Rochelle Braaf & Isobelle Barrett Meyering Australian Domestic & Family Violence Clearinghouse

March 2011

Seeking Security: promoting women’s economic wellbeing following domestic violence

Produced by the Australian Domestic and Family Violence Clearinghouse

for the Department of Families, Housing, Community Services and Indigenous Affairs

Sydney

© March 2011

The views expressed in this report do not necessarily represent the views of the Australian

Government. The Australian Domestic and Family Violence Clearinghouse is funded by

the Australian Government Department of Families, Housing, Community Services and

Indigenous Affairs. The Clearinghouse is linked to the Centre for Gender-Related Violence

Studies, based in the University of New South Wales, School of Social Sciences and

International Studies.

Authors

Rochelle Braaf & Isobelle Barrett Meyering

with research assistance by Emily Hamilton, Sarah MacGregor, Sarit Huppert and Rosa

Campbell, and management support by Gaby Marcus and Jan Breckenridge

Editing services provided by Jen Hamer

Australian Domestic & Family Violence Clearinghouse

The University of New South Wales

UNSW Sydney NSW 2052 Australia

p: +61 2 9385 2990 f: +61 2 9385 2993 freecall: 1800 753 382

e: clearinghouse@unsw.edu.au w: www.adfvc.unsw.edu.au

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Acknowledgements

This research was made possible through funding by the Commonwealth Department of Families,

Housing, Community Services and Indigenous Affairs (FaHCSIA). We commend the department for

supporting investigation of the financial dimension of domestic violence for women.

The study was also made possible through the generous support of the eight services who

participated in the research. From the outset, the managers and workers of these services

expressed great interest in the subject. They willingly provided space for meetings, precious staff

time to participate in focus groups and interviews, and engaged in many additional conversations

regarding follow up issues. Their experience and expertise significantly informed the research, and

their existing efforts to promote women’s financial security, we hope, will inspire further initiatives in

this area.

Our greatest debt of gratitude goes to the clients of these services, women who freely gave

their time to share with us their experiences and views. Despite the often painful nature of these

sessions, women were keen to participate in order to bring about change – for themselves and for

other women. We were deeply sorrowed by the devastation to women’s lives caused by abusive

partners and failed systems. We were also greatly moved by the countless demonstrations of

resilience and courage women showed in overcoming the hurdles laid in their path, and the,

oftentimes, amazing forward strides they had made in their lives.

We dedicate this report to these women and call on policy makers, agency workers, advocates and

practitioners to enact the recommendations of this study, in order to promote the financial security,

independence and freedom that women deserve.

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Contents

Executive summary .................................................................................................................. 3

CHApTEr 1: Domestic violence and women’s financial security ........................................... 17

CHApTEr 2: Methodology ..................................................................................................... 21

CHApTEr 3: What is financial security? ................................................................................. 25

CHApTEr 4: Financial security and leaving abusive partners............................................... 29

CHApTEr 5: Debts, bills and banking ................................................................................... 35

CHApTEr 6: Accommodation ................................................................................................ 43

CHApTEr 7: Legal issues ...................................................................................................... 55

CHApTEr 8: Health ................................................................................................................ 65

CHApTEr 9: Transport ........................................................................................................... 73

CHApTEr 10: Migration issues .............................................................................................. 79

CHApTEr 11: Employment .................................................................................................... 85

CHApTEr 12: Social security ................................................................................................. 95

CHApTEr 13: Child support................................................................................................. 105

CHApTEr 14: Service capacity ........................................................................................... 113

CHApTEr 15: Conclusions ................................................................................................... 121

references ........................................................................................................................... 123

AppEnDIx A: Staff survey .................................................................................................... 127

AppEnDIx B: Counting the cost – Building capacity forum recommendations ................... 130

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Executive summary

Introduction

Domestic violence is a pervasive social issue in this country, with an estimated 15-17% of Australian

women affected over the course of their lifetime (Australian Bureau of Statistics 2006, p. 5). It is also

expensive, costing the Australian economy in the order of $13.6 billion in 2008-09 alone (national Council

to reduce Violence against Women and their Children 2009a, p. 34). Beneath these figures lie numerous

individual experiences of abuse and women’s hard-fought struggles to be free from the immediate and

ongoing effects of violence that permeate their lives.

This research has been specifically concerned to examine the impact of domestic violence on women’s

economic wellbeing and the intersection of this with their recovery overall. To do this, the research

explored the ways in which domestic violence creates complex economic issues for women (and their

children), and how this disrupts their lives over the short and long term. It has been equally concerned

with investigating personal strategies and service initiatives that support those who have left violence to

break free from financial uncertainty. The study was conducted in 2009 by the Australian Domestic and

Family Violence Clearinghouse, which is a project of the Centre for Gender-related Violence Studies at

the University of new South Wales.

The findings of the research are consistent with national and international research studies that point to

numerous ways in which domestic violence impacts on women’s financial outcomes. This study goes

further to highlight that for women experiencing domestic violence, financial security goes to the heart of

not only their freedom from abuse, but also their recovery and capacity to (re)gain control over their lives,

now and in the future.

Importantly, the study has a direct bearing on current debates in Australia concerning social inclusion

(and by extension, social justice) and, specifically, the Federal Government’s social inclusion agenda.1

In February 2008, then Deputy prime Minister Julia Gillard defined social inclusion as the capacity for

people to find employment; access services; maintain social networks through family, friends, work,

personal interests and their local community; deal with personal crises such as ill health, bereavement or

the loss of a job; and have their voice heard (2008). This research demonstrates how significantly men’s

violence towards their female partners contributes to women’s social exclusion. This is apparent through

its direct negative impact on victims’ material wealth and health outcomes. Domestic violence is also

a disempowering force, undermining the confidence of those affected and often inviting discrimination

against them. Efforts to prevent and mitigate the economic effects of domestic violence on victims are,

thereby, central to promoting women’s social inclusion.

Research Aims

Considerable research has already been undertaken to investigate the impact of domestic violence on

women’s lives. Studies have focussed on specific issues such as the impact on: employment (Franzway,

Zufferey & Chung 2007; Lloyd 1997, p. 73; Moe & Myrtle 2004); use of welfare (riger & Staggs 2004b);

property and financial settlements (Sheehan & Smyth 2000); homelessness (Australian Institute of Health

and Welfare 2008b; Correia & Melbin 2005); and on the financial abuse of women (Branigan 2004;

Evans 2007). However, there has been limited attention, particularly in Australia, to drawing these issues

together to generate a more comprehensive picture of the impact upon a victim’s ongoing financial status

or to investigate pathways to safety through financial security. This study has, therefore, sought to fill

those gaps and identify points for intervention.

1 In 2008, the Federal Government set a national agenda to promote social inclusion in Australia. In addition to launching a web site and establishing a Social Inclusion Unit in Government, it released its principles for Social Inclusion to guide individuals, business and community organisations, and government to promote social inclusion in their activities. See the Federal Government’s Social Inclusion web site. Viewed 4 June 2010 <http://www.socialinclusion.gov.au/SIAgenda/Principles/Pages/default.aspx>.

[back to table of contents]

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The research specifically aimed to:

1. investigate ways in which domestic violence undermines women’s financial circumstances

and, in turn, how poverty affects their efforts to gain safety

2. investigate strategies that support positive economic outcomes for women

3. develop and promote the implementation of these strategies, to support women’s financial

security and pathways to safety.

Research methods and participants

A review of the literature undertaken for the study identified nine key areas of life where domestic violence

directly affects women’s financial security: debts, bills and banking; accommodation; legal issues; health;

transport; migration; employment; social security; and child support. Questions related to these areas

were used to initiate discussion with participants, with the interviews remaining open-ended and reflexive

to allow for other issues to emerge.

The researchers worked with eight diverse services, who recruited female clients and workers to

participate in the study. There were one hundred and seven (107) participants in total:

� thirty-two individual interviews with women affected by domestic violence

� seven focus groups attended by 25 women affected by domestic violence

� eight focus groups attended by 49 workers

� one individual interview with a worker.2

The interviews and focus groups explored barriers to participant’s financial security pre and post violent

relationships and the strategies and responses that assisted them to be more financially secure. The

research specifically looked for behaviours and actions of the abusive partners that contributed to

the women’s financial insecurity and what role the services, agencies, utilities and other organisations

played in assisting or hindering women’s efforts to become financially secure. Workers were also asked

to complete a survey concerning their perception of the usefulness of different strategies to assist their

clients’ financial security.

Interviews and focus groups were recorded and thematic analysis was applied to identify major trends

and patterns. researchers were also interested in unique issues arising in individual cases that provided

a deeper picture of the participant’s experiences.

In March 2010, a worker’s forum was held to discuss the study findings and to identify and share

strategies and responses that services could take, to better support women’s financial circumstances.

Discussion within this forum contributed to the formulation of the research recommendations.

Findings

The research identified:

� seven key messages that underpin a sound understanding of women’s economic needs

� eleven critical areas of life where women’s financial security is significantly affected and

where intervention can have optimum effect.

2 This worker was unable to participate in a focus group with other staff.

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Key messages from the research

First Key Message

The decision to stay or leave an abusive relationship is, for many women affected by financial factors.

Finances exert an influence in two directions:

1. impetus to leave: suffering financial abuse, control or manipulation is a trigger for some

women to leave

That was a lot of the reason why I left, because he preferred to pay for alcohol than buy nappies for our baby. [Service 3 Client focus group]

The main thing was the finances. My partner used financial manipulation to pressure me. I didn’t realise it was going on because I didn’t think it could happen to me... [Service 3 Client 2]

2. obstacle to leaving: feeling imprisoned by financial need: not having financial independence

or being able to imagine coping financially, keeps many victims trapped in the abusive

relationship.

It was a big part of it… I thought, ‘How do I have all my needs – groceries, medications – met? I thought, ‘What am I going to do?’ It took two to three years for me to finally say, ‘What’s worse: doing without or doing this?’ [Service 4 Client 3]

Second Key Message

Financial assistance is required in different forms at different stages of a violent relationship and should

be tailored to the specific needs of each stage. This includes before leaving, immediately after leaving,

and to support longer term recovery.

I think it’s from when you think that ‘I need to leave but how do I leave? I haven’t got enough money’ to when you have left and then all the bills that pile up afterwards which can be just as hard. [Service 7 Client focus group]

Third Key Message

The experience of domestic violence significantly contributes to poverty, financial risk and financial

insecurity for women, sometimes long after they have left the relationship.

I actually feel financially ruined… And that money was taken away from me because of the law of the family court and the way that they manipulated or he manipulated the situation, making me now a victim of financial hardship. Whereas, ok I’ve got a job but I’m the working poor and no matter how much I will get, I will always be back... It’s like I’m back at day one, starting like a new graduate working with now three kids to take care of. [Service 7 Client focus group 2]

I’ve got no money. I don’t know where the money for the next meal is coming from. I’ve got nothing. [Service 3 Client 2]

Fourth Key Message

There is a significant lack of perpetrator accountability for actions that undermine women’s financial

security.

I ended up going insolvent... because my partner left me in debt because all the bills were in my name of course. I had a [loan] contract... now that’s a black mark against my name and I can’t get loans and I can’t get all that sort of stuff… I’m really struggling... He gets away with it scot-free. [Service 5 Client focus group]

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Fifth Key Message

Financial insecurity hinders women’s recovery from the trauma of the violence in two important ways:

1. women cannot access the support they need for themselves or their children

I had a fall last year during a panic attack and broke my ankle in two places. I probably need an operation but won’t know until I’ve had physio treatment, which I can’t afford. I have an ankle brace on it until I can afford the physio. I also suffer from anxiety which gives me neck and shoulder pain, but I can’t afford the treatment. I take a lot of pain killers. [Service 7 Client focus group 2]

2. ongoing financial implications of domestic violence are an extension of the abuse and can be

prolonged by perpetrators’ actions.

I think that I’ve lived with domestic violence for thirteen years and getting out of it I thought that I will be free of it but my barrier to freedom is the money. [Service 7 Client focus group 2]

Sixth Key Message

Women’s access to services that alleviate poverty is hindered by lack of knowledge and an inconsistent

and complex service system. Workers responses in many cases may not assist in guiding victims

through this maze, but can cause further trauma and disempowerment.

I think that’s what it is, if people are aware that there’s help there, because I just had no idea. I mean, you hear of crisis care and things like that but you don’t actually know. I have actually rung counsellors, I have been to a counsellor about the situation but never been told about it [domestic violence]. [Service 2 Client 1]

Seventh Key Message

Advocacy to navigate legal and other service systems and claim entitlements is critical to assist women

to achieve financial security. Advocacy helps individuals in all areas and maximises the efficiency of all

services, but is not sufficiently resourced.

To be able to have one person and explain the possibility of where I will go financially, and how court’s going to work, and whether I will be able to look for employment or not, and whether I’m going to have to see a private lawyer or not, and how all that’s going to work, would be a great help. [Service 2 Client 5]

Eleven critical areas for intervention

Where specifically does domestic violence intersect with financial security and what are its effects? The

following eleven areas of concern emerge clearly from this research:

1. Deciding to leave

2. Debts, bills and banking

3. Accommodation

4. Legal issues

5. Health

6. Transport

7. Migration

8. Employment

9. Social security

10. Child support

11. Service capacity

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Deciding to Leave

Financial circumstances played a significant role in women’s decisions to end an abusive relationship.

Two patterns emerged: some women indicated that their lack of financial security within the relationship

prompted them to leave; while other women indicated that concerns about their future financial security

prevented them from leaving, often for many years. In either circumstance, financial and material support

was essential to enable safety, independence and recovery from the abuse.

Further, the timing and particular form of financial assistance that was required varied for immediate

escape, ongoing survival and long term recovery. Three key stages were identified:

� before leaving, when the provision of information about financial and material support that is

available may aid women in their decision to leave a violent relationship

� immediately after leaving, when the provision of adequate financial and material support

could prevent a rapid descent into poverty, or possible return to the violent relationship,

forming a base from which they might begin to build a more secure future

� in the long term, when the provision of financial and material support, as well as economic

capacity-building, could assist women to become financially independent.

