact the Ministry of Justice with questions, additional tools people may need to support effective practice and the implementation of the law, and ideas on how the family violence information sharing guidance can be improved: contact FVinformationsharing@justice.govt.nz
If you have questions about the family violence or Oranga Tamariki information sharing guidance, from 1 July 2019 you will also be able to contact the joint helpline on 0508 INFOSH (463 674). This helpline is to assist agencies and practitioners in using the guidance documents and applying the new laws. Confidential information and reports of concern should not be disclosed to this helpline.
Information sharing under the Oranga Tamariki Act 1989
Also on 1 July 1 2019, changes to section 66 of the Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act 1989) include new provisions.
The information sharing provisions are much broader than previously. They give child welfare and protection agencies the ability to request, collect, use, and share personal information for purposes related to the wellbeing and safety of tamariki.
Guidance on how to apply the new provisions has been published by Oranga Tamariki. This outlines:
- "what’s different with the new provisions
- who the provisions apply to
- the purposes for which information can be shared
- what information can be shared
- what you need to do if you’re sharing information
- what you can expect from Oranga Tamariki when you share information with us, and
- a summary of how the Oranga Tamariki Act 1989, the Family Violence Act 2018 and the Privacy Act 1993 work together."
The guidance is available in Information sharing to support tamariki wellbeing and safety: Guidance for sharing information across the child welfare and protection sector (Oranga Tamariki, 2019).
Oranga Tamariki has also published the following supporting documents:
- Flowchart with steps to following when thinking about sharing information under section 66C
- One page fact sheet.
Oranga Tamariki consulted with agencies and individuals from the child welfare and protection sector in developing the guidance. It also sought the views of some children and tamariki on what people should think about when sharing information about them.
If you have any questions about the guidance or how it relates to your practice, email: infosharinghelpline@ot.govt.nz
If you have questions about the Oranga Tamariki or family violence information sharing guidance, from 1 July 2019 you will also be able to contact the joint helpline on 0508 INFOSH (463 674). This helpline is to assist agencies and practitioners in using the guidance documents and applying the new laws. Confidential information and reports of concern should not be disclosed to this helpline.
How the documents work together
The following information has been provided on how the the two Acts work together and which to use:
Information sharing under the Family Violence Act 2018 and Oranga Tamariki Act 1989 (Ministry of Justice, 2019)
Background information
See these previous news stories:
Consultation on information sharing guidance for family violence sector
Related information
See our news story on an overview of other changes coming into effect on 1 July 2019 under the Family Violence Act 2018 and other legislation.
Budget 2019 was announced on 30 May 2019. The Budget included several areas of funding relevant to family violence, child protection and related areas such as mental health and education.
The Government had made a pre-Budget announcement of a $320 million package for family and sexual violence (see the breakdown of the funding).
In her speech to Parliament, Prime Minister Jacinda Ardern said this Budget was different, highlighting the focus on wellbeing versus gross domestic product (GDP) as a measure of success. Minister of Finance Grant Robertson's speech outlined the approach to the Wellbeing Budget and provided an overview of the six priorities in Budget 2019:
- Taking mental health seriously
- Improving child wellbeing
- Supporting Māori and Pasifika aspirations
- Building a productive nation
- Transforming the economy
- Investing in New Zealand.
All Wellbeing Budget 2019 Government announcements are available online. The Budget 2019 Policy website provides detailed information. Below are some of the key areas.
Funding for child protection and early intervention
The Government outlined a number of funding areas focused on child protection and early intervention:
- a new intensive intervention service providing new, family and whānau intensive support workers to work with families and whānau of children most at risk of entry or re-entry into State care to support them to remain safely at home
- $26 million over four years for non-government organisations (NGOs) who currently partnering with Oranga Tamariki - Ministry for Children to provide early intervention services
- $524 million over the next four years to support Oranga Tamariki to meet new care standards and an extra 350 frontline staff
- $70 million to meet the individual needs of children in care for items such as toys, books, laptops, sports and specialist health equipment
- 60 extra dedicated support staff for caregivers and new specialised training for all caregivers
- new whānau care partnerships to attract more Māori caregivers
- up to 16 new, small community-based homes for 100 additional youth justice placements for 17-year-olds, with an extra 300 staff to work in the facilities
- a new transition service to support 3,000 young people to prepare for and transition successfully from care and youth justice services to adulthood.
For more information, see the media release from Oranga Tamariki and the summary of Budget 2019 Key initiatives for Oranga Tamariki – Ministry for Children. The family and sexual violence package also included funding for Oranga Tamariki.
Funding for Ministry of Social Development (MSD) work
Other funding areas were highlighted in MSD's Budget 2019 news including nearly $1.3 billion in extra funding over the next four years across a range of areas. Some of these include:
- $93.7 million for managing claims by people who have experienced abuse in state care
- $18.9 million to establish monitoring of the state care system for children and young people
- $24.9 million for cost pressure funding for contracted service providers.
Indexing benefits
The Improving child wellbeing Budget announcement detailed changes to benefits including plans to index main benefits to average wage increases from 1 April 2020, noting that:
"This applies the same principle currently used for NZ Super. It’s a more consistent approach and will limit the need for Governments to make single ad-hoc benefit increases in any one year, as the previous Government did."
This is part of the Government's consideration of the welfare system and was one of the recommendations in the final report of the Welfare Expert Advisory Group.
The Government had previously announced it would introduce the following changes: repealing Section 192 (formerly known as Section 70A) which imposes benefit sanctions, lifting abatement thresholds for people who work and receive benefits, and increasing the number of frontline staff by 263.
