Australia
Australian Institute of Health and Welfare, Indigenous Community Safety, 2023.
This report states that:
‘Safe communities, where people feel protected from harm within their home, workplace and community, are important for physical and mental wellbeing. The feeling of being safe enables a better quality of life and the capacity to be involved in the community in a positive way, both of which are protective factors for social and emotional wellbeing. While the majority of Aboriginal and Torres Strait Islander (First Nations) people feel safe in their communities and do not experience negative outcomes, they tend to experience greater rates of hospitalisation and death as a result of violence than the wider community.’
‘Many factors influence community safety for First Nations people. Stronger connections to culture and Country, amongst other positive cultural determinants, improve outcomes for community safety. Factors that lead to unsafe situations include long-term social disadvantage and the ongoing impact of past dispossession and forced child-removal policies, which result in intergenerational trauma and breakdowns of traditional culture and kinship practices.’
‘Based on age-standardised rates, the rate of family-violence related assault hospitalisations for First Nations people was 29 times the non-Indigenous rate. Over the period 2010-11 to 2020-21, there was a 37% increase in the rate of family violence-related assaults for First Nations people (based on age-standardised rates), or an increase from 364 to 503 hospitalisations per 100,000 population.’
'According to Australian Institute of Criminology data, between July 2020 and June 2021, there was 22 homicide victims who were First Nations people. The offender was an intimate partner, child, parent, sibling or other relative for half (11) of these victims, including all 5 female victims. The remaining victims of homicide were male, and the offender was an acquaintance (5), a stranger (2), a relationship not stated/unknown (2) or offender not identified (2).’
Bartels, Lorana, ‘Violent offending by and against indigenous women’, (2012) 8(1) Indigenous Law Bulletin 119-122.
This paper considers the issue of Indigenous women and violence—both the violence they perpetrate and the violence they experience. Indigenous women experience violent and sexual victimisation at much higher rates, and more seriously, than non-Indigenous women, and much of this is likely to be in a domestic context. Most Indigenous women who also offend are themselves victims, and the nexus between offending and victimisation must therefore be considered. For example, the authors quote the Australian Institute of Criminology’s national homicide monitoring program, which indicates that: Indigenous women are 14 times more likely than non-Indigenous women to commit homicide; Indigenous women accounted for 28 per cent of Indigenous homicide offenders, and in 93% of cases the offender and victim were in a domestic or family relationship; and it is likely in many of these cases the women were responding to violence against themselves.
Blagg, H et al., Understanding the role of law and culture in Aboriginal and/or Torres Strait Islander communities in responding to and preventing family violence (2020) Sydney: ANROWS
The project explored the roles Aboriginal and Torres Strait Islander Law and Culture play in prevention, intervention and healing in family violence and how they can be supported using a strengths-based approach. It was grounded in an understanding shaped by the impact of colonisation and took place in six communities which retain strong connections to Law and Culture.
It found that Aboriginal and Torres Strait Islander Law and Culture are features of everyday life in many Aboriginal and Torres Strait Islander communities, although the mainstream legal system and forms of governance undermine their practice. Responses to family violence in Aboriginal and Torres Strait Islander communities should move away from the mainstream legal system and be grounded in Law and Culture, including Aboriginal and Torres Strait Islander dispute resolution processes. Healing (including addressing trauma and restoring wellbeing) is fundamental to addressing family violence. Participants recommended interventions that worked at the family, rather than individual, level.
Recommendations include: a greater focus on prevention, healing and diversion from the criminal legal system; involvement of men and women in the design and implementation of local family violence strategies; acknowledging the link between violence and issues that stem from colonisation such as alcohol misuse and intergenerational trauma, rather than focusing solely on gender inequality and male power increases the effectiveness of policy and service responses; and an improved understanding within mainstream systems and services of the nature of Aboriginal and Torres Strait Islander family obligations and interconnections.
Blagg, Harry, Emma Williams, Eileen Cummings, Vickie Hovane, Michael Torres and Jaren Nangala Woodley, Innovative Models in Addressing Violence Against Indigenous Women: Final Report (ANROWS, 2018).
