Meeting the needs of victim-survivors

The South Australian government develop and implement a flexible funding model for the operationalisation of the needs assessment and management components of the South Australian Risk Assessment and Management Framework. The model must:

a.
fund the case management work to be undertaken by domestic, family and sexual violence organisations when connecting a victim-survivor with services to meet the needs identified during the needs assessment process
b. allow for flexible use to meet each victim-survivor’s individual needs
c. operate separately to funding already available within the domestic, family and sexual violence system for housing outcomes and via the Leaving Violence Program
d. provide a loading for services and victim-survivors located in regional and remote areas in recognition of the increased costs of service provision in those areas.

The South Australian government develop, implement and maintain an adult victim-survivor statewide referral network and a child and young person statewide referral network that:

a. is co-designed with the Lived Experience Advisory Networks
b. prioritises the identification of, and referral pathways to, services.

The South Australian government fund the establishment and/or commissioning of services identified during the co-design processes (see Recommendation 98) that are not currently available.

The South Australian government, in partnership with the Child and Young Person Lived Experience Advisory Network, consider the need for law reform to remove parental consent as a barrier to seeking help and accessing services for children and young people. The parental consent review must include an examination of children and young people’s access to statutory and legal services, health services, homelessness services and domestic, family and sexual violence services. The review should consider the applicability of the Gillick competency test as a means to overcome these and other relevant barriers, including in circumstances where unprotective parents and guardians are restricting access to crisis and support services.

The South Australian government commission a review of the statewide availability and accessibility of the Child and Adolescent Mental Health Service, the Youth Mental Health Service, the Intensive Therapeutic Care program, My Place and other domestic, family and sexual
violence health services. The review is to:

a. Examine eligibility criteria, referral pathways, wait times and unmet need across South Australia, with a particular focus on children and young people living in regional and remote locations and all children under Guardianship;
b. Identify the system gaps experienced by 15 to 18 year olds requiring access to youth mental health services and domestic, family and sexual violence health services;
c. Consider whether the current fly-in-fly-out model is meeting the needs of children and young people on the APY lands and other remote areas of South Australia;
d. Make recommendations aimed at improving statewide access to mental health supports and domestic, family and sexual violence health services for all South Australian children and young people up to 18 years of age.

The review’s recommendations are to inform a concerted effort by SA Health to improve statewide access to the identified health supports for children and young people who have experienced domestic, family or sexual violence, with oversight provided by the Implementation and Impact Monitor.

The South Australian government review the Safe at Home and Safer in the Home programs,
with a view to streamlining and finding efficiencies. Following the review, the South Australian government provide a funding uplift to the Safe at Home program, with a view to:

a. increasing eligibility to include medium to high-risk domestic and family violence, inclusive of LGBTQIA+ people and male victim-survivors
b. providing short-term case management and referral to aid victim-survivors in their ongoing recovery journey
c. increasing the program’s capacity to identify and respond to technologyfacilitated abuse
d. providing an additional loading to regional and remote areas in recognition of increased cost and complexity.

Accommodation and housing

The South Australian government conduct a statewide audit of crisis, emergency and transitional accommodation available for all people experiencing domestic and family violence. The terms of the audit are to be developed in consultation with an organisation with expertise in infrastructure accessibility for people with disability and the audit is to ascertain:
a. the quantity of accommodation options in each region
b. the type, size, style and condition of the accommodation
c. the accessibility and safety features of the accommodation
d. any eligibility criteria operating in relation to the accommodation
e. the suitability of the existing accommodation for pets
f. the availability and use of purchased accommodation in each region.

The South Australian government develop, implement and maintain a statewide domestic,
family and sexual violence accommodation register, aimed at maximising the use of suitable accommodation statewide.

The South Australian government develop and implement a 10-year domestic and family violence accommodation investment plan with a corresponding investment fund. The plan is to include short-, mediumand long-term investment goals, including to:

a. in the short term:

  1. maintain any properties that are vacant due to lack of repairs
  2. install accessibility features for properties that can accommodate people with disability with modification
  3. identify opportunities to provide safe, inclusive accommodation options to adolescent boys and LGBTQIA+ people
  4. install modifications to make suitable properties pet friendly
  5. invest in supported crisis and transitional accommodation for unaccompanied young people experiencing violence
  6. begin the purchase or construction of additional housing stock in priority regions identified in the audit as having inadequate coverage

b. in the medium term:

  1. complete the purchase or construction of additional housing stock in priority regions identified in the audit as having inadequate coverage
  2. begin the purchase or construction of accommodation for people using violence, in regions identified in the audit as having the greatest feasibility
  3. ensure that domestic, family and sexual violence accommodation is made available for a broader diversity of South Australians

c. in the long term:

  1. purchase, build and maintain accommodation for people experiencing domestic, family or sexual violence, to meet statewide demand, with the phasing out of the use of purchased accommodation
  2. purchase, build and maintain accommodation for people using violence in strategic locations across South Australia, integrated with services that deliver intervention and support programs.

