Mandatory reporting of domestic and family violence

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• Mandatory reporting of domestic and family
  violence
• Natalie Bellew
• Manager
• Domestic and Family Violence Policy Team
• Email stopfamilyviolence.ths_at_nt.gov.au
• Website www.stopfamilyviolence.nt.gov.au

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Domestic and Family Violence Policy Team

• Our role
• Who we are
• Legislation
• Systems to embed reporting responsibilities
• What can you do?

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Domestic and Family Violence Policy Team

• Our role
• Whole of government responsibility for domestic
  and family violence
• Lead agency responsible for implementing
  mandatory reporting of domestic and family
  violence
• 15M over three years to implement mandatory
  reporting
• Who we are
• New team
• Family and Individual Support Services, NT
  Families and Children

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New NT Domestic Violence Legislation

• The legislation aims to make reporting domestic
  and family violence everyones responsibility
• The amendment to the Domestic and Family
  Violence Act became law in the NT on
• 12 March 2009

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What does it mean?

• Every adult in the NT over the age of 18 must
  report to the Police if they believe either
• Another person has caused, or is likely to cause,
  serious physical harm to someone whom they are in
  a domestic relationship with
• and/or
• The life or safety of another person is under
  serious or imminent threat because domestic
  violence has been, is being or is about to be,
  committed

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What is physical harm?

• Physical harm can be temporary or permanent.
• It includes
• unconsciousness,
• pain,
• disfigurement,
• infection with a disease, and
• any physical contact that a person might object
  whether or not they are aware of it at the time

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What is serious physical harm?

• Serious physical harm means any physical harm
• That endangers or is likely to endanger a
  persons life
• or
• The effects are likely to be significant and
  longstanding

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Put Simply

• If you believe someone in a domestic relationship
  has been or is about to be seriously physically
  hurt,
• AND/OR
• their life and/or safety is under serious or
  imminent threat because of domestic violence
• you must report this to Police

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Where do I report?

• Police
• 000 in case of an emergency
• 131 444 if you are concerned but it is not urgent

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Reasonable excuses

• You do not have to make a report to Police
• If you believe someone else has already made a
  report to Police
• You must still make a report to Police but can
  delay it
• If you are involved in the removal of the person
  from the situation
• If you believe that a report to Police may result
  in a serious or imminent threat to any persons
  safety

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Penalties for not reporting

• It is an offence if you hold a reasonable belief
  and do not report this to Police
• You could be fined and/or prosecuted
• The maximum fine is 22,000

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What are your protections?

• When making a report to the Police, if you are
  acting in good faith,
• you are not civilly or criminally liable
• or
• in breach of any professional code of conduct.

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Community consultation and resources

• Since March 2009, our team has met with over 2000
  staff from government and non government services
  in over 250 information sessions across the NT
• Systems and processes
• how to make a decision when to report
• how to record decisions
• organisational policy does this outline
  reporting responsibilities and processes for
  supporting staff meet their obligations
• Remote staff how can we report safely?
• Resources fact sheet, referral flowchart, FAQs,
  toolkit for service providers and case studies
  www.stopfamilyviolence.nt.gov.au

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Implications for Human Resources

• Staff who are employed in your agency will need
  to be aware of their obligations under the
  mandatory reporting legislation
• Do any work practices need updating in relation
  to responding to staff employed within your
  agency or who you might deliver services to?

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Issues to Consider

• Does your agency have a Domestic and Family
  Violence Policy?
• Does your agency explain to clients the limits of
  confidentiality and what mandatory reporting
  obligations staff have?
• Do Human Resources explain to staff the limits of
  confidentiality and what mandatory reporting
  obligations they have?

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Issues to Consider

• Is the mandatory reporting legislation included
  in staff orientation?
• Has your agency integrated domestic and family
  violence and mandatory reporting in any other
  relevant agency training programs? i.e.
  management training
• Does your agency internet and intranet provide a
  link to the www.stopfamilyviolence.nt.gov.au for
  both the public and staff to access?

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Strategies of DHF

• Developed a DHF Domestic and Family Violence
  Policy soon to be finalised
• Incorporated mandatory reporting obligations into
  DHF staff orientation across the NT
• Integrating mandatory reporting obligations into
  broader DHF training programs such as management
  and leadership training programs
• Developed a range of information resources and
  fact sheets including the Tool kit to support
  staff in responding to domestic and family
  violence and complying with the mandatory
  reporting legislation

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Resources

• Website www.stopfamilyviolence.nt.gov.au
  
• Generic Email stopfamilyviolence.ths_at_nt.gov.au
  

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Contacts

• DOMESTIC AND FAMILY VIOLENCE POLICY TEAM
• Manager
• Natalie Bellew
• Senior Policy Officers
• Sally Barker Sally.Barker_at_nt.gov.au
  PH 8924 4163
• Judith Mills judith.mills_at_nt.gov.au
  PH 8924 4164
• Mairead Kelly Mairead.kelly_at_nt.gov.au
  PH 8924 4161