intouch, Multicultural Centre against Family Violence p GPO Box 2905, Melbourne 3001

Transcription

1 intouch, Multicultural Centre against Family Violence p GPO Box 2905, Melbourne Submission to Senate Standing Committee on Finance and Public Administration Inquiry into Domestic Violence in Australia August

2 This report provides the Senate Standing Committee with an overview of intouch and issues relating to Family Violence within CALD communtiies under the following sub-headings: An overview of intouch Census statistics (CALD Communities in Victoria) Family Violence in CALD Communities (with recommendations) Barriers to Legal Services (with recommendations) Support for CALD Children Experiencing Family Violence (with recommendations) Access and Equity for women Without Permanent Residency (with recommendations) Tailored Responses vs One size Fits All Approach (with recommendations) About Us InTouch, the Multicultural Centre against Family Violence was established in Today it is a leading state-wide agency in Victoria, which provides services, programs and responses to issues of family violence in culturally and linguistically diverse (CALD) communities. By acknowledging the rights and diverse experiences of our clients, we develop and implement a number of culturally sensitive and holistic models for the provision of services to both victims and perpetrators of family violence. Our vision is for women and children from diverse cultural backgrounds to be safe and free from family violence. Our mission is to facilitate healthy relationships within CALD families to live life without violence. We achieve this by providing support to individuals, families and groups and working toward preventing family violence through social and systemic advocacy and community awareness. Thirty years experience in working with CALD communities and women who are victims of family violence has demonstrated that current models of practice do not work for all of our clients. CALD clients experience some unique barriers and disadvantages; the compounded impact of so many factors place them in a high risk group. CALD women who experience family violence suffer in silence. They are reluctant to ask for help, focused on keeping their families together and often they do not report until the violence reaches a severe level of unsafe and unhealthy living. This places them in a high risk category of being killed by perpetrators. For those who have made the courageous step of coming forward and asking for support, intouch supports women in a culturally appropriate and best possible way that allows them to make informed decisions and to enable them to navigate systems. During the past 4 years intouch has adopted a broader approach that integrates a culturally appropriate and language accessible multidisciplinary model. During this time, intouch rebranded its name from the Immigrant Women s Domestic Violence Service (IWDVS), reviewed its strategic directions and restructured the organisation to ensure that the transition to a new model is well supported. Today, intouch s work spreads across six strategic areas: Prevention and Early Intervention, Crisis intervention, Post-crisis support, Research & Advocacy, Building Sector Capacity, and Expanding Organisational Capability. 2

3 intouch Staff Eighty percent of our Direct Service Team members are first generation migrants and refugees. Consequently, case managers are in the position to validate client s experiences and take into consideration cultural contexts, client s perception of family violence, including their families and the broader communities, and eliminate barriers they face. Worker s qualifications vary from Community Development Workers to Social Workers and Counsellors. Through active recruitment of bilingual and bicultural staff, InTouch is able to offer services to clients in 24 languages. For all other languages, intouch staff engage with appropriate translating and interpreting services. intouch Model CALD Men s Behaviour Change Program FV Support Program Complex Case Support Program Prevention and Early Intervention Research Postcrisis recovery Court Support Program Advocacy intouch Legal Centre Immigration Assistance FV Support Program Culturally appropriate family violence support Emotional support Advice and information Safety planning Referrals to obtain short-term accommodation and/or housing Referrals to obtain financial support Assistance with immigration issues (Family Violence Provision) Court support Assistance with children, including custody and access Advocacy and liaison on behalf of client Living skills and personal development Referral to high security family violence refuges Linkages with and referrals to other ethno-specific services Secondary consultation and specialist/expert advice 3

4 Assistance to obtain/maintain government allowance Assistance and referral for trauma Assistance and referral for sexual assault Family/relationship assistance Complex Case Support (CCS) Program Through the CCS program intouch delivers specialised and intensive case management services to refugees and Special Humanitarian Program entrants who have been in Australia for less than five years and who need assistance with complex issues such as family violence, mental health (including torture and trauma), physical health, grief, personal or family relationships, children, accommodation, financial or legal issues. Court Support Program Sunshine Magistrates Court every Monday Heidelberg Magistrates Court every Friday Dandenong Magistrates Court every Monday Immigration Assistance A Registered Migration Agent provides immigration services to women eligible for the Family Violence Provision. intouch Legal Centre The intouch Legal Centre provides a holistic legal service for CALD victims of family violence. Under the intouch model, the emotional and legal issues associated with family violence are acknowledged and responded to concurrently, with lawyers and social workers working in partnership to provide integrated support to clients. Additionally, the centre works closely with other community legal centres and private legal practices to ensure that the client receives the best legal support possible. Post-crisis Program Therapeutic group work Women s support groups Individual counselling Making Childhood Memories program - family camps Vietnamese Men s Behaviour Change Program Prevention & Early Intervention Culturally tailored community information and education sessions Prevention and awareness raising projects o CALD Communities Leading the Way to Respectful Relationships a community engagement initiative to prevent family violence in Victoria Research The Right to be Safe from Domestic Violence: Immigrant and Refugee Women in Rural Victoria (May 2006) Refuge Settlement, Safety and Wellbeing: Exploring Domestic and Family Violence in refugee communities (2006) 4

5 What about Children?: the Voices of Culturally and Linguistically Diverse Children Affected by Family Violence (2008) I lived in fear because I knew nothing: Barriers to the Justice System Faced by CALD Women Experiencing Family Violence (2010) CALD Communities in Victoria ( census-a-snapshot-of-our-diversity) In the 100 years since the first national Census, the multicultural nature of Australian society has developed and grown significantly, especially here in Victoria. Our population is amongst the fastest-growing and most diverse in Australia. The 2011 Census indicated the total population of Victoria was 5,354,039, an increase of 8.5% (or 421,617 persons) from the 2006 Census. Of these, 26.2% of Victorians were born overseas in more than 200 countries (an increase from 23.8% in 2006). 46.8% of Victorians were either born overseas or have at least one parent born overseas (an increase from 43.6% in 2006). 23.1% of Victorians spoke a language other than English at home (an increase from 20.4% in 2006). Country of Birth Victorians born in Australia increased by 6.9% from 3,43,471 in 2006 to 3,670,937 in In comparison, the overseas-born population increased by 19.8%, from 1,173,250 to 1,405,330 within the same period. Of the total overseas-born, 74.5% (1,048,068) came from non-main English-speaking countries, increasing from 72.8% in Reflecting recent trends in migration to Victoria, the overseas-born from North Africa and the Middle East, South-East Asia, North-East Asia and in particular Southern and Central Asia, have increased in both absolute numbers and as a proportion of the total. Among the top ranked countries of birth, the fastest growing were: India (increasing by 111.5%); China (66.0%); Sri Lanka (39.7%); Philippines (39.0%); and New Zealand (25.4%). Language spoken at home The 2011 Census has also revealed increasing diversity in languages other than English (LOTE) spoken at home. The number speaking a LOTE increased by 22.6% (227,997) from 1.00 million in 2006 to 1.23 million in Fast-growing LOTE speakers are associated with fast-growing source countries. For example: Mandarin (61.2% increase between 2006 and 2011); Hindi (79.9%); Punjabi (278.8%); Sinhalese (66.4%); Tamil (57.3%); and several other Indian sub-continent languages. 5