Debts, Bills and Banking

Barriers

Women spoke about their experience of a range of financial abuses by ex-partners. Some were

excluded from having anything to do with the household finances by partners during the relationship.

Others had their assets or money appropriated by their partners or were forced to carry debts incurred

by their partner during and after the relationship. These debts included mortgages, credit card bills and

business debts. Such actions had severe consequences for some women, including a poor credit rating,

insolvency or bankruptcy.

Women and workers referred to difficulties with financial institutions and other creditors. Some of these

related to institutions imposing fees or penalties on women when ex-partners failed to make payments

on joint loans, debts or bills. Even where such institutions had hardship policies, they often did not make

information about these available to women or women found it difficult to negotiate with institutions for

extensions of time or reductions in bills.

Strategies

Some women had directly approached financial institutions for assistance in preventing their partner’s

financial abuse. Other women had been successful in taking up special financial products for low income

earners, such as no or low interest loans, matched savings accounts or other forms of microcredit. While

many women in the study were skilled at managing their money, given their low incomes, others found

they benefited from personal financial advice and assistance in the form of economic advocacy, financial

literacy education and financial advice.

Accommodation

Barriers

When separating from a violent partner, many women in the study were forced to leave the family home,

often resulting in them becoming immediately homeless. Some women had been forced to relocate

several times because their ex-partner continued to threaten or abuse them. Finding safe, affordable,

appropriate accommodation post separation was probably the single biggest concern for women in the

study. Costs associated with leaving the family home were substantial, including relocation and storage

costs. A number of women had left behind all their possessions when they left the home (including

furniture, cookware and clothes), which then had to be replaced.

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A lack of suitable emergency accommodation and public housing was a major issue raised in most of

the interviews and focus groups, leaving women at risk of having to return to the abusive relationship.

Several women had lived in their car because they could not access accommodation when they first

separated. Women and workers discussed the high costs of private rental, and lack of rental places

available, as well as discrimination in this market, particularly against single mothers, mothers with more

than two children, Indigenous women and women who have experienced domestic violence. Women

who were in the process of paying off their own home spoke about mortgage stress.

Strategies

This study identified two avenues of assistance that had benefited women across different housing

scenarios: housing advocacy and financial assistance. Housing advocacy was highly valued by women.

This included organising crisis accommodation, providing assistance for public housing applications,

providing references for real estate agents, and offering information about and facilitating access to

financial and material assistance provided by governments and charities. Many women in the study

had accessed some financial supports like Centrelink rent Assistance, bond assistance through state

government schemes and other financial and material assistance offered through charities and services.

A few women had managed to remain in the family home, either negotiated with their ex-partner or by

using an exclusion or ouster provision on a protection order. This offered them long term accommodation

in an area where they were supported by social networks. For those women who had not been able

to remain in the home, crisis accommodation was critical. Some had found this entirely unsafe or

unsuitable. In contrast, a few services participating in the study were able to offer women access to

secure private apartments, which they were able to remain in for up to a year.

Legal issues

Barriers

A large proportion of the women in the study had engaged with the legal system following separation

from their partners, including: criminal cases; civil cases involving protection orders; family law matters

involving parenting arrangements and property settlement; wills; victim compensation; bankruptcy; and

legal action relating to jointly owned business. Legal matters involving ex-partners offered women one

way to gain financial security but could also be an acute source of financial stress and hardship.

A critical area of concern for women was around family law issues. Changes to the legislation in 2006

gave greater emphasis to children maintaining relationships with both parents and a presumption of

shared parental responsibility, possibly leading to more equal time spent with each parent. Aside

from safety concerns for families affected by domestic violence, these reforms have had implications

for women’s financial settlements, including for child support, property and spousal maintenance

arrangements (Fehlberg 2008). Women in the study reported finding themselves receiving less in

financial settlements, where more equal time parenting arrangements have been determined by the court,

and then having ex-partners fail to meet their parenting obligations.

Legal matters ended up costing women substantial amounts in legal fees, court costs, lost work days,

child care and the costs of court appointed specialists. In particular, multiple and protracted cases had

resulted in higher costs in the order of tens and hundreds of thousands of dollars for some women. A

few women indicated that they had been unable to pursue legal matters due to the costs involved or

been unable to afford private representation, which they felt compromised the quality of legal service they

received.

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Strategies

Study participants acknowledged the high value of legal advocacy for women. This included: providing

clients with legal information; referrals to local and specialised legal services; explaining legal letters

and other documents in plain English; assistance in gathering and preparing documents for court; and

accompanying women to court. Some women had taken it upon themselves to become very familiar with

relevant legislation in order to be able to participate in their case more effectively and, in some instances,

inform their legal counsel. A few women had successfully sought restitution for their experience of

domestic violence through state-based victim compensation schemes; however, not all women and

workers were aware of this option.

Health

Barriers

participants and their children experienced a wide range of physical and mental health issues resulting

from domestic violence. These included physical injuries, poor health associated with psychological

stress and a high prevalence of mental health issues (such as depression, anxiety, post-traumatic stress

symptoms and sleeping difficulties). For many, these issues had extended long beyond the cessation of

the relationship.

The cost of medical treatment was a major source of financial pressure. The cost and limited number of

counselling sessions available to women with mental health issues was particularly of concern. While

most women in the study had access to Medicare and to a Health Care Card offering discounts on

medicines and health services, these did not cover all medicines or services. Services not covered or

only partially covered included: specialist services (e.g. psychologists); dental care and orthodontics;

optometry; paramedic care; ambulance transport; and pregnancy terminations. Only a very small

number of women were able afford private health insurance. Due to the costs involved, many of the

women in the study were forced to compromise or delay health care for themselves and their children.

Strategies

Overall, women spoke positively about the support they had received from health professionals. Those

who had access to Medicare, and the Health Care Card in particular, found these extremely helpful in

facilitating access to health services. Two other government health schemes cited as being very helpful

were the Gp Mental Health Care plan and the Medicare chronic disease dental scheme. Charities were

also identified as able to provide some health assistance, such as through vouchers for optometrists.

red Cross, in particular, provides essential health programs for women without an income or access

to government income support. Finally, some women had been successful in applying for victim

compensation for their injuries associated with the violence.

Transport

Barriers

Access to transport emerged from the study as a source of financial concern, albeit one that affected a

smaller number of women than other issues. Women explained that the high cost of car ownership and

lack of access to public transport in turn impacted on their safety, capacity to work and access services,

sense of independence and overall quality of life.

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Strategies

Some participants in the study turned to family and friends for support around their transport concerns

or developed individual techniques for managing their situation (e.g. negotiating deals with mechanics).

Formal support around women’s transport needs is highly limited; however, some examples cited in

the study included the provision of transport vouchers, brokered taxi services and discounts on car

registration provided for those with a Health Care Card.

Migration

Barriers

In the case of women migrating to Australia where the relationship has broken down because of domestic

violence, those on some forms of temporary resident visa can apply for residency status in their own

right under the Family Violence provision (FVp) of the Migration Regulations Act 1994 (Cwlth). Despite

the availability of this provision, several women in the study described partners deliberately hindering

their initial application for residency or placing them in a position where an application for a work visa

or residency would be difficult. A number of women in the study found information about immigration

and visa application processes confusing and intimidating. They were anxious about the uncertainty of

outcomes and the possibility of deportation was a constant fear. Women and workers expressed concern

about lengthy application processes, which may extend for months or years, making it difficult for women

to plan or think about the future. Migrant women’s access to income during the interim period may

be seriously limited, due to Centrelink eligibility requirements and working restrictions. This can leave

women impoverished and unable to access key services (e.g. refuges).

Strategies

Migrant women in the study emphasised the critical value of having information about migration

processes and accessing legal advice and assistance with their application during a time of heightened

anxiety and confusion. All the services in the study provided some migration advocacy. This may have

only extended to referral to legal and/or migration services but in some cases included: reading and

explaining legal documents; writing letters of support or statutory declarations; and preparing visa and

residency applications. Women in the study who were applying or had applied for residency under the

FVp typically needed to access financial and material assistance from services, charities and government

programs in order to survive. This included assistance with: housing, utility bills, medical expenses

and food. Such assistance is very limited and in some cases women return to violent partners due to

financial hardship. Two government programs that were seen to be of significant help are the Community

Assistance Support (CAS) program (previously the Community Care pilot program) and Asylum Seeker

Assistance Scheme (ASA), both administered through the red Cross.

Employment

Barriers

Women encountered a number of barriers to their employment that were directly attributable to the

abusive ex-partner. Some women had not been allowed to work while in the relationship and were now

finding it difficult to enter or re-enter the workforce post separation. They felt they were not yet job ready,

due to their lack of skills, education or employment history. Others had to give up their jobs when they

fled due to moving away or being harassed at work by their ex-partner. A proportion of the women

were still deeply affected by the trauma of the abuse such that panic attacks, depression, insomnia and

suicidal thoughts prevented them from maintaining employment. Some women had little time available

to work, being fully occupied with attending to health, accommodation, legal and other matters related to

the abuse.

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System barriers also limited women’s employment opportunities. A lack of affordable childcare options

was a significant factor making employment financially unviable for many women in the study, as was

the potential loss of social security benefits. Some groups of women faced particular challenges: CALD

women in the study spoke of language barriers, lack of recognition of their prior qualifications and limited

social support networks to assist with child care; while older women and women with disabilities felt that

they were actively discriminated against by employers.

Strategies

Some women had disclosed the violence to their employer to gain support and approval for leave

requests to attend to matters associated with the abuse. Others had made use of flexible work

arrangements to deal with these matters. For more traumatised women, counselling or other medical

support, including medication, was assisting their recovery in preparation for returning to work. Others

had found that volunteering offered a valuable stepping stone to more formalised, regular and demanding

paid work. Some women had taken up education or training in order to become job ready. A few had

made use of recruitment services, with mixed results.

Social security

Barriers

Most of the women in the study were accessing some form of social security entitlements. However, both

women and workers identified serious administrative barriers in accessing these. Barriers included: not

receiving information or receiving conflicting information on what they could access; a lack of assistance

to fill in forms; considerable waiting times for payments to be processed; and payments being cut off due

to administrative errors. Women were distressed about being asked to explain their domestic violence

situation to a different officer every time they went into Centrelink and felt undermined by negative

encounters with staff.

Women and workers also identified policy areas of concern. These related to their perceptions of the

inadequate level of payments, welfare to work requirements and welfare fraud investigations that fail to

recognise the impact of domestic violence. There were specific issues raised around the hardship for

migrant women without access to government income support. Although not canvassed in the interviews

or focus groups, the government’s introduction of compulsory income management for victims of

domestic violence raises serious concerns about the undermining of women’s management of their own

finances following domestic violence.

Strategies

Women and workers sought out Centrelink officers who were known to be more knowledgeable about

domestic violence and women’s entitlements. Centrelink social workers were generally seen to be more

knowledgeable about and supportive of women affected by domestic violence than other staff. Some

specific services had been beneficial, including the Jobs, Education and Training (JET) program and

Advance payment Scheme. Workers at some services sought to actively build positive relationships with

local Centrelink staff by attending joint meetings, providing training and exchanging information.

Service workers acted as advocates for clients by providing them with information about Centrelink

entitlements, explaining forms and policies to them and assisting them to fill in paperwork. Some workers

physically accompanied women to Centrelink offices and advocated for particular entitlements on their

behalf.

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Child support

Barriers

Forty-one of the fifty-seven women in the study had children under 16 years of age and most of those

who claimed child support were dissatisfied with the arrangement. They found payments inadequate to

meet even basic needs, due to low child support assessments or avoidance practices by ex-partners.

Additionally, women received less in social security entitlements because they were assessed as

receiving child support, even when these payments had been missed, were late or were under paid.

Worse, retaliation or continued abuse by ex-partners resulted in many women preferring not to seek child

support and requesting an exemption. Women and workers were also significantly frustrated with the

Child Support Agency’s (CSA’s) lack of investigative powers to make ex-partners accountable for their

obligation to financially support their children.

Strategies

In order to address these barriers, some women had investigated their ex-partner’s income and provided

evidence of avoidance practices to CSA, often at great risk to themselves. A few women, frustrated with

the lack of action by CSA, had taken these matters to court. Additionally, most of the services in the study

were able to provide advocacy to women, by providing information about the child support process;

assisting in filling in forms; reading letters; writing letters of support concerning compliance with parenting

orders; and directly advocating with CSA or Centrelink on behalf of clients.

Service capacity

Barriers

Service workers in the study identified funding issues as directly affecting their service’s capacity to

support clients to gain financial security. These concerned: insufficient funding to provide the level of

service needed; cutbacks in funding; the uncertainty of ongoing funding; and provision of one off or

short term funding for programs, which are then not re-funded. In addition to funding limitations, workers

made general reference to gaps in the service system as a whole, that impact on the range of supports

available. These gaps were more apparent for women with complex needs and women needing

specialised support. Aside from resource issues, workers expressed concern about the negative

reactions that clients and workers often receive from staff in external organisations, such as workers

failing to recognise the impact of domestic violence for clients or making constant demands for women to

prove or re-tell their domestic violence experience. Finally, workers were concerned about a general lack

of knowledge amongst women themselves about domestic violence, their rights and supports available.

Strategies

In order to strengthen their capacity to support clients, a considerable portion of worker energies

were devoted to securing and maintaining funding streams through: negotiation with funding bodies;

applying for grants; collaborating with other organisations to provide services or sharing resources; and

hooking into external programs. All the services in the study referred clients to external organisations

and maintained lists of services and programs where clients could access support. In order to make the

service system more seamless for clients, some workers accessed services and programs on behalf of

clients or provided ‘warm referrals’ (i.e. setting up meetings with external organisations, accompanying

clients and sitting in on appointments). To build and maintain contacts with external organisations and

agencies, service workers participated in joint meetings (e.g. domestic violence committee meetings)

and attended general training events and conferences. In order to access more isolated women, workers

also discussed the need for and their efforts to establish networks within communities and with their

religious and cultural leaders, as well as community-based organisations.

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Conclusions

notions of independence, freedom and control over one’s own finances were central themes that

ran through the course of this study and have informed the analysis and development of the study

recommendations.

