The Family Violence Act of 2004 in Social Work

Overview and Background of the Social Policy Chosen

Family and domestic violence is an issue that can affect people of all races, genders, religions, sexual preferences, and income levels. Economic, physical, sexual, emotional, and psychological abuse are all examples of domestic and family violence. Domestic violence results in impaired mental and physical health, diminished productivity, worse quality of life, and, in rare circumstances, death (Heron et al., 2021). Family and domestic abuse can be hard to spot. Many incidents are not reported to medical personnel or law enforcement officials. There are many specific policies in Australia to combat this issue. However, the application and interpretation of such laws have come into question (Taylor, 2020). The law in question is the Family Law Act 1975, which mentions domestic violence.

Historically, domestic abuse was considered a physical issue that included only physical violence in the context of this law. Religion excused the use of physical force toward women and children. Early marriage laws permitted men to hit their wives, which is the reason why throughout most of the 20th century, domestic violence remained a serious problem (Henrich et al., 2012). According to Taylor (2016), the anti-stalking laws of the 1990s were critical in changing the attitude of the Australian government toward marital abuse because they discussed threats of violence and psychological abuse. Before this law, there were no repercussions for offenders until the treats were acted upon.

Now, all jurisdictions in Australia consider domestic or family violence as not only physical abuse but also “emotionally, psychologically or economically abusive behaviour” (Taylor, 2016, p. 98). The Tasmanian law of 2004 introduced summary offenses that include such behaviours. It directly criminalized the emotionally and economically abusive behaviour if the plaintiffs could prove psychological harm resulting from the family members actions. The piece of legislation is named The Family Violence Act of 2004 (Tas), and it punishes the offender with a fine or a maximum period of two years of imprisonment.

Relevance of the Policy

Social work plays a role in recognizing and preventing abuse in the home. Policies as a group advocacy form can prevent domestic violence and create safer relationships. Advocating concerns to policymakers can lead to positive change and ensure the safety of many domestic violence victims and their families (Nicolas, 2014). Family violence reforms, such as the Family Violence Act of 2004, have raised awareness of the nature and effects of family violence among the general population (STRICKLAND, 2014). It gives legal and social ground to movements to create shelters and administer frontline care to victims of domestic abuse.

Such shelters assist victims of domestic violence by offering emergency shelters, support in overcoming financial abuse, psychological care, and assistance with housing issues. Millions of community members get education and prevention programming from these initiatives. Such a shelter is the White Ribbon Australia movement, mostly consisting of men who strive to change public opinion and apathy toward victims of family violence through education (Fisher, 2012). The movement assists children of domestic violence victims, along with technical help and training programs. It saved millions of lives and gave survivors and their children the vital help they require to recover from violence in a family relationship.

The Coronavirus pandemic spawned another domestic violence problem in Australia. During the uncertainty surrounding the pandemic regarding the economy and other factors, abusers had more power and influence over their partners in the COVID-19 situation (Piquero, 2021). Victims in such circumstances were more socially isolated and had fewer possibilities to engage with others who were able to help because stay-at-home orders were in place for the majority of those states. With their abusers nearby, they were less likely to contact crisis hotlines and escape the risk of consequences if they ran away. The Australian government, under Prime Minister Scott Morrison, has provided $150 million to support services (Andina et al., 2020). The emergency legislation came as a response to domestic violence, the reports of which increased significantly during the quarantine. In addition, the Mason government also assisted with $3 million to local and national service providers that help with domestic violence counselling. These actions were to help victims of domestic violence escape the situation, whereas otherwise, they would have been trapped.

Abuse in the home is a prevalent issue that severely impacts a persons psyche. The impacts of domestic violence are visible in social life, as people get psychological traumas and mental disorders that can worsen their relations with family and co-workers and thus, weaken their social position in the community (Alejo, 2014). Also, it is possible to notice a crucial impact on business and that the decrease in productivity level is becoming an important issue (Fana et al., 2020). One of the most obvious social problems related to domestic abuse is gender-based violence, which has its roots in gender inequity. Gender-based violence is defined as violence directed against a person based on their gender. It affects both men and women; however, women and girls suffer from it the most. Domestic violence is related to many social issues, which are addressed in various ways.

Many victims were hesitant to ask for help because they had a fear of being abused again by their partners and were concerned about leaving their life behind. Women were worried that they would not be able to handle their finances alone or that they would be treated as mentally unstable (Edwards et al., 2012). In addition, victims were often blamed that they deserved to be abused based on stereotypes about women, such as she was aggressive or too demanding at first.

Spousal abuse in Australia is not a social norm anymore because of the development of social policies to fight this issue. Currently, it is not accepted as an inevitable or private matter. The change in attitude has come about thanks to the transformation of ideas about the roles and rights of women in society. Policies aimed at fighting domestic violence contribute to the resolving of gender inequality issues since such law enforcements assist women in searching for ways to escape the life situations where they feel oppressed.

Au pairs provide a unique opportunity for abuse in Australia. An au pair is a foreigner that helps with housework and childcare; typically, they are women. The women participating in au pairing are vulnerable because they are usually young, with a small support network, and speak a different language. They are in a unique position for being victims of violence because they are foreigners without a job in a country, where they could be subject to discrimination. According to Brennan et al. (2021), the Australian police force could not respond adequately to a hate crime report. These factors expose them to labour exploitation, sexual harassment, physical abuse, and forced isolation (Mayes, 2020). Besides the abuse, au pairs often feel they cannot leave due to limited opportunities in their country of living and may not be aware of the ways to persecute their abusers legally.