6 FAMILY VIOLENCE IN CALD COMMUNITIES CALD Women Experiencing Family Violence A report published in 1992 by the National Committee on Violence against Women identified that women from CALD groups are doubly victimised in that they do not belong to the dominant Anglo-Australian culture and they do not belong to the dominant gender in our society. Women may be unaware of services, or lack the confidence, independent income or language skills to leave a violent situation and access appropriate services. Women from a CALD background experiencing family violence are particularly vulnerable. An already difficult situation is accentuated by language difficulties, unfamiliarity with service systems, social dislocation due to immigration, alienation from culture and community, grief related to experiences of torture and trauma and limited culturally appropriate services. Issues of stigma associated with family violence, lack of access to financial resources and a lack of family and community support may dissuade CALD women to seek assistance. In many instances women from CALD backgrounds do not understand their rights or the Australian legal system and they do not trust authorities including police. Powerful barriers to disclose domestic violence include shame, disgrace, a strong sense of obligation, self-blame and fear of deportation. The cultural clashes between the family s values and traditions and those of Anglo-Australian society may also have an impact on family interactions and may cause additional stress in their already difficult situations. Mainstream services face serious challenges in effectively addressing family violence in immigrant communities. Multiple factors have contributed in creating these challenges, but primarily the differences in the conceptualization of violence against women between mainstream services and immigrant communities. Mainstream service providers, based on a model of individual rights, perceive violence and abuse against women as non-negotiable, and the safety of abused women is the priority in these situations. While immigrant cultures also see abuse as unacceptable, the approach tends to differ. Domestic violence against women is often seen as a family matter which implies that only family can and should resolve it without intervention from anyone outside the family. There are particular challenges facing communities from collective societies. There is an expectation that personal needs will be subordinated to those of the collective. Women are expected to maintain harmony in order to uphold the family s status and reputation. In summary, there are many barriers that prevent women from CALD backgrounds from accessing services or assistance relating to family and domestic violence: a lack of knowledge of Australian law, which results in victims tolerating abusive behaviour a lack of knowledge of the services available or the pathways used to access those services communication and language difficulties fear of escalation of violence 6

7 loneliness and isolation, which may be deliberately maintained by abusive partners traditional gender roles fear of isolation from family or community fear of bringing shame and dishonour to family a belief that domestic violence issues should be dealt with within the family unit fear of being judged and blamed fear of authority figures including police a lack of financial support, accommodation or other resources fear of deportation fear of losing their children racial prejudice a lack of culturally appropriate or culturally specific services counselling may be an alien concept the intimidating nature of court proceedings a lack of multilingual and culturally appropriate information regarding legal entitlements and processes a lack of awareness of what constitutes family and domestic violence, particularly for people from countries where the right of a man to discipline his wife may be enshrined in family law the isolation of CALD community leaders and helpers from mainstream culture and services a lack of networking opportunities between mainstream workers and CALD community members. Dimopoulos et al. (2000) reported that women from immigrant backgrounds appeared to be less likely to receive appropriate assistance from services when they attempted to leave a violent relationship. Findings also indicated that women from immigrant backgrounds were more likely to be murdered as a result of family violence. It was therefore postulated that these women are at an increased risk of severe injury or death as a direct result of the delayed disclosure of a violent relationship. Recommendation Despite the focus on access and response service provision aimed at improving social inclusion for all Australians, it seems that issues affecting people from CALD background continue to be peripheral and that implementation strategies tend to overlook the particular needs of this group. We recommend that women from CALD background should be identified, together with women living with a disability and women from Aboriginal and Torres Strait Islander backgrounds, as one of the most vulnerable groups. 7