The research highlights the ways in which violent relationships directly impact on women’s

social inclusion, through their contribution to women’s poverty, poor health, social isolation and

disempowerment. The research has also identified initiatives that are positively changing women’s lives

now, as well as indications of further steps to be taken. This research informs the Federal Government’s

social inclusion agenda and provides some clear directions for initiating strategies that will promote

abused women’s economic participation and prosperity, and which recognise their value to our

communities. This study has shown that through economic empowerment, women can find ways to

survive and leave violent relationships and enable themselves and their children to recover from the

abuse. Economic empowerment means access to basic, minimum standards of living, sufficient capacity

to attend to health and wellbeing and the opportunity to build a secure future.

List of recommendations

A number of recommendations have been made, based on the findings of the study. Within each

subheading below, there are two types of recommendations.

Firstly, there are recommendations that directly relate to situations where disclosure of domestic violence

has occurred and the service system is urged to tailor a specific response, to acknowledge the past and

current effects of the violence.

Secondly, there are recommendations that have wider relevance to all people experiencing poverty and

particularly sole parents. These recommendations target general issues within the service system that

significantly compound the disempowerment of victims of domestic violence. Addressing these issues would

create a supportive environment that enables increased financial security for all disadvantaged groups.

Debts, bills and banking

� Government to fund special financial products for domestic violence victims; e.g.:

à no or low interest loans and matched saving accounts

� Governments to directly fund domestic violence services to provide in-house financial

counselling

� Financial institutions to introduce policies to address financial abuse; e.g.:

à loan or bill splitting between women and ex-partners where debts are generated jointly

à greater flexibility in relation to loan criteria

� Education departments to review financial literacy education curriculum in schools to

include a gender analysis.

Accommodation

� State governments to strengthen policies enabling victims of violence to remain in the

family home; e.g.

à Access to integrated domestic violence services; access to risk assessment and safety

upgrades

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� Governments to provide women affected by domestic violence assistance to secure

accommodation; e.g.:

à a separation payment for women leaving violence; rental subsidies; mortgage assistance

for low income earners

à more targeted funding for crisis accommodation and transitional housing where domestic

violence is an issue

à increased public housing stock; priority given to housing domestic violence victims

à review policies that require women to leave their jobs in order to gain access to refuges.

Legal issues

� Government to amend the Family Law Act 1975 to give greater consideration to

domestic violence in family law cases, to promote more equitable financial settlements

and reduce victim court costs; e.g.:

à consideration of domestic violence as a cause of victims’ financial loss

à introduce monitoring around adherence to parenting orders, with penalties for non

compliance

� Legal Aid to review its policies with the aim of improving service to domestic violence

clients; e.g.:

à widen eligibility criteria for domestic violence victims; assist in complex cases

à allocate the same lawyer throughout a case

à means test to take into account victims’ lack of access to funds

� Legal bodies to develop specialised domestic violence training and information

for the judiciary, court and legal officers, to be promoted by Attorneys General and

organisations with judicial oversight; e.g.:

à establish a domestic violence benchbook and/or web site; establish a national institute of

family violence

� Attorneys General to implement more integrated specialist domestic violence courts.

Health

� Governments and services to increase women’s access to victim compensation for

injuries and illness resulting from domestic violence; e.g.:

à provision of information to clients and services; specific provisions in schemes for victims of

domestic violence

� Governments to increase access to health services for women and children affected by

domestic violence; e.g.:

à extend eligibility for the Health Care Card to victims of domestic violence

à provide more comprehensive coverage of medical treatment under Medicare, particularly

around dentistry, mental health treatment and physiotherapy

à introduce a levy system for ambulance services.

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Transport

� Governments to make car ownership more affordable for victims of domestic violence;

e.g.:

à give women access to petrol vouchers; low interest loans for cars; discounted car

insurance; and free or subsidised driving lessons

� Governments to improve access to public transport; e.g.:

à more subsidies for domestic violence victims.

Migration

� Governments to provide targeted information about domestic violence to migrant

women; e.g.:

à deliver information for newly arrived migrants through workshops, as part of English classes

and through embassies and via the internet, radio, and television

� Governments to provide migrant victims of violence with increased access to material,

financial or legal support; e.g.:

à faster processing of visa applications; widened eligibility for income support through the

Special Benefit; establish dedicated refuge places.

Employment

� Employers to establish supportive workplace arrangements for employees affected by

domestic violence; e.g.:

à provide paid leave for employees to attend to domestic violence matters; institute safety

provisions; training for managers

� Governments to expand the capacity for women affected by domestic violence to (re)-

enter the workforce; e.g.:

à increase support to access education and training

à provide more childcare options and financial support to make this affordable

à provide greater financial incentives to take up employment for those receiving entitlements

through raised thresholds for payment cut offs or introduction of tax and child care credits.

Social security

� Centrelink to institute a domestic violence policy to better assist clients who are

victims; e.g:

à assign a single domestic violence case worker to clients when they disclose

à develop an information package about entitlements and processes for clients when they

first disclose

à provide specialised income support and vouchers when women first separate; increase

the crisis payment and extend the period in which to apply to six months; widen migrant

eligibility for the Special Benefit

à provide voluntary financial literacy and counselling services

à provide officers with domestic violence awareness training

� Government to change its policy of compulsory income management for clients to a

voluntary scheme.

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Child support

� Child Support Agency (CSA) to institute a domestic violence policy to better assist

clients who are victims; e.g.:

à provide officers with domestic violence awareness training; provide an information package

about entitlements and processes, particularly including information about the exemption

� CSA to ensure adequate child support is paid, on time and in full; e.g.:

à adopt investigative powers to ensure accurate estimation of payers’ income

à introduce higher minimum amount for child support that reflects the reality of children’s

expenses

à introduce a system of guaranteed payments to payees and CSA to pursue payments from

payers.

Service capacity

� Governments to review the funding model and amount provided to domestic violence

services to enable adequate advocacy and support for clients; e.g.:

à provide sustained funding, with longer-term funding agreements, matched to client

numbers and local needs

à provide ongoing funding for successful pilot programs

� Governments to increase funding and availability for domestic violence training for

mainstream agencies and services, including culturally appropriate training for working

with Indigenous clients

� Mainstream organisations to recognise the authority of domestic violence workers to

assess cases, in order to validate women’s status as victims; e.g.:

à establish formal protocols; certification or accreditation accorded to services that meet

certain standards as advocates for clients affected by domestic violence

� Governments to make information about domestic violence more broadly available; e.g.:

à targeted information for victims about domestic violence and support available to be widely

distributed; resources to be targeted to different language groups and people with low/no

literacy.

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ChAptER 1: Domestic violence and women’s financial security

Case study

Eilana is an articulate woman in her late 30s. At the time of the research interview, it was several

months since she had separated from her ex-partner, who was an alcoholic. She had experienced

ongoing emotional and financial abuse, as well as physical threats. She finally left after he came

home from an all-nighter and ‘decided to smash his head all over the wall’.

Eilana had already been thinking about leaving for some time but was worried about how she would

cope financially:

I had actually more or less made my mind up probably six months before, but I didn’t know how I could go about it, to still retain financial... I mean it’s a big thing to get up and leave everything... that you’ve been doing [for ten years].

Eilana was told (inaccurately) by three different police officers that she could not get a restraining

order, which may have required her partner to leave the family home, and so chose to leave to

escape the violence. Fortunately, she and her three children were able to move into her mother’s

house temporarily and eventually, she contacted a women’s service and was offered a place in a

refuge.

Before leaving her ex-partner, Eilana owned her own small business and was paying off a mortgage

on the family home. She had worked all her life and felt relatively financially secure.

After leaving, Eilana no longer had access to the home studio she used to run her business. She

occasionally worked cash-in-hand for a friend or met clients in cafes but her income significantly

dropped. She was interested in finding a part-time job but was concerned that she would end up

being worse off, due to the impact on her social security benefits and the cost of child care:

I come from working all my life and now I’ve got these kids and it’s a problem – if I do part-time work, I lose my benefits. I can’t afford to lose the benefits because there’s child care, everything that comes with it, but I still want to work.

She was not receiving any child support from her ex-partner.

Several months after leaving, Eilana began the process of selling her house. Her ex-partner proved

uncooperative, deliberating sabotaging her efforts to prepare the property for inspection. She was

considering accepting an offer $50 000 below the market value.

Still living in the refuge, finding new accommodation was Eilana’s biggest problem. She was on

the waiting list for public housing but, in the meantime, was seeking private rental. Eilana had

experienced multiple rejections, with one real estate agent telling her outright that they had turned

down her application because she was a single parent.

Eilana was also preparing for a custody hearing. She was deeply concerned about her ex-partner

being given unsupervised access to the children before he had dealt with his alcoholism. Her legal

expenses were mounting: ‘every letter is $200, every phone call...’

In order to move on, Eilana desperately needed her financial situation to be resolved. If nothing else,

she wanted to have a place to call home: ‘I could then start a life again’.

[back to table of contents]

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Domestic violence and its economic impacts for women

How does domestic violence threaten women’s economic wellbeing? What does the loss of financial

security mean for women’s lives and how do they regain it? These were central questions for this study

investigating women’s financial security, pre and post violent relationships.

regardless of their prior economic circumstances, many women experience financial risk or poverty as

a result of domestic violence. For women in violent relationships, poverty or financial dependence can

limit their capacity and willingness to leave, forcing some to remain in or return to dangerous situations

(Mosher, Evans & Little 2004).

As Eilana’s story highlights, financial security goes to the heart of women’s ability to escape from abuse,

recover from its impacts and (re)gain control over their lives.

The study has a direct bearing on current debates in Australia concerning social inclusion (and by

extension social justice) and, specifically, the Federal Government’s social inclusion agenda.3 In

February 2008, then Deputy prime Minister Julia Gillard defined social inclusion as the capacity for

people to find employment; access services; maintain social networks through family, friends, work,

personal interests and their local community; deal with personal crises such as ill health, bereavement or

the loss of a job; and have their voice heard (2008).

This research demonstrates how significantly men’s violence towards their female partners contributes to

women’s social exclusion. This is apparent through its direct negative impact on victims’ material wealth,

such as contributing to their debts, impacting on their capacity to remain in employment and undermining

their housing security. It is also apparent through poor health outcomes for victims in terms of mental

and physical health effects, disability and trauma. Finally, domestic violence is a disempowering force,

undermining women’s self-esteem and their sense of agency, as well as often inducing a sense of shame

in victims and disregard by others. Efforts to prevent and mitigate the economic effects of domestic

violence on victims are, thereby, central to promoting women’s social inclusion.

Rationale

Domestic violence is a pervasive social issue in this country, with an estimated 15-17% of Australian

women affected over the course of their lifetime (Australian Bureau of Statistics 2006, p. 11). It is also

expensive, costing the Australian economy in the order of $13.6 billion in 2008-09 alone (national Council

to reduce Violence against Women and their Children 2009a, p. 34). Beneath these figures lie numerous

individual experiences of abuse and victims’ hard-fought struggles to be free from the immediate and

ongoing effects of violence that permeate their lives.

This research was specifically concerned to examine the impact of domestic abuse on women’s

economic wellbeing and the intersection of this with their recovery overall. To do this, the research

explored the ways in which domestic violence creates complex economic issues for victims (and their

children), and how this disrupts their lives over the short and long term. It was equally concerned with

investigating personal strategies and service initiatives that support those who have left violence to break

free from financial uncertainty.

3 In 2008, the Federal Government set a national agenda to promote social inclusion in Australia. In addition to launching a web site and establishing a Social Inclusion Unit in Government, it released its principles for Social Inclusion to guide individuals, business and community organisations, and government to promote social inclusion in their activities. These embody aspirations to: reduce disadvantage, increase social, civic and economic participation; develop a greater voice, combined with greater responsibility. Identified approaches to achieve these aspirations are to: build on individual and community strengths; build partnerships with key stakeholders; develop tailored services; and give high priority to early intervention and prevention. See Federal Government’s Social Inclusion web site. Viewed 4 June 2010 <http://www.socialinclusion.gov.au/SIAgenda/Principles/Pages/default.aspx>.

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Considerable research has already been undertaken to investigate the impact of domestic violence on

victim’s lives. Studies have focused on specific issues such as the impact on: employment (Franzway,

Zufferey & Chung 2007; Lloyd 1997, p. 73; Moe & Myrtle 2004) ; use of welfare (riger & Staggs 2004b);

property and financial settlements (Sheehan & Smyth 2000); homelessness (Australian Institute of Health

and Welfare 2008b; Correia & Melbin 2005); and on the financial abuse of women (Branigan 2004;

Evans 2007). However, there has been limited attention, particularly in Australia, to drawing these issues

together to generate a more comprehensive picture of the impact upon a victim’s ongoing financial status

or to investigate pathways to safety through financial security. This study has, therefore, sought to fill

those gaps and identify points for intervention.

Australian governments, services and other organisations do provide a range of supports and benefits for

people in poverty or on low incomes, including some that are specifically targeted at victims of domestic

violence. However, there is concerning evidence that in spite of the availability of these initiatives,

domestic abuse continues to have serious consequences for a victim’s financial security (Evans 2007;

Lindhorst, Oxford & Gilmore 2007). Furthermore, some service systems appear to contribute to economic

hardship, through inflexible policies and practices, and a lack of understanding about the realities of

abuse (patrick, Cook & McKenzie 2008). As such, this research is also concerned with the role that

services, government agencies and other organisations have to play, in assisting or hindering victims’

efforts to establish a secure financial base, from which to build a safer and more prosperous future.

Research Aims

The overriding purpose of the research was to gain insight into how to support women’s financial security,

as a means to breaking free from domestic violence, staying safe and prospering.

The research specifically aimed to:

1. investigate ways in which domestic violence undermines women’s financial circumstances

and, in turn, how poverty affects their efforts to gain safety

2. investigate strategies that support positive economic outcomes for women

3. develop and promote the implementation of these strategies, to support women’s financial

security and pathways to safety.

What is financial security?

In a basic sense, financial security has been described as a: ‘steady and reliable source of income to

sustain our daily living and to allow planning for the future’ (Correia 2000, p. 4).