This comprehensive report responds to the deficiency in knowledge relating to Indigenous women’s experiences of violence, and highlights the importance of Indigenous women’s voices in informing innovative responses to violence against Indigenous women (p 9). It is recognised that Indigenous culture and knowledge necessitate specially tailored responses to family violence (pp 9, 19). Further, the report highlights the complex context of oppression within which violence against Indigenous women occurs, and the importance of investing in Indigenous women’s organisations (pp 53, 56-8).
The report also confronts problematic elements in mainstream approaches to family violence in the context of Indigenous culture (see p 59). Key findings include:
•
Many Indigenous victims view mainstream systems as alien and estranging (p 26);
•
The law does not distinguish between coercive control and other forms of aggression, particularly fights, which are a prominent form of conflict in Indigenous communities (pp 24, 26);
•
The approach to domestic violence as an exceptional form of harm prevents understanding from other sites of Indigenous crisis response, such as suicide, mental health, substance abuse, and intergenerational trauma (pp 26, 34, 58);
•
Criminal justice interventions do not adequately reflect layers of violence within Indigenous communities (p 58);
•
Indigenous communities seek a greater focus on prevention of the whole spectrum of aggressive behaviours (p 58); and
•
Poor housing conditions exacerbate violence and increase vulnerability (p 58).
Finally, the report highlights a number of considerations and strategies for future practice in this area:
•
Intervention and prevention in cases of family violence should be underpinned by a focus on social and emotional wellbeing (pp 61-2);
•
Courts should adopt innovative practices, such as ‘one family/one judge’ initiatives, consideration of intergenerational trauma, and appropriately adapted triage processes focussing on comprehensive screening (p 62);
•
Locally, there should be a focus on communication between relevant parties, including magistrates, court user groups, and Indigenous community leaders (p 63); and
•
To the greatest possible extent, Indigenous leaders should be at the centre of intervention processes (p 63).
Blagg, Harry, Nicole Bluett-Boyd and Emma Williams, Innovative Models in Addressing Violence Against Indigenous Women: State of Knowledge Paper (ANROWS, 2015).
This review outlines current knowledge on responses to violence against Indigenous women in Australia. The review points out that Indigenous women must continually balance reporting violence to the police with the potential consequences for themselves and other family members that may result from approaching the police (p 13).
Further barriers to disclosure for Indigenous women can stem from geographical remoteness, and include for example (p 8):
•
Communication difficulties, including telephone access and access to transport;
•
lack of Indigenous specific shelters;
•
heightened concerns of confidentiality due to the small community size (and limited service providers);
•
lack of services;
•
the dominance of patriarchal ideologies and colonial mentalities amongst police in rural and remote locations;
•
the relative conservatism of rural towns, where family violence may be seen as a “private matter”; and
•
the risk of experiencing racism when engaging with services.
The review identified further common themes, such as:
•
a reluctance to report because of fear of the police, the perpetrator, or the perpetrator’s kin;
•
fear of “payback: by the offender’s family if he is jailed;
•
concerns the offender may become “a death in custody”;
•
reluctance to become involved with non-Indigenous justice systems, which are seen by many as an instrument of dispossession; and
•
fears that children may be removed.
Cunneen, Chris, ‘Alternative and Improved Responses to Domestic and Family Violence in Queensland Indigenous Communities’ (Research Report, Department of Communities (QLD), 2010).
The aims of the research were to: determine what data are available about the use of domestic violence orders by Indigenous clients; determine whether domestic violence orders are an adequate and effective legal mechanism to respond to violence against Indigenous clients, particularly in rural and remote areas; and make recommendations. The evaluation utilised a combination of legal research, qualitative interviews and quantitative analysis. This report provides a comprehensive overview of specific issues facing Indigenous women in the context of domestic violence, and identifies a variety of barriers for Indigenous women to reporting violence and accessing protection including family and kinship issues, removal of children, and lack of community support and services (p97-110). Particular issues with access to services include lack of cultural sensitivity, failure to provide appropriate and accurate advice, lack of access to ATSI legal services, and lack of appropriate services for remote communities (p25-26). The author concludes that it is possible to identify and summarise the major issues (arising from the literature) as knowledge and decision making; cultural issues; community issues; police, legal system and associated services; geographic isolation; concerns about consequences and outcomes, and broader contextual issues of colonisation, dispossession and Indigenous law’ (see p26-32).