8 Barriers to Legal Services In 2010 intouch published a report titled I Lived in Fear because I Knew Nothing: Barriers to the Justice System Faced by CALD Women Experiencing Family Violence. The project began with the understanding that barriers for CALD women are distinct and in addition to those faced by women from the broader community. This research was driven by a concern for the compromised safety and wellbeing of these women and their children due to the various barriers they face in accessing the legal / justice system. The primary objective was to identify and explore in depth these barriers faced by Victorian CALD women who have been victims of family violence and who have accessed or attempted to access the legal system. The methodology comprised three components including: surveys and focus groups with CALD women, consultations with service providers and an online survey. Workshops were also conducted to help formulate recommendations. While the women generally acknowledged that there were protective legal structures in place that ultimately helped them to escape the violence, it became apparent that CALD women do face additional barriers accessing the legal system on two levels. The first level being when they are accessing justice system and the second level, the barriers they face once they come into contact with the justice system. Underreporting is influenced by a lack of information about their rights and how to access them, a fear of authorities and not knowing what constitutes family violence in Victoria. These impediments subsequently lead to CALD women being less likely to report violence. They are often quickly discouraged from progressing further with their complaints, they may disengage prematurely from support or the outcomes they achieve are less positive than they should have been. A tendency to under-report can result in CALD women waiting until a point of crisis before they seek help. Considerable external pressure from family and community is also a significant factor. CALD women also face obstacles throughout the legal process such as language difficulties, intimidating and bewildering court processes, prejudicial attitudes, and inadequate support from services. These factors put CALD women at a distinct disadvantage when it comes to dealing with the legal system. In February 2012, intouch was successful in securing funding from the Legal Services Board of Victoria to establish a Legal Centre Pilot. The Pilot was funded for an initial period of 24 months. Development of the model and the establishment of an operational service were completed in The intouch Legal Centre commenced intake of clients in early It is an innovative, client centred model and the first of its kind in Australia. The Centre was designed as a specialist and culturally appropriate legal service that facilitates access to the legal process. Housed within intouch, the Centre aims to fulfill the unmet needs of intouch clients, predominantly CALD women who are experiencing and/or escaping family violence. With the client firmly placed at the centre of its practice, the Centre not only draws upon the expertise and experience of its legal staff, but also that of its family violence support staff. As such, it is able to provide both cultural and legal expertise to victim/survivors of family violence through the legal process. A key aim of the Centre is to reduce 8

9 disengagement with the legal process for CALD women, given the vulnerability of this client group. In addition to providing a safety net to catch those clients who would otherwise fall through the gaps, the Centre has also been designed to support the broader community legal sector through the provision of cultural competency training for legal professionals. The ultimate aim of this capacity-building component of the Centre is to improve the overall quality of legal service provision provided to CALD victim/survivors of family violence. Since 2012 the intouch Legal centre have: Provided legal support to 213 clients from January 2013 to date: o Case managed 84 clients o Referred 95 cases to external legal services while providing lawyers with a cultural brief and clients with a legal education briefing o Conducted legal information sessions for 55 CALD women Gained accreditation with the Federation of Community Legal Centres Established partnerships with two top tier firms Landers & Rogers and Maurice Blackburn Developed a unique referral partnership with Victoria Legal Aid. Recommendation Allocation of ongoing federal and state funding for intouch Legal Centre and the replication of the model nationally. Support for CALD Children Experiencing Family Violence Exposure to violence at a young age can affect a child s brain development by impairing their cognitive and emotional growth. Where a home environment is infected with violence and fear, the normal stages of growing up are negatively impacted. Fear, anger, shame, low self-esteem and helplessness are common when a child is exposed to family violence. These symptoms may affect a child s ability to get along with other children or to concentrate in school. Academic and social problems turn school into another nightmare zone for a child, instead of an escape from a violent home. Perhaps most importantly, exposure to family violence impairs a child s ability to trust and relate to others. A child growing up in an abusive household often learns to solve their problems using violence. In some cases, aggression is channelled outwards through bullying and aggression. For a child who internalises their stress, the downward spiral can be just as damaging: withdrawing from people and events feeds social isolation, and it is not uncommon for young adults to turn to drugs and alcohol in an attempt to escape mental and physical burdens Children from CALD backgrounds facing family violence are not only dealing with immediate trauma, but other life stressors migration has thrust upon them. Leaving family, friends and community support networks, CALD children suddenly find themselves in a new country, having to learn a new language and a new set of cultural norms. Managing the unfamiliar is also harder with few friends, feeling different at school, and sometimes facing discrimination from the community at large. A turbulent pre-migration history may see CALD children having already witnessed violence in their homeland. From 2012 to 2013, more than 20, 000 refugees were granted asylum in Australia, forced to flee their home and risk dangerous journeys in 9