However, such definitions belie the broader social and psychological dimensions of the issue.

participants’ aspirations to financial independence, freedom to make choices and have control over their

assets and money are central themes that ran through the study. Their stories reflect a broader agenda

than material subsistence, inviting consideration of the effects of economic wellbeing on such things as

belonging and community recognition, social inclusion, freedom from discrimination, health, education,

family cohesion, and hope for the future.

participants defined financial security in terms of not having to compromise on quality time with their

children; their capacity to save so they could create a ‘better future’ for their children; their sense of self;

their confidence, self-reliance, empowerment and personal agency:

Having my own financial independence and complete decision making over what I do and what I spend and how I support my children is at the forefront of any decision I make. That’s what financial security is to me. [Service 8 Client 5]

These notions of financial security as integral to physical, emotional and psychological recovery, informed

the analysis and development of the recommendations.

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Scope of the research

Because domestic violence impacts on women’s lives in multiple ways and at different points in time, the

research necessarily adopted a broad scope in investigating issues concerning its economic effects.

Both direct and indirect financial impacts of intimate abuse were considered in the study. The research

acknowledged that a woman’s economic circumstances may be directly compromised by the behaviour

of a violent partner (such as through financial abuse and running up debts) and indirectly compromised

through secondary effects of the violence (such as by impacts on her long term mental and physical

health, capacity to work or housing situation). We also took a broad time scale, speaking with women

who were still in an abusive relationship, ranging to those who had separated many years before.

A review of the literature conducted for the study identified critical domains of women’s lives where

domestic abuse has the greatest economic impact, pre and post separation. Questions were developed

around these areas, to be discussed with women affected by domestic violence and workers. The

literature review also pointed to the availability of supports provided by specialist and generalist services,

and government agencies. These can exert considerable influence over a woman’s financial status,

as well as over her decisions to leave or return to an abusive relationship. The research consequently

sought to bring a spotlight to the positive and negative financial effects of supports and assistance for

women affected by domestic violence.

The study analysed these social spheres against a backdrop of gendered economic inequality evident in

Australia, with a view to supporting women to build their economic capacity and become more financially

secure.

Critically, the research did not seek to determine whether financial stress was itself a risk factor for

domestic violence. There is, however, a substantial body of research demonstrating that, although

women may experience domestic violence irrespective of their socioeconomic status, the prevalence of

domestic violence is closely related to poverty (Evans 2005; renzetti & Larkin 2009; Weatherburn 2010).

Finally, it is clear that many of the experiences of participants in this study are common to all people

experiencing financial hardship. However, for those affected by domestic violence, such experiences

may not only lead to poverty and an undermining of recovery, but also a serious risk of harm from ex-

partners who seek to continue the abuse. It is critical for governments and other institutions to respond

effectively to such circumstances of risk.

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ChAptER 2: Methodology

Methodological approach

An exploratory approach was used in the research in order to gather detailed information about the

ways in which domestic violence and system responses affect women’s economic circumstances. This

enabled a broad range of issues to be canvassed and allowed participants to indicate the relative

importance of these issues.

We drew primarily on qualitative research methods, conducting in-depth interviews and focus groups with

study participants. One of the benefits of a qualitative approach is that it allows participants’ voices to

pervade the research, providing ‘rich description and colourful detail’ (neuman 1997). This is generally

recognised as an empowering technique, particularly suited to research concerning gender-based

violence; a crime that typically silences, marginalises and disempowers women. Women in this study

were able to relate their own experiences of partner and system abuse, describe the reality of their lives

and explain how they interpret that reality.

Use of a qualitative approach also enabled inclusion of diverse participants in the study, including older

adults, women from culturally and linguistically diverse (CALD) communities, homeless women and

women with disabilities. Women from these groups are often excluded in larger quantitative studies, due

to their isolation, language or literacy barriers, physical barriers and other reasons (Marcus & Braaf 2007).

The study did collect some quantitative data. For clients, this focused on demographic information.

In addition, some of the material from the women’s qualitative interviews was quantified to provide an

indication of the frequency of responses to certain issues.4 For service workers, quantitative data was

collected through a survey listing strategies identified in the literature, which workers were asked to rank

according to their perceived usefulness.

Ethical issues

The study was conducted in accordance with the national Medical Health and research Council

guidelines for research on human subjects and received approval from the University of new South Wales

Human research Ethics Committee (ref: HrEC 08356).

In order to guard against negative outcomes arising from participating in the research, we sought to

preserve participant anonymity. participants were de-identified in the research and in the write up of the

report. All personal information has been securely stored.

retelling one’s experiences of abuse can be re-traumatising. recognising this, participation in the study

was entirely voluntary and participants had the option of withdrawing at any time. Despite the often

painful nature of these sessions, women were keen to participate in order to bring about change – for

themselves and for other women. All the female clients were linked with a service, which was able to

provide follow up support and debriefing, following interviews and focus groups.

In recognition of the time taken to attend an interview or focus group and of expenses incurred (such

as travel and childcare costs), the women who participated were remunerated for their participation.5

remuneration also reflected the difficult subject matter for the research and sought to financially

compensate women for sharing their experiences.

An important ethical consideration was to provide information about the study findings and outcomes to

participants in a meaningful way. During the study, feedback was provided through written and verbal

updates to services, for circulation to their participating clients. Feedback was also provided more

4 This was not possible for responses in the focus groups.5 The research budget did not extend to remuneration for services or individual workers.

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generally through updates in the Australian Domestic and Family Violence Clearinghouse Newsletter and

on the Clearinghouse web site, through conference presentations (also posted on the web site), and at a

national forum held with services in March 2010.

Data collection

Four methods of data collection were employed:

� literature review

� in-depth semi-structured interviews and focus groups

� dissemination of a survey instrument

� service forum.

Literature review

A review of Australian and international literature was conducted to inform the development of questions

for the interviews and focus groups. The review canvassed ways in which violent men affect economic

outcomes for their female partners. The literature was also interrogated to identify areas where system

barriers and failures have been cited as contributing to poor economic outcomes for women affected by

domestic violence.

Additionally, the review sought out reports of initiatives designed to support women’s financial

independence and build capacity. Where information concerning the efficacy of these measures was

available, it has been noted.

Interview and focus group participants

The research team worked on the project with eight community-based services across Queensland,

South Australia and Victoria. These services all see clients affected by domestic violence. The services

recruited workers, managers and clients to participate in the study and provided facilities to hold

interviews and focus groups. Fifty-seven female clients participated in the study; thirty-two in face-to-face

interviews and twenty-five in 7 focus groups. One individual interview and 8 focus groups were held with

fifty workers across the different services.

The selection of services for the study aimed for diversity. participating services were from three different

Australian states and included two regional services. In terms of type of service, the group consisted

of four domestic violence services, a women’s health service, two legal services and a generalist family

support service. One service catered specifically for older adults and one for migrant women.

Services were able to recruit a very diverse range of female clients for the study.6 Women ranged in ages

from 18 to over 70 years, with thirty-one women indicating that they were over 40 years. Eight women

had no children, while forty-one had children under the age of 16; the remainder having older or adult

children. Over a third of the women were from CALD backgrounds, with eighteen women speaking a

language other than English at home. Two women identified as Indigenous. Thirteen women indicated

that they had disability (including mental health issues).

In terms of employment, thirteen women had part-time and seven had full-time paid work. The group

reported a range of income levels, with most women receiving between $300 and $1199 a fortnight.7

Some had lower incomes and six women stated that they had no income at all (e.g. migrants without a

working visa and no access to government income support). Five women earned $1500+ a fortnight.

Two women were still living with their partner and some had only recently separated. Others had

separated some time ago and a few had been separated for over ten years.

6 note that one participant did not complete a demographic survey. 7 Sixteen women received $300-$599, thirteen women received $600-$899 and eight women received $900-1199 per fortnight.

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Information was gathered through in-depth, semi-structured, reflexive interviews (averaging around

one hour) and focus groups (averaging around two hours), conducted from May to August 2009. The

interviews and focus groups were audio-recorded and transcribed for analysis.

Survey Instrument

All of the fifty workers participating in the study were asked to fill in a written survey, ranking strategies

identified in the literature for their usefulness in supporting women’s financial security. There was a 100%

return rate. A copy of this survey is available in Appendix A.

Service forum

In March 2010, the researchers held a one day, national forum in Sydney with service providers from

around the country to present the findings of the interviews and focus groups and to discuss existing and

potential responses to assist women to become more financially secure. As it was not possible during the

forum to discuss all the areas addressed in the research, focus was given to: debts, bills and banking;

social security; child support; employment; accommodation; and legal issues.

The forum, attended by approximately ninety participants, generated many recommendations.

A summary of recommendations from the forum can be found in Appendix B. not all of these

recommendations were considered appropriate by the researchers and some contradicted each other.

Those recommendations that align best with the objective of empowering women and which seemed

most feasible to implement have been included in the report.

Data analysis

Interviews and focus groups were recorded and thematic analysis was applied to identify major trends

and patterns. researchers were also interested in unique issues arising in individual cases that provided

a deeper picture of the participants’ experiences.

A quantitative analysis was applied to participants’ demographic data and to count frequency of

responses to key questions. The workers’ written survey responses were also quantified to assess which

strategies were deemed most useful in responding to financial security issues.

Issues and themes from the discussions and presentations at the service forum were identified, and

where appropriate, integrated into the recommendations.

Strengths and limitations of the research

The research was greatly strengthened by the number and diversity of study participants. This

provided a spectrum of experiences, producing a wide coverage of financial issues resulting from

domestic violence. It also generated considerable depth of information, as many women shared similar

experiences and outcomes. This lends greater weight to the study findings.

However, despite this diversity, the study captured few Indigenous voices. While the researchers deliberately

selected several services and locations that had significant numbers of Indigenous people, we were unable

to attract greater participation by this population group. There were at least two clients who identified as

Indigenous8 and one Indigenous worker in the study. Additionally, there were other workers who assisted

Indigenous clients, as well as other clients who had Indigenous ex-partners or children. These participants

were able to contribute to discussions about Indigenous experiences. Overall, however, a clear picture of the

economic consequences of intimate partner violence particular to Indigenous women did not come through

very strongly in the research. Given the significant economic disadvantage faced by Indigenous people

generally and the often serious and widespread incidence of violence in Indigenous families, a greater sense

8 As a percentage of the total number of client study participants, this is greater than the population average.

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of the barriers and avenues to Indigenous women’s financial security would have provided clearer direction in

the study recommendations for this population group.

The recruitment strategies for the study had two other limitations. One is that women clients self selected

to participate in the study and, therefore, were possibly more likely to have experienced negative economic

effects as a result of their experience of abuse. It is unlikely that women affected by domestic violence, who

experienced no financial effects as a result, would have shown interest in participating. This may have slanted

the findings towards negative financial impacts of abuse. Despite this, many women were also able to discuss

positive factors that had already (or could in the future) put them on the path to economic recovery and

security. Wherever possible, we have attempted to capture these positive factors.

The other limitation is that while the study recruited eight community-based services, key government

agencies were not included in interviews or focus groups. This was due to the limitations of time and staff

resources for the study. The researchers did attempt to reference relevant policies and programs through

searches of government printed information and web sites, and phone calls to individual departments.

The researchers also attempted to hold a forum with government agencies to discuss the issues raised

in the research and source additional information about policies, programs and other initiatives aimed at

women affected by domestic violence. However, this had not eventuated at the time of writing.

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ChAptER 3: What is financial security?

Defining financial security

To support women’s transition from violent relationships to safety and economic wellbeing, it is essential to

understand how women define ‘financial security’ for themselves. rather than relying on a conventional

definition (see chapter 1), we wanted study participants’ perceptions of financial security to guide the

research. What would it look like for them and what would it represent?

While initially women in the study expressed entirely modest views, over the course of the research it

became clear that financial security held much greater significance; it represented empowerment and a

means for women to regain their sense of self and agency.

Initial responses

When first asked to define financial security, many women in the study seemed bemused – as if the notion

was something so far outside their current experience as to be unimaginable:

I don’t really know what it means to be financially secure. All I know is every time the phone rings and someone wants money off me, even now, I just freak out. [Service 3 Client 1]

nonetheless, even if they found it difficult to ‘define’ financial security, most women could give practical

examples of what it would look like for them (e.g. finding a stable job, owning a home). Several women

spoke about the security of having a regular source of income:

For me, it’s cash flow. Reliability of cash flow, knowledge and reassurance that there is cash flow. That there is not going to be a gap or you’re going to fall into a ditch… [Service 8 Client 5]

Having money to fall back on – a ‘nest egg in the bank’ as one woman described it – was a common

theme. Women spoke about having funds in reserve for emergencies and a few spoke about their

attempts to start saving.

Many women’s responses centred on the needs of their children. For several women, financial security

meant being able to cover their children’s basic expenses, such as for food and education. Others

defined security in terms of having money for children’s sport and other activities, to take children on

holiday or buy them Christmas and birthday presents. Women also talked in more general terms about

ensuring a ‘better life’ and a ‘better future’ for themselves and their children.

The importance of financial control

As the researchers explored the notion of financial security in more depth with women, they uncovered a

deeper layer of meaning: that financial security was not just about meeting daily costs but about women

re-gaining control over their lives, counteracting the disempowerment they experienced as a result of

relationship abuse.

The women interviewed wanted to be financially independent, not only of their ex-partners but also of

family, government agencies and creditors. Being financially secure ‘really means being able to look after

myself, pretty much by myself if possible’ explained one client. Another woman spoke about being able

to make decisions without having to seek ‘permission’ from someone else.

The theme of children’s needs also arose in the context of women taking financial control:

Having my own financial independence and complete decision making over what I do and what I spend and how I support my children is at the forefront of any decision I make. That’s what financial security is to me. [Service 8 Client 5]

[back to table of contents]

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Workers in the study defined financial security for their clients similarly, placing a strong emphasis on the

importance of women having ‘choices’ about the way their money was spent and being treated with ‘dignity’.

In addition, they defined financial security in terms of women’s understanding of financial matters: as the

‘knowledge of what is available’ and the ‘ability to make decisions in a proper space of time’.

What is clear from the responses of women and workers is that financial security involves more than

just being able to meet daily and future needs. Ultimately, it represents empowerment and is, therefore,

critical to women’s ability to heal from abuse and move on with their lives.

