NSW Domestic Violence Justice Strategy

NSW DOMESTIC VIOLENCE JUSTICE STRATEGY - 2014/15 BULLETIN 2

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Justice

NSW Domestic Violence Justice Strategy

Improving the NSW Criminal Justice System’s Response to Domestic Violence 2013-2017

2014/15 BULLETIN 2


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TABLE OF CONTENTS

1. Introduction ................................................................................................................................................. 3

2. How we’ve improved the justice response to domestic violence................................................................... 4

3. Snapshot of domestic violence in NSW ....................................................................................................... 6

Domestic violence related incidents ............................................................................................................. 6

Domestic violence related incidents by crime type ....................................................................................... 7

Persons of interest and charges ................................................................................................................... 7

Apprehended Domestic Violence Orders (ADVOs) ....................................................................................... 8

4. Progress against justice outcomes ............................................................................................................. 10

1: Victims’ safety is secured immediately and the risk of further violence is reduced ................................... 10

2: Victims have confidence in the justice system and are empowered to participate ....................................11

3: Victims have the support they need........................................................................................................12

4: The court process for domestic violence matters is efficient, fair and accessible ..................................... 14

5: Abusive behavior is stopped and perpetrators are held to account ......................................................... 15

6: Perpetrators change their behavior and re-offending is reduced or eliminated .........................................17

5. Conclusion and priorities for 2015-16 ........................................................................................................ 19

GLOSSARY OF ACRONYMS & ABBREVIATIONS

ADVO Apprehended Domestic Violence Order

DV Domestic violence

DVJS Domestic Violence Justice Strategy

MBCPs Men’s behaviour change programs

POI Person of interest

Safer Pathway ‘It Stops Here: Safer Pathway’

STMP Suspect targeting management plan

Victims Services NSW Department of Justice Victims Services Branch

WDVCAS Women’s Domestic Violence Court Advocacy Service


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1. INTRODUCTION

The NSW Domestic Violence Justice Strategy1 (DVJS) is an operational framework designed to make victims safer, hold perpetrators accountable and prevent domestic and family violence from reoccurring. It outlines the approaches and standards agencies in NSW have adopted to improve the criminal justice system’s response to domestic violence.

Agencies involved in the DVJS include the NSW Department of Justice (including Victims Services and Corrective Services NSW), NSW Police Force, Legal Aid NSW (Criminal Law Division and Women’s Domestic Violence Court Advocacy Program), the NSW Department of Family and Community Services, Women NSW, the NSW Ministry of Health, the Judicial Commission of NSW and the Chief Magistrate’s Office NSW.

The DVJS was launched in 2012 and contains six clearly defined justice outcomes for victims and perpetrators:

1. Victims’ safety is secured immediately and the risk of further violence is reduced.

2. Victims have confidence in the justice system and are empowered to participate.

3. Victims have the support they need.

4. The court process for domestic violence matters is efficient, fair and accessible.

5. Abusive behaviour is stopped and perpetrators are held to account.

6. Perpetrators change their behaviour and re-offending is reduced or eliminated.

This report details the DVJS’s numerous achievements in 2014-15, provides a brief snapshot of domestic violence data in NSW in 2014 and highlights the progress made against each justice outcome. The report concludes with a brief summary of the DVJS priorities for 2015-16.

The DVJS is overseen by an interagency Senior Executive Committee whose members include representatives of the key justice and human service agencies in NSW involved in its implementation. The committee meets quarterly to monitor the implementation of reforms, review all standards of service, and ensure continuous improvement in agencies’ performance across the justice system.

