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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 VIOLENCE AND FAMILY LAW IN AUSTRALIA: THE EXPERIENCES AND VIEWS OF CHILDREN AND ADULTS FROM FAMILIES WHO SEPARATED POST-1995 AND POST-2006
DASHBOARD METADATA
Geographic Coverage | Frequency | Data Availability |
National
New South Wales
Victoria
Queensland
Western Australia
South Australia
Tasmania
ACT
Northern Territory
Regional
LGA
ASGC Remoteness
Other |
|
More than annual
Annual
2-4 yearly
Less than 5 yearly
Once only
Ad hoc |
|
Detailed publication / report publicly available
Data cubes / spreadsheets publicly available
Agency annual report
Customised data - free upon request1
Customised data - charged consultancy1
Not published - may be available on request1
Not publicly available |
|
[1] May be subject to release conditions
DETAILED METADATA
Contact
Data custodian: Australian Government Attorney-General’s Department.
Agency responsible for collecting the data: Monash University, University of South Australia and James Cook University.
Contact for data access requests: Australian Government Attorney-General’s Department, Commonwealth Copyright Administration
Address: 3–5 National Circuit, Barton, ACT, 2600
Telephone: 02 6141 6666
Facsimile: n/a
Email: n/a
Internet: http://www.ag.gov.au
Contact for questions about the research: Associate Professor Dale Bagshaw, University of South Australia
Telephone: 08 8302 4864
Email: Dale.Bagshaw@unisa.edu.au
Publications
http://www.ag.gov.au/www/agd/agd.nsf/Page/Families_FamilyRelationshipServicesOverviewofPrograms_ResearchProjectsonSharedCareParentingandFamilyViolence?open&query=Family%20violence%20and%20family%20law
Purpose
To examine the impact of family violence, which had occurred before, during and or after parental relationship breakdown, on post-separation decision-making and arrangements as viewed by children and parents.
Description
This research project sought to discover parents’ and children’s perspectives on:
- The effect that a history or existence of violence within the relationship has on the decisions that people make about accessing the courts and dispute resolution services;
- The effect that a history or the existence of violence within the relationship has on the decisions people make while they are at court and at dispute resolution services;
- The effect that a history or the existence of violence within the relationship has on post-separation parenting arrangements.
Since the brief included considering the impact of the Family Law Amendment (Shared Parental Responsibility) 2006 (Cth), the research sought views from parents and children from 1995 to the present time to enable a comparison to be made between the period prior to the introduction of the amendments and the period afterwards.
Collection Type
Survey
Family and Domestic Violence related content (data items collected)
Data Item | Respondent
(Victim1) | Respondent
(Secondary victim1) | Offender |
Demographics |
Age | | | |
Sex | | | |
Indigenous Status | | | |
Disability | | | |
Country of Birth | | | |
Language spoken | | | |
Employment | | | |
Education | | | |
Income | | | |
Geography |
Location (urban, rural, remote) |
Location (urban, rural, remote) | |
Other |
Race and ethnicity of self |
Race and ethnicity |
Race and ethnicity of ex-partner |
Personal data items |
Services used / referrals to services
counselling
legal
financial
housing
crisis
other |
Community, health, employment, education, protective services;
Views of services and service providers |
Access to police, FRSP services, other community service providers, neighbours, extended family, friends;
Views of services and service providers | |
Health factors
pregnancy
alcohol use / substance use
mental illness | | | |
FDV-related perceptions
satisfaction with police response
seriousness/ regarded as criminal
whether problem in neighbourhood
feelings of safety / fear |
Views and understandings of violence and its risks to self and children |
Views and understandings of violence witnessed in their family and risks to them
Perceptions of their ability to remain safe and to feel protected within their families
Perceptions of sources of protection and safety for them when violence occurs;
Understandings of issues of abuse and the effects of abuse on them and their parents | |
Prior history of victimisation / offending |
Longevity, frequency, types, nature and extent of any violence and associated levels of fear and intimidation, power and control |
Longevity, frequency, types, nature and extent of any violence and associated levels of fear and intimidation, power and control | |
Known outcomes
application for violence order
violence order issued
offender charged
offender went to court
offender found guilty
offender sentence type
child protection involvement
time off work / economic costs
medical treatment received / type
changed routine
other | |
Effects of any violence on them, and their perceptions of the effects on their parents | |
Other personal data items |
Length of relationship with ex-partner;
Who initiated the separation;
Nature of relationship prior to separation;
Reasons for relationship breakdown;
Views of self and partner as parents;
Views of children’s welfare and/or safety;
Effects of any allegations or denials of family violence on them and their children;
Understanding of and attitudes to family law and their rights and entitlements, pre- and post-contact with the system;
Views on the relationship between family violence, shared care and child support provisions |
Length of parent’s separation;
Views of their parents’ involvement in their lives;
Views of themselves, their siblings and their family situation;
Understanding of their rights as children;
Understandings of the family law system and its functions | |
1 Respondent may or may not have experienced FDV.
Data Item | Incident |
Location
home
workplace
school/place of education/institution
public place
other | |
Relationship between parties
married/de facto spouse
current / former partner/boyfriend/girlfriend
parent-child
sibling
other member of household
other relatives
relationships of personal or financial dependency | |
Weapon use
type of weapon | |
Alcohol involved
Substance use involved | |
Physical injury sustained
type of injury | |
Reported to police
reasons for not reporting | |
Other | |
Definition of Family and Domestic Violence
This research included Domestic Violence and / or child abuse.
Aspects of FDV included in the data are:
- Physical abuse
- Sexual abuse
- Psychological /emotional abuse
- Economic abuse
- Social abuse
- Control
- Neglect
Relationship to Conceptual Framework for Family and Domestic Violence (Cat. No. 4529.0)
Collection methodology
The research design included a number of different data collection strategies aimed at collecting data first-hand from parents and children who had experienced parental relationship breakdown, with and without family violence. The data collection strategies comprised:
- an online survey for parents (n=931)
- an online survey for children(n=105; 68 completed)
- two phone-ins for adult (n=105) and child (n=12) victims of family violence, one in South Australia and one in Queensland
- a call-back to a small sample of the online adult respondents who volunteered to be contacted (n=33).
Scope / target population
The four target populations identified were:
- people who attended a Family Relationship Centre or another family dispute resolution provider
- people who accessed the court system (instead or as well)
- those who did not access either system (but who may or may not have accessed other services)
- children of the above groups of parents where family violence had been or was continuing to be experienced.
Coverage
n/a
Geographic coverage and disaggregation
National - all states and territories, with respondents from cities, regional cities and towns, rural and remote areas in proportion to the distribution of the population in Australia.
Data available for:
Australia
Other - Capital city; Regional town or city; Rural areas & remote areas
Frequency / Timing
Once only
Collection history
Collection commenced: 2009
Publication released: April 2010
Other details: n/a
Data availability / Dissemination
Requests for further access to data can be made to the Australian Government Attorney-General’s Department.
Other data sources held by this agency
Aboriginal and Torres Strait Islander Legal Services (IRIS)
Community Legal Services Information System (CLSIS)
Shared care parenting arrangements since the 2006 Family Law Reforms: Report to the Australian Government Attorney-General’s Department.
Has this data source changed?
Contact the ABS to report updates or corrections to the information above.
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