The Inquiry acknowledges the effective nature of the current system and the preventive role it plays in addressing disharmony and social disorder. With matters of family violence a slightly different approach is advocated. In relation to punishments two different approaches should be considered as opposed to immediate financial penalties. The first is through suspending such a fine for a specified period of time and if the perpetrator is not found to carry on the abusive behaviour for that time then it is not paid. However, if they do re-offend then their family is required to pay not only the original fine but any subsequent penalty for the latest act. This approach would take into account the ongoing nature of family violence and encourage its cessation without posing immediate additional financial hardships. A similar tactic would be to utilize community based punishments, rather than monetary based ones. Not only would the avoidance of financial hardships be avoided but the village would also benefit through the community service subsequently carried out. A combination of these two approaches could also be effective. In relation to banishment the potential risk for further harm it leads to cannot be justified and its use in relation to matters of family violence is strongly suggested to be stopped. This view was widely supported throughout the Inquiry consultations, suggesting that it is time that Village Fonos started to consider reform in this area, as some already have started to do in relation to both this and monetary penalties. “One of the things I am trying to incorporate in my village is to limit monetary punishments and try to address the root causes and behaviours that have led to the action. I am (also) trying to work towards eliminating banishment. If you banish people they just go into another village.” Lualua Tautu, matai participant, Inquiry public hearings RECOMMENDATION 31: Empower the Village Fono / Village Family Safety Committee to play a direct role in the protection of individual cases of family violence through provision of shelter for victims and appropriate penalties for perpetrators.    Allocation of designated shelters for victims of family violence by the Village Family Safety Committee Introduce by-laws outlining punishments for family violence matters based on suspended fines and/or community based punishments. Consider eliminating the general use of banishment for cases of family violence unless clearly justified. 15.4 Church

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