1 http://www.crimeprevention.nsw.gov.au/domesticviolence/

Documents/domestic-violence/DVJS.pdf

http://www.crimeprevention.nsw.gov.au/domesticviolence/Documents/domestic-violence/DVJS.pdf

http://www.crimeprevention.nsw.gov.au/domesticviolence/Documents/domestic-violence/DVJS.pdf


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2. HOW WE HAVE IMPROVED THE JUSTICE RESPONSE TO DOMESTIC VIOLENCE

In 2014-15 a number of policy and legislative reforms were implemented to improve the criminal justice response to domestic violence. Together with the ongoing implementation of improved standards of practice under the DVJS, these improvements mean NSW has:

Reduced the pressure on domestic violence victims in court. In an Australian first, we changed the law from 1 June 2015 to allow victims to give their evidence in chief by way of a prior recorded video or audio statement in court proceedings for domestic violence offences. This aims to increase early guilty pleas. Where matters proceed to court, it means victims spend significantly less time reliving their trauma in court and are less pressured by offenders to change their story or withdraw from proceedings at a later time.

Increased victims’ immediate safety at the scene of a domestic violence incident. We introduced legislation to allow senior police to approve provisional Apprehended Domestic Violence Orders (ADVOs), and to direct and detain defendants for the purpose of serving the order swiftly after the incident. This reform, which commenced on 27 May 2014, allows victims and their children to remain safely in their home after an incident while the defendant is removed from the scene.

Improved the coordination of support to victims. We changed the law so that since 1 September 2014 government agencies and non-government services can share information to prevent and reduce serious threats to the life, health or safety of victims and their children. These reforms also enable information to be shared to facilitate victims’ access to domestic violence support services, without victims having to retell their story multiple times.

Improved policing and prosecution practices. We introduced strategies to improve police practice, including: legal action targets so that police take action wherever there is sufficient evidence of a crime to ensure victim safety; proactively investigating alleged breaches of ADVOs; specialist police training to improve evidence collection; specialist domestic violence training for Domestic Violence Liaison Officers and police prosecutors; serving mini briefs on defendants at first mention to encourage early guilty pleas; and monitoring repeat offenders to reduce re-offending.


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Reduced the time taken to finalise domestic violence matters. We introduced specialist domestic violence list days in Local Courts across NSW to help standardise procedures and ensure there is better coordination and communication between services at court. Local Court Practice Notes have been introduced to improve court efficiency by setting time frames for proceedings in criminal matters and for ADVOs, to ensure matters and applications are dealt with efficiently or a hearing occurs as promptly as possible.

Increased victims safety and support. We introduced strategies to: refer victims immediately to support services across NSW when police attend a domestic violence incident; provide information, support and advocacy at court mentions and hearings; and ensure greater access to counselling and financial assistance. We also introduced a coordinated interagency risk identification, management and safety-planning framework through ‘It Stops Here: Safer Pathway’. These reforms commenced at Orange and Waverley in September 2014, and were rolled out to Bankstown, Parramatta, Broken Hill and Tweed Heads on 1 July 2015. Safer Pathway will be rolled out to 28 locations across NSW over the next three to five years.

Improved offender interventions to reduce re-offending. We have improved interventions with offenders. Defendants who are charged or given an ADVO are provided with information about legal services. Eligible defendants are referred to a case manager and treatment where available. Suitable high to medium risk offenders can access the Explore, Question, Understand, Investigate, Practise, Succeed (EQUIPS) Domestic Abuse Program, a men’s behaviour change program provided to offenders in custody and under community supervision by Corrective Services NSW.


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3. SNAPSHOT OF DOMESTIC VIOLENCE IN NSW

In 2014, there were:

• 31,899 victims of domestic violence related assault, up from 28,161 in 2013.

• 43,336 domestic violence related incidents, up from 41,856 in 2013.

• 43,814 charges against persons of interest, up from 39,965 in 2013.

• 22,726 persons of interest for domestic violence offences, up from 21,480 in 2013.

• 26,543 ADVOs granted in NSW Local Courts, up from 25,523 in 2013.

Source: NSW Bureau of Crime Statistics and Research (sr15-12943; 15-90003; sr15-12766).

These figures reflect increases in line with pre-existing trends in the number of recorded domestic violence incidents, victims, charges, persons of interest and ADVOs granted in NSW in 2014.

