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Smarter data: the use and utility of administrative data in Victorian courts and tribunals
H M McDonald, C Kennedy, T Hagland & L Haultain | Victoria Law Foundation
December 2021
RESEARCH REPORT | This report forms a part of the Victoria Law Foundation's (VLF) Data Mapping Project. Having commenced in 2019, the project’s aim is to identify and examine the available data across key parts of the Victorian civil justice system. This report is the second report in the project’s series, and examines data collected by Victorian courts and tribunals. The report found that Victorian courts and tribunals vary in their approach to data collection and the use of that data. The data generally collected and used by Victorian courts and tribunals includes basic litigant or user information, legal matter type, stage, outcome and manner of disposal, and this data is used for operational and reporting requirements. The extent to which user-focused data was collected by Victorian courts and tribunals varied significantly. The authors note that, although improvements have been made in data use and utility over the last 15 years, there is room for further improvement.
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Reforming police oversight in Victoria
Victorian Aboriginal Legal Service
January 2022
POLICY BRIEF | This policy brief contains recommendations from the Victorian Aboriginal Legal Services (VALS) for the reform of Victoria's police oversight system. The brief is written following the systemic review of police oversight carried out by the Victorian government in 2021 as a result of a Parliamentary Inquiry into police oversight in 2018 and the Royal Commission into the Management of Police Informants in 2020. The brief focuses on key components of the police oversight system, namely: a police complaints system that provides thorough, culturally appropriate and independent investigation of all complaints; independent and culturally appropriate investigation of police contact deaths; independent monitoring and auditing of the exercise of police powers; independent oversight of police places of detention; and accountability for implementing recommendations relating to police. The brief sets out eight key recommendations related to these core components.
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The effect of parole supervision on recidivism
E.J Ooi and J Wang | NSW Bureau of Crime Statistics and Research (BOCSAR), Sydney
February 2022
RESEARCH | This report by NSW Bureau of Crime Statistics and Research (BOCSAR) investigates the recidivism outcomes for prison inmates released to parole as compared to those released unconditionally. The study uses an instrumental variable approach to measure the impact of parole on recidivism, the instrument being the variations in sentencing by Local court magistrates. It measures the following three recidivism outcomes within 12 and 24 months: re-conviction with a new, proven offence of any type; re-conviction with a new personal, property or serious drug offence; and re-imprisonment. The study found that those released to parole are significantly less likely to re-offend and be re-convicted, which persists 24 months after release from prison.
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Domestic and Family Violence
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Future-proofing safety
Centre for Family Research and Evaluation, Centre for Innovative Justice & Australian Institute of Family Studies
February 2022
RESEARCH | This interactive report by the Centre for Family Research and Evaluation (CFRE), in partnership with RMIT University’s Centre for Innovative Justice (CIJ) and the Australian Institute of Family Studies (AIFS), is a part of a major research project investigating how family violence in Victoria has changed since the COVID-19 pandemic began. The report presents three organisational case studies, examining how family violence in the pandemic changed for clients accessing the services of three organisations. De-identified data from each organisations' client record management system was collected and analysed, comparing data from clients accessing services prior to the COVID-19 pandemic, to those accessing services during the pandemic. Across these organisations, the study found that there was an increase in clients accessing family violence services, and clients were engaged for longer, or for more hours. During COVID-19, it also found there was an increase in brokerage, which helped meet emergency needs of clients, and that services moved online and outreach services increased. As to what client needs were during COVID-19, it found that, across the case studies, clients presented a high mental health risk during COVID-19, that there was increased risk of homelessness amongst clients, and that clients had complex co-occurring needs.
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Economic insecurity and intimate partner violence in Australia during the COVID-19 pandemic
A Morgan & H Boxall | Australia’s National Research Organisation for Women’s Safety (ANROWS), Sydney
February 2022
REPORT | This study investigates the relationship between economic insecurity and women’s experiences of intimate partner violence (IPV) in the context of the COVID-19 pandemic in Australia. The report analyses findings from a survey of 10,000 women in Australia aged 18 years and over, administered between February and April 2021. Based on the reports of those surveyed the authors note that economic insecurity was associated with an increased likelihood of IPV among women. Economic disparity within relationships, even in the absence of economic insecurity (such as situations where women were the main income earners), was also associated with IPV. Consistent with other research, there was also clear evidence that the economic consequences of the COVID-19 pandemic was associated with the onset and worsening of IPV.
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Spaceless violence: Women's experiences of technology-facilitated domestic violence in regional, rural and remote areas
B Harris & D Woodlock | Australian Institute of Criminology, Canberra
February 2022
RESEARCH | This study by the AIC investigates the impact of technologically facilitated violence on victims-survivors of intimate partner violence in regional and rural areas of New South Wales, Victoria and Queensland. As a part of the study, semi-structured interviews and focus groups were conducted with 13 victim-survivors. Victim-survivors reported that perpetrators used technology as a part of control and intimidation tactics, with technological abuse occurring in relationships and escalating post separation. Examples of technological abuse included sending or posting abusive messages, monitoring activities or communications of a victim-survivor, publishing private and identifying information, and publishing sexual content without consent. Interviewees reported that this abuse greatly affected their well-being and mental health. Living in remote areas, geographic and social isolation were identified by interviewees as significant obstacles to seeking help and exiting abusive relationships. Moreover, as a result of technologically facilitated violence, some women did not always feel safe or comfortable accessing support services via digital means.