Funding related to pay equity
The Government announced $1 million to assist with the pay equity claims process. Workplace Relations and Safety Minister Iain Lees-Galloway said:
“This includes funding for the Ministry of Business, Innovation and Employment to develop online tools and resources which will improve peoples’ understanding of the pay equity claims process, by providing guidance and data for their claims. This will help reduce disputes, improve bargaining processes and lead to enduring pay equity settlements.”
In related news, the Select Committee has submitted their final report on the Equal Pay Amendment Bill. See a brief summary of the recommendations from the NZ Law Society. The bill is expected to pass into law later this year.
Funding for mental health
One of the priorities in Budget 2019 was mental health, with $1.9 billion allocated to a Mental Health Package that includes:
- New universal frontline mental health service established, expected to help 325,000 people with mild to moderate mental health and addiction needs by 2023/24
- $200 million extra for new and existing mental health and addiction facilities
- Expanding the nurses in schools programme to decile 5 secondary schools, reaching an extra 5,600 students
- $128.3 million for Department of Corrections to spend on mental health and addiction services
- $197 million to tackle homelessness through Housing First
- Funding for Te Ara Oranga programme in Northland.
Just before the Budget was released, the Prime Minister announced that the Government would be accepting 38 of the 40 recommendations of the mental health and addiction inquiry final report. Some of the key recommendations include:
- Significantly increase access to publicly funded mental health and addiction services for people with mild to moderate needs
- Commit to increase choice by broadening the types of services available
- Urgently complete the national suicide prevention strategy
- Establish an independent commission to provide leadership and oversight of mental health and addiction
- Repeal and replace the Mental Health (Compulsory Assessment and Treatment) Act 1992.
The Prime Minister said:
“The recommendations of He Ara Oranga are wide-ranging and comprehensive. Delivering on the Panel’s vision of a people-centred approach to mental health and addiction that meets the full range of need will be a major undertaking. Just delivering on the first recommendation around services to meet mild to moderate mental health and addiction needs will be transformational. We will need to build entirely new services, train hundreds of new staff and build new facilities across Aotearoa. All this will take significant and sustained investment. That begins with tomorrow’s Wellbeing Budget but will take years.”
The Government rejected the recommendations to set a target of 20% reduction in suicide rates and direct the State Services Commission to report on options for creating a ‘locus of responsibility’ for social wellbeing within Government. See further commentary in the media below.
Funding for Whānau Ora
Another of the six main priorities for Budget 2019 was Supporting Māori and Pasifika aspirations which included:
- $80 million over four years for Whānau Ora
- $98 million for a pathway for people to experience a kaupapa Māori and whānau-centred pathway to address reoffending.
Other areas in this funding stream include support for te reo Māori and Pacific languages; improved health, housing, education and skills; and the Whenua Māori Programme. For more information see Te Puni Kōkiri's Tahua 2019: Wellbeing Budget 2019 Māori Development Initiatives.
Commentary
Various advocates have welcomed the budget announcements. Continuing concerns have been raised about inadequate funding for social services staffing, in particular the pay gap between Oranga Tamariki and non-government organisation social workers. See press releases from Social Service Providers Aotearoa (SSPA), Barnardos, New Zealand Council of Christian Social Services (NZCCSS) and the Public Service Association.
For other commentary and further Government announcements see the media list below.
Related media
Abuse fund boost short, lawyer says, Otago Daily Times, 07.06.2019
Budget boosts Pacific-led wellbeing focus for Aotearoa, Beehive press release, 04.06.2019
Funding for Growing Up in New Zealand study, Beehive press release, 04.06.2019
Mixed reactions to NZ Budget initiatives for Pacific people, Radio NZ, 03.06.2019
Where does gender equality fit into the Budget?, Newsroom, 31.05.2019
Targeted funding draws wide support, Waatea News, 31.05.2019
Whānau ora offers way to achieve wellbeing agenda, Waatea News, 31.05.2019
Investing in New Zealand, Beehive press release, 30.05.2019
Wellbeing Budget tackles New Zealand’s long-term challenges, Beehive press release, 30.05.2019
$133m to break Māori re-offending and imprisonment cycle, Te Ao Māori News, 30.05.2019
A well-meaning Budget 2019 offers almost half a billion for Māori, Te Ao Māori News, 30.05.2019
Mental health workers for GP clinics - but where will they come from?, NZ Herald 30.05.2019
Government has failed Maori across the board, Press Release: Maori Council, Scoop, 30.05.2019
Wellbeing Budget: A systemic approach to complex issues, Press Release: UNICEF NZ, Scoop, 30.05.2019
Budget 2019 for Māori: Whānau Ora to receive $80m over four years, Radio NZ, 30.05.2019
Budget 2019: What you need to know, Radio NZ, 30.05.2019
Budget 2019: Mental health and child poverty focus in first Wellbeing Budget, Stuff, 30.05.2019
Mental health response not transformative... yet, Newsroom, 30.05.2019
Changes from 1 July 2019: Family Violence Act 2018 and other legislation
On 1 July 2019, the Family Violence Act 2018 comes into force. This replaces the Domestic Violence Act 1995.
The remaining provisions of the Family Violence (Amendments) Act 2018 also come into effect on 1 July 2019. These amend a number of other Acts.
The Ministry of Justice provides a summary of the changes.
A brief summary and brochure on changes to protection orders is also available from the Ministry of Justice.
Family Violence Act 2018
Some key provisions and changes under the Family Violence Act 2018 are highlighted below, with links to the relevant sections for further information.
Part 1 of the Act sets out its purpose, principles to guide the achievement of that purpose, definitions, and other preliminary provisions.
The new Act gives decision-makers in the family violence system more guidance about the nature and impact of family violence.
The purpose of the Act is to "stop and prevent family violence by—
recognising that family violence, in all its forms, is unacceptable; and stopping and preventing perpetrators from inflicting family violence; and keeping victims, including children, safe from family violence." (section 3)
Section 3(2) states that any court or person who exercises a power under the Act must be guided by this purpose.