In relation to perpetration of domestic and family violence, section 3.2.1 ‘Protection orders and Indigenous respondents’ (from p60) is relevant. Table 3.7 on p70 shows that ‘Differences in police responses to Indigenous offenders are statistically significant, with Indigenous offenders more likely to be processed by way of arrest than non-Indigenous offenders. Conversely, Indigenous offenders are less likely to be given a notice to appear in court or not proceeded against’. Chapter Five ‘Court Responses’ (from p83) is also especially relevant for Indigenous offenders.
Day, Andrew, Robin Jones, Martin Nakata and Dennis McDermott, ‘Indigenous Family Violence: An Attempt to Understand the Problems and Inform Appropriate and Effective Responses to Criminal Justice System Intervention’ (2012) 19(1) Psychiatry, Psychology and Law 104-117.
Abstract: ‘Whilst high levels of concern about the prevalence of family violence within Indigenous communities have long been expressed, progress in the development of evidence-based intervention programs for known perpetrators has been slow. This review of the literature aims to provide a resource for practitioners who work in this area, and a framework from within which culturally specific violence prevention programs can be developed and delivered. It is suggested that effective responses to Indigenous family violence need to be informed by culturally informed models of violence, and that significant work is needed to develop interventions that successfully manage the risk of perpetrators of family violence committing further offences.’
•
This article provides an overview/summary of the main issues, including discussion of ‘Patterns and Trends in Indigenous Violence’, ‘Frameworks for Understanding Indigenous Violence’ and ‘Connections between Intergenerational Trauma, Anger, and Indigenous Men’s Violence’ (e.g. inherited grief and trauma, dispossession, economic exclusion, loss of traditional Aboriginal roles and statuses etc), before analysing ‘Implications for practice’.
Guggisberg, M (2019) ‘Aboriginal women’s experiences with intimate partner sexual violence and the dangerous lives they live as a result of victimisation’, Journal of Aggression, Maltreatment & Trauma, 28:2, 186-204 doi: 10.1080/10926771.2018.1508106
Extract from abstract: This study investigated the nature of violence experienced by a current or former intimate partner. Participants were adult females who identified as Aboriginal Australians. Findings indicated high levels of sexual victimisation and potential lethal violence. Aboriginal women reported to have subjected to threats to kill, attempts of strangulation, having been threatened with a weapon, and frequent forced sexual intercourse. Fear and anger appeared to explain women*’s resistence against the experienced violence.
Langton, M., et al (2020) Improving family violence legal and support services for Aboriginal and Torres Strait Islander women. Research Report, ANROWS.
Working collaboratively with elders, this report identifies priorities for reducing and preventing violence against, and improving services for, Aboriginal women in the Victorian and New South Wales towns of Mildura, Albury and Wodonga. A total of 97 participants, including Aboriginal victims and service providers, took part in this study across both field sites. We conducted 27 individual interviews and held 22 focus groups (with a total of 70 participants). There were 31 participants in Mildura, 61 in Albury–Wodonga and five in other locations.
The participants highlighted that there was reluctance to report family violence to authorities (eg police etc) because of:
•
the real and immediate threat of homelessness, as there was often a financial reliance on their violent partner to provide financial support to the household, and the fear of isolation from family and community; and
•
a dominant fear of losing their children. (p15)
For many women, fear of a lack of privacy in Aboriginal organisations was a barrier to accessing their services. (p16)
Meyer S, Stambe R-M. Mothering in the Context of Violence: Indigenous and Non-Indigenous Mothers’ Experiences in Regional Settings in Australia. Journal of Interpersonal Violence. (2022) 37 (9-10) Journal of Interpersonal Violence NP7958–NP7983, doi.org/10.1177/0886260520975818.