Domestic violence is a crime that is significantly underreported, and so short-term increases in these figures are expected, particularly with increasing public awareness of domestic violence, public education campaigns and a more proactive policing response in NSW.

Domestic violence related incidents

There were 43,336 domestic violence related incidents2 recorded in 2014, up from 41,856 in 2013. The two year trend is stable.

Figure 1 presents officially recorded incidents of domestic violence in NSW by quarter for both 2013 and 2014. A seasonal pattern is evident with peaks in the warmer months of the year, corresponding to times when people are spending more time together (on leave from work and school holidays), and there is increased consumption of alcohol and financial stress following the festive period.

2 Includes DV related homicide, assault, sexual offences, abduction and harassment offences.

Figure 1: DV related incidents recorded by NSW Police Force, 2013 and 2014.

Source: NSW Bureau of Crime Statistics and Research (15-12765). DV

related incidents include homicide, assault, sexual offences, harassment and

abduction.


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Domestic violence related incidents by crime type

Similarly to 2013, assault and harassment continued to make up the majority of domestic violence related incidents in 2014, as shown in Figure 2 (below).

In 2014, assault comprised 67% of domestic violence related incidents, harassment 29%, with sexual offences, homicide and abduction making up the remaining 4% of domestic violence related incidents.

1 in 3 domestic violence related assaults were flagged as alcohol related by police.

Figure 2: DV-related incidents by crime type, 2014

Source: NSW Bureau of Crime Statistics and Research (sr15-12943).

Homicide includes murder, attempted murder, murder accessory/

conspiracy and manslaughter. Sexual offences include sexual assault,

indecent assault and acts of indecency.

Persons of interest and charges

In 2014, there were increases in the number of persons of interest (POI) and charges related to domestic violence offences, which may have been influenced by increased reporting and proactive policing.

Persons of Interest 22,726 POI were charged with domestic violence offences in 2014, up from 21,480 in 2013.

Offenders are generally male The proportion of offenders who were male in both 2013 and 2014 was 84%.

Charges 43,814 charges against POI were recorded in 2014, up from 39,965 in 2013.

Figure 3: Offenders, by gender, 2014 Source: NSW Bureau of Crime Statistics and Research 15-12765.


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Apprehended Domestic Violence Orders

Apprehended Domestic Violence Orders (ADVOs) continue to be issued to protect victims from future violence.

In line with trends in previous years, there was a steady increase in ADVOs issued throughout 2014, as shown in Figure 4 below.

Figure 4: ADVOs granted in NSW Local Courts, by quarter, 2013 and 2014.

Source: NSW Bureau of Crime Statistics and Research sr15-12766.


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The NSW rate for ADVOs granted increased to 358.2 per 100,000 population in 2014, up from 344.4 in 2013. Rates for each region are presented in Table 1.

Table 1: ADVOs granted in NSW Local Courts by rate per 100,000 population and region.

Source: NSW Bureau of Crime Statistics and Research – ADVOs – NSW Local Courts 2014.

2014 Region (non-metropolitan) 2013 2014

Capital Region 358.4 403.1

Central Coast 320.0 347.7

Central West 524.5 557.2

Coffs Harbour/Grafton 489.3 453.2

Far West/Orana 995.1 1033.7

Hunter Valley 445.0 472.7

Illawarra 313.5 320.3

Mid North Coast 538.1 540.5

Murray 507.5 470.0

New England/North West 626.3 671.7

Newcastle/Lake Macquarie 380.9 355.7

Richmond-Tweed 425.9 446.7

Riverina 638.4 673.5

Southern Highlands and Shoalhaven 393.2 368.3

2014 Region (metropolitan) 2013 2014

Baulkham Hills/Hawkesbury 113.8 120.0

Blacktown 442.0 450.6

City and Inner South 271.9 280.4

Eastern Suburbs 155.0 162.6

Inner South West 246.4 262.4

Inner West 174.7 177.1

North Sydney/Hornsby 83.8 86.5

Northern Beaches 103.9 135.6

Outer South West 415.6 430.7

Outer West/Blue Mountains 356.0 387.8

Parramatta 301.3 301.0

Ryde 107.3 109.0

South West 350.3 389.5

Sutherland 166.7 177.5


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4. JUSTICE OUTCOMES

To track progress towards benchmarks under the DVJS, this bulletin provides data showing an overview of agencies’ performance against the DVJS’s six justice outcomes.