Financially secure now

In addition to exploring women’s definitions of financial security, the researchers were interested in how they

felt about their current circumstances. Most women did not feel financially secure, although there were

some important exceptions. Overall, of the thirty-two women who participated in individual interviews, twelve

(37.5%) said they were financially secure and twenty women (62.5%) said they were not.

Not financially secure

Most women did not feel financially secure and spoke of the difficulties they experienced just getting

by from day to day, with some having to make critical decisions such as between food and nappies for

the children, or having to ‘scrimp’ on heating to reduce their electricity bill. One woman described her

situation in stark terms:

I’ve got no money. I don’t know where the money for the next meal is coming from. I’ve got nothing. [Service 3 Client 2]

At the same time, it is worth noting that many women felt that it did not matter that they were not

financially secure now; that it was worth it to be free of the violence:

I don’t care about the money. I mean the bills have to be paid and everything else but just not having to live with that anymore is worth it for me. [Service 7 Client focus group 2]

Financially secure

While most women did not feel financially secure, a small number of women were more positive about

their situation. One described herself as ‘getting there’; while another felt she was ‘nearly’ financially

secure. Other women were hopeful that they would be financially secure ‘one day’ and emphasised that

it ‘takes time to build yourself up’. For several clients, the fact that they had control over their money was

enough to make them feel secure:

Well the money we had wasn’t mine anyway but what I’ve got [now] is – so I do [feel secure]. [Service 6 Client focus group]

However, in many cases it was also clear from their responses that whatever sense of financial security

they had gained was highly precarious. One client was having to work two jobs to meet her ‘basic

needs’, while another felt that the only reason she was secure was ‘because I’m not game enough to take

any more steps further to change’ and had instead decided to ‘make do with what we’ve got’. Women

were also conscious that their financial circumstances might change at any point.

Women who described themselves as feeling financially secure were, therefore, careful to qualify their

responses. As for the other women in the study, financial security remained an elusive goal.

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The women’s reflections on financial security point to key issues in social inclusion debates. While

concerns about social inclusion centre on economic issues and economic participation, they also

encompass wider issues of participation that are affected by the disempowerment that comes

with poverty, political, cultural and social marginalisation. Ethicist, peter Singer has stressed the

disempowering effect of economic marginalisation in his analysis of global poverty, arguing that it goes

beyond unsatisfied material needs, to encompass a ‘degrading state of powerlessness’:

If someone takes what little you have, and you complain to the police, they may not listen to you. Nor will the law necessarily protect you from rape or sexual harassment. You have a pervading sense of shame and failure because you cannot provide for your children. Your poverty traps you and you lose hope of ever escaping from a life of hard work for which, at the end, you will have nothing to show beyond bare survival (Singer 2009, p. 6)

Morrison (2010, p. 5) similarly reflects that poverty and social exclusion are more than material

deprivation, they involve repeated experiences in which ‘one’s dignity, worth and particularity are not

recognised’. Sentiments expressed by women in the Clearinghouse study strongly connect with these

perspectives. They underline the significant contribution of the intertwined issues of poverty and

domestic violence to the social exclusion of women victims.

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ChAptER 4: Financial security and leaving abusive partners

Finances a factor in decisions to leave

The research investigated how significant a role financial circumstances play in women’s decisions to end

an abusive relationship and found that they are very often a key factor.

Two major patterns emerged: some women indicated that their lack of financial security within the

relationship prompted them to leave; while other women indicated that their concerns about their future

financial security prevented them from leaving or kept them dependent on their ex-partner even after

leaving. Only a few women did not see finances as playing a significant role in their decision.

Finances prompted women to leave

Some women in the study specifically cited financial abuse as one of the reasons they had decided to

leave their ex-partners. For one woman, the eventual realisation that her partner had been manipulating

her financially was profound:

The main thing was the finances. My partner used financial manipulation to pressure me. I didn’t realise it was going on because I didn’t think it could happen to me... [Service 3 Client 2]

Some examples of abuse reported by women included:

� partners controlling the household income, with women having to ‘fight’ for money for basic

items, such as tampons and deodorant, or being forced to pay for their partners’ debts

� fraud, including partners accessing women’s bank accounts without their knowledge and/or

authorisation or appointing women as company directors as a means of tax evasion

� partners controlling women’s employment, either by pressuring women to work or preventing

them from working

� partners’ spending priorities having an impact on the family’s financial situation and, thereby,

quality of life.

That was a lot of the reason why I left, because he preferred to pay for alcohol than buy nappies for our baby. [Service 3 Client focus group]

Finances prevented women from leaving

Many women’s concerns about being financially insecure prevented them from leaving an abusive

relationship:

It was a big part of it… I thought, ‘How do I have all my needs – groceries, medications – met? I thought, ‘What am I going to do?’ It took two to three years for me to finally say, ‘What’s worse: doing without or doing this?’ [Service 4 Client 3]

Some participants had been threatened with financial consequences if they tried to leave, such as being

threatened with costly legal proceedings.

Financial insecurity was also a factor for some in being caught in a cycle of leaving and returning to the

abusive relationship:

He completely left us cactus, right down to disconnecting utilities on me when he was forced to leave the home, which was rented… It forced me to go back because [the baby and I] couldn’t survive. [Service 8 Client 5]

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The perception that financial circumstances prevent women from leaving their violent partners was also

strong amongst service workers, with one staff member commenting:

I think that’s 90% of the reason they stay in the situation. 10% is kids and 90% is financial. [Service 5 Staff focus group]

Ongoing financial dependence

Several women also spoke about remaining vulnerable to their ex-partner’s violence even after leaving, as

their lack of financial security prevented them from taking steps to completely end the relationship (e.g.

by relocating interstate). One woman spoke about continuing to be financially ‘intertwined’ with her ex-

partner for years after leaving:

Even though I had my own home and car and things like that, I would rely on my ex for things like going out places that I couldn’t do. Especially with my daughter, providing her with things that I couldn’t do myself. So that would elongate this relationship that really wasn’t healthy. [Service 2 Client 5]

Finances not a factor in decision to leave

It would be inaccurate, however, to suggest that financial circumstances are always a factor in women’s

decisions to leave or stay in a violent relationship. Indeed, a sizable minority of women (28%) said that

they had not given much consideration to their financial circumstances before leaving.

In some cases, this was because women had felt financially secure enough to leave, as they had an

independent income, some savings or secure housing. In other cases, circumstances had overridden

any financial considerations. This was usually following an incident of more severe violence against a

woman or her children. For example, one woman left immediately after she found out that her partner had

sexually abused her daughter:

But the situation I was in, I just couldn’t think about the money side – I just had to get out. [Service 7 Client focus group 3]

Support of family and friends

In estimating their financial resources when considering ending an abusive relationship, women may

consider the capacity and willingness of family and friends to assist them. Family and friends are often

the first point of contact when women experiencing domestic violence seek help (Department of Human

Services & partnerships Against Domestic Violence 2004; Moe 2007). Unfortunately, research also

suggests that family and friends frequently respond in ways that are unhelpful; for example, by reacting

judgmentally or blaming the victim (Goodkind et al. 2003; Moe 2007, pp. 685-685).

The women in this study experienced mixed responses from family and friends. Of the thirty-two women

who participated in individual interviews: fourteen (44%) said their family and friends provided financial

or material support, while a further three (9%) said they provided emotional support only; fourteen (44%)

said their family and friends did not provide any support; and one (3%) did not indicate either way.

The researchers explored the kinds of assistance provided by family and friends to women in the study,

as well as women and workers’ reflections on the importance of family and friends’ responses. For the

purposes of this report we have focused only on financial and material assistance provided.

Financial and material support

Several women received direct financial assistance from family and friends, in the form of loans of money

or the payment of various debts and bills. Such contributions were highly valued. From one woman’s

perspective, the money from her father kept her ‘afloat’:

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I couldn’t even get to feeling financially secure now if it wasn’t for my dad. Money that he’s given me that I owe him – it’s enormous. That’s the only way that I’ve kept afloat. I probably would have lost my house if it wasn’t for my dad. [Service 5 Client focus group]

In the case of other women, assistance came in less direct, albeit no less useful, forms. The main form of

material assistance women received from family and friends was free or subsidised accommodation. At

least thirteen women in the study moved in with family and friends when they initially left the relationship.

Some only stayed with family and friends for a week or two, while others stayed for longer periods.

Often accommodation was provided to women even when their family and friends’ resources were

already stretched:

They didn’t support me financially because my parents are separated and my mum’s on Centrelink as well but I do live with them. They’ve taken me in. There’s seven people in our house. [Service 3 Client focus group]

This assistance was essential not only in keeping women safe but also in enabling them to pay off debts

from the relationship or save money for the future:

With mum I wasn’t paying her rent or anything like that, so that was a huge thing. I could pay off debts that were accumulated in my name because of it, so I could wipe that out. [Service 2 Client 1]

Many women also received material support from family and friends in other forms, including offers of

food and clothing, access to a car, free child care, and assistance when moving house or with home

maintenance. Women noted that sometimes family and friends were more willing to assist them with their

children’s needs (e.g. by purchasing school uniforms) than with other purchases.

Limitations to support

While women were grateful for the assistance they received from family and friends, it could also be a

mixed blessing. Some of the difficulties reported in relation to the assistance included concerns about:

� family and friends becoming targets of abuse and harassment, as well as the emotional toll of

the situation on them

� women not being able to pay back money they had borrowed from family and friends

� women living in unsuitable or overcrowded accommodation, potentially exposing them to

further violence

� women’s eligibility for public housing being re-assessed because they were considered to

be living in safe accommodation, even though it was only temporary (this issue is discussed

further in chapter 6).

In addition, some women received support from family and friends, only for it to later be withdrawn. One

migrant woman, who had been sent back to her home country by her husband, initially received help

from his sister but was then cut off:

My ex-husband’s sister disagreed with what he did to me and paid for me to return [to Australia] so I could be close to my son. She helped me with the application, plane ticket and accommodation when I got here. At the time, I had a tourist visa for three months. When my holiday visa finished, she didn’t want any further involvement. [Service 1 Client 2]

In this respect, family and friends can be an unreliable source of assistance, even for those who initially

received positive reactions to their situation.

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Did not receive assistance

A large proportion of the participants did not receive any assistance from family and friends. Within the

sample of thirty-two women who participated in individual interviews: three (9%) said they did not have

family and friends that they could call on; two (6%) said their family and friends were unaware of the

situation; and nine (28%) said their family and friends did not want to or could not provide support.

No family and friends

Several women spoke about the added difficulty of having to leave their relationship without having any

family or friends to turn to for assistance. Often women’s lack of personal support networks resulted from

their ex-partners physically or socially isolating them from family and friends. Workers also commented

that the poverty that may accompany separation could itself lead to women being isolated:

I think also when you deal with financial insecurity, the separation also separates women from the social networks that would actually support them… The other women that might have been part of their social network... are just not available to them. That poverty takes them away from their social networks. [Service 5 Staff focus group]

Social isolation from family and friends was a particularly common issue among the women who lived in

regional towns and among CALD women who had no immediate family members in Australia. In addition,

some women in the study were estranged from their family members who were also abusive.

Family and friends not told

A few women had chosen not to tell their family and friends about the abuse. The primary reason they

gave for this decision was that they preferred to keep the matter private or were embarrassed. Some

women did not want to burden others with their problems, emphasising their desire to remain self-reliant:

I just want to show my children they can be independent and you can be a single mum and work and financially look after everybody. I just don’t want to rely on my family because I haven’t for the last fifteen years, so I don’t want to start now. [Service 7 Client focus group]

Family and friends did not want to or could not provide support

Finally, a significant group of women in the study said that their family did not want to or could not provide

support. The reasons for family and friends refusing support were diverse.

Several women experienced blame or disbelief from family members and were told that they should

return to their abusive partners. In particular, some women’s family and friends were influenced by

cultural beliefs about maintaining the family unit and the stigma of being a single mother. Other women

acknowledged that their family and friends had previously provided assistance but had since ‘given up’.

Women found it particularly disheartening that their family and friends did not at least offer assistance for

their children:

I’ve got two brothers and parents and no offer to come and stay there for a couple of nights or anything. I mean, I didn’t ask either but I just found that a bit difficult. Even if they don’t want to help me, to help the kids… [Service 2 Client 2]

A few women also spoke about their family and friends not being in a position to assist them because of

their own physical and mental health conditions.

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timing of assistance

Aside from the informal support of family and friends, various forms of financial and material support are

currently available to women leaving domestic violence through a diverse range of organisations. While

the specific forms of support available will be explored in detail through the course of the report, one

common issue raised in the study was the timing of assistance and how it affects women’s decisions to

leave or stay in the relationship. We were keen to explore whether women believed there was a best

time to receive financial assistance and why. participants’ answers were varied: some felt it was best to

receive assistance before leaving the relationship, some thought it should only be provided afterwards,

and some thought ongoing assistance was necessary:

I think if I’d had financial support before I’d separated the first time, it would have been a lot easier to even consider doing it. [Service 2 Client 5]

Sometime afterwards [would be best] because when he first left, I was a bit of a wreck. Now that everything’s in place and I can see a picture, it’d be nice now. [Service 4 Client 2]

I think that the need for financial security and support is ongoing but the circumstances change as you go along. You go through different cycles as to this is an issue this time, now this is an issue. [Service 5 Client focus group]

The participants’ experiences provide valuable insight into the kinds of interventions required to build

women’s financial security and point to the need for support at three key stages:

� before leaving, when (particularly for women with low or no financial resources, and with

limited or no support from family or friends) the provision of information about financial

and material support that is available may aid women in their decision to leave a violent

relationship

� immediately after leaving, when the provision of adequate financial and material support

could prevent a rapid descent into poverty or possible return to the violent relationship,

forming a base from which they might begin to build a more secure future

� in the long term, when the provision of financial and material support, as well as economic

capacity-building, could assist women to become financially independent.

This framework of interventions guides the analysis in the subsequent chapters of this report, each of

which explores a key aspect of women’s economic security.

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ChAptER 5: Debts, bills and banking

Case study

Jane, a woman in her early thirties, had been separated from her husband for around twelve months

before speaking with Clearinghouse researchers. For most of their five-year marriage, she had been

the main income earner, supporting her husband during his studies.