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Giving voice to the silenced victims: A qualitative study of intimate partner femicide
L Eriksson, P Mazerolle & S McPhedran | Australian Institute of Criminology, Canberra
March 2022
RESEARCH | This report contains qualitative research conducted by the Australian Institute of Criminology (AIC) of intimate partner femicide (IPF). In-depth Interviews were conducted with eight family members and friends of IPF victims who had been killed in Queensland or New South Wales. Interviews were conducted over the phone or in person and recorded, with the transcribed data then analysed for key patterns and themes. The research identified several themes amongst these cases. It found that although six out of the eight victims had experienced a form of physical intimate partner violence, some had been reluctant to label this as 'abuse'. All of the victims had experienced some form of coercive control. Furthermore, across all cases, the victims appeared to be trying to maintain or regain autonomy, with four victims having formally separated from their partners at the time of their deaths.
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RECOVER – Reconnecting mothers and children after family violence: the child–parent psychotherapy pilot
L Hooker et.al | Australia’s National Research Organisation for Women’s Safety (ANROWS), Sydney
March 2022
RESEARCH | This report contains research conducted by ANROWS as to the feasibility of implementing child–parent psychotherapy (CPP -a relationship-focused treatment for those who have experienced trauma) in Australia for children and their mothers affected by IPV. The study recruited eighteen pairs of mother and child with recent exposure to IPV, who consented to and received treatment by CPP therapists-in-training. The median number of treatments per mother and child was 23, with treatment time being around six months. Positive changes were found in child behaviour and parental warmth. Findings also showed that women experienced less IPV post-intervention, although the authors note that further research is required to explore this particular outcome with a larger sample size. On the basis of the study’s findings, the report outlines implications and recommendations for policymakers within this area.
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Youth Justice Indicators summary report: December 2021
Ministry of Justice (New Zealand)
January 2022
REPORT | This report by the New Zealand Ministry of Justice provides insight into trends and issues within the youth justice system in New Zealand. Analysing police data from 2010 to 2021, the report identifies trends in youth offending. The report found that, from 2010/11 and 2020/21, offending rates for children (aged between 10 and 13) and young people (aged 14 to 16 prior to 1 July 2019, and 14 to 17 from 1 July 2019) declined 65% and 63% respectively. As to young offenders appearing in the Youth Court of New Zealand, the number of Māori young people reduced by 51% from 2016/17 to 2020/21, whilst European/Other young people reduced by 45%. However, the report found that, whilst there had been improvements in some areas, large differences still exist in offending rates between Māori and European/Other children and young people. For example, offending rates for Māori children and young people were 6.3 and 4 times higher than European/Other children and young people respectively.
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Age of criminal responsibility
T Drabsch | Parliamentary Research Service (NSW)
March 2022
BRIEFING PAPER | This e-brief provides an overview of the current law regarding the age of criminal responsibility in NSW. It notes recent consideration of the issue by the Meeting of Attorneys-General, and the introduction of the Children (Criminal Proceedings) Amendment (Age of Criminal Responsibility) Bill 2021 to the NSW Parliament by David Shoebridge MLC. It refers to recent inquiries, parliamentary and otherwise, that have considered the age at which criminal responsibility should apply. It discusses issues to be considered and approaches that may be adopted should NSW pursue reform in this area.
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Legal Support for Litigants in Person Grant (LSLIP), Mid-Grant Review, December 2021
P Welham and W Dugdale | Ministry of Justice (UK)
January 2022
REPORT | This interim report outlines data and evidence collected by the Legal Support for Litigants in Person Grant (LSLIP) in the United Kingdom. The LSLIP is a two-year grant from Ministry of Justice, administered with the assistance of the Access to Justice Foundation, which has funded 11 projects across England and Wales that deliver advice to litigants. This advice has been provided to litigants in person within areas of civil and family law, at a local, regional and national level. Between October 2020 and June 2021, LSLIP local and regional grantees had advised 7,700 clients with 8,300 legal issues. The majority of these issues were for family, employment or housing problems. The interim data from the local and regional grantees suggests that the advice and support has resulted in improved client outcomes. For instance, it was found that 93% of clients increased their understanding of their problem and that it might have a legal resolution. The report acknowledges that the findings are based on interim data with varying sample sizes, and that further data is required to support its findings.
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The effectiveness of crisis and post-crisis responses for victims and survivors of sexual violence: an overview of findings from reviews
D Coates, M Koleth & L Hamilton | Australia’s National Research Organisation for Women’s Safety (ANROWS), Sydney
March 2022
SYSTEMATIC REVIEW | This report by the Australia's National Research Organisation for Women's Safety (ANROWS) provides an overview of the state of the evidence in relation to the effectiveness of crisis and post-crisis interventions for victims and survivors of sexual violence. Systematic reviews were assessed for inclusion by a search of multiple sources from the period January 2010 to October 2020, with nine reviews identified for inclusion. The report found that these reviews were largely limited to interventions seeking to improve collaboration between different service responses (such as health and legal) and responses by health practitioners. The most commonly evaluated interventions were found to be sexual assault response teams (SARTs) and sexual assault nurse examiner (SANE) programs. From the analysis of these reviews, the report identifies key factors that the reviews associated with the effectiveness of crisis and post-crisis responses. On the basis of the research, the authors state that more evidence is required to evaluate the effectiveness of responses to sexual violence, and provide specific recommendations for future research.
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About this newsletter
JARA is a free email alert service covering recent research in the area of access to justice and legal need. JARA entries are publications identified by Foundation staff rather than the product of a systematic search or review. Foundation staff have produced the summaries based on the original publications. The summaries do not necessarily reflect the views of the authors or the Law and Justice Foundation. Your feedback is important to us. If you have any comments or suggestions please email us at publications@lawfoundation.net.au
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