Fifteen principles are set out to guide the achievement of the purpose of the Act (section 4). Selected principles include:
(b) decision makers should, whenever appropriate, recognise that family violence is often behaviour that appears to be minor or trivial when viewed in isolation, but forms part of a pattern of behaviour that causes cumulative harm:
(c) decision makers should, whenever appropriate, recognise that family violence often is or includes coercive or controlling behaviour:
(h) perpetrators of family violence should face effective responses to, and sanctions for, family violence:
(i) perpetrators of family violence should have access to, and in some cases be required to engage with, services to help them stop and prevent their family violence:
(j) victims of family violence should have access to services to help secure their safety from family violence:
(k) arrangements that support the ongoing safety and well-being of a victim of family violence should whenever practicable be sustained (for example, employment, education, housing, or community involvement):
(l) responses to family violence should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga Māori (Māori customary values and practices):
(m) decision makers should consider the views of victims of family violence, and respect those views unless a good reason exists in the particular circumstances for not doing so (for example, because doing so would or may compromise victims’ safety):
Definitions are provided of family violence, abuse and psychological abuse (sections 9-11).
Family violence includes physical abuse, sexual abuse and psychological abuse, and dowry-related violence.
Psychological abuse can include: threats, intimidation, harassment, damage to property, ill-treatment of pets/animals, financial or economic abuse, and hindering or removing access to necessary aids, devices, medication, or other support.
Violence can include a pattern of behaviour that may be coercive or controlling or causes the person, or may cause the person, cumulative harm.
A single act may amount to abuse, and a number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, may appear to be minor or trivial) may amount to abuse.
Causing or allowing a child to see or hear the physical, sexual, or psychological abuse of a family member (or putting a child at risk of this) is considered psychological abuse of the child. (However the person subjected to the abuse is not considered to have caused or allowed the child to see or hear the abuse.)
Definitions are also provided of "family relationship" (general, sharing household, and close personal relationship) (sections 12-14).
A person may be considered to have a close personal relationship with another person if they are the recipient of care-carer relationship (section 14(2)).
Part 2 of the Act is about information sharing.
See our separate NZFVC News story on changes to information sharing.
Part 3 is about Police safety orders (PSOs).
Changes include that PSOs can be issued for up to 10 days (previously five). Also, Police can provide a written direction to a person bound by a PSO that they must attend a risk and needs assessment.
Part 4 is about protection orders.
New provisions allow a representative or an organisation approved by the Ministry of Justice to apply for a protection order on behalf of an applicant. This can be applications made on behalf of a child, a person lacking capacity, or a person prevented from applying personally due to fear of harm or other sufficient cause (section 74).
A new provision enables the court to direct that a Protection order applies to any child of the applicant, whether or not that child ordinarily or periodically resides with the applicant (sections 86-87).
As previously, a protected person may suspend the standard no-contact condition in a protection order by giving consent to contact with the respondent (sections 91-93). However a new provision notes that consent to contact must be in writing or in a digital communication (for example, in a text message, email, letter, or standard form). The cancelling of consent to contact may take any form (for example, words spoken face to face, or by telephone) (section 94).
New guidance is provided for courts determining whether to discharge a protection order, including a temporary protection order (section 110).
Part 5 is about property orders.
Applicants with (or applying for) a protection order can apply for an occupation order, tenancy order or furniture order. Previously, to make an order, the court had to be satisfied it was necessary for the protection of the applicant, or in the best interests of a child. Under the new, broader test, the court must be satisfied the order is reasonably necessary:
- to meet the accommodation needs of the applicant, a child, or both, or
- to enable the applicant to continue existing childcare, education, training, or employment arrangements for themselves, a child, or both; or
- is in the best interests of a child.
The court must also have regard to the reasonable accommodation needs of any other people who may be affected by the order.
Part 6 is about procedure.
Part 7 is about programmes and prescribed services.
New provisions enable the court to direct people who commit family violence to attend a wider range of services.
Part 8 is about overseas protection orders.
Part 9 is about public registers.
Part 10 contains other provisions.
Family Violence (Amendments) Act 2018
The Family Violence (Amendments) Act 2018 makes changes to a number of Acts to improve responses to family violence in criminal and civil law.
The first stage of amendments came into effect on 3 December 2018. These amended the Bail Act 2000, Crimes Act 1961, and the Evidence Act 2006 to:
- provide that the safety of victims, including children, is the priority when courts make decisions on bail. For example, before deciding on a perpetrator’s bail, the court is to first consider the effect of the decision on the victim
- create the new offence of strangulation or suffocation
- make it an offence to force someone into marriage or a civil union in New Zealand or overseas
- make it a specific offence to assault a family member
- enable video evidence
The Ministry of Justice has produced videos providing information about strangulation or suffocation, forced marriage, and assault on a family member.
The second stage of amendments come into effect on 1 July 2019. These amend the Sentencing Act 2002, the Criminal Procedure Act 2011 and the Care of Children Act 2004 to put in place the remaining changes. These include changes to:
- Make breaching of a protection order a specific aggravating factor to be considered at sentencing
- Introduce a 'family violence flag' that can be attached to an offence so that court staff are aware of the potential risks associated with a case
- Make changes in relation to parenting arrangements:
- enable judges considering applications under the Care of Children Act (CoCA) to make temporary protection orders where a CoCA order wouldn’t provide enough protection
- enable judges to impose protective conditions for child handover arrangements if there’s been family violence
- require judges to consider the existence or breach of a protection order when they assess a child’s safety.
A range of changes to the Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act 1989) also come into effect on 1 July 2019.
Update: The New Zealand Law Society has recorded two CPD webinars:
- Family Violence Legislation - Phase One (February 2019)
- Family Violence Legislation - Phase Two (July 2019).