When she decided to leave the relationship, all her money was ‘locked’ into the house they had

recently bought: ‘I was really worried. I didn’t have any savings’. She also had a substantial credit

card bill to pay off.

A week after they separated, Jane’s ex-husband withdrew $15 000 from a joint account. next, he

refused to meet repayments on the mortgage, even though he was living in the house. When Jane’s

lawyer wrote to the bank, explaining the situation, she received an unsympathetic response. In

the end, Jane and her ex-husband ended up paying back $11 000 more than they had originally

borrowed:

We borrowed $325 000 and ended up paying back $336 000 ... they’ve added up all the arrears and all the dishonour fees, plus the interest accumulating.

Since selling the house, Jane had been trying to sort out a number of overdue bills. Although it was

her ex-husband who had stayed on, all of the bills were in her name. After her experience with the

banks, she did not expect the utilities to offer much assistance:

I’m not even going to go through this because they might think I’m making it up.

Looking to the future, Jane suggested companies might be more understanding if they were made

aware of the impact of family violence:

If we actually have ... awareness of family violence – if I ring them and tell them, ‘We’ve left the house’ – [the company] should make some arrangements; send the bills to him not to me...

Financial abuse and women’s money management

Financial abuse is an often overlooked but insidious means by which some men control their partners’ lives

even after separation. research indicates that it can undermine women’s basic money management skills

and their confidence in dealing with financial matters, or leave them with a poor credit rating and outstanding

debts (Advice Development project & refuge 2008; Evans 2007; VonDeLinde & Correia 2005).

In light of these findings, the research explored participants’ concerns about banking, debts and bills,

and the extent to which they had been able to access assistance in these areas.

Barriers

Banking

The three most common areas of difficulty women experienced in relation to banking were loans, bank

fees and joint accounts.

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Loans

Loans were the most common source of anxiety for participants when dealing with banks and other

lenders. Banks and lenders refusing to take account of the women’s changed circumstances or to

separate out their ex-partners’ liabilities from their own were major stressors.

Struggling to keep up with repayments on existing loans led to penalties for late payments or to being

found to have defaulted on a loan. This not only increased debt but gave rise to a bad credit rating.

Applications for new loans were undermined by poor credit ratings, often related to their ex-partner’s

debts. In some cases, women had no credit rating, as all accounts had previously been in their ex-

partner’s name. This pushed women towards less reputable lenders with high interest rates and fees, or

to a reliance on credit cards:

The closest thing I get to a loan is a Cash Converters loan, which [is] huge... [I’m] rolling it over all the time because I’m always behind. [Service 2 Client 2]

In the end I think I’m just going to have to learn to live with a big Visa limit. There’s no alternative. [Service 5 Client focus group]

Whilst some banks had agreed to waive dishonour penalties (proving it is possible) women were

distressed by the general lack of sympathy from lenders. This was particularly disappointing when they

had continued to make repayments but their ex-partner had not. There was a strong sentiment that they

were being penalised for their ex-partners’ actions and were subsequently stuck in a debt spiral.

Bank fees

A second and related issue that arose for women in the study was that of bank fees. In addition to

penalties associated with late mortgage or credit card repayments, several women mentioned fees

associated with daily transaction accounts. As many were living on low incomes and had minimal

savings, they were particularly vulnerable to charges for overdrawn accounts:

I’m the type of person who now goes to the supermarket and I have $1.50 in my account which I can’t get out obviously, so I’ll use EFTPOS to get something worth $1.40. So it’s very close to the bone. But then I get slugged with fees, every single month. [Service 3 Client 1]

In response to criticisms from a range of consumer groups, banks have undertaken some reforms in this

area since the research (Gluyas 2009a; Gluyas 2009b; Gluyas 2009c). These reforms should alleviate

some of the financial stress experienced by women in this situation.

Joint accounts

Several participants’ ex-partners had withdrawn money from a joint account without their knowledge and/

or authorisation:

As soon as we separated, a week later he withdrew $15 000 on his credit card. It’s not his account; it’s both of our joint accounts. And he just took the money away... After the house was sold and the mortgage was paid, the bank refunded the deferred establishment fee for the loan. By the time I found out – I got the statement – he’d already withdrawn the money from an ATM, so [that’s] another $900. [Service 7 Client 1]

On the other hand, the abuse of joint accounts was one of the few areas in which financial institutions

appeared to respond well to women’s complaints, with numerous participants reporting that their bank

had taken action to prevent further abuses.

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Bills and debts

When women leave an abusive relationship they often carry the burden of paying for bills and debts

accrued by their ex-partner and this is compounded by the costs of establishing a separate life for

themselves and their children. paying off utilities, hire purchase contracts, mobile phone plans, parking

fines, Centrelink overpayments and even an ex-partner’s illegitimate ‘biker’ debt, were some of the items

identified.

One especially common tactic of abuse described was for the perpetrator to disconnect utilities after the

woman left the home, forcing her to pay for reconnection fees when she returned to the property:

He cut off all the electricity to the house, the gas, water – everything that was on his name… The internet, everything, just chopped. And I had to pay all the reconnection fees. [Service 5 Client 3]

The level of debt experienced by participants and its ramifications for their overall financial security

ranged widely. In a small number of cases, women experienced extreme levels of debt, resulting in them

becoming insolvent or bankrupt. Other consequences included women having essential services cut off,

having to pay reconnection fees, or being threatened with court action.

Of particular concern was the fact that many companies have hardship policies but fail to make them

readily accessible to customers. According to the workers, women are rarely aware of the policies and

even customer service officers are often unable to provide the relevant information. Workers also felt that

an element of individual discretion was often at play when negotiating with big companies.

Even when women were aware of hardship policies, they found it difficult to negotiate with companies for

extensions of time or discounts on bills as they did not want to disclose their situation or did not want to

feel like they were ‘begging’:

He ran up a water bill... $400 and something that came to me. I had to pay it off in instalments. I’ll do without even eating rather than go and ask, look like I’m begging. [Service 3 Client focus group]

Finally, there was a perception among some service workers that companies would target women rather

than abusive men to pay the bills:

They will pursue who they think they can get the money out of and perps become untouchable because they’re so uncooperative. [Service 2 Staff focus group]

Such practices are deeply troubling and underpin participants’ perceptions of systems ‘siding’ with

domestic violence perpetrators, rather than holding them accountable for their debts and bills.

A question of accountability

Concern about a lack of perpetrator accountability was a common theme throughout the study but was

felt particularly strongly in regards to debts, bills and banking. Some organisations, including banks,

companies and government agencies, were seen to protect abusers. Many participants were angry and

frustrated that they were penalised for what were ultimately their ex-partners’ actions and there was a

pervasive view that perpetrators were able to shirk their financial responsibility:

I ended up going insolvent ... because my partner left me in debt because all the bills were in my name of course. I had a [loan] contract for two years. Now that’s a black mark against my name and I can’t get loans and I can’t get all that sort of stuff. That comes out each fortnight... I’m really struggling with that. He gets away with it scot-free. [Service 5 Client focus group]

How hard is it? How hard is it to go, ‘$12 000 [in rent arrears] – we’ll split that’? How hard is it for a school to go, ‘We’ll send you the bill for $140 and we’ll send him the bill for $140’? It does not happen. Nowhere is responsibility taken on board. [Service 2 Staff focus group]

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Strategies

Four main strategies had assisted women in managing debts, bills and banking:

� supportive action from banks (particularly on joint accounts)

� special financial products developed for low income earners

� financial counselling

� financial literacy education.

Supportive action from banks

One woman found her husband had drawn $40 000 out of their joint account. On presenting at the local

branch, accompanied by a lawyer, the bank cancelled the account and divided the remaining money

between them: ‘I never knew that [I could do that or] I would have done it before’, she commented.

Another woman discovered that the bank could transfer money from a joint account into a new account in

her name. She warned the bank teller:

‘You know the shit is going to hit the fan... He’s going to come in here and abuse you’. [The bank teller said,] ‘Men like your husband – I eat for breakfast’. I thought, ‘Oh, wow’... She goes, ‘If he causes any trouble, we’ve got security’. [Service 6 Client focus group]

Both of these examples demonstrate the capacity for financial institutions to respond decisively to

economic abuse, acting in a way that clearly holds perpetrators accountable.

Special financial products

The recent development of special financial products for low income earners has also opened up new

possibilities for women. The literature review identified a range of products for low income earners which

may be of value to women affected by domestic violence, including bank loans with reduced fees, matched

savings accounts9 and interest free or low interest loans (Correia 2000; Floyd 2008; Gupta 2006).

A range of organisations in Australia offer such products in conjunction with banks, the best known being

the Good Shepherd Youth and Family Service’s no Interest Loans Scheme (nILS) and the Brotherhood of St

Laurence’s Saverplus scheme. During the course of this study, the Commonwealth Government announced

an investment of $33 million in funding to expand the availability of these services nationwide.10

While most of these schemes are open to all low income earners, a number of services operate programs

specifically targeted at victims of domestic violence. For example, UnitingCare Kildonan in Melbourne,

Victoria, offers no interest loans of up to $6000 under its Family Violence Loans program, a significant

increase on its generic scheme, which only provides loans of up to $1000.11 The Good Shepherd Youth

and Family Service also works in partnership with other community organisations to develop specific

purpose nILS and, for example, has extended its loan scheme in Victoria through the Eastern Domestic

Violence Service (M Machen [Eastern Domestic Violence Service] 2009, pers. comm., 19 January).

However, this study found that while workers were aware of such products, most women were not.

Furthermore, as a form of microcredit, the products are limited in size, typically ranging from between

$800 and $2000. To the best of our knowledge, UnitingCare Kildonan is unique in offering loans of up to

$6000 to domestic violence victims. As such, while these products represent a good alternative to Cash

Convertor loans or credit cards, they do not address the broader issue of women’s access to bank loans

for housing and other major assets.

9 Special savings accounts, whereby a financial institution or charity matches the personal savings of the account holder.10 See the prime Minister’s web site. Viewed 17 June 2010, <http://www.pm.gov.au/node/6252>.11 See the UnitingCare Kildonan web site. Viewed 17 June 2010, <http://www.kildonan.unitingcare.org.au/financial_counselling.php>.

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Financial counselling

There is growing local and international recognition that women affected by domestic violence may

benefit from personal financial advice and assistance, particularly in the form of economic advocacy

(Branigan 2007; Christy-McMullin 2002; Correia 2000; Evans 2007; Farney 2004; Gupta 2006).

Some women had accessed financial counselling in the form of simple budgeting advice, while others

had benefited from direct advocacy to companies or government agencies. While all of the services in

this study provided some form of in-house financial counselling, only one service employed professional

financial counsellors. Most services were only able to provide minimal assistance and workers indicated

that they were more likely to refer clients to financial counsellors at other organisations due to resource

pressures or because they felt that professional financial counsellors were better placed to negotiate with

creditors. In general, participants appreciated this service, particularly where it involved direct advocacy:

I had so many debts that I was too scared to look. And about six weeks ago I sat down with one of them [a financial counsellor] and she’s been absolutely amazing. She’s gotten me concessions on all my bills and a one-off $400 payment for my electricity bill. [Service 3 Client 1]

However, a cautionary note was expressed in relation to financial counselling as a response to victim’s

financial difficulties. Financial counselling can tend to cast economic hardship as an issue of lack of

financial skills and knowledge. This minimises other factors such as low income or sexually transmitted

debt, and fails to recognise many women’s deft financial management skills:

A lot of the time, it’s not about financial management. It’s about it’s just not enough money to go around. [Service 4 Staff focus group]

There’s not usually a good understanding of domestic violence or economic abuse, so the women are usually held responsible for being really bad ‘money managers’ ... and what they really need to do is get a bit more ‘discipline’ about their spending… I’ve never sat in an office with a financial counsellor when someone’s gone and turned around and said, ‘And look what he’s done here’ and held him accountable. [Service 2 Staff focus group]

In addition to the problems around victim blaming, women’s lack of control over the decisions made

during financial counselling raised some concerns. Several women reported being pushed into

arrangements that they were unhappy with and in some cases, financial counselling is a compulsory

prerequisite to receiving other forms of assistance, such as interest free loans or food vouchers.

Case study: Financial counselling outreach service

Families SA, the statutory child protection agency in South Australia, has an anti-poverty team

which provides financial counselling across the state. One service in the study has developed a

partnership with Families SA, whereby their financial counsellors visit the centre on a fortnightly basis.

The financial counsellors provide one-on-one counselling and have also done some group work with

the service’s clients.

According to the workers at the service, there are three main benefits to this model. First, it brings

Families SA’s financial counsellors into a safe context for women, who may otherwise be hesitant to

use them due to the negative associations of child protection authorities:

Some of the feedback we’ve had [from women] is that their experience of seeing them here feels like they have right of access to that service… as opposed to if they rock up at a district centre, they feel like they really have to advocate for themselves to have access to that stuff. [Service 3 Staff focus group]

Second, the service is able to have input into the financial counselling and to provide training to the

Families SA staff on how domestic violence impacts on women’s finances. As a result women do not

have to explain the circumstances leading to their economic hardship.

Finally, the workers are able to develop personal relationships with the Families SA staff and seek

advice on other matters. In this sense, there is also a strong capacity building component to the

partnership, highlighting the value of outreach work more broadly.

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Financial literacy education

Whilst the major focus of financial counselling is on solving immediate problems, financial literacy

education operates primarily from a preventative framework. ‘Financial literacy’ is defined by Jacob,

Hudson and Bush (2000, p. 8) as including principles of earning, saving, budgeting, investing, managing

debt and spending. The two main approaches to financial literacy education identified in this study were

face to face courses and written information.

In the United States (US), financial literacy courses have been tailored specifically to the needs of women

affected by domestic violence and include discussion of money in the context of power, oppression,

abuse and accountability (Sanders, Weaver & Schnabel 2007; VonDeLinde & Correia 2005). However,

these specialised programs do not appear to be available in Australia as yet.

In fact very few women in the study had accessed formal financial literacy education at all, outside of

the context of financial counselling. Some services identified resource constraints as a key factor in the

lack of availability of such courses, while previous research points to the challenges of delivering these

programs in the context of unstable living situations and other pressing priorities for women dealing with

abuse (Sanders, Weaver & Schnabel 2007; VonDeLinde & Correia 2005).