Abstract: Domestic and family violence (DFV) disproportionately affects women and children in Australia and globally. On average, one in three women experiences DFV during adulthood and the majority of these women identify as mothers. The prevalence of DFV is higher for Indigenous women and their experiences disproportionately range at the more severe end of physical abuse. For women affected by DFV, mothering during and post this type of victimization is complicated by strategic entrapment, undermining of the mother–child relationship, and threats of harm directed at children and mothers. While a substantial body of literature has examined the experiences of mothers affected by DFV more broadly, research on the experiences of Indigenous mothers affected by DFV remains scarce. Research evidence is further limited when trying to understand the specific constraints experienced by mothers affected by DFV in regional settings. This article examines the experiences of Indigenous and non-Indigenous mothers affected by DFV in regional Queensland, Australia. Data derived from 17 qualitative face-to-face interviews are used to explore the lived experiences of these mothers. Findings identify the immediate and long-term effects of DFV on mothers and children, including similarities and differences in women’s experiences of mothering in the context of DFV, experiences of entrapment in an abusive relationship, experiences of post-separation abuse, strategies used to mitigate its impact on children, and surviving as a female-headed single-parent household in regional settings. While mothers in this study shared a number of similar experiences, regionality, the risk of cultural disconnectedness, and socio-structural marginalization disproportionately affected Indigenous mothers in this study. Findings raise key implications for supporting mothers and children’s safety and recovery, access to safe and sustainable housing in regional towns, and the empowerment of Indigenous women to overcome the lasting effects of colonization and disproportionate experiences of disadvantage.
Mitra-Kahn, Trishima, Carolyn Newbigin and Sophie Hardefeldt, Invisible women, invisible violence: Understanding and improving data on the experiences of domestic and family violence and sexual assault for diverse groups of women: State of knowledge paper (ANROWS, 2016).
This paper reviews the literature about the experiences of domestic and family violence and sexual assault against women from diverse groups, including Aboriginal and Torres Strait Islander women (pp 19-21). It highlights intersections of disadvantage and marginalisation and stresses that these intersections are not adequately captured by existing survey instruments in Australia. It emphasises the importance of understanding family violence in Aboriginal and Torres Strait Islander communities within the context of colonisation and continued cultural dispossession, discrimination, and oppression. Intergenerational trauma is also key to this understanding. Research suggests that Aboriginal and Torres Strait Islander women experience some types of violence more frequently than non-Indigenous women, including bi-directional violence, negative behaviours between extended family members, and lateral violence.
Putt, Judy, Robyn Holder and Cath O’Leary, Advocacy for safety and empowerment: Good practice and innovative approaches with Aboriginal women experiencing family and domestic violence in remote and regional Australia—Key findings and future directions (ANROWS, 2017).
This project aimed to address a lack of evidence on the way in which specialist domestic and family violence (DFV) services work with and for Aboriginal women as clients/survivors, workers, board and community members.
A key finding is the identification by women (and mainly Aboriginal women) of what they value from services and as outcomes of contact at times of crisis (p 4):
•
Active and careful listening;
•
Clear and non-judgemental communication;
•
Immediate and practical help; and
•
Assertive advocacy on behalf of women with other organisations and people in the community.
A number of practice guides including for advocacy, safety planning, and measuring outcomes are available at the project link above.
Senate Legal and Constitutional Affairs Committee, (commenced 2022) Missing and murdered First Nations women and children. Parliament of Australia (Webpage).
This inquiry is tasked to examine issues associated with missing and murdered First Nations women and children, with particular reference to:
•
the number of First Nations women and children who are missing and murdered;
•
the current and historical practices, including resources, to investigating the deaths and missing person reports of First Nations women and children in each jurisdiction compared to non-First Nations women and children;
•
the institutional legislation, policies and practices implemented in response to all forms of violence experienced by First Nations women and children;
•
the systemic causes of all forms of violence, including sexual violence, against First Nations women and children, including underlying social, economic, cultural, institutional and historical causes contributing to the ongoing violence and particular vulnerabilities of First Nations women and children;
•
the policies, practices and support services that have been effective in reducing violence and increasing safety of First Nations women and children, including self-determined strategies and initiatives;
•
the identification of concrete and effective actions that can be taken to remove systemic causes of violence and to increase the safety of First Nations women and children;
•
the ways in which missing and murdered First Nations women and children and their families can be honoured and commemorated; and
•
any other related matters.