Related media
Exclusive: Significant drop in marriages of minors after 2018 law change, Newstalk ZB, 02.07.2021
Getting tough: How New Zealand could stop domestic violence, Stuff, 20.09.2019
Wairua part of violence recovery, Waatea News, 08.07.2019
Family violence laws modernised, Newsroom, 02.07.2019
First appeal against strangulation sentence fails, gives judges guidance, Stuff, 02.07.2019
Family and sexual violence package briefing, RNZ, 27.06.2019
Keeping victims of family violence safer, Press Release: New Zealand Government, Tuesday, 18.06.2019
Region's police welcome safety order change, Stuff, 08.04.2019
It is a chance for libraries to promote and build our Rainbow collections.
Out on the Shelves has run its campaign week for the second time in 2019. Out on the Shelves is run by InsideOUT, a national charity supporting young people of minority sexualities, genders and sex characteristics in Aotearoa New Zealand.
As the Clearinghouse is a library, we have taken the opportunity to highlight some research and resources on addressing violence against Takatāpui/Rainbow/LGBTTIQA+ communities. We hope you will find these useful in your work.
Books
Queering sexual violence: Radical voices from within the anti-violence movement
by Patterson, Jennifer | Gossett, Reina.
Riverdale, NY: Riverdale Avenue Books, 2016
Available for loan from the Clearinghouse library
Resources
Aotearoa New Zealand
Power and control wheel for rainbow relationships
by Hohou Te Rongo Kahukura - Outing Violence.
Wellington, New Zealand: Hohou Te Rongo Kahukura - Outing Violence, 2017
Growing up takatāpui: Whānau journeys
by Kerekere, Elizabeth | Rainbow Youth | Tīwhanawhana Trust.
Auckland, New Zealand: Tīwhanawhana Trust; Rainbow Youth, 2017
Takatāpui: Part of the whānau
by Kerekere, Elizabeth.
Wellington, New Zealand: Auckland, New Zealand: Tīwhanawhana Trust Mental Health Foundation, 2015
You, me / us
by Rainbow Youth | It's Not OK Campaign.
Auckland, New Zealand: Rainbow Youth, It's not OK Campaign, 2015
International
Another Closet (Australia)
The NW Network of Bi, Trans, Lesbian and Gay Survivors of Abuse (USA)
Family violence & LGBTIQ
Web resource
w|respect 1800 LGBTIQ (Australia)
Safety Planning: A Guide for Transgender and Gender Non-Conforming Individuals who are experiencing intimate partner violence
Milwaukee, WI: Forge, 2013
First do no harm: 8 Tips for addressing violence against transgender and gender non-binary people
Cooke-Daniels, L. & Munson, M.
Milwaukee, WI: Forge, 2016
LGBTQ intimate partner violence
Web resource
Asian Pacific Institute on Gender-Based Violence (api-gbv) (USA)
Identifying and assisting LGBT elder abuse clients: A guide for abuse professionals
National Resource Center on LGBTQ Aging & Forge Transgender Aging Network, 2013
Research and reports
Aotearoa New Zealand
Building Rainbow communities free of partner and sexual violence
by Dickson, Sandra.
Wellington, New Zealand: Hohou Te Rongo Kahukura - Outing Violence, 2016
Doing our best for LGBTIQ survivors
Dickson, Sandra | Te Ohaakii a Hine-National Network Ending Sexual Violence Together.
Wellington, New Zealand: Te Ohaaki a Hine National Network Ending Sexual Violence Together (TOAH-NNEST), 2016
Good Practice Responding to Sexual Violence - Guidelines for mainstream crisis support services for survivors. Round Two.
Young people attracted to the same sex or both sexes: Findings from the Youth '12 national youth health and wellbeing survey
by Lucassen, M | Moselen, Emma | Robinson, E | University of Auckland. Adolescent Health Research Group | Clark. Terryann C.
Auckland, New Zealand: University of Auckland. Adolescent Health Research Group, 2014
Inside Out: Evaluation findings
by Fenaughty, John.
Auckland, New Zealand: Auckland Curative, 2016
International
Brief on violence against sexual and gender minority women: Violence Against Women and Girls resource guide
by Crehan, Phil | McCleary-Sills, Jennifer.
VG resource guide, September 2015
Intimate partner violence in lesbian, gay, bisexual, trans, intersex and queer communities: Key issues
by Campo, Monica | Tayton, Sarah.
CFCA Practitioner Resource, December 2015
Melbourne, Vic: Child Family Community Australia, Australian Institute of Family Studies, 2015
Same-sex intimate partner homicide in Australia
by Gannoni, Alexandra | Cussen, Tracy.
Trends & issues in crime and criminal justice, March 2014, no. 469
Canberra, ACT: Australian Institute of Criminology, 2014
Sexual violence and gay, lesbian, bisexual, trans, intersex and queer communities
by Fileborn, Bianca.
ACSSA resource sheet, March 2012
Sydney, NSW: Australian Centre for the Study of Sexual Assault, 2012
The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 findings on victimization by sexual orientation
by Walters, Mikel L | Chen, Jieru | Breiding, Matthew J | Chen, Jieru | Stevens, Mark R.
Atlanta, Ga.: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 2013
Intimate partner violence and sexual abuse among LGBT people: A review of existing research
Brown, T.N.T. & Herman, J.L.
Los Angeles, CA: Williams Institute, 2015
Preventing and Responding to Domestic Violence in Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) Communities
VAWnet Special Collection, 2013
Sexual Violence in Lesbian, Gay, Bisexual, Transgender, Intersex, or Queer (LGBTIQ) Communities
VAWnet Special Collection, 2011
Exploring the service and support needs of male, lesbian, gay, bi-sexual and transgendered and black and other minority ethnic victims of domestic and sexual violence: Report prepared for the Home Office
by Hester, Marianne | Williamson, Emma | Regan, Linda | Coulter, Mark | Chantler, Khatidja | Gangoli, Geetanjali | Davenport, Rebecca | Green, Lorraine.