One of the most innovative approaches that the study uncovered in Australia was the Common Cents

mentoring project for marginalised women, run by Women’s Health Goulburn north East from March to

December 2009. This project trained peer financial educators to work with women one to one, offering a

‘flexible approach’ (Women’s Health Goulburn north East 2010). The service has since received follow-

up funding for a three-year financial capability building project, Tools for Change, aimed specifically at

women who have experienced domestic violence (S King [Women’s Health Goulburn north East] 2010,

pers. comm., 31 August).

There are a range of written financial literacy resources now available from federal and state

governments12, however these are also generic rather than specifically targeting women affected by

domestic violence. Once again, the US has tailored resources addressing the specifics of domestic

violence issues (national Coalition Against Domestic Violence 2005; national Endowment for Financial

Education 2002).

While services in the study made some use of written materials when working with clients, on the whole,

workers felt that they were of limited value, due to the complexity of the concepts being explored.

Recommendations

Criminalisation of economic abuse

There is a need for a stronger legislative response to economic abuse to support greater justice for

victims. Three Australian jurisdictions, the northern Territory, Victoria and Tasmania, expressly include

economic abuse in their domestic violence legislation (national Council to reduce Violence against

Women and their Children 2009b, p. 132), providing models for other jurisdictions to follow.13

Where financial abuse is included in the legislative definition of domestic violence, there is also a need to

review how well or consistently this provision is being enforced by police or the courts.

12 For example: Your guide to effectively communicating superannuation and financial literacy messages to women. (Federal Office for Women 2007); Women understanding money (Financial Literacy Foundation, Australian Government Office for Women and Security4Women 2008); the Victorian Government’s financial literacy training program for diverse groups of women (including an online training tool) launched in 2008; and Building on our strengths: a framework for action for women in the Northern Territory 2008-12.(northern Territory Government).

13 Domestic and Family Violence Act 2007 (NT), s8; Family Violence Act 2004 (Tas), s8; Family Violence Protection Act 2008 (Vic), s6.

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Supportive action from banks and utilities

Study participants urged banks and utilities to develop procedures that enable women who have

experienced domestic violence to request special consideration of their circumstances. When domestic

violence is disclosed, a range of options should be offered including:

� bill and loan splitting between women and their ex-partners

� increased flexibility in relation to loan criteria, such as deposit free loans, longer repayment

periods and greater consideration of rental history when approving loans

� temporary freeze on loan repayments

� opportunity to speak with a female customer relations officer.

Special financial products

There is a need for increased awareness and availability of existing special financial products, such as

no interest loans and matched savings accounts. The Commonwealth Government could encourage

uptake of these products by directly funding domestic violence services to provide them to women in

need. Services may also be interested in exploring partnerships with organisations such as the Good

Shepherd Youth and Family Services who, as noted previously, are able to develop specific purpose nILS

programs, including for women escaping domestic violence.

Financial counselling

The worker’s survey ranked individual financial counselling at the top of the list of useful strategies to

assist clients in dealing with issues around debts, bills and banking. However, it is clear that financial

counselling is also a contentious approach which may, in some instances, perpetuate victim-blaming

attitudes.

In light of these considerations, the researchers favour a model whereby funding is made available to

domestic violence services to appoint their own in-house financial counsellor or to arrange for a financial

counsellor to provide an outreach service to their clients. This model would give domestic violence

advocates more control over the approach to financial counselling undertaken and would also reduce the

need for referrals to external organisations.

Another option would be for financial counselling services to adopt guidelines for working with women

who have experienced domestic violence, to ensure they provide non-judgmental, culturally appropriate

advice to women. The development of such guidelines would need to be complemented by the provision

of training.

Financial literacy education

Financial literacy courses were rarely utilised by women in this study. Furthermore, there currently appear

to be no courses on offer in Australia specifically targeted at women affected by domestic violence. As

such, there is significant potential to expand assistance in this area.

participants underscored the importance of making financial literacy education a priority within schools as

part of prevention. While they felt both girls and boys should be trained in dealing with financial issues,

they argued that schools had a particular responsibility to stress to young women the importance of

maintaining financial independence in their relationships. As one participant put it, women need to know

about money ‘before they even get into these relationships’.

While some of this work is already being undertaken in primary and high schools under the national Consumer

and Financial Literacy Framework (Ministerial Council for Education 2009), from the perspective of women and

workers in this study, it is essential that these programs include a gender perspective and are underpinned by

an understanding that economic abuse is a form of domestic violence.

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Key recommendations

� Government to fund special financial products for domestic violence victims; e.g.:

à no or low interest loans and matched saving accounts

� Governments to directly fund domestic violence services to provide in-house financial

counselling

� Financial institutions to introduce policies to address financial abuse; e.g.:

à loan or bill splitting between women and ex-partners where debts are generated jointly

à greater flexibility in relation to loan criteria

� Education departments to review financial literacy education curriculum in schools to

include a gender analysis.

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ChAptER 6: Accommodation

Case study

Kate was in her early 50s and had lived with her ex-partner on a rural property for several years. She

experienced emotional and financial abuse and was eventually physically assaulted. Her partner

moved out several days later but continued to make threatening phone calls for weeks.

Although Kate paid to have the locks changed, she was worried that her ex-partner had found a way

to access the house, as she noticed several objects had been moved around. Unfortunately, Kate

could not afford any additional security measures:

In terms of money, I would have had a solar farm gate so I could drive in and out and it would lock. I didn’t have that. I would have changed the locks on my house [again]. I would have had some sort of video surveillance of the drive for when I wasn’t there.

The house also required substantial building repairs and eventually Kate was forced to leave.

Kate wanted to apply for public housing and was being assisted to do so by a domestic violence

crisis service. She was also looking for private rental accommodation but most of the properties

within her price range were mouldy or had dust mites, which exacerbated a pre-existing medical

condition:

The only places that I can afford to live in private rental – [places] that I wouldn’t even get – are places like that. Or they’re a long, long, long way away, where I’m so isolated. I just think that’s so cruel. [Service 3 Client 2]

Domestic violence and homelessness

Many women considering whether to stay in or leave a violent relationship are influenced by how that

decision will affect their housing. recent research identifies domestic violence as the leading cause of

homelessness among women in Australia (Australian Institute of Health and Welfare 2008b). Women’s

ability to access affordable accommodation is, in turn, a significant determinant of their future financial

security.

Of the thirty-two women who participated in individual interviews for this study, six (19%) were currently

living in temporary housing, either in a refuge, boarding house or with family and friends. Twenty-four

women (75%) were in more stable housing, including their own home, private rental, public housing and

cooperative housing. Two women (6%) were still living with their partner.

Workers who participated in this study stressed that housing issues consume a significant proportion of

their time with clients and some felt that it is much harder to find accommodation for women than it was

a decade or more ago. Of the services that participated in the study, two services provided emergency

housing to clients and most undertook housing advocacy of some form.

Barriers

Unaffordable housing

Almost all women in the study reported that it was difficult to find affordable accommodation. As one

woman commented:

I think finding a house is not difficult, there are many houses out there; the hardest thing is the price. [Service 1 Client 1]

[back to table of contents]

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In order to find more affordable housing, many had decided to move to a different neighbourhood. As a

result, they reported feeling isolated from family, friends and other social support networks. Some women

had to move their children to a different school, while others chose to stay at the same place and spent

several hours each day transporting them.

Workers also pointed out that some areas with more affordable housing lack public transport

infrastructure and are only a viable option for women with access to a car.

Unsafe housing

Many women continued to experience violence from their ex-partners after separating and did not feel

that their housing was sufficiently secure. A woman who had received a security upgrade to her public

housing property noted:

A few security screens, it’s pretty cool, but he still knows where we live. [Service 2 Client 2]

In addition, some women were living in situations which exposed them to violence from other people. For

example, one woman resided in a boarding house in which other residents were drug and alcohol users,

and where there were frequent violent incidents, while others worried about their children living in unsafe

neighbourhoods.

Of deep concern to workers was the failure of system responses to recognise safety issues. They

reported that many housing agencies do not have a sufficient understanding of post-separation violence

and assume that women are safe once they have left the relationship:

[The system] just assumes it’s all over… It doesn’t matter what you say in regards to how recently she’s been assaulted by him – he’s found her three times. They see her as safe because she’s no longer in the relationship. [Service 2 Staff focus group]

Unsuitable housing

Many women were living in housing that was clearly unsuitable for them. They reported that they could

only afford substandard housing which was poorly maintained and even unhealthy.

Finding suitable accommodation was particularly difficult for women with disabilities, whose access

requirements (e.g. ground floor units only) might preclude cheaper accommodation options. A woman

who was caring for three disabled children was hesitant to leave her abusive partner because of their

housing requirements:

I couldn’t see how I’m going to move everyone to somewhere else… And I rang up about it – heaps of people – trying to find answers but there just wasn’t a place suitable for three disabled children. [Service 7 Client Focus Group 2]

Workers at a regional service also reported that finding accommodation for large families could be

difficult and that it is frequently a problem for Indigenous women in their community.

Flow on effects

Women’s housing difficulties also had flow on effects on other aspects of their financial situation. Trying

to find accommodation is time consuming and stressful and takes priority over other needs. Women

described the disruption it caused to their lives and to those of their children, including its capacity to

undermine their ability to find and maintain employment or pursue educational studies:

I’ve applied for houses endless amounts of times and I’ve even got referrals from some friends... And I’ve got everything they need and regardless it’s a very long process. I’ve been to house inspections, about fifty people come to inspect a unit. What chance do you have, being a single student and etc etc? [Service 8 Client focus group]

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Specific concerns

Relocation costs

While some women in the study were able to remain in the family home following separation, most had

decided or been forced to relocate. Security issues were the main reason cited for women relocating;

however, it would also appear that many women were unaware that they could obtain an exclusion or

ouster order, requiring the perpetrator to leave the home.

relocation comes with associated costs of moving, loss of possessions, and storage fees. One woman in

the study likened the experience to that of experiencing a natural disaster:

Leaving a domestic violence situation isn’t that much different to leaving a bushfire residence. Everyone that was in the [Victorian Black Saturday] bushfire lost everything and the whole of the country went ‘Oh my god’ and there was beds and clothes and money and whatever. A person that has to flee domestic violence is in the same boat and they might never get those things back. [Service 2 Client 4]

A few women had been forced to relocate several times because their ex-partner had found them

and was highly dangerous or because their initial accommodation was only short term (e.g. a refuge).

Multiple relocations amount to further loss of money and time:

Moving’s a killer. It cost me $1200 for my first move, then a thousand for my next. I’ve moved three times. Then I had to pay for all this stuff, bond money, then put food in the house, do the up-and-down with cleaning products. All this because of one person. [Service 7 Client focus group 3]

Difficulties with living with family and friends

For some women, the option of living with family or friends had worked out well and they expected that

the arrangement would continue long term. However, others felt that the accommodation was unsuitable,

were only able to stay for a short period or felt uncomfortable about relying on family and friends.

Living with family and friends could also have negative consequences in terms of women’s ability

to secure alternative housing. In one case, a woman with a young child was de-prioritised on the

public housing waiting list because she was living with her grandmother and was assessed as having

somewhere to live:

[The housing department] were no help at all. They told me it was going to be something like eight months. They said that me living with my grandmother, and my daughter, who was ten months old, and me living in one room, in a house which was not suitable – suitable enough to bunk up in for a week or two, or a couple of weeks, a month max, but was not suitable – they classified that as suitable and said that I was not as in need as some others. [Service 5 Client 1]

Lack of suitable emergency accommodation

A large proportion of participants had accessed crisis accommodation at some stage. This largely

comprised domestic violence refuges or motels provided by service brokerage. When asked about

the difficulties they encountered when accessing crisis accommodation, women tended to focus on the

negative connotations of refuges and their subsequent reluctance to use them. A few women reported

bad experiences of homeless shelters or domestic violence refuges, either in Australia or in another

country, while others were deterred by stories they had heard.

perhaps more importantly for this study, a number of women also spoke about the expense of refuge

accommodation. One woman was still waiting for her bill and was concerned about how she would pay it

off after leaving.

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Lack of affordable emergency accommodation was a particularly serious issue for migrant women with no

income. Some migrant women may not qualify for government benefits and are prohibited from working

legally until they receive an official decision on their visa or permanent residency status. Unless they

have access to other funds, their lack of income excludes them from many women’s refuges and other

supported accommodation because they have no capacity to pay. Even where women do receive the

Special Benefit through Centrelink, their situation may be precarious:

You have a scenario where a woman is on a visa where she can only receive the Special Benefit, she is in a shelter, has to pay rent there and can only stay three months. Once she leaves, she can’t afford rent. She goes into shared accommodation but there is abuse there, then couch hops with friends, then she becomes homeless; back into the cycle. [Service 1 Staff focus group]

Another serious issue that emerged from the study, particularly in discussions with workers, was the

under supply of crisis accommodation. According to the Australian Institute of Health and Welfare

(2008a, p. 58), domestic violence services turn away 50% of people who require new and immediate

accommodation and single women’s agencies turn away 56%, due to a lack of beds. Clients of the

services in the Clearinghouse study had experienced this shortage of refuge accommodation first hand.

Workers at one regional service told the researchers that it was common for women in their town to end

up living in a tent in the caravan park due to the lack of crisis accommodation and several women spoke

about sleeping in their cars:

Over the past few months – eight or twelve months – my car has been my refuge because he’s thrown me out of the house at three o’clock in the morning. Like, I’ve been sound asleep and he’s come in and gone berserk and grabbed me by the hair and thrown me out the front door in my pyjamas and I’ve had to go to sleep in the car for the night. [Service 2 Client 4]

Those who were able to access crisis accommodation tended to be ‘moved on very quickly’ and were

more likely to return to their violent partner. previous research has also highlighted the lack of emergency

accommodation options specifically for women with disabilities (Hague et al. 2008; Homelessness

Taskforce 2008; Women With Disabilities Australia 2007).