JUSTICE OUTCOME 1: Victims’ safety is secured immediately and the risk of further violence is reduced.

In line with the intent of the DVJS, police proactively investigated domestic violence incidents and took legal action where possible to ensure victim safety. For example, 17,817 of 29,070 domestic violence related assault incidents were proceeded against to court (61%). It is important to note that this figure is also impacted by the strength of evidence and victims’ willingness to proceed in each matter.

In May 2014, NSW also implemented reforms to enable a swifter police response to reports of domestic violence that improve victims’ immediate safety. Senior police (at the rank of sergeant or above) in NSW now have the power to approve provisional ADVOs, ensuring an ADVO can be served on a defendant immediately after an incident is reported. Police also have the power to direct a defendant to leave the scene in order to serve the order. For example, they can direct them to attend a police station. They also have the power to detain the defendant if they refuse to comply with the direction. This ensures the immediate safety and protection of victims (and other family members) following an incident. It also means the victim can stay safely at home as defendants are removed from the scene.

Victims are now automatically referred to support services

From 1 July 2015, NSW has a system of early automatic referral of victims to support services when victims first come into contact with a justice agency. This means that when police attend a domestic violence incident, or where a victim approaches a local court to seek an ADVO, anywhere in NSW, those victims are referred to a domestic violence support service.

All female victims are referred to a local Women’s Domestic Violence Court Advocacy Service (WDVCAS), and where no WDVCAS is available and for all male victims, the referral is made to the NSW Department of Justice Victims Services.

Victims at serious threat receive a coordinated interagency response

Safer Pathway was launched in Orange and Waverley in September 2014 as part of the NSW Government’s It Stops Here Domestic and Family Violence Framework for Reform. In July 2015, Safer Pathway was rolled out to four additional sites at Parramatta, Bankstown, Broken Hill and Tweed Heads. Safer Pathway aims to provide a consistent and effective system response to domestic violence through improved risk identification and management, and proactive service coordination for victims who reach out or come into contact with justice agencies and service providers, with a focus on victims at serious threat.


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Safer Pathway introduced an evidence based risk assessment tool known as the Domestic Violence Safety Assessment Tool (DVSAT). The DVSAT provides a common approach to assess the level of threat to victims of domestic violence; victims are assessed as being at threat or at serious threat. All victims are offered domestic violence support services. Victims at serious threat are prioritised and additionally referred to Safety Action Meetings where a range of health, welfare, justice and other government agencies and non-government support services meet fortnightly to develop and implement individually tailored Safety Action Plans.

Between 15 September 2014 and 1 July 2015, 4,616 victims were referred to the Safer Pathway sites at Orange and Waverley. Of these, 993 (21%) were assessed as at serious threat and referred to a Safety Action Meeting.

JUSTICE OUTCOME 2: Victims have confidence in the justice system and are empowered to participate.

To assess whether victims have confidence in the justice system and are empowered to participate, data showing the outcome of domestic violence related charges is being captured over time to monitor trends in conviction rates and in the proportion of matters that are dismissed. Data on re-victimisation is also monitored.

Sixty three per cent of domestic violence charges were proven in court in 2014

Data showing the outcome of finalised domestic violence charges in 2013 and 2014 is presented in Table 2. The proportion of offences proven rose one per cent in 2014 to 63%. Similar to 2013, approximately one-third of domestic violence charges were dismissed in court in 2014.