Bristol, England: University of Bristol, 2012
Primary prevention of family violence against people from LGBTI communities: An analysis of existing research
by Lay, Yvonne | Horsley, Philomena | Our Watch | GLHV@ARCSHS, La Trobe University.
Melbourne, Vic: Our Watch, 2017
***
Out on the Shelves is also an online resource that lists books with rainbow themes and characters, with the aim of supporting rainbow young people to find stories that represent their identities in positive and affirming ways. For more information see Out on the Shelves.
Te Korowai Ture ā-Whānau: The final report of the Independent Panel examining the 2014 family justice reforms (2019), makes 70 recommendations for change to law, policy and practices related to family justice services. These cover law, resourcing, administrative and operational processes and infrastructure. They also include recommendations relating to building capability and capacity within the Court and family justice services to "allow for children’s participation, recognise te ao Māori, provide for diversity, accommodate disability and better respond to family violence."
The Panel states the impact of the 2014 reforms could not be considered in isolation from other areas of family law, such as legislation governing family violence, care and protection, and relationship property. The review was not a first-principles review of the Family Court or family justice services as a whole however the Panel makes recommendations on a number of issues.
Findings and recommendations
The principal recommendation of the Panel is to introduce a joined-up family justice service called Te Korowai Ture ā-Whānau. This would bring together the in and out of court elements of family justice services, in an attempt to address siloing and fragmentation.
The remaining recommendations are grouped into the following categories:
- system-wide issues
- encouraging early agreement
- strengthening the Family Court
- monitoring and development.
Part One discusses the most significant system-wide issues in family justice services that were identified through consultation and research. These include: children’s participation, recognition of te ao Māori, responding to diversity, accommodating disability, family violence and children’s safety, and endemic delays. One of the key findings is "Knowledge of family violence in all its forms is still not widespread, and there appears to be limited understanding of its impact on children." (page 33)
The recommendations on family violence and children's safety are summarised in the Executive Summary as follows:
"Amend the Care of Children Act 2004 so that judges may:
a. make findings of fact in a timely way, where there is a disputed allegation of violence or abuse
b. undertake ongoing risk assessment, recognising that risk is dynamic and can be unpredictable.
Amend the Care of Children Act 2004 to include a checklist of factors the Family Court may take into consideration relevant to a child’s safety, including:
- the nature, seriousness and frequency of the violence used
- whether there is a historic pattern of violence or threats of violence, for example coercive and controlling behaviour or behaviour that causes or may cause the child or their carer cumulative harm
- the likelihood of further violence occurring
- the physical or emotional harm caused to the child by the violence
- whether the child will be safe in the care of or having contact with the violent person
- any views the child expresses on the matter
- any steps taken by the violent party to prevent further violence occurring
- any involvement or oversight by a community or other organisation relating to a child’s welfare
- any serious mental health condition that impacts on a party’s ability to ensure a child’s safety, and the steps taken to address this condition
- any drug or alcohol issues that impacts on a party’s ability to ensure a child’s safety, and the steps taken to address these issues
- any other matters the Court considers relevant."
Amend the Family Court Rules 2002 to specify Care of Children Act documents to include information about the safety needs of victim-survivors when attending court.
Amend the Care of Children Act 2004 and relevant Rules to enable the Family Court to
request relevant information about family harm or family violence incidents from Police and reports from supervised contact providers.
Direct the Ministry of Justice, in consultation with key stakeholders, to develop a risk
assessment tool for use with children, victim-survivors and perpetrators of violence.
Direct the Ministry of Justice to work with judges and relevant professional bodies to ensure family justice professionals receive consistent, ongoing training about family violence.
Amend the Family Violence Act 2018 (as it will be called from 1 July 2019) so that children who are the subject of Care of Children Act proceedings are able to access safety programmes available under that Act."
Part Two focuses on encouraging early agreement between parents and whānau. This includes "... ensuring parents and whānau must be able to access the right service at the right time in the right way." This considers quality and accessible information, counselling outside the Court, Parenting Through Separation (PTS), Family Dispute Resolution (FDR), access to early legal advice and community engagement.
Part Three focuses on Family Court processes. The Panel considered the increase in without notice applications, delays in resolution of cases, and the role of court professionals. It assesses the 2014 reforms and covers court registry staffing, judicial resourcing, access to legal representation, lawyer for child and psychologists, court-directed counselling, complex cases, case tracks and conferences, without notice applications, and cost contributions.
Part Four contains recommendations on monitoring and development. The Panel highlights there here has been no comprehensive monitoring of the impact of the 2014 reforms and available data is not adequate to compare and evaluate developments. This part addresses financial pressures, technology in the Family Court, the Family Court Rules, Care of Children Act forms and recommendations on monitoring and development.
The Appendices include a prioritisation of the recommendations and estimated costs to implement the recommendations.
An executive summary is available in Te Reo, an easy read version and a video with sign language. The Panel also released a research report commissioned from UMR Research, A qualitative study on behalf of the Independent Panel examining the 2014 family justice system reforms, which summarises interviews conducted with children, Māori and Pasifika parents and whānau, and disabled parents.
In releasing the report, Justice Minister Andrew Little said:
“These changes were meant to make things easier for families at a difficult time, but they have had the opposite effect. Cases are taking longer to resolve and many family members involved in the court processes say they are not well-supported. I am also keen to give close consideration to the recommendations about the need for more culturally sensitive approaches."
Andrew Little said he had tasked officials with developing a workable programme for change, and expected to receive advice from them by the end of the year.
