Policy and legislative approaches need to be disentangled from punitive responses
Indeed, there is now quite an extensive body of literature that clearly illustrates what
has long been known at an Indigenous community level: that typical 'Western'
responses to family violence like women's refuges, criminal justice responses and
programs of a therapeutic nature have mostly been culturally inappropriate and
ineffective. These approaches are largely based on Western models of intervention
that have focused on the separate needs of victims and perpetrators, with a
particular focus on a criminal justice response. The latter is an approach to violence
that largely criminalises violence and relies on the institutionalisation of the offender
to protect the victim. Indigenous community members have consistently criticised
this approach as being irrelevant, discriminatory and a repeat of the kinds of
violence inherent in policies and practises of colonisation.27
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.28 The Victorian Royal Commission into Family Violence heard about the complex
and compounding barriers to reporting violence and accessing support, including,
‘the poor police responses and discriminatory practices within police and child
protection services, …mistrust of mainstream legal and support services to
understand and respect the needs, autonomy and wishes of Aboriginal
victims/survivors, …lack of cultural competency and indirect discrimination across
the support sector, including for example discriminatory practices within police and
child protection agencies, lack of culturally appropriate housing options, alienating
and deterrent communication and client/patient approaches by medical, legal,
community services and other professionals.’29
Children are also frequently removed during criminal justice interventions around family violence which
often means placing them in institutional care arrangements that further traumatise them and are often
in fact not safe. The child protection system often results in ‘a substantial disruption to a child’s
education and emotional development; their connection to language, culture and community; and their
physical, mental and emotional wellbeing.’30 Several studies have also pointed to the link between
experiences of violence for First Nations children and increased incidences of family violence,
incarceration, and poor social and emotional wellbeing throughout life.31
Wiyi Yani U Thangani • First Nations Women’s Safety Policy Forum • Outcomes Report | 30