Table 2: Charge outcomes for finalised domestic violence charges, 2013 and 2014.

Charge Outcome 2013 2014

Number % Number %

Offence proven* 20,973 62 23,496 63

Defendant convicted in absence 793 2 890 2

Dismissed: after hearing 3,038 9 3,053 8

Dismissed: no evidence offered 7,811 23 8,540 23

Dismissed: mental health 1,023 3 1,302 3

Other** 64 1 121 1

Total 33,702 100 37,402 100

Source: NSW Bureau of Crime Statistics and Research sr15-12764. The data in the table shows the number of DV related charges finalised in NSW

Local Courts. It does not provide data on the number of persons charged with these offences.

* Offence proven includes all charges finalised by a plea of guilt or by a guilty finding at a defended hearing where the defendant was present.

** ‘Other’ includes the following outcomes: dismissed: death of defendant: dismissed: stood out of list; adjourned generally; adjourned to Adult Drug

Court; and, taken into account when sentencing on principal offence.


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The risk of further violence: re-victimisation within 12 months

The number of victims reporting re-victimisation within 12 months increased from 14% in 2012 to 17% in 2013, as shown in Table 3. It is not known whether this is due to victims’ increased willingness to report, which in turn may be due to their increased confidence in the justice system, or whether it represents an actual increase in re-victimisation.

Table 3: Victims of DV-related assault re-victimised within 12 months.

Source: NSW Bureau of Crime Statistics and Research (Dg15-12763).

Subsequent DV assault within 12 months

2012

Number %

2013

Number %

No 21,827 86 22,170 83

Yes 4,397 14 4,543 17

Total distinct victims 26,224 100 26,713 100

JUSTICE OUTCOME 3: Victims have the support they need.

Court support and advocacy is provided to many victims

WDVCASs are locally-based, independent services for women and children seeking help and information about how to get protection from the court from domestic violence. They provide a number of services, including support at court hearings and referrals to other services to assist with safe housing, income support and counselling.

There are 28 WDVCASs across NSW providing services to victims at 114 Local Courts. In 2014, the number of clients assisted and service events provided by WDVCAS increased, with service events increasing by 25% as shown in Table 4 below.

Table 4: Number of domestic violence victims supported

by Women’s Domestic Violence Court Advocacy Program,

January 2013 to December 2014

Source: Women’s Domestic Violence Court Advocacy Program, NSW

Legal Aid

Women’s Domestic Violence Court Advocacy Service 2013 2014

Total clients assisted 21,319 22,116

Total service events provided 80,228 100,557

With automatic referral from police and local courts in operation since 1 July 2015, it is expected that the number of clients assisted will increase significantly. The reforms should also mean victims receive earlier and more consistent access to support services across NSW.

Victims can quickly access counselling

In the nine months between April and December 2014, 2,712 victims accessed counselling through the Victims Services Counselling Service, compared to 2,280 in the corresponding nine months of 2013. Victims are increasingly accessing the scheme: the average number of victims accessing counselling each month has increased from 249 to 301 during this time.


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Figure 5: Domestic violence victims accessing counselling,

January 2013 to December 2014.

Source: NSW Department of Justice Victims Services. Note data is

missing for Jan-Mar 2014 due to the implementation of a new data

collection method.

Ninety one per cent of counselling applications received between April and December 2014 were processed within 2 working days.

Table 5: Percentage of counselling applications for domestic

violence victims processed within 2 working days.

Source: NSW Department of Justice Victims Services. Note data is

missing for Jan-Mar 2014 due to the implementation of a new data

collection method.

Quarter 2013 2014

Jan – Mar 99.7% -

Apr – Jun 99.3% 93.5%

Jul – Sep 94.3% 91.4%

Oct – Dec 86.6% 91.9%

For the 2014-15 financial year, NSW Department of Justice Victims Services approved 3,375 domestic violence recognition applications and 583 domestic violence financial assistance applications.


