by Jess Hill
28Katherine Gregory, ‘Female domestic violence victims being punished for acting in self-defence, say advocates’, PM, ABC Radio, 6 July 2016.
29Jane Wangmann, ‘She said …’ ‘He said …’: Cross applications in NSW apprehended domestic violence order proceedings, PhD thesis, Faculty of Law, University of Sydney, 2009.
30Kathleen J. Ferraro, Neither Angels Nor Demons: Women, crime, and victimization Northeastern University Press, 2006, pp 60.
31Susan Miller, Victims as Offenders, Rutgers University Press, 2005, p. 78.
32‘Campbell, Augustina’ (pseudonym), ‘How Police Policies Allow Domestic Violence Victims to be the Ones Arrested’, blog post at brokeassstuart.com.
33Katherine S. van Wormer, ‘Women’s shelters and domestic violence services save the lives of men’, Psychology Today, December 2010.
34Michael Kimmel, ‘Gender symmetry in domestic violence’, Violence Against Women, 2002, 8(11).
8. STATE OF EMERGENCY
1AIHW, Family, Domestic and Sexual Violence in Australia.
2Brain Injury Australia, The Prevalence of Acquired Brain Injury Among Victims and Perpetrators of Family Violence, Brain Injury Australia, 2018.
3AIHW, Family, Domestic and Sexual Violence in Australia.
4Blumer, ‘Australian police’.
5Safe Steps, Safe Steps Family Violence Response Centre: A Case for Support, 2017.
6Safe Steps, Annual Report, 2016–17.
7Safe Steps, Annual Report, 2014–15.
8Naomi Selvaratnam, ‘Crisis accommodation shortage leaving migrant abuse victims worse off’, SBS News (online), 6 August 2016.
9Emily Laurence, ‘Housing NSW “re-traumatising” children fleeing violence by using unsafe crisis accommodation, frontline worker claims’, ABC News (online), 4 March 2016.
10Hannah Neale, ‘Families affected by domestic violence have limited options’, Southern Highland News, 13 March 2019.
11Shelter SA, Shelter SA Policy Position Snapshot, 2018
12Sowaibah Hanifie, ‘Domestic violence crisis housing shortage in South Australia drives victims to sleeping rough in bush’, ABC News (online), 13 June 2018.
13Council to Homeless Persons, Fact Sheet: Family violence and homelessness, 2015.
14Emma Partridge, ‘Estranged husband stabbed Leila Alavi 56 times because “she did not obey the rule of marriage”’, The Sydney Morning Herald, 18 August 2016.
15Case Review 3223, NSW Domestic Violence Death Review Team Report 2015–17.
16Heather Douglas, ‘Policing domestic and family violence’, International Journal for Crime, Justice and Social Democracy, 2019, 8(2), pp. 31–49.
17Ibid.
18Details from the inquest into Kelly Thompson’s death, conducted by the Victorian Coroner, 21 April 2016; Melissa Fyfe, ‘“I fear he may kill me”: how the system failed domestic violence victim Kelly Thompson’, Good Weekend, 4 December 2015.
19Par. 280, Inquest into Kelly Thompson’s death, conducted by the Victorian Coroner, 21 April 2016.
20Fenella Souter, ‘How AVOs Are Failing Our Most Vulnerable Women’, Marie Claire, July 2014.
21M. Segrave, D. Wilson & K. Fitz-Gibbon, ‘Policing Intimate Partner Violence in Victoria (Australia): Examining police attitudes and the potential of specialisation’, Australian and New Zealand Journal of Criminology, 2016, pp. 1–18.
22Ibid.
23Victoria Police, ‘Chief Commissioner Ken Lay speaks at the Royal Women’s Hospital White Ribbon Day Breakfast’, 23 November 2012.
24Jude McCulloch et al., ‘Finally, police are taking family violence as seriously as terrorism’, The Conversation, 19 December 2017.
25Victoria Police, Policing Harm, Upholding the Right: The Victoria Police Strategy for Family Violence, Sexual Offences and Child Abuse 2018–2023, 2017.
26R.B. Felson, J.M. Ackerman & C.A. Gallagher, ‘Police intervention and the repeat of domestic assault’, Criminology, 2005, 43(3), pp. 563–88.
27Australian Domestic and Family Violence Death Review Network, Data Report 2018, May 2018.
28Elizaveta Perova & Sarah Reynolds, ‘Women’s police stations and intimate partner violence: Evidence from Brazil’, Social Science & Medicine, December 2016, 174, pp. 188–96.
29Kerry Carrington et al., The Palgrave Handbook of Criminology and the Global South, Springer, 2018, p. 836.
30Domestic Violence Law Reform, The Victim’s Voice Survey: Victim’s Experience of Domestic Violence and the Criminal Justice System, Paladin, Sara Charlton Charitable Foundation and Women’s Aid, 2014.