Relevant Policy Responses

Policies committed to advancing effective responses to eliminate violence and promote healthy relationships in families and communities are essential. Answers to the problem of domestic and family violence depend on an evaluation of how battered women’s needs are in the current legal system. Since the passage of The Family Violence Act of 2004 (Tas), the government response to domestic violence has grown to encompass several agencies and initiatives, such as pursuing criminal charges, offering more resources to abusers and victims, and conducting investigations (Taylor, 2020). The law provides support for frontline social service workers, which are the primary vehicles for federal support to prevent and respond to domestic violence, including for children and youth who are exposed to domestic violence. However, more should be done to prevent such issues, especially after the Coronavirus pandemic and au pairs.

Currently, in many European countries, certain policy actions are already in place to prevent domestic abuse toward au pairs. They are a “mandatory national register of host families and au pairs, targeted funding to develop the capacities of NGOs to provide material and counseling support, and the development of enforceable standards” (Mayes, 2020). These government and NGO interventions prevent economic abuse and trafficking of au pairs. One of the most relevant policy responses is COVID-19. The Australian government combats COVID-19-related difficulties such as testing or getting access to medical care for millions of domestic violence survivors. Their funding will reduce the barriers to health services that help mitigate the spread of the virus among domestic violence survivors. However, it is still needed to identify both the short- and long-term implications of the COVID-19 pandemic on the risk for domestic violence and subsequent consequences.

Prevention of abuse depends upon local participation from police forces. Police response to witnessing domestic violence or noticing victim-like behaviour among people with risk factors for intimate partner violence and abuse. According to Brennan et al. (2021) “training and development to ensure the training reflects the fact that tackling domestic abuse is core policing business” (p. 8). The primary objective of police is to immediately isolate the victim of abuse from the aggressor and take them out of the home. In-person or online training, showing educational videos that explain domestic or family abuse is critical in helping police forces prevent escalations of violence that could result in the fatality of the victims. A majority of police force attend such training sessions, regardless of their roles or positions.

To conclude, The Family Violence Act of 2004 (Tas) was a revolutionary law that significantly impacted Australian legislation later. Social programs that are financially and legally supported by such legislation help victims of domestic violence. These programs provide care for all people suffering from past or current abuse. Victims are provided an escape from their abusers by police and therapy by social workers. COVID-19 interventions are helpful for victims of abuse to receive healthcare. Au pairs are also uniquely at-risk for domestic violence, which implies there must be more legislation in Australia to combat this issue.

References

Alejo, K. (2014). Long-term physical and mental health effects of domestic violence. Themis: Research Journal of Justice Studies and Forensic Science, 2(1), 5.

Andina, J. R., Tanara, M., & Wirahman, D. P. (2020). The Correlation between the Covid-19 Pandemic and Domestic Abuse against Women: A Comparative Study Between Australia, Indonesia, and India. Jurnal Sentris, 1(2), 109-124.

Brennan, I., Myhill, A., Tagliaferri, G., & Tapley, J. (2021). Policing a new domestic abuse crime: Effects of force-wide training on arrests for coercive control. Policing and Society, 31(10), 1153-1167.

Edwards, K. M., Murphy, M. J., Tansill, E. C., Myrick, C., Probst, D. R., Corsa, R., & Gidycz, C. A. (2012). A qualitative analysis of college women’s leaving processes in abusive relationships. Journal of American College Health, 60(3), 204-210.

Fana, M., Torrejón Pérez, S. & Fernández-Macías, E. (2020). Employment impact of Covid-19 crisis: From short term effects to long terms prospects. J. Ind. Bus. Econ. 47, 391– 410 (2020).

Fisher, S. (2012). From violence to coercive control: Renaming men’s abuse of women. Australasian Policing, 4(1), 35-37.

Henrich, J., Boyd, R., & Richerson, P. J. (2012). The puzzle of monogamous marriage. Philosophical Transactions of the Royal Society B: Biological Sciences, 367(1589), 657-669.

Heron, R. L., & Eisma, M. C. (2021). Barriers and facilitators of disclosing domestic violence to the healthcare service: A systematic review of qualitative research. Health & social care in the community, 29(3), 612-630.

Mayes, R. (2020). Au pairs in Australia: Contexts, vulnerabilities to abuse, and policy implications. QUT Centre for Justice Briefing Paper, (9).

Nicholas, A. J. (2014). No-drop prosecution in domestic violence cases: Survivor-defined and social change approaches to victim advocacy. Journal of Interpersonal Violence, 29(11), 2114-2142.

Piquero, A. R., Jennings, W. G., Jemison, E., Kaukinen, C., & Knaul, F. M. (2021). Domestic violence during the COVID-19 pandemic-Evidence from a systematic review and meta-analysis. Journal of criminal justice, 74.

STRICKLAND, S., & Murray, K. (2014). A judicial perspective on the Australian family violence reforms 12 months on. Australian journal of family law, 28(1), 47-82.

Taylor, J. (2020). A Critical Analysis of Practitioners Issuing ‘Not Appropriate for Family Dispute Resolution’ Certificates under the Family Law Act 1975 (CTH). Adel. L. Rev., 41, 149.

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