Background information
The Justice Minister set up the independent to review the 2014 Family Court reforms in August 2018. The Panel ran two rounds of public consultation. The terms of reference, consultation documents, public submissions and consultation summary reports are available on the Ministry of Justice Family Court Rewrite webpage.
For more background see our previous stories:
Second round of consultation open on family justice reforms
Consultation open on family court review
Government announces panel to review 2014 Family Court Reforms
Responses to the report
In response, the Backbone Collective has written an open letter to the Prime Minister, stating,
"The Report is comprehensive with a wide range of recommendations. We accept that if implemented, the Court will be more efficient and effective for the straightforward cases. However, we believe recommendations 17-24 dealing specifically with ‘Family Violence and children’s safety’ fall well short in adequately addressing the complex and specialist cases involving family violence or child protection or the specific problems Backbone and many individual women raised with the Review Panel."
The open letter also discusses issues raised by media and advocates related to Oranga Tamariki's uplift practices, including the role of the Family Court in taking children into state care. The Backbone Collective recommends:
"1. The urgent establishment of interim measures to keep women and children safe in Family Violence and Child Protection cases being brought before the Family Court.
2. The urgent establishment of a Royal Commission of Inquiry into the processes, procedures, conduct and culture of the NZ Family Court and Oranga Tamariki in relation to cases of family violence and child protection - with powers to subpoena witnesses, interview judges and officials and review case files."
Co-founder Ruth Herbert has also written a piece about patterns the Backbone Collective has observed in the stories they have heard from women about how the state funded system responds.
In an interview on Waatea News, researchers Dr Jacinta Ruru and Associate Professor Khylee Quince discuss how areas of family law including the Family Court and Oranga Tamariki - Ministry for Children have not adequately or prominently considered and given effect to Te Tiriti o Waitangi. They note that legislative changes related to Oranga Tamariki coming into effect on 1 July 2019 provide new opportunities.
Jacinta Ruru and Khylee Quince have explored this with co-authors Tania Williams, Horiana Irwin-Easthope and Heather Gifford in a newly published paper on the Care and Protection of Tamariki Māori in the Family Court System (2019). The paper urges the government to give effect to long-standing Kaupapa Māori models for developing new legally-required evaluation measures aimed at reducing the disparities for Māori children and young people who come to the attention of Oranga Tamariki - Ministry for Children. This is the first of a new series of think piece papers published from Ngā Pae o te Māramatanga.
Related news
During the financial year 2018/19 the Ministry of Justice reviewed legal aid policy settings. Key themes in feedback from providers included: provider remuneration, eligibility thresholds for civil/family legal aid and the administrative burden on providers of legal aid processes. However Budget 2019 did not include funding to implement changes from this review. The Ministry of Justice is continuing to examine other areas of legal aid process for improvements. It has also begun a large piece of work reviewing provider application, approval, contracting and quality assurance processes.
A number of United Nations representatives, including the UN Special Rapporteur on violence against women, its causes and consequences have signed a joint statement addressing intimate partner violence (IPV) and child custody saying:
"The Platform of undersigned United Nations and regional independent mechanisms on violence against women and women’s rights voiced its concern over patterns across various jurisdictions of the world that ignore intimate partner violence against women in determining child custody cases. These patterns reveal underlying discriminatory gender bias and harmful gender stereotypes against women. Ignoring intimate partner violence against women in the determination of child custody can result in serious risks to the children and thus must be considered to ensure and grant their effective protection."
The joint statement highlights how a number of international mechanisms affirm that IPV should be considered in child custody cases. In conclusion they wrote:
"... the Platform reiterates its call that, in determination of custody and visitation rights of children, violence against women is taken into account in all custody cases and that perpetrators’ rights or claims during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity, and guided by the principle of the best interests of the child."
Related media
Mother says Family Court battle with her ex-partner has left her homeless, Stuff, 29.10.2019
Delivering certainty for Community Law Centres, Beehive Press Release, 27.06.2019
Better Funding Needed For Community Law, Press Release: Community Law Centres, Scoop, 27.06.2019
Māori Law Society backs family court overhaul, Waatea News, 20.06.2019
Family Court review calls for 70 changes costing up to $60m a year, RNZ, 17.06.2019
‘Monocultural’ Family Court must change - report, Newsroom, 17.06.2019
Time to disrupt family law with Treaty of Waitangi, Waatea News, 07.06.2019
Kaupapa-Māori approach urged for Māori kids in state care, RNZ, 05.06.2019
The first report from Te Uepū Hāpai i te Ora, the Safe and Effective Justice Advisory Group looking at criminal justice reforms was released on 9 June 2019.
The interim report, He Waka Roimata (A Vessel of Tears) (2019), summarises the feedback and ideas Te Uepū heard through their website, social media and events. This includes feedback from victims, offenders, whānau, families, communities, service providers and the wider public. It also includes feedback from the Hui Māori: Ināia Tonu Nei and the Strengthening the Criminal Justice System for Victims workshop.
In launching the report, Te Uepū Chair Chester Borrows said:
“The overwhelming impression we got from people who have experienced the criminal justice system is one of grief. Far too many New Zealanders feel the system has not dealt with them fairly, compassionately or with respect - and in many cases has caused more harm.
We heard that the current system simply isn’t delivering effective justice, and a 60 per cent reoffending rate within two years of a person leaving prison is some evidence of its ineffectiveness. We’re hearing that many victims are left with a sense that justice has not been done. People are feeling let down at their most vulnerable time.
And for Māori the legacy of colonisation comes in many forms, many of them with tragic consequences, as is the case in all colonised countries where indigenous peoples are over-represented in prison. This legacy is a gross unfairness and something we should not tolerate in New Zealand."