The South Australian government to prioritise specialist Aboriginal Community Controlled Organisations’ delivery of specialist domestic, family and sexual violence services and accommodation in relevant regional and remote locations, while ensuring that all South Australians remain eligible for services and accommodation in their regions.

The South Australian government review homelessness mutual obligations for people experiencing violence, with a view to waiving or reducing these obligations for people experiencing violence until they are out of their acute crisis phase.

The South Australian government conduct a scoping and feasibility study for the development of a supported accommodation site or sites for people experiencing violence on the APY Lands, and commit to implementing the most appropriate approach identified. The scoping and feasibility study is to:

a. be conducted in consultation with relevant stakeholders living and working on the APY Lands
b. be carried out in conjunction with the scoping and feasibility study for accommodation for people using violence (see Recommendation 82)
c. identify a clear pathway forward for increased safety on the APY Lands, through the development of supported accommodation for people experiencing violence and/or accommodation for people using violence.

The South Australian government:
a. conduct a review of available service delivery models to provide all children and young people
presenting to the Domestic and Family Violence Safety Alliance services with a response in their
own right
b. fund the implementation of the most appropriate service delivery model identified in the review.

The Minister for Consumer and Business Affairs undertake a review of the domestic abuse provisions within the Residential Tenancies Act 1995 (SA), in consultation with domestic, family and sexual violence services and the Lived Experience Advisory Networks, to determine whether they provide appropriate protection and support for people experiencing violence.

Accessible, inclusive and culturally safe services

The South Australian government resource the Commissioner for Equal Opportunity to co-design service accreditation frameworks for domestic, family and sexual violence service providers with priority population groups.

The South Australian government provide ongoing funding for LGBTQIA+ domestic, family
and sexual violence workers to address the unmet need for specialist support and advocacy
for South Australian LGBTQIA+ victim-survivors.

The South Australian government resourcethe establishment of Family Violence Disability
Liaison Officers aligned with the functions performed by the equivalent positions at Safe
Steps in Victoria to ensure all domestic, family and sexual violence services are accessible to
people with disability.

The court experience for victim-survivors

The South Australian government resource the Courts Administration Authority to
establish vulnerable witness suites with appropriate technology, infrastructure and staffing in a non-court building in metropolitan Adelaide.

The South Australian government undertake an audit of existing government buildings to
identify opportunities to establish vulnerable witness suites in regional locations with a court presence.

The South Australian government resource the Courts Administration Authority to develop domestic, family and sexual violence safety standards for court infrastructure, informed by the Commissioner for Victims’ Rights and victim-survivors with lived experience of the justice system. The new minimum safety standards should be used to inform a 10-year capital works plan.

The South Australian government establish a capital infrastructure fund for the Courts Administration Authority to meet the minimum standards via a staged approach.

Court information

The South Australian government resource the Courts Administration Authority to develop and
implement an accurate, timely, accessible and victim-centred information sharing mechanism
that meets the differing needs of adults, children and young people.

The Attorney-General consult on reforms to require prior written notice of all bail
applications. The consultation must include consideration of amendments to enforce
compliance with section 10(4) of the Bail Act 1985 (SA) and section 7 of the Victims of Crime
Act 2001
(SA).

Court supports

The South Australian government establish and fund a pilot for a free statewide,
professionally facilitated peer-support program for victim-survivors of sexual violence over the
age of 16 years who are currently involved in the criminal justice system. The pilot should be:

a. run by an experienced and evaluated peer support service, independent from government
b. accessible, inclusive and culturally safe
c. evaluated, and consideration given to further expansion.

As part of the pilot, the Attorney-General consider progressing amendments to the definitions in section 67D of the Evidence Act 1929 (SA) to include communications during peer-support sessions as ‘protected communications’ under the Act.

The South Australian government resource a witness intermediary scheme for people with complex communication needs that are engaged with the criminal justice system in South Australia.

Court delays

The Courts Administration Authority collaborate with South Australia Police, the Office of the
Director of Public Prosecutions, Forensic Science SA and the Legal Services Commission (and any other relevant agency) to:

a. develop a joint budget bid for the expansion of the Criminal Priority Programme to include all domestic, family and sexual violence major indictable trials, and
b. include identification of the costs associated with including trials for the proposed new coercive control offences within the pilot’s expansion.

The South Australian government commission research similar to that conducted by the New
South Wales Bureau of Crime Statistics and Research, and consider how eligibility for and
limitations around judge-alone trials operate in other jurisdictions, with a view to assessing
whether amendments to the current South Australian approach should be made.