The website includes submissions, details of hearings and other documents including statistics requested by the Committee.
Soldatic, K. et al., (2023). Indigenous LGBTIQSB+ People’s Experience of Family violence in Australia. Journal of Family Violence, online first, https://doi.org/10.1007/s10896-023-00539-1
Based on 16 interviews with Indigenous LGBTIQSB + people in the state of New South Wales, Australia. This article explores the social and emotional wellbeing of Indigenous LGBTIQSB + young people living in New South Wales. The findings ‘demonstrate the intersectional nature of family violence highlighting the fact that Indigenous LGBTIQSB+ young people are integral parts of extended kinship networks, families and communities and are deeply impacted by any acts of family violence.’
Note LGBTIQSB+: Lesbian, gay, Bisexual, trans, Intersex, Queer, Sistergirl, Brotherboy, Plus.
The article concludes:
Participants’ stories spoke of family and community violence that focused on intimidation, bullying and threats of violence. These kinds of behaviours were at times aimed at making the young person feel uncomfortable, to feel unwanted, invisible, excluded and even to force them to change their ‘lifestyles’ or at least shape their behaviours so that their gender and sexuality diversity were kept hidden. Even though participants spoke about how they successfully negotiated these events, LGBTIQ + phobic and racist behaviours also caused feelings of isolation, distress, a feeling of invisibility, lack of worth and exclusion.
LGBTIQSB + young people reported significant amounts of violence from communities, some related to their gen- der and sexuality diversity and other behaviours related to perceptions about their Indigeneity. LGBTIQSB+-phobia in Indigenous families and communities was reported more within extended families, older generations and rural or remote communities. Negative interactions and attitudes from Indigenous families and communities are significant given the importance of culture, family, and community for Indigenous people. These are still central to young Indigenous LGBTIQSB + lives with participants speaking about the heart break of not being able to go home to Country to visit grandparents and Elders in rural and remote communities. (p11).
Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage Key Indicators 2016 – Report (Productivity Commission, 2016).
In 4.12, ‘Family and community violence,’ the Productivity Commission looks at the impact of family violence on the health and welfare of Aboriginal and Torres Strait Islander people. Some of the key statistics provided are:
•
In 2014-15, around one in five (21.8 per cent) Aboriginal and Torres Strait Islander adults reported experiencing physical or threatened violence, similar to 2002 and 2008. After adjusting for differences in population age structures, this was 2.5 times the rate for non-Indigenous Australians;
•
In 2014-15, hospitalisation rates for Aboriginal and Torres Strait Islander family violence-related assaults were 530 females per 100 000 female population and 191 males per 100 000 male population. After adjusting for differences in population age structures, this was 32 times the rate for non-Indigenous females and 23 times the rate for non-Indigenous males (p.4.98)
•
Hospitalisations for assaults increased with remoteness — from 156.5 per 100 000 population in major cities to 1044.4 per 100 000 population in remote areas for non-fatal family violence-related assaults and 390.8 per 100 000 population in major cities to 2013.6 per 100 000 population in remote areas for total assaults (tables 4A.12.15 and 4A.12.23). Data on non-fatal hospitalisations for assaults by jurisdiction, sex and relationship of victim to offender, and by remoteness are in tables 4A.12.16–24.
The report notes that a multitude of interrelated factors that contribute to the occurrence of family and community violence in Aboriginal and Torres Strait Islander populations, including: the trauma attributable to colonisation and dispossession; the breakdown of traditional culture and kinship practices; the removal of Aboriginal and Torres Strait Islander children from their families; experiences of violence, including childhood experience of violence and abuse; low education and income levels and high unemployment levels, welfare dependency; poor and overcrowded housing conditions; poor physical and mental health; and high levels of alcohol misuse and illicit drug use (p.4.100).