The other main form of crisis accommodation utilised by women was motel accommodation. In many

Australian states and territories, it has become standard practice for women to be temporarily housed

in a motel after first leaving a domestic violence situation. Women and service workers in this study

viewed this practice as highly problematic. While the cost of the motel room is generally paid for by the

government, the lack of cooking and washing facilities and child friendly space means that women can

incur high costs for food, laundry and entertainment during the period of their stay. Women may also be

located far away from their work or children’s schools, causing further disruption to their lives.

Mortgage stress and other barriers to home ownership

Very few women in the study were in a position to consider home ownership after separating from their

partner. For the most part, women aspired to home ownership and described it as their ‘dream’ but

ultimately saw it as out of their reach. The main barrier they identified to home ownership was being

unable to access a bank loan due to their low income and the high deposit requirements.

nonetheless, there was a small group of women who had owned or jointly owned a property prior to

separation and still occupied the property. In addition, at least one woman had been able to purchase

a home since separating from her ex-partner seven years ago. For this group, mortgage stress was a

significant problem, with several women considering or currently in the process of selling their homes

when interviewed. See chapter 5 for a discussion of the difficulties around loans.

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Barriers in the private rental market

private rental was one of the most common housing scenarios for women in the study post separation,

including for a large number of women who were on waiting lists for public housing. High rents were

identified by this group as one of the biggest barriers to their financial security.

In addition, many women felt that they were discriminated against because they were single mothers or

had pets. Some had ended up lying about their relationship status in order to secure a rental property:

They’ve put me in a box of ‘I’m a no-hoper, single mother with three kids, there’s something wrong with me, I can’t pay my bills’… One social worker – which I think is hilarious – has said, ‘Why don’t you just say you’re widowed and they might look at you in a different light’. And you shouldn’t have to do that. That is discrimination. [Service 2 Client 1]

Workers also spoke about real estate agents discriminating against Indigenous and CALD women.

Additional difficulties were encountered by women who had not previously rented or who had only lived in

rental properties in their ex-partners’ name. They felt disadvantaged because they were unable to supply

real estate agents with a rental history.

Once in private rental, women voiced concerns about the lack of long term security. The possibility of

being evicted early or not having their lease renewed loomed over some women’s heads, while others

were concerned about whether and by how much their rent would increase over time.

Overall, women’s experiences of the private rental market significantly reduced their sense of financial

control and their ability to plan for the future.

Lack of public housing

The financial impact on women of leaving an abusive relationship is evident in their uptake up of public

housing (Evans 2007). A significant proportion of women interviewed for the study said that they had

applied for public housing since separating, in many cases for the first time in their life. For these women,

the lack of public housing was a source of ongoing anxiety. Women faced waiting lists in the order of two

to seven years, depending on their level of priority, and some had simply decided not to apply given the

low chance of being offered a property.

Study participants also spoke about the bureaucratic nature of public housing systems, involving complex

forms and proof of eligibility. One woman described an administrative error which had resulted in her state

housing authority incorrectly removing her from the waiting list. She was hoping to appeal the decision but

had been told by a housing advocacy service that she would probably be unsuccessful. Several Queensland

services that participated in the study were critical of the recent amalgamation of public housing and

community housing, as they felt it had added to the bureaucratic nature of the system.

The eligibility criteria for public housing also emerged as a key issue. Some women had been deemed

ineligible for public housing based on income and means tests which failed to recognise the dynamics of

domestic violence, including their experiences of economic abuse. One woman was unable to apply for

public housing as she was waiting for her property settlement and her assets on paper were above the

threshold, even though she did not have access to them at the time and had no income:

Because of our assets I can’t go into [public housing]. Even though I don’t have a cent of it. I don’t have two cents to my name, but [they] won’t look at me because they say, ‘You’re going to get a settlement’. [Service 3 Client 1]

Women who were waiting for public housing also faced annual re-assessments of their eligibility if they

found private rental during the interim period. If they were considered to be able to sustain the private

rental, they were de-prioritised on the waiting list. Women and service workers felt that this placed

women in a situation of double jeopardy.

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Some women had been living in public housing prior to separation or had been allocated a property

between the time of separation and the interview. Women in this group expressed concerns about the

proportion of their Centrelink benefits deducted as rent, the lack of say they had over the housing area

they were located, and the quality of the housing. One participant summed up their sentiments well:

Now, I live in a property of the government. I pay a little bit less rent but I don’t have choices. [Service 4 Client 5]

Such concerns speak to the relationship between women’s ability to control their housing situation and

their sense of financial security following separation.

Strategies

Five key strategies were identified as significant in addressing accommodation issues:

� housing advocacy

� financial assistance

� material assistance

� staying in the home safely

� access to supported housing

Housing advocacy

Housing advocacy was highly regarded by participants in the study and most of the services undertook

some form on a regular basis. This included organising crisis accommodation, writing references,

making representations to housing bodies, and assisting with application forms. The enormous

importance of these activities was emphasised again and again as a critical factor for many women’s

safety and stability. This applied particularly to advocacy within the public housing sector where issues

included not only how to get into public housing but, for those already in this system, how to have the

lease changed over into their own name; or how to quickly transfer to a different property, if this became

necessary for safety.

Concerning the private rental market, one service had appointed a liaison officer to advocate directly with

the local real estate agent, providing recommendations for clients. Another had developed a separate

program developing a budget for rental accommodation with individual women and then finding suitable

properties in their local area and accompanying them to inspections.

Significant concerns were expressed regarding constraints in time and resources that sometimes limited

the capacity of agencies to conduct such advocacy services.

Financial assistance

In addition to housing advocacy, study participants universally recognised the value of a range of

financial assistance currently available to women to help cover accommodation costs. Some of the forms

of assistance that women in the study had accessed include:

� rent Assistance, through Centrelink

� bond assistance, through state government schemes

� reimbursements for security upgrades, including through victim compensation schemes

� rare occasions of direct one-off rent assistance from charities.

Service workers suggested that there is a particularly urgent need for different financial support for

women who own their homes who cannot access the above assistance.

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Material assistance

In addition to financial assistance, women were able to access material support from a range of services.

The most common forms of assistance related to setting up a home included cleaning products, kitchen

equipment, furniture, and payment for utility connection fees or storage fees.

While these were mostly provided on an ad hoc basis, some had developed a more systematic

approach. For example, one service provides a ‘starter pack’ to women when they move out of crisis

accommodation, including bedding, towels, crockery, cutlery and cooking utensils. The service

undertakes an assessment of each woman’s situation to make sure the pack is tailored to her needs and

that there is no duplication with provisions from other services. Another example was a Salvation Army

program whereby women are allocated furnished transitional accommodation and allowed to take the

furniture with them when they leave.

In addition to directly providing material assistance to women, all services referred their clients to other

organisations for help. They might contact the services directly or provide a list of contacts to women.

Funding for white goods and removalist expenses represented less common forms of material support

provided by some charities. In all cases, assistance was limited by the resources available and numbers

of clients in need, with demand increasing significantly during recent years.

Staying in the family home safely

There is growing local and international recognition that supporting women to stay in the home and

have the violent partner leave is one way to prevent many of the housing difficulties identified in this

chapter. Indeed, assisting survivors of violence to remain in the family home is now the stated policy of

the Australian Government (Homelessness Taskforce 2008). The Australian Capital Territory, new South

Wales, Victorian and Tasmanian Governments all boast policies supporting survivors of domestic violence

to remain in the family home.

Some women in the study had already benefited from these policies and had been able to remain in the

family home following separation or to return after an initial period in emergency accommodation. In

addition, several women were able to stay in their home as they had never lived with their ex-partner.

Those who had previously lived with their ex-partner were mostly supported with an exclusion or ouster

order; this is a provision on a court-based protection order that requires the violent ex-partner to vacate

the home. police often played a role in supporting women to stay in the home. Some women had also

benefited from financial support towards a security upgrade.

Many women who had been forced to leave their homes said that they would have liked to have had the

option of remaining at home. For the women who had been able to do so, some of the benefits included

having long term accommodation, their own furniture and goods, retaining their social networks and

keeping their children in the same schools. One woman described it as ‘probably the best thing I could

have done’.

However, there is significant scope for improvement with this strategy. Women who had chosen to stay in

the home had typically encountered difficulties with meeting rent or mortgage repayments. In addition,

they spoke about the cost of repairing damage to property, changing locks or replacing furniture that

belonged to their ex-partner.

In some cases, women’s ability to stay in the home was also complicated by conflicting system

responses. For example, one woman said she would have liked to have been able to stay in her home,

which was jointly owned, but had been unable to do so because her ex-partner’s bail conditions stated

that the house was his place of residence.

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Finally, while workers were largely in favour of women being able to stay in their homes, some

expressed concerns that this option would become a ‘blanket fix-it’ to women’s housing problems. Most

were worried about the continued risk of abuse from ex-partners. They were concerned about risk

assessments being poorly done and police failing to respond to breaches of protection orders.

Workers at the service for immigrant women were particularly concerned about the suitability of staying in

the home for their clients. They stressed that CALD women often lack the social networks and the support

required to making staying in the home a viable and safe option. However, they acknowledged that:

In some situations it could work well, particularly for women who have permanent residency and may have a [public housing] property because otherwise they may wait years to get another [public housing] property. In those circumstances, where women have long term housing, it could work. [Service 1 Staff focus group]

Accessing supported housing

For women who were unable to stay in their home, the availability of emergency accommodation was

critical. However, the traditional model of refuge accommodation, initially conceptualised as a ‘crisis’

response, is less well suited to building women’s financial security in the longer term. This study

identified a number of innovative models of crisis accommodation which have sought to address this

limitation by not only providing housing but other forms of financial support to women.

Importantly, two services in the study were able to support a limited number of women with no income,

varyingly providing accommodation, paying bond, rent or bills. Another service said that they were able

to refer clients to a local CALD organisation that had purchased its own property.

In addition to supporting women with no income, one of the services in the study stood out for its high

quality facilities. Some of the most positive comments given by women were for its furnished apartment

accommodation, situated in anonymous buildings located on the service property. Women using

the service that provides this accommodation commented on how the environment of the refuge had

contributed to their healing process:

I was happy, you don’t understand how happy I was here, it was a dream. I can’t believe I have a little garden in the back, my little beautiful garden in the front. And just, the place is clean and bright and comfortable and it just feels so wonderful, so safe. [Service 3 Client 4]

This comment echoes the findings of Correia and Melbin’s (2005) study on transitional housing programs

in the US. They identified a number of considerations for good practice, including the importance of

creating an architectural and aesthetic structure that does not reflect the stereotype of a subsidised

housing program.

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Case study

The Victorian Women’s Housing Association (VWHA) is a non-profit organisation established in 1996

to develop innovative housing solutions for disadvantaged women and their children. Most of its

clients are exiting situations of domestic violence, prison or drug rehabilitation programs. Its housing

projects are funded by government and private investors, including developers and builders.

VWHA currently owns seventeen properties housing 63 women, children and family members, and

plans to have between sixty-five and eighty properties available by March 2011. rent is capped at

25% of tenants’ income and VWHA provides in-house tenancy support and property maintenance.

On average, tenants save $7179 a year compared to private rental.

An evaluation undertaken in 2009 by Social Ventures Australia (SVA) Consulting found that VWHA’s

affordable housing projects return $3.14 of social and economic value for every $1.00 invested

(Victorian Women’s Housing Association 2010). Women tenants interviewed as part of the evaluation

reported a range of benefits including: increased disposable income; improved stability and safety;

more opportunities for further work and/or education; improved family relationships; and feelings

of comfort and happiness. For some women, it was the first time they were able to pay their bills

regularly, gain employment and/or purchase a car. In addition, their children showed improved

mental health and academic outcomes.

Other benefits of the project identified by SVA Consulting were: savings for government on social

security and transitional housing expenditure; increased taxes due to tenants gaining employment;

and reduced pressure on other community organisations.

Recommendations

Increased funding for housing advocacy

Greater resourcing of services to undertake housing advocacy on behalf of their clients is necessary to

ensure that more women are able to access this avenue of assistance. Such advocacy can play a role in

assisting women across a range of housing scenarios but is perhaps most critical for women dealing with

public housing matters.

Wider range of financial assistance

Increased financial assistance for women’s housing needs is necessary across the board. One

suggestion was that the government provide some form of separation payment available to all women

leaving violence, to support them with their accommodation needs.

The provision of financial assistance is an area where there is a role for greater perpetrator accountability.

One mechanism is through the courts mandating offenders to provide financial assistance to women as part

of a protection order. In the US, many states have provisions in protection orders to direct the violent ex-

partner to make mortgage or rent repayments, provide suitable alternative accommodation or pay for bills,

debts and property damage repair to help achieve safety and stability for victims (Thomas 2004). Canada’s

prince Edward Island has similar legislation (McFerran 2007). These provisions remain largely unavailable to

Australian women, who are required to seek such assistance through property settlements.

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Women supported to stay in the home safely

Greater use of exclusion or ouster orders has been identified as a key to women’s housing security

(Edwards 2004; Evans 2007; McInnes 2003). However, governments still have some way to go in

convincing service providers that safe at home polices are in the best interests of their clients. While

workers ranked greater support for women remaining in the family home and greater use of exclusion

or ouster orders as ‘very helpful’, the survey results also show that support for this strategy was not as

strong as for other forms of assistance (e.g. shorter public housing waiting lists).

In strengthening safe at home policies, there is a need to increase women’s awareness that they have the

option of requesting an exclusion or ouster order. Despite such orders being available in all Australian

jurisdictions, some women in the study did not know that it is possible to have the perpetrator removed

from the home.

The study also underlines the importance of combining exclusion or ouster orders with other forms of

support. As has been previously noted by McFerran (2009), risk assessment the universal provision

of safety upgrades and policing of breaches are critical to the success of safe at home models. Free

security upgrades would help to address many study participants’ concerns about this housing option.

Workers also emphasised that adequate risk assessment, procedures need to be in place for this option

to work.

Increased funding for crisis accommodation and transitional housing

This study clearly points to the need for increased funding for supported accommodation. In the survey

of workers, the provision of transitional housing was ranked second out of six strategies that would assist

women with their accommodation needs. Greater consideration also needs to be given to the type of

emergency accommodation provided.

First and foