The South Australian government resource the Courts Administration Authority to establish a support worker service connected to the Family Violence Court (and regional courts that do not have a Family Violence Court) to provide non-legal advice and support to parties to an
intervention order:

a. The role description should not be limited by mandatory qualification requirements; however, on appointment, support workers should be required to undertake appropriate domestic, family and sexual violence training.
b. Support workers should be available to provide information during Family Violence Court sittings and to provide follow-up contact where appropriate to ensure that the terms and effect of the intervention order are understood.
c. A service model for the APY Lands should be developed and implemented.

The Courts Administration Authority and South Australia Police develop and implement a model to deliver consistent, clear and accessible information to protected persons and respondents about the terms and effect of an intervention order as required by section 17 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA). The model should either be:

a. set out in South Australia Police General Orders and court practice notes, or
b. prescribed in the Intervention Orders (Prevention of Abuse) Act 2009 (SA), consistent with the approach taken in section 110 of the Domestic and Family Violence Prevention Act 2012 (Qld).

The Attorney-General, in consultation with the Commissioner of Police, explore amendments to
the Intervention Orders (Prevention of Abuse) Act 2009 (SA) to create a time-limited vacate order.

The South Australian government task the working group (see Recommendation 6) with identifying the resources needed to reduce the maximum number of intervention order proceedings considered by a Family Violence Court or regional Magistrates Court to an agreed benchmark per sitting day.

The Attorney-General explore amendments to the Intervention Orders (Prevention of Abuse) Act 2009 (SA) to further strengthen section 23(1a).

The Courts Administration Authority consider changes to intervention order application
forms to include an option to apply for changes to parenting orders, consistent with recommendation 3 of the Family Violence Orders Report.

The mandatory judicial education and training framework (see Recommendation 42) include
training on the use of section 68R of the Family Law Act 1975 (Cth).

South Australia Police amend its General Orders and Prosecution Practice Notes to ensure that the safety of children, and their inclusion on intervention orders, is a priority for police and police prosecutors.

The Attorney-General progress amendments to the Intervention Orders (Prevention of
Abuse) Act 2009 (SA) to include a rebuttable presumption that children should be included
on intervention orders.

The South Australian government work with the Australian government to reinvigorate the work of the National Personal Protection Injunction Working Group on federal family violence orders through the Standing Council of Attorneys-General.

The Attorney-General progress amendments to:
a. section 46 of the Criminal Law Consolidation Act 1935 (SA) to expand the list of circumstances in which a person is taken not to consent to sexual activity. The amendments should take into account the feedback received from the SA Consent Review.
b. the Evidence Act 1929 (SA) to:
i. expand the list of jury directions in section 34N to include directions about other common myths and misconceptions. The amendments should take into account the feedback received from the SA Consent Review.
ii. provide for jury directions to be made in proceedings for domestic and family violence–related offences to address myths and misconceptions about domestic and family violence. The jury
directions should be modelled on the Evidence Act 1906 (WA).

The Attorney-General progress amendments to the Intervention Orders (Prevention of Abuse) Act 2009 (SA) to introduce an offence of facilitating a breach of a domestic violence order on behalf of the respondent to the intervention order. The new offence should be limited to adults to ensure that children and young people are not inadvertently criminalised due to coercion from parents or family members.

Consideration should also be given to amendments to the Security and Investigation Industry Act 1995 (SA) to make it clear that a conviction for this offence would disqualify a person from holding an investigation agent’s licence.

The Attorney-General undertake a review of how character evidence is being used in sentencing and at trial for domestic, family and sexual violence offences, with a view to ensuring that the laws reflect current research and evidence about the nature of domestic, family and sexual violence and the people who use that violence. The review should take into account any recommendations of the NSW Sentencing Council in its review of the law relating to the use of good character evidence in sentencing proceedings.

The South Australian government, in collaboration with the Department for Correctional Services and the Courts Administration Authority, develop minimum standards to apply to any government-funded intervention or behaviour change program for domestic, family and sexual violence. The minimum standards are to:

a. align with the current (and any future) National Outcome Standards for Perpetrator Interventions
b. ensure that intervention programs are evidence based, using effective psychological and/or psychosocial approaches
c. ensure that intervention programs are trauma informed and take an intersectional approach
d. ensure that all intervention programs are relevant, inclusive, accessible and culturally safe
e. ensure that intervention programs correspond with partner contact programs.