Wendt, Sarah, Donna Chung, Alison Elder, Antonia Hendrick and Angela Hartwig, Seeking help for domestic and family violence: Exploring regional, rural, and remote women’s coping experiences – Key findings and future directions (ANROWS, 2017).
This resource is a short summary of a qualitative study examined the experiences of women seeking help for domestic and family violence who live in regional, rural, and remote areas in Australia. The research drew on interviews with 23 women and interviews / focus groups involving 37 managers and practitioners (see Seeking help for domestic violence: Exploring rural women’s coping experiences: Final report for the full report). Many of the key findings relate to the experience of Aboriginal women, for example, Aboriginal women’s dignity and pride being associated with being able to keep their children safe and rely on families (p 3);Aboriginal women using temporary stays at refuges as a way of staying safe (p 3); and social isolation as a result from fleeing partners for safety reasons, causing Aboriginal women to be away from their family and homes (p 7).
Willis, Matthew, ‘Non-Disclosure of Violence in Australian Indigenous Communities’ (2011) 405 Trends and Issues in Crime and Criminal Justice 1.
This article reviews the literature to consider the factors specific to Indigenous Australians that influence individual decisions to disclose violence. The paper suggests that some people may fear negative consequences from reporting: escalation, breach of confidence, reprisals (both from the perpetrator and in the wider Indigenous community, and stigmatisation/ostracism from community), and distrust of police and the justice and government systems. Shame and lack of awareness of services are also identified as factors. In particular the author notes the reluctance to disclose in ‘small, interconnected and isolated communities where anonymity cannot be maintained’ (p4).
Wilson, Mandy, et al, ‘Violence in the Lives of Incarcerated Aboriginal Mothers in Western Australia’ [2017] January-March SAGE Open 1.
‘Drawing on in-depth interviews with incarcerated Aboriginal and Torres Strait Islander mothers in Western Australia, we report on the women’s use of violence in their relationships with others. Results reinforce that Aboriginal women are overwhelmingly victims of violence; however, many women report also using violence, primarily as a strategy to deal with their own high levels of victimization. The “normalization” of violence in their lives and communities places them at high risk of arrest and incarceration. This is compounded by a widespread distrust of the criminal justice system and associated agencies, and a lack of options for community support’ (p.1).
Wiyi Yani U Thangani (Women’s Voices) First Nations Women’s Safety Policy Forum Outcomes Report (2022) Australian Human Rights Commission.
The Wiyi Yani U Thangani First Nations Women's Safety Policy Forum (the Forum) was held virtually on 12 September 2022. It brought over 150 participants together including First Nations community members, practitioners, researchers, specialist experts and government participants to consider how to address the root causes and drivers of violence, as the government prepares to deliver on its commitment to develop a standalone National Plan to End Violence against First Nations Women and Children.
The report recognizes a number of intersecting factors that increase Aboriginal and Torres Strait Islander women’s vulnerability to violence. For example there is evidence that 70-90% of Aboriginal and Torres Strait Islander women in prison have experienced violence, almost 90% of Aboriginal children in out of home care are there because of family violence and First Nations children are imprisoned at 26 times the rate of non-Aboriginal children (p.13). 49% of Indigenous Australians are employed (cf 75% of other Australian) and 30% of First Nations womn care for someone in need (p14).
This project has developed ‘ways of working’ with First Nations people which include: co-design and collaborate; strength-based approach, deep listening, a commitment to self-awareness and reflection, rebalance power, be intersectional, think in context and relationships, be informed by women’s law and culture, be visionary and sustainable and take a healing informed approach. (p19-20).
How violence should be understood:
Research highlights the impacts of colonisation and trauma in a historical sense, as an ongoing intergenerational process, and as perpetuating and causing contemporary issues and cycles of harm. Dispossession of land, separation of families and communities, ongoing marginalisation from racism and discrimination and in particular the forcible removal of children, are historic traumas and continue through current structures. They are deeply linked with the experiences of family violence, serving both as a cause and effect of intergenerational trauma and violent behaviours. (p26)
Policing and the criminal justice system are part of the problem in First Nations family violence matters. Specifically, family violence can be perpetuated by poor and discriminatory system responses to First Nations people experiencing family violence, for example by police, child protection agencies and mainstream services. (p30)
Aboriginal and Torres Strait Islander women are at greater risk of all forms of violence and related death than other Australian women. In 2010 – 2011 to 2020 – 2021: the hospitalisation rates for Aboriginal and Torres Strait Islander women who experienced non-fatal domestic and family violence-related assaults were 29 times the rate for non-Aboriginal and Torres Strait Islander people. First Nations females being 27 times as likely as non-Indigenous females to be hospitalised for assault. Hospitalisation rates increase considerably with remoteness.