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JUSTICE OUTCOME 4: The court process for domestic violence matters is efficient, fair and accessible.

Domestic violence matters are being processed more efficiently

Work continues to be done to reduce delays in courts:

• Local Court Practice Notes specify timeframes for domestic violence matters.

• Preliminary analysis of court data indicates the ADVO reforms that allow senior police to approve provisional ADVOs have led to a reduction in court times for those matters.

• It is anticipated that the domestic violence evidence in chief reforms will increase the proportion of early guilty pleas in those matters, which may also reduce court times.

Figure 6 shows the median duration (in days) from first court appearance to the date of determination for domestic violence related charges from 2009 to 2014. In 2009 the median duration was 65 days; by 2013 and 2014 this was reduced to 54 days.

Figure 6: Median duration (in days) from first appearance

to date of determination for DV charges, 2009-2013.

Source: NSW Bureau of Crime Statistics and Research

15-12765.


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Pre-recorded statements help ensure victims’ experiences in court are less traumatic

On 1 June 2015 NSW became the first Australian state to change the law to allow domestic violence victims to give their evidence in chief in court proceedings by way of a pre-recorded video or audio statement. Victims still need to make themselves available for cross-examination and may, in some cases, be required to provide additional evidence by way of a formal statement.

These reforms will encourage greater victim participation in the criminal justice process. The recordings provide strong, contemporaneous evidence of the demeanour of the complainant and it is anticipated that the recordings will lead to an increase in guilty pleas once the defendant is faced with a visual recollection of the incident. Furthermore, where matters proceed to court, it reduces the risk of a victim being re-traumatised, changing their evidence in the witness box or withdrawing from the court process.

JUSTICE OUTCOME 5: Abusive behaviour is stopped and perpetrators are held to account.

Where a defendant is charged with a domestic violence criminal offence, the prosecution serves on the defendant at the first available opportunity, and not later than the first mention date, a mini brief of evidence upon which the prosecution relies. The mini brief contains the victim’s statement, fact sheet and photographs, if available. Ensuring that evidence is provided as early as possible promotes early guilty pleas, reduces the stress on victims attending court, and ensures matters are not unnecessarily listed for hearing.

More offenders are being put before court for domestic violence allegations

Sixty one per cent of offenders proceeded to court for domestic violence offences in 2014, an increase from 59% in 2013.

Table 6: Number and proportion of incidents of domestic

violence assault, by whether an offender was proceeded

against to court, 2013 and 2014.


Offender proceeded against to court

2013

No. %

2014

No. %

No 11,644 41 11,253 39

Yes 16,647 59 17,817 61

Total 28,291 100 29,070 100


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Pleading guilty remains the most common outcome for domestic violence defendants

Data showing the outcome of domestic violence charges for offenders with matters finalised in NSW Local Courts in 2013 and 2014 is provided in Table 7.

• In 2014, male defendants outnumbered female defendants at a ratio of more than 5:1.

• There is little change between 2013 and 2014 in the types of outcomes for male and female

defendants. For both genders, ‘guilty plea to all charges’ remains the most common outcome, at 54.2% for males and 51.2% for females. A further 11% of male and female defendants are found guilty of at least one charge following a hearing.

• The outcomes of appearances were similar for males and females, although in 2014 slightly more females had all charges dismissed after a defended hearing (11%) compared to males (9%).

Table 7: Local Court outcomes for persons charged with

domestic violence offences, by gender, January 2013 to

December 2014.

Source: NSW Bureau of Crime Statistics and Research 15-12765. The

data in the table is restricted to persons and to court outcomes that relate

to domestic violence charges only. Proven outcome not further described

includes persons who received a sentence but there was insufficient data

to indicate whether they had proceeded to a defended hearing or the

defendant was sentenced after entering a guilty plea.