31Paul McGorrery & Marilyn McMahon, ‘It’s time “coercive control” was made illegal in Australia’, The Conversation, 30 April 2019.
32Ibid.
9. THROUGH THE LOOKING GLASS
1Caroline Overington ‘Child custody: One mother’s bitter lesson in sharing the kids with dad’, The Australian, 10 November 2017.
2Helen Rhoades, Reg Graycar & Margaret Harrison, ‘The Family Law Reform Act 1995: The first three years’, Australian Family Lawyer: The Journal of the Family Law Section of the Law Council of Australia, 2001, 15(1), pp. 1–8; H. Rhoades, ‘The dangers of shared care legislation: Why Australia needs (yet more) family law reform’, Federal Law Review, 2008, 36(3); R. Field et al., ‘Family reports and family violence in Australian family law proceedings: What do we know?’ Journal of Judicial Administration, 2016, 25(4), pp. 212–36; L. Laing, No Way to Live: Women’s Experiences of negotiating the family law system in the context of domestic violence, New South Wales Health, University of Sydney and Benevolent Society, 2010; D. Bagshaw et al., ‘Family violence and family law in Australia: The experiences and views of children and adults from families who separated post-1995 and post-2006’, Family Matters, 2011, 8, pp. 49–61.
3Witness statement of Kelsey Lee Hegarty, Royal Commission into Family Violence, August 2015.
4Rae Kaspiew, ‘Separated parents and the family law system: What does the evidence say?’ Australia Institute of Family Studies, 2016.
5Ibid.
6K. Webster et al., Australians’ attitudes to violence against women and gender equality: Findings from the 2017 National Community Attitudes towards Violence against Women Survey (NCAS), Research report, 03/2018, Sydney, NSW: ANROWS, 2018.
7Nico Trocmé et al., Canadian Incidence Study of Reported Child Abuse and Neglect, final report Canadian Incidence Study of Reported Child Abuse and Neglect, National Clearinghouse on Family Violence, Ottawa: Health Canada, 2001.
8Nico Trocmé & Nicholas Bala, ‘False allegations of abuse and neglect when parents separate’, Child Abuse & Neglect, 2005, 29, pp. 1333–45.
9Harriet Alexander, ‘False abuse claims are the new court weapon, retiring judge says’, The Sydney Morning Herald, 6 July 2013.
10F.M. Horwill, ‘The outcome of custody cases in the Family Court of Australia’, Family and Conciliation Courts Review, 1979, 17(2), pp. 31–40.
11Colin James, Winners and Losers: The father factor in Australian child custody law, Australia and New Zealand Law and History Society E-Journal, 2005, citing the following papers: F.M. Horwill & Bordow, The Outcome of Defended Custody Cases in the Family Court of Australia, Research Report No. 4, Sydney: Family Court of Australia, 1983. In the United States: P.M. Doyle and W.A. Caron, ‘Contested custody intervention: An empirical assessment’ in D.H. Olson et al. (eds) Child Custody: Literature Review and Alternative Approaches, St Paul, MN: Hennepin County Domestic Relations Division, 1979; Weitzman and Dixon, ‘Child custody awards: Legal standards and empirical patterns for child custody, support and visitation after divorce’, 1979, 12 UC Davis L Rev 473; in the United Kingdom: J. Eekelaar and Clive, with K. Clarke & S. Raikes, Custody after Divorce: The disposition of custody in divorce cases in Great Britain, 1977, Oxford, Centre for Socio-Legal Studies, 1977; S. Maidment, Child Custody: What chance for fathers? London: National Council for One Parent Families, 1981.
12The Sydney Morning Herald, 5 July 1984, as cited in Colin James,
‘Media, men and violence in Australian divorce’, Alternative Law Journal, 2006, 31(1).
13‘Family courts – Too much of a revolution?’ The Bulletin, 17 July 1984, cited in James, ‘Media, men and violence’.
14The Sydney Morning Herald, 9 July 1984, cited in James, ‘Media, men and violence’.
15Helen Rhoades, ‘Posing as reform: The case of the Family Law Reform Act’, Australian Journal of Family Law, 2000, 14(2), pp. 142, 156.
16Family Law Reform Act 1995, No. 167, 1995, s. 68K
17Rhoades, Graycar & Harrison, ‘The Family Law Reform Act 1995’.
18Murphy & Murphy (2007), pp. 84–6.
19Public testimony of Helen Matthews, Principal Lawyer, Women’s Legal Service Victoria, Royal Commission into Family Violence, Melbourne, 2015.
20Kirsty Forsdike et al., ‘Exploring Australian psychiatrists’ and psychiatric trainees’ knowledge, attitudes and preparedness in responding to adults experiencing domestic violence’, Australasian Psychiatry, February 2019, 27(1), 64–8.
21Dale Bagshaw et al., ‘The effect of family violence on post-separation parenting arrangements: The experiences and views of children and adults from families who separated post-1995 and post-2006’, Family Matters, March 2011, 86, pp. 49–61.
22Waleed Aly, ‘Shared parenting more a mirage than a breakthrough’, The Age, January 2006.
23Richard Chisholm, Family Courts Violence Review, 27 November 2009.
24John Philip Jenkins, ‘Child abuse’ entry, Encyclopaedia Brittanica (online).
25Before the age of fifteen, 12 per cent (956,600) of women had been sexually abused compared to 4.5 per cent (337,400) of men. Australian Bureau of Statistics 4906.0 – Personal Safety, Australia, 2005, Canberra: ABS, 2006.
26Richard A. Gardner, True and False Accusations of Child Sex Abuse, Creative Therapeutics, 1992.
27Ibid., pp. 594–5.
28Ibid., p. 549.
29Ibid., pp. 576–7.
30Ibid., p. 592–4.
31William Bernet and Amy J. L. Baker, ‘Parental alienation, DSM-5, and ICD-11: Response to critics’, Journal of the American Academy of Psychiatry and the Law (online), March 2013, 41(1), pp. 98–104.
32In 2008, Brisbane clinical psychologist William Wrigley was reprimanded by the Queensland Psychology Board for referencing PAS in evidence to the Family Court. As reported in ‘Ruling debunks custody diagnosis’, The Australian, 7 April 2008: ‘An investigation found that Dr Wrigley’s evidence three years ago, which had led to a mother losing custody of her two children, constituted “professional conduct that demonstrates incompetence or a lack of adequate knowledge, skill, judgment or care”.’
33Independent Children’s Lawyer & Rowe and Anor [2014] FamCA 859, 8 October 2014.
34Paragraphs 38 and 39, Dec 2014 judgement.
35S. Jeffries, R. Field, H. Menih & Z. Rathus, ‘Good evidence, safe outcomes in parenting matters involving domestic violence? Understanding family report writing practice from the perspective of professionals working in the family law system’ UNSW Law Journal, 2016, 39(4), p. 1355.
36‘In Australia, Brown et al. (2003) re-examined the 100 cases of the Magellan Project (a quarter of them substantiated by a Child Protection Agency report) and found that allegations of abuse had been found to be false in only 11 cases. Mothers had made allegations twice as often as fathers (48 per cent vs 21 per cent). While two-thirds of allegations by mothers (thirty-two cases of forty-eight) were substantiated, only one-third (seven cases of twenty-one) of allegations by fathers were substantiated. In only one case was the allegation made by the child and this case was substantiated. In most of the substantiated cases (thirty-two cases or 63 per cent), the father was the perpetrator. Most of the other substantiated cases (16 or 31 per cent) were other family members, but these did not include any mothers. The eleven cases where allegations were found to be false were fairly evenly divided between allegations by mothers (five) and allegations by fathers (six), but it was also noted that in most of these cases the alleging parent was receiving treatment for serious mental illness and/or had a history of being sexual abused as children themselves.’ Matthew Myers, ‘Towards a safer and more consistent approach to allegations of child sexual abuse in family law proceedings – expert panels and guidelines’, paper given at the World Congress on Family Law and Children’s Rights, Sydney, March 2013.
37E.F. Loftus & J.E. Pickrell, ‘The formation of false memories’, Psychiatric Annals, 1995, 25(12), pp. 720–5.
38Jess Hill, ‘In the child’s best interests’, Background Briefing, ABC Radio National, 14 June 2015.
39Myers, ‘Towards a safer and more consistent approach’.
40Jane Lee, ‘Rosie Batty to launch Family Court campaign to help family violence survivors’, The Sydney Morning Herald, 4 May 2016; Louisa Rebgetz, ‘Bravehearts call for royal commission into “dysfunctional” family law system’, ABC News (online), 20 June 2016.
41‘A royal commission into Australia’s Family Law System is needed’, letter to federal politicians and signatories, Bravehearts
42John Pascoe, State of the Nation speech at the 18th National Family Law Conference, Brisbane Exhibition Centre, 3 October 2018.
10. DADIRRI
1M. Lucashenko, ‘Violence against Indigenous women: Public and private dimensions’, Violence Against Women, 1996, 2(4), pp. 378–90.
2Angela Spinney, ‘FactCheck Q&A: are Indigenous women 34–80 times more likely than average to experience violence?’ The Conversation, 4 July 2016.
3Our Watch, Australia’s National Research Organisation for Women’s Safety (ANROWS) and VicHealth, Change the Story: A shared framework for the primary prevention of violence against women and their children in Australia, Melbourne, Australia: Our Watch, 2015.
4Quoted in Laura Murphy-Oates, ‘Vanished: Lost voices of our sisters’, Dateline/The Feed (no date).
5Queensland Premier’s Special Taskforce on Domestic and Family Violence, Our Journal: A Collection of Personal Thoughts about Domestic Violence, 2015.
6N. Biddle, Indigenous and Non-Indigenous Marriage Partnerships, CAEPR Indigenous Population Project 2011 Census Papers 15, Centre for Aboriginal Economic Policy Research, Australian National University, 2013.
7Royal Commission into Family Violence, Victoria, Community consultation, Melbourne, 7 July 2015.
8Inquest into the death of Sasha Loreen Napaljarri Green [2018] NTLC 016.
9Inquest into the deaths of Wendy Murphy and Natalie McCormack [2016] NTLC 024
10Martin Hodgson, ‘Ep 51: From Inside The Community’, Curtain: The Podcast, 29 March 2018.
11Calla Wahlquist, ‘Aboriginal woman jailed for unpaid fines after call to police’, The Guardian, 29 September 2017.
12Amy Simmons, ‘“Over-policing to blame” for Indigenous prison rates’, ABC News (online), 25 June 2009.
13Quote provided by family lawyer George Newhouse.
14IAU interview Connor, 23 October 2014, audio, from: Report on the Response of WA Police to a Particular Incident of Domestic Violence on 19-20 March 2013. Corruption and Crime Commission. 21 April 2016, pars. 56–9.
15Ibid., pars 63–4.
16Ibid., par. 88.
17Ibid., par. 97.
18Ibid., par. 96.
19Ibid.
20Ibid., par. 91.
21Ibid., pars 106–8.
22Ibid., pars 116–19.
23Ibid.
24Mullaley Family, media statement, 8 June 2016.
25Natassia Chrysanthos,, ‘“I haven’t been right since”: Mother of murdered baby makes discrimination complaint’, The Sydney Morning Herald, 15 April 2019.
26Judy Atkinson, ‘Stinkin’ thinkin”, 1991, cited in Hannah McGlade, Our Greatest Challenge: Aboriginal Children and Human Rights (online), Canberra, ACT: Aboriginal Studies Press, 2012.
27McGlade, Our Greatest Challenge.
28Damien Carrick, ‘Customary Law and Sentencing + SPAM’, The Law Report, ABC Radio National, 22 October 200
2.
29Louis Nowra, ‘Culture of Denial’, The Australian Literary Review, March 2007.
30Atkinson, Trauma Trails, p. 41.
31Robert Hughes, The Fatal Shore: A history of the transportation of convicts to Australia, 1787–1868, Random House, 2010 (1987), p. 24.
32Liz Conor, Skin Deep: Settler impressions of Aboriginal women, Crawley, WA: UWA Publishing, 2016.
33Zoe Holman, Skin Deep: Reproducing aboriginal women in colonial Australia, an interview with Liz Conor. Open Democracy, February 2017.
34Phyllis Kaberry, Aboriginal Woman Sacred and Profane, Routledge, 2005.
35A.P. Elkin, Introduction to Kaberry, quoted in Robert Manne, ‘The lost enchanted world’, The Monthly, June 2007.
36Kaberry, Aboriginal Woman, pp. 142–3.
37Jerry D. Moore. Visions of Culture: An annotated reader, Rowman & Littlefield, 2018.
38Judy Atkinson, Trauma Trails, p. 36.
39Marcia Langton,. Ending the Violence in Indigenous Communities, National Press Club Address, November 2016.
40Quoted in Lisa Surridge, Bleak Houses: Marital violence in Victorian fiction, Ohio University Press, 2005, p. 5.
41Neil Shaw, ‘The Devon judge and his “rule of thumb” on beating your wife’, Devon Live, 3 November 2017.
42Frances Power Cobbe, ‘Wife-torture in England’, Contemporary Review, 1878.
43Atkinson, Trauma Trails, p. 40
44David McKnight, Of Marriage, Violence and Sorcery: The quest for power in northern Queensland, Routledge, 2016.
45W.E.H. Stanner, The Dreaming and Other Essays, Black Inc., January 2011, p. 66.
46Hughes, The Fatal Shore, p. 261.
47Henry Reynolds, With the White People, Penguin, 1990, p. 75.
48Henry Reynolds, The Other Side of the Frontier: Aboriginal resistance to the European invasion of Australia, UNSW Press, 2006, p. 174.
49Germaine Greer, On Rage, Carlton: Melbourne University Press, 2018.
50Jackie Huggins, et al. ‘Letter to the Editors’, Women’s Studies International Forum, 1991, 1(5), pp. 505–13.
51Hannah McGlade, Our Greatest Challenge: Aboriginal Children and Human Rights Canberra, ACT: Aboriginal Studies Press, 2012.