10 the hope of finding a safe home. At the end of 2013, 1028 children were in closed detention facilities. A wide range of psychological disturbances have been observed among children in detention, including separation anxiety, bed wetting, sleep disturbances and nightmares. Extreme cases have seen children refuse to talk, eat or drink, with some as young as 12 years old resorting to self-harm. Family violence not only confronts CALD children with immediate trauma, but can also trigger vivid memories of violence from the past. Recommendation More family violence CALD-specific children s services are needed, such as Children s Workers, Family Therapists, Therapeutic Group work and Parenting Groups. InTouch believes that service gaps currently impact CALD children and they do not receive the support they need after witnessing family violence. Access and Equity for Women without Permanent Residency Women with no permanent residency that experience family violence can be divided into two major groups according to their eligibility to apply for Family Violence provision. The Australian Government introduced Special Family Violence provisions which allow victims of domestic violence to apply for permanent residency. Additionally, for a significant number of women in other visa categories, being ineligible for Family Violence provision means that they cannot access refuges or other crisis accommodation or other benefits to support them when escaping domestic violence. In many cases women are forced to choose between remaining in a life threatening relationship or deportation. Immigration status can increase a woman s vulnerability to family violence and further reduce her options. Abusers use the immigration status to threaten deportation and the threat is exacerbated when a woman lacks information about her rights and options. InTouch employs a Registered Migration Agent who provides immigration support to women without permanent residency, mainly to those who are on a spousal visa, who are eligible to apply for permanent visa through Family Violence Provision. Women waiting for their application for permanent residency to be processed and approved are not entitled to receive any financial benefits to support themselves. In the last four years intouch has supported an increasing number of CALD women without permanent residency experiencing family violence / women / women / women / women This important work conducted is unfunded and places increased pressure on the workload of case workers. Case study: My husband said I didn t need to go to the hospital Nadine arrived on a spousal visa in Australia and began to suffer through an intensely violent relationship. After her husband assaulted her badly, she 10

11 finally built up the courage to call the police and she was removed from the home straight away. The police assisted Nadine in getting an intervention order against her husband and linked her with intouch where she was able to get further assistance and help with her immigration concerns. During a session with the intouch Registered Migration Agent Nadine disclosed she had concerns about her health. The worker was shocked when Nadine shared some of her symptoms and advised her to immediately go to the hospital. Upon consultation, she found out she had Stage 3 cancer. For almost a year Nadine worried about the growing lump, but a lack of knowledge about the healthcare system meant relying on her husband, who told her it was nothing abnormal. Nadine is currently undergoing treatment for cancer, but her long-term prognosis is not promising. She lives in shared accommodation and has received permanent residency status. Nadine feels safe and well-supported, but upset that her health has been irreversibly damaged by the controlling and abusive behaviour of her ex-partner. All other categories of temporary visa holders such as international students, skilled migration, working visa and New Zealand citizens are not eligible for Family Violence provisions. Service providers have a very limited choice of options available to help those women. Often they either use their own limited reserves to fund accommodation or other support that is needed or even worse, cannot provide any support at all. Women on student visas lose the right to remain in Australia if they separate from an abusive partner. With deportation a real risk, many women suffer in silence for fear of returning to their home country, where shame and ostracism from families and communities is not uncommon. Partners of international students and temporary working visa holders are vulnerable when experiencing abuse as they have limited options to sustain themselves independently. Financial issues arise from the high cost of living, low-paid positions and restrictions around employment. This creates dependency on the abuser, continuing the cycle of violence. The short-term nature of student and temporary working visas also prevent access to appropriate safety pathways. Women on temporary visas are not eligible for many of the essential services required for independent living such as affordable and suitable housing, or access to Medicare and Centrelink benefits. In addition, some government agencies restrict their services to those with permanent residency. Perpetrators of family violence are known to exploit this social isolation, drawing women further away from the broader community and closer to an abusive home. Case study: I would have brought shame to my family by leaving Shortly after arriving in Australia as a dependent on her husband s student visa, Mina began to experience family violence. The woman was terrified of authorities and fearful of bringing shame to her family by leaving her husband. So she stayed in a violent relationship where she was beaten daily for not cleaning dishes or food not being cooked when her husband demanded. The 11