Gender Outcome of appearance

2013 2014

Number % Number %

Male Defended hearing: all charges dismissed 1,582 9.3 1,561 8.5

Defended hearing: guilty of at least one charge 1,919 11.3 2,080 11.4

Defended hearing: other outcome 164 1.0 190 1.0

Proven outcome not further described 1,032 6.1 1,280 7.0

Convicted ex parte 545 3.2 676 3.7

All charges dismissed without hearing 2,484 14.6 2,576 14.1

Guilty plea to all charges 9,281 54.5 9,932 54.2

All charges otherwise disposed of 11 0.1 24 0.1

Total 17,018 100 18,319 100


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Gender Outcome of appearance

2013 2014

Number % Number %

Female Defended hearing: all charges dismissed 335 10.6 394 11.0

Defended hearing: guilty of at least one charge 332 10.5 377 10.5


Proven outcome not further described 177 5.6 207 5.8


All charges dismissed without hearing 471 14.9 528 14.7



Total 3,156 100 3,589 100

Male and Female combined

Defended hearing: all charges dismissed 1,917 9.5 1,955 8.9

Defended hearing: guilty of at least one charge 2,251 11.2 2,457 11.2


Proven outcome not further described 1,209 6.0 1,487 6.8


All charges dismissed without hearing 2,955 14.6 3,104 14.2



Total 20,174 100 21,908 100


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JUSTICE OUTCOME 6: Perpetrators change their behaviour and re-offending is reduced or eliminated.

To assess whether perpetrators change their behaviour and re-offending is reduced or eliminated, available data showing the number of incidents where ADVOs are breached and the number of offenders who were recorded in multiple breach incidents is monitored. Measuring re-offending and re-victimisation is challenging because increased confidence in the justice system is more likely to lead to increased reporting. Data pertaining to offenders’ participation in behaviour change programs is also monitored along with re-offending outcomes, pending availability of program data from Corrective Services NSW.

Proactive policing has contributed to more recorded ADVO breaches in 2014

In 2014 the NSW Police Force strengthened their efforts to identify and prosecute breaches of ADVOs. Coinciding with the increased number of ADVOs reported earlier is also a slight increase in breach incidents, with 12,128 incidents recorded in 2014 up from 11,692 in 2013.

Table 8: Number of recorded breaches of ADVO incidents by

type of order

Source: NSW Bureau of Crime Statistics and Research (sr14-12764).

Breach Apprehended Domestic Violence Order

2010 2011 2012 2013 2014

10,738 11,250 11,495 11,692 12,128

• The number of POI with one breach rose from 5,090 in 2013 to 5,284 in 2014, but the proportion of offenders with only one breach remained the same at 69%.

• The number of POI with three breaches rose from 485 in 2014 to 585 in 2014.

• 12 POI had 10 or more breaches. The highest number of breaches recorded by an individual POI in 2014 was 26.

Table 9: Number of POI recorded in a breach ADVO incident,

2013 and 2014.


The data in the table related to offenders (POI) recorded in breach ADVO

incidents. Legal action may or may not have been taken against a POI

in relation to each incident. In addition, this data does not indicate how

many times any single order is breached, as the incidents may relate to

multiple orders or multiple victims.

Number of breach ADVO incidents

Persons of Interest

2010 2011

1 5,090 5,284

2 1,376 1,384

3 485 585

4 218 215

5 + 232 233

Total POIs with a breach 7,401 7,701


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5. CONCLUSION AND PRIORITIES FOR 2015-2016

In its second year, the DVJS has seen some significant policy and legislative initiatives implemented. These will take time to mature but it is anticipated that they will have important impacts, particularly with regard to improving victims’ safety and confidence in the justice system and ensuring defendants are held accountable.

Agencies will continue to work closely together over the term of the DVJS. In 2015-16, a number of key policy priorities will be progressed under the DVJS and other justice initiatives. These include:

Allowing people to check whether their partner has a domestic violence history.

NSW will be the first State to pilot a domestic violence disclosure scheme. The purpose of the scheme is to allow a person who has concerns about their partner to apply to the NSW Police Force to check whether their partner has a history of domestic violence offending. The scheme will be piloted in Oxley, Shoalhaven, Sutherland and St George from early 2016.