Due to social and cultural influences unique to the lives of Aboriginal and Torres Strait Islander people including gender-specific cultural roles and protocols, and experiences of colonisation, dispossession, assimilation, racism and the Stolen Generations, the broader understanding of domestic and family violence applied in other Australian contexts may not fully reflect the experience of Aboriginal and Torres Strait Islander people. An understanding of kinship structures and community histories, particularly in remote communities, may be important where the victim and perpetrator are from different groups and there is a risk of conflict between families or retaliation by the perpetrator’s family. Some communities continue to practise traditional Aboriginal and Torres Strait Islander laws and these may have strict cultural protocols.
The Wiyi Yani U Thangani First Nations Women's Safety Policy Forum identifies that: ‘Research highlights the impacts of colonisation and trauma in an historical sense, as an ongoing intergenerational process, and as perpetuating and causing contemporary issues and cycles of harm. Dispossession of land, separation of families and communities, ongoing marginalisation from racism and discrimination and in particular the forcible removal of children, are historic traumas and continue through current structures. They are deeply linked with the experiences of family violence, serving both as a cause and effect of intergenerational trauma and violent behaviours’.
The extended notion of family and kin in Aboriginal and Torres Strait Islander culture may broaden the scope of relationships affected by or vulnerable to domestic and family violence, which may in turn mean that the abusive behaviours manifest differently in some respects from those in non-Aboriginal and Torres Strait Islander relationships. For example, the abuse may take the form of bullying, shaming, social exclusion, “demand sharing” or “humbugging” (demanding money or food) or “jealousing up” (a person jealous of their partner’s associations with others may deliberately provoke a violent response from their partner). Particularly in this context, both men and women may engage in aggressive behaviours, and be both perpetrators and victims of domestic and family violence. For Aboriginal and Torres Strait Islander women, there is a strong correlation between exposure to violence and their own offending: most who perpetrate domestic and family violence are also victims of physical or sexual violence within their family and kin relationships, as adults, or previously as children.
Aboriginal and Torres Strait Islander women may not report or seek help for the domestic and family violence they experience so as to avoid damaging consequences for themselves, their children and family members. They may fear retribution from the perpetrator or the perpetrator’s family; they may fear the child protection agency will remove their children; they may distrust or fear the police, criminal justice system and mainstream services where they themselves have a record of violence or offending; they may fear the perpetrator will be jailed or that he will die in custody; or they may fear gossiping and shaming by members of the local community. Some Aboriginal and Torres Strait Islander women with children, feeling a duty to keep the family together, may prefer that the violence stops to leaving the perpetrator whom they may continue to feel empathy for and committed to.
A number of other factors may compound the vulnerability of Aboriginal and Torres Strait Islander women to the experiences and impacts of domestic and family violence. They include: geographical remoteness and isolation, overcrowded housing, low incomes, limited access to transport, lack of shelters that cater specifically for Aboriginal and Torres Strait Islander women and children, lack of English literacy and limited availability of interpreters in particular Aboriginal and Torres Strait Islander languages, lack of other support services and related delays in response, more ready access to firearms, higher rates of gambling and alcohol consumption, the practical difficulties in compliance with protection orders in small communities, and the intergenerational continuance of violence. Recent reports have identified extremely high levels of unmet legal need amongst Aboriginal and Torres Strait Islander women. These factors may intersect with the systemic disadvantage, inequality and discrimination, and feelings of shame and hopelessness experienced by some Aboriginal and Torres Strait Islander women resulting in significant challenges and barriers to those women when seeking support and legal redress for domestic and family violence.