12 abuse escalated until a violent physical attack by her husband led to Mina being hospitalised for broken ribs and head injuries. Due to Mina s visa status, she was unable to obtain any financial assistance and it was extremely hard to place her in a refuge. Her visa status also required her to alert the authorities of any change to her living situation, possibly affecting her ability to remain in Australia. This was particularly distressing for Mina, as her parents abroad were not supportive of her decision to leave her husband, and did not want her to come back home. intouch linked her with a pro-bono lawyer who was able to assist her with a protection claim so that she could stay in Australia. While the claim is still in process, Mina lives together with two other women from her community. Recommendations 1. Allocation of Federal and State funding for the development of community awareness programs for primary and secondary holders of temporary visas about family violence, including education on their legal rights in Australia and a list of appropriate services they are eligible to access; 2. Allocation of Federal and State funding for the provision of specialist family violence support and immigration support, as well as special accommodation that meet the needs of this group without exclusions or restrictions related to their visa status and financial position The application of the Family Violence Provisions under the Migration Regulations 1994 to be expanded to cover other visa categories; 3. The Australian Government to enable access to crisis payment, parenting and family support services and other assistance to help temporary visa holders who are victims of family violence; 4. Funding to intouch in order to continue to assist vulnerable women who cannot afford the costs of employing an external migration agent. 1. Tailored responses vs. one-size-fits-all approach CALD is a term which is quite often used to distinguish a mainstream approach in service provision from an approach used for migrants and refugees. Most of the high level frameworks, policies, systems and initiatives are designed for the mainstream community by the mainstream community and provide only superficial responses to diverse communities grouping them together under the term CALD. Responses that will have long-term sustainable outcomes for CALD communities have to be designed based on a needs analysis and extensive community engagement. While this approach seems to be resource intense, high initial investment prevents clients from re-entering the system and ensures long-term sustainability. 12

13 Funders should recognize that there are significant barriers that make it extremely difficult for service providers to win the trust of immigrant and refugee victims. Programs that provide a variety of services from the victim s urgent need for direct services to language classes to community centers to employment services by themselves or with partner programs may, over time, have a better chance at building that trust. Therefore, funders should support community-based programs that provide an array of services reasonably calculated to both meet clients needs and win their trust, keeping in mind that there are no one-size-fits-all formulas. (Family Violence Prevention Fund, Intimate Partner Violence in Immigrant and Refugee Communities: Challenges, promising Practices and Recommendations, 2009) One size does not fit all According to San Pedro (1996), most services in Australia work within a monocultural and monolingual framework, which does not reflect the cultural and linguistic diversity of Australian society. Migrant women experiencing homelessness and/or domestic violence are seen as a set of problems, by service providers and their needs are considered to be special (2004:365). Culture and ethnicity are viewed as some kind of disability. San Pedro argues that migrant women do not require special treatment but just and equal treatment. Individuals have unique needs, and people from CaLD backgrounds do not belong to a homogenous group (Dimopoulos & Assafiri 2004; Dimopoulos 2000; Bagshaw 2002; Cunningham et al. 2004; Phoenix Projects 2000; Aldunate 1999a). Quek expresses reluctance to use the term culturally and linguistically diverse for similar reasons: The terms used can sometimes mask or assume the homogeneity of CaLD women. To lump all women under the same umbrella is to gloss over the diversity of experiences, backgrounds, religious beliefs, educational level, class etc. (Quek 2001:7). Bagshaw et al. (2000) described mainstream domestic violence services as illequipped to deal with the complex needs of marginalised groups in the community, including those from CaLD backgrounds. According to Bagshaw et al., research has already identified gaps in service provision, but service providers have only paid lip service to addressing this. They recommended separate specialist services to address the needs of people from CaLD backgrounds. A Review of Literature Relating to Family and Domestic Violence in CALD Communities in Australia,

14 Recommendation Early intervention, prevention, crisis and post-crisis responses need to be more responsive and tailored to the specific needs of CALD women, children, men and communities. 14