The South Australian government provide ongoing resourcing and support for a Community of Practice for services and workers providing intervention programs for people using domestic, family and sexual violence.

The South Australian government scale up the Abuse Prevention Program and provide it with ongoing resourcing to sufficiently meet statewide demand, including for out-of-hours programs and greater capacity to conduct timely assessment. The expanded program should:

a. include interventions targeted at:
1. LGBTQIA+ people using violence
2.  women using violence, including Aboriginal women using violence

b. provide funding for associated partner contact programs
c. include pre-program readiness work to ensure participants have clear expectations and are prepared to engage constructively
d. address the challenges identified in the Abuse Prevention Program evaluation report.

The South Australian government scale up the Cross Borders Program and provide it with ongoing resourcing to sufficiently and sustainably meet statewide demand. The expanded Cross Borders Program should include culturally appropriate programs suitable for Aboriginal women using violence.

The South Australian government provide ongoing resourcing to the Department for Correctional Services to develop and implement an intervention program or programs for people on remand for domestic and family violence offences. The funding is to include programs for people exiting remand into t

The South Australian government provide ongoing resourcing for the Courts Administration Authority and the Department for Correctional Services to adopt a continuous improvement model for all domestic, family and sexual violence programs, ensuring that the programs are evaluated for impact and outcomes, monitored for demand, and adjusted to ensure successful operation.

As part of the statewide domestic, family and sexual violence accommodation audit (see Recommendation 103), the South Australian government ascertain:

a. the current availability of accommodation for people using violence in each region
b. the potential demand for accommodation for a diversity of people using violence in each region
c. the availability of a suitable workforce to support people using violence
d. the availability of referral pathways for people using violence.

The South Australian government include accommodation for people using violence as part of the statewide domestic, family and sexual violence accommodation register (see Recommendation 104), ensuring that it is carefully delineated and physically separated from accommodation for people experiencing violence.

The South Australian government invest in supported accommodation for people using violence, as part of the 10-year domestic, family and sexual violence accommodation investment plan (see Recommendation 105). The supported accommodation for people using violence must:

a. provide sufficient support for, and oversight of, people using violence
b. provide and/or have referral pathways into programs to address violence, trauma, mental health, substance misuse and problem gambling
c. include provision of supported accommodation for Aboriginal people using violence that is culturally relevant and culturally safe, and preferably delivered by, or in partnership with, an Aboriginal Community Controlled Organisation(s).

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

a. be conducted in consultation with relevant stakeholders living and working on the APY Lands
b. be conducted with input from the Department for Correctional Services and Cross Borders Program
c. be carried out in conjunction with the scoping and feasibility study for accommodation for people experiencing violence (see Recommendation 108)
d. identify a clear pathway forward for increased safety on the APY Lands through the development of supported accommodation for people using violence and/or accommodation for people experiencing violence.

The South Australian government develop and pilot a domestic and family violence diversionary scheme in at least one metropolitan and one regional Family Violence Court, leveraging the enhanced Abuse Prevention Program (Recommendation 75) as a foundation for the
scheme. The pilot scheme is to:

a. be referred into at the magistrate’s discretion, subject to the view and needs of the victim-survivor
b. require the person using violence to accept responsibility for their behaviours (not amounting to an admission of guilt should the diversion be unsuccessful and the matter returned for trial)
c. be available to a diversity of people using violence, leveraging the enhanced Abuse Prevention Program
d. refer suitable participants into a relevant Abuse Prevention Program (with suitability determined by factors including readiness and any co-occurring needs)
e. include referral pathways for co-occurring needs such as mental health, substance misuse and problem gambling where relevant
f. involve suspension of relevant charges during the course of the diversion
g. include joint progress reports to the court provided by both the intervention program provider and contact program provider, along with a periodic check-in with the magistrate
h. be supported by relevant bail agreements and intervention order conditions through the duration of the diversion
i. allow defendants who have successfully completed the diversion to avoid conviction for the substantive offending, otherwise return defendants who have not completed the diversion to court for trial
j. require a minimum 12-month good behaviour bond following successful completion of the diversionary scheme.