Aboriginal and Torres Strait Islander women are at greater risk of all forms of violence and related death than other Australian women. In 2010 – 2011 to 2020 – 2021: the hospitalisation rates for Aboriginal and Torres Strait Islander women who experienced non-fatal domestic and family violence-related assaults were 29 times the rate for non-Aboriginal and Torres Strait Islander people. First Nations females being 27 times as likely as non-Indigenous females to be hospitalised for assault. Hospitalisation rates increase considerably with remoteness.
Due to social and cultural influences unique to the lives of Aboriginal and Torres Strait Islander people including gender-specific cultural roles and protocols, and experiences of colonisation, dispossession, assimilation, racism and the Stolen Generations, the broader understanding of domestic and family violence applied in other Australian contexts may not fully reflect the experience of Aboriginal and Torres Strait Islander people. An understanding of kinship structures and community histories, particularly in remote communities, may be important where the victim and perpetrator are from different groups and there is a risk of conflict between families or retaliation by the perpetrator’s family. Some communities continue to practise traditional Aboriginal and Torres Strait Islander laws and these may have strict cultural protocols.
The Wiyi Yani U Thangani First Nations Women's Safety Policy Forum identifies that: ‘Research highlights the impacts of colonisation and trauma in an historical sense, as an ongoing intergenerational process, and as perpetuating and causing contemporary issues and cycles of harm. Dispossession of land, separation of families and communities, ongoing marginalisation from racism and discrimination and in particular the forcible removal of children, are historic traumas and continue through current structures. They are deeply linked with the experiences of family violence, serving both as a cause and effect of intergenerational trauma and violent behaviours’.
The extended notion of family and kin in Aboriginal and Torres Strait Islander culture may broaden the scope of relationships affected by or vulnerable to domestic and family violence, which may in turn mean that the abusive behaviours manifest differently in some respects from those in non-Aboriginal and Torres Strait Islander relationships. For example, the abuse may take the form of bullying, shaming, social exclusion, “demand sharing” or “humbugging” (demanding money or food) or “jealousing up” (a person jealous of their partner’s associations with others may deliberately provoke a violent response from their partner). Particularly in this context, both men and women may engage in aggressive behaviours, and be both perpetrators and victims of domestic and family violence. For Aboriginal and Torres Strait Islander women, there is a strong correlation between exposure to violence and their own offending: most who perpetrate domestic and family violence are also victims of physical or sexual violence within their family and kin relationships, as adults, or previously as children.
Aboriginal and Torres Strait Islander women may not report or seek help for the domestic and family violence they experience so as to avoid damaging consequences for themselves, their children and family members. They may fear retribution from the perpetrator or the perpetrator’s family; they may fear the child protection agency will remove their children; they may distrust or fear the police, criminal justice system and mainstream services where they themselves have a record of violence or offending; they may fear the perpetrator will be jailed or that he will die in custody; or they may fear gossiping and shaming by members of the local community. Some Aboriginal and Torres Strait Islander women with children, feeling a duty to keep the family together, may prefer that the violence stops to leaving the perpetrator whom they may continue to feel empathy for and committed to.
A number of other factors may compound the vulnerability of Aboriginal and Torres Strait Islander women to the experiences and impacts of domestic and family violence. They include: geographical remoteness and isolation, overcrowded housing, low incomes, limited access to transport, lack of shelters that cater specifically for Aboriginal and Torres Strait Islander women and children, lack of English literacy and limited availability of interpreters in particular Aboriginal and Torres Strait Islander languages, lack of other support services and related delays in response, more ready access to firearms, higher rates of gambling and alcohol consumption, the practical difficulties in compliance with protection orders in small communities, and the intergenerational continuance of violence. Recent reports have identified extremely high levels of unmet legal need amongst Aboriginal and Torres Strait Islander women. These factors may intersect with the systemic disadvantage, inequality and discrimination, and feelings of shame and hopelessness experienced by some Aboriginal and Torres Strait Islander women resulting in significant challenges and barriers to those women when seeking support and legal redress for domestic and family violence.