The report is primarily focused on exploring the following major issues, with a chapter dedicated to each:
- "too many people who have been harmed by crime feel unheard, misunderstood and re-victimised
- the number of Māori in the system is a crisis
- violence is an enormous problem, particularly for families and children
- formal justice processes fail us too often
- the system is too focused on punishment and neglects prevention, rehabilitation, reconciliation and repair of the harm done by crime
- individuals, families and whānau feel unsupported and disempowered by the system, and the ability of iwi, hapū, communities, NGOs and others to provide support is constrained by the siloed nature of government structures and funding arrangements
- people experiencing mental distress lack the support they need." (page 14)
Findings
Te Uepū states that the number of Māori in the justice system is a crisis and that racism is embedded in every part of the justice system. In Chapter 5, focused on Māori, Te Uepū writes about racism and colonisation:
"We heard that, for Māori, the impact of colonisation, neo-colonial practices and racism are everyday experiences that undermine, disenfranchise and frequently conspire to trap them in the criminal justice system. We heard that the criminal justice system has been used to actively weaken and undermine Māori culture and identity. We also heard these are confronting and difficult concepts for many non-Māori." (page 24)
Te Uepū also heard from Māori "that they still hold hope for change. They told us solutions for Māori exist, but they must be led locally and by Māori if they are going to work and be sustained over time." (page 3)
Te Uepū also heard that for the justice system to change, there must be constitutional change. In particular, honouring the promises of Te Tiriti o Waitangi and "... culturally informed, adaptive solutions to the problems of social harm and crime, and to work in equal partnership with government agencies to respond to these challenges." (page 24)
Chapter 6 focuses on family and sexual violence. Te Uepū heard from many people about the substantial harm from family violence and that:
"... the criminal justice system is not working effectively to prevent or address this violence and is frequently exacerbating it. People told us that services directed at family violence are too fragmented, underresourced, often poorly targeted and ineffective. They said processes are too drawn out (particularly for children), and too many people working in the system lack the skills, understanding and support they need to effectively help those who experience family violence." (page 29)
Wider challenges include the siloed and fragmented services as well as issues arising from family violence being addressed in two different jurisdictions of the court: family justice and criminal justice. They also heard that agencies designed to support families in these processes, including Oranga Tamariki - Ministry for Children, were frequently not well aligned.
Specific to sexual violence, Te Uepū writes:
"We also heard that those who experience the violence of a sexual assault have among the worst experiences of any group in the criminal justice system, and our responses are not always the most effective." (page 29)
Te Uepū heard that from people that while sexual violence offences caused serious harm, "... the criminal justice system response had been worse." (page 32) Te Uepū heard about a number of issues including: delays in processing complaints, failure of the system to provide safety, difficult and intrusive processes to gather evidence, lack of understanding by authorities, damaging stereotypes about the nature of sexual violence, adversarial nature of the criminal justice system, lack of support to navigate the system or deal with the harm from the event, and the inability of the system to meet the needs of some groups.
Māori, Pacific peoples, migrant and refugee communities, and members of the Rainbow (LGBTQI+) communities, and disability communities often did not experience appropriate responses or support.
Next steps
In his foreword to the report, Te Uepū Chair Chester Burrows writes:
"To recognise the need in this area and do nothing is unintelligent, uncivilised and unfathomable. Encouragingly, it seems an increasing number of people are willing to step up and meet the challenges. The system does not lack examples of innovation and success, but these need to become the norm, and this will take time."
Te Uepū Group will now develop recommendations to present to the Government in their final report.
For more information see the Hāpaitia te Oranga Tangata Safe and Effective Justice website: https://safeandeffectivejustice.govt.nz.
Background information
See our previous stories:
Justice reform survey open for victims/survivors of crime
Criminal Justice Advisory Group public meetings; related research and reports
Summit and new advisory group to focus on criminal justice reform
Related media
The missing Māori inside the agency that investigates police misconduct, The Spinoff, 17.06.2019
This is where we draw the line, Newsroom, 14.06.2019
Mātauranga Māori needed for justice reform, Waatea News, 13.06.2019
Restoration, not punishment, is key to criminal justice reform for Māori, The Spinoff, 12.06.2019
Iwi need to lead justice reform, Waatea News, 12.06.2019
Political consensus crucial to justice reform, Waatea News, 10.06.2019
Māori-led justice initiatives for Māori essential - advisor, Radio NZ, 10.06.2019
Damning justice report makes case for change, Newsroom, 10.06.2019
Evidence backs justice reform, Waatea News, 10.06.2019
Rangatahi justice approach reducing offending, Waatea News, 10.06.2019
New Zealanders want a better justice system, Beehive Press Release, 09.06.2019
Poor treatment of crime victims, Māori exposed in justice report, Radio NZ, 09.06.2019
The Ministry of Social Development's (MSD) latest email update for family violence and sexual violence service providers covers a number of areas of work.
You can view the updates online and subscribe to receive them to your inbox.
The June 2019 update includes:
- Next steps related to allocation of new funding for sexual violence services
- Next stage in designing the Whānau Resilience services - regional presentations underway
- Invitation to apply for Pouwhakataki/Community Connectors (previously known as Kairaranga) roles now on GETS (deadline to apply 13 June 2019)
- Fernhill analysis of sexual violence services completed, summary of recommendations
- Findings related to exploring gap in sexual violence post-crisis care and recovery (see the Rapid Evidence Review)
- Next phase of changes to Family Violence Acts
- Child and family research funding available for policy-relevant research projects that explore and analyse the data gathered by the Growing Up in New Zealand study
Read all past updates and sign up to receive future updates on the MSD website.
For questions about sexual violence service development email CI_Sexual_Violence_Services@msd.govt.nz and about the family violence work programme contact Family_Violence_CPP@msd.govt.nz.
Related news
See our previous story on the Government announcement about the $320 million package for family and sexual violence as part of the pre-Budget 2019 announcements.