Increasing defendant understanding of ADVOs and reducing breach rates.

NSW is adopting behavioural insights techniques to design interventions to reduce ADVO breach rates and domestic violence reoffending while ensuring that victims’ safety is not compromised. NSW will be implementing plain English personalised ADVOs state-wide in 2016. These plain English ADVOs will make it easier for perpetrators to know exactly what is required of them.

Ensuring high quality men’s behaviour change programs.

NSW introduced minimum standards for men’s domestic violence behaviour change programs in 2012 to ensure that all programs in NSW reflect good practice and are safe and effective in changing the behaviour of perpetrators of domestic violence. We will review the minimum standards in 2016.

Expanding effective interventions with higher risk offenders in the community.

NSW will expand the use of behaviour change programs for medium to high risk offenders. This commitment will empower the criminal justice system to provide greater access to treatment for domestic violence perpetrators, to encourage them to face up to their actions, attitudes and behaviours and reduce their likelihood of re-offending.

Strengthening police capacity to identify and target serious recidivist offenders.

The NSW Police Force will apply an existing methodology to more precisely identify and target serious recidivist domestic violence offenders using the Suspect Targeting Management Plan (STMP) which commenced in 2005. The methodology implements a common identification and risk assessment process and a range of approved strategies to standardise the current response.


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Improving the police response to victims.

The NSW Government will bring forward its commitment to 24 additional specialist Police Domestic Violence Liaison Officers to help strengthen the NSW Police Force response and support victims proceeding to court.

Targeting domestic violence re-offenders and investigating serious domestic violence incidents.

The NSW Police Force will introduce Domestic Violence High-Risk Offender Teams to target serious recidivist domestic violence offenders and investigate serious domestic violence matters.


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ACKNOWLEDGEMENTS

The NSW Department of Justice would like to thank members of the Senior Executive Committee and partner agencies who provided extensive advice and support throughout the year. The Senior Executive Committee comprises personnel from the NSW Department of Justice (including Victims Services and Corrective Services NSW), NSW Police Force, Legal Aid NSW (Criminal Law Division and Women’s Domestic Violence Court Advocacy Program), the NSW Department of Family and Community Services, Ministry of Health (including Women NSW), the NSW Judicial Commission and the Chief Magistrate’s Office NSW. The achievements under the DVJS reflect their individual and shared commitment to ensuring the criminal justice system in NSW provides fair, effective, coordinated and accessible responses to domestic and family violence.


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More information

The DVJS is available online at: www.crimeprevention.nsw.gov.au/domesticviolence

You can contact us at the NSW Department of Justice via: Email: [email protected] Phone: 02 8346 1333 Fax: 02 8346 1399

or write to us at: Domestic and Family Violence Unit Strategy and Policy Branch NSW Department of Justice GPO Box 31 SYDNEY NSW 2001

Copyright: © State of New South Wales through the NSW Department of Justice, NSW, Australia, 2015. You may copy, distribute, display, download and otherwise freely deal with this work for any purpose, provided that you attribute the department as the owner. However, you must obtain permission from the department if you wish to (a) charge others for access to the work (other than at cost), (b) include the work in advertising or a product for sale, or (c) modify the work.

Disclaimer: This document has been prepared by the NSW Department of Justice for general information purposes. While every care has been taken in relation to its accuracy, no warranty is given or implied. Further, recipients should obtain their own independent advice before making any decision that relies on this information.

Alternative formats notice: This report is available on the department’s website: www.justice.nsw.gov.au. For alternative formats such as Braille, audiotape, large print or computer disk, contact the Communications Unit by email: [email protected] or fax (02) 8688 9625 or TTY (telephone typewriter) (02) 8688 7733.

ISSN 978-1-922121-04-2

http://www.crimeprevention.nsw.gov.au/domesticviolence


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