The South Australian government undertake a review of state-based regulators’ disciplinary powers, including investigatory powers, fit and proper person tests and other disciplinary
levers, and make any amendments necessary to create the authorising and operating environment for regulators to replicate the Australian Health Practitioner Regulation Agency’s approach.

The Community of Practice (see Recommendation 34) be tasked with identifying opportunities to promote across the regulator’s relevant stakeholder network, the capacity for regulators to receive complaints about a person using domestic, family and sexual violence and to take action
against that person.

The Commissioner of Police conduct a review of South Australia Police’s domestic, family and sexual violence governance and policies, in relation to both reporting mechanisms and responses when it is alleged that the person using violence is a police officer. The review
should:

a. identify a new and separate pathway for reporting these matters to South Australia Police (this could be considered in conjunction with the alternative helpseeking pathway(s) in Recommendation 50)
b. specifically address the procedures relating to confidentiality and allocation of investigations and intervention order applications to ensure they provide the necessary safeguards for victim-survivors, and avoid conflicts of interest and compromises to the integrity of matters
c. examine the development of a standalone protocol for these matters relating to reporting, administration (including allocation and confidentiality), investigation and victim-survivor management
d. address how the public could, within the limitations of the privacy of South Australia Police’s internal procedures, be provided with sufficient information to provide assurance that these procedures are in place. This includes information that if people are unsatisfied with police conduct (including how reports and investigations are managed) they can make a report to
the Office for Public Integrity.
e. address education to police officers about these matters and any new procedures
f. address the collection of information to enable the identification of patterns and systemic issues.

The review should be provided to the Implementation and Impact Monitor, and implementation of the review’s recommendations be included within the scope of the Implementation and Impact Monitor’s functions.

The South Australian government provide additional ongoing resourcing to expand the KIND program to increase current capacity and referral intakes and ensure that it is available in regional and remote South Australia. Consideration should be given to using partnership models with Aboriginal Community Controlled Organisations.

The South Australian government resource and establish a statewide service for harmful sexual
behaviour interventions that sits alongside KIND in the Department of Human Services. Existing programs and relevant resourcing within SA Health should be transferred to this new service.

The Attorney-General ban the use of corporal punishment by parents and caregivers by progressing amendments to the Criminal Law Consolidation Act 1935 (SA) to repeal the defence of reasonable chastisement.

The South Australian government undertake a public awareness and education campaign about the effect of the repeal of the reasonable chastisement defence and alternatives to physical punishment prior to commencing any legislative change.

The Government Steward, in collaboration with the Office for Early Childhood Development,
develop a coordinated, evidence-based approach to parenting education across South Australia to inform the repeal of the reasonable chastisement defence.

The South Australian government advocate for the Australian government to progress the audit of Australian government child support, social security and tax systems.

The Australian government task and resource the national Commissioner for Domestic, Family and Sexual Violence with an independent audit of the family law system to identify and address the potential for systems abuse, including the use of section 102NA of the Family Law Act 1975 (Cth).

The South Australian government undertake an audit of South Australian systems and services to identify and address the potential for systems abuse and safety breaches.

The Treasurer progress amendments to the Essential Services Commission Act 2002 (SA)
to clearly set out the Essential Services Commission’s role in developing and ensuring consumer protections for domestic, family and sexual violence victim-survivors.

The national Commission for Domestic, Family and Sexual Violence work with the Australian government to develop a national standard for responsible media reporting on domestic,
family and sexual violence. The national standard should be legally enforceable
and binding and should be developed in consultation with print and electronic media; domestic, family and sexual violence service providers; and other relevant stakeholders.

The Attorney-General progress amendments to the Victims of Crime Act 2001 (SA) in
consultation with the Commissioner for Victims’ Rights, the Lived Experience Advisory Networks and media to require a victimsurvivor’s consent before the contents of their Victim Impact Statement can be reported on, published, produced or reproduced.