Elder Abuse Awareness Week ran from 15-22 June 2019, starting with World Elder Abuse Awareness Day on 15 June 2019.
World Elder Abuse Awareness Day (WEAAD) was officially recognised by the United Nations General Assembly in December 2011. This was in response to a request by the International Network for the Prevention of Elder Abuse, which first started the awareness raising day in June 2006.
Age Concern New Zealand has launched an online Elder Abuse Quiz to help raise awareness about elder abuse. The brief quiz is available for free but requires registration.
Chief Executive of Age Concern New Zealand Stephanie Clare said "Some of the quiz answers may be a surprise about who are the worst perpetrators of elder abuse. Too often we see family members taking advantage of their older relatives and it needs to stop. We need to stop hiding this abuse and all take responsibility to change the way we treat and care for older Kiwis”
The Age Concern New Zealand Media Release for 2019 WEAAD includes statistics on the calls they receive in relation to elder abuse. Age Concern states 80% of alleged abusers are family members. The media release encouraged people to seek help:
"Let’s not keep it hidden. Let’s make sure that anyone who has concerns for an older person knows they can contact their local Age Concern and discuss it in confidence and free of charge. We will listen to people’s concerns, offer to assess the situation, respect the wishes of the older person affected and always make sure the safety and wellbeing of the older person is the main consideration."
In 2018, the Office for Seniors published a brief video about elder abuse that highlights different forms of abuse. Listen to a Radio NZ interview about elder abuse with Hanny Naus, an Educator on Elder Abuse and Neglect Prevention with Age Concern.
Where to go for help and support
The Elder Abuse Response Service, 0800 32 668 65 (0800 EA NOT OK), is a free national helpline providing support for older people at risk of or experiencing abuse and for people who have concerns about an older person. It is run by SuperSeniors, Ministry of Social Development.
For local support, see the list of Age Concern Elder Abuse Services and Elder Abuse and Neglect Prevention Services. Also see Age Concern's brochure, Do you have questions about the safety of an older person/Kaumātua? to find out more about their services.
Age Concern NZ has also produced a new brochure addressing financial abuse: It's Your Money and Your Choice!
Other helplines
As part of the It's not OK campaign, the 0800 Family Violence Information Line (0800 456 450) provides information and referrals to local services for people experiencing or using violence and for people who want to support others.
Safe to talk - He pai ki te kōrero is a national 24/7 helpline for people affected by 'sexual harm' and sexual violence. Contact the helpline by calling 0800 044 334, texting 4334, emailing support@safetotalk.nz or webchat on www.safetotalk.nz.
Related news
The Government has been working to develop a new ageing strategy. The draft strategy, Better Later Life – He Oranga Kaumātua 2019 to 2034, includes safety and elder abuse.
Some funding announcements were made as part of Budget 2019 addressing services for seniors including funding for upgrading and enhancing the SuperGold Card, Digital Literacy Training for seniors, and ACC changes that better support working superannuitants who are injured.
A number of international and United Nation agencies held a special event on 6 June 2019 focused on Violence Against Older Women. Some of the statements and presentation slides are available from the event.
Related media
Elder abuse 'rampant' and 'all-hidden' in New Zealand, Stuff, 18.06.2019
Age Concern Nelson Tasman shines light on 'dreadful' elder abuse, Stuff, 16.06.2019
Elder abuse epidemic in Auckland with over 600 annual cases, Stuff, 10.06.2019
Petition taken up for kaumātua commission, Waatea News, 22.02.2019
Champion for Seniors Petition Presented, Press Release: New Zealand First Party, Scoop, 19.02.2019
Shama has received seed funding to establish a national service that can respond to the specific needs of people within ethnic communities who have experienced sexual assault or rape.
Ethnic in this context refers to people living in New Zealand, who are not primarily of European, Māori or Pasifika descent.
Next steps include a national hui for ethnic community stakeholders in the sexual violence and therapeutic sectors, to be held on 24 July 2019. This event is for people of ethnic backgrounds to come together. The final session of the day will include a 'feedback' session that will be open to all interested parties including MPs, policy advisors and mainstream services.
Shama Manager, Silvana Erenchun Perez, said the recent announcement of a $320 million package from the government to better support sexual and family violence responses is welcome and much needed, but some of this funding must be directed towards groups that have been under-served in the past.
Dr Rachel Simon-Kumar, Associate Professor of Social and Community Health at Auckland University, said "The lack of research and victims coming forward is used to argue that violence doesn’t happen to ethnic women. It’s important we don’t just assume one size fits all. We need a service for ethnic communities developed from the grassroots."
Related resources
A recent report by ActionStation said government underfunding of the sexual violence sector was particularly hurting already marginalised people, including refugee and migrant communities. See: For the wellbeing of New Zealanders: An urgent call for full funding for sexual violence prevention & support services (ActionStation, 2019)
See also: Simon-Kumar, R. (2019). Ethnic perspectives on family violence in Aotearoa New Zealand. Issues Paper 14. Auckland, New Zealand: New Zealand Family Violence Clearinghouse, University of Auckland. Dr Rachel Simon-Kumar also spoke about Why Ethnic Minorities Under-Report Sexual Violence in a podcast.
Shakti Community Council is currently working on the development of an Ethnic Domestic Violence Response Framework.
Related media
Sharing a tale of tough times to help other migrant mums, RNZ, 30.09.2019
National hui called for ethnic therapists and organisers, Press Release: SHAMA, Scoop, 10.06.2019
Muslim activist honoured for promoting diversity, Radio NZ, 03.06.2019
Ethnic women's 'tireless' campaigner Anjum Rahman honoured, Stuff, 03.06.2019
Funding boost creates first sexual violence services for ethnic communities, Stuff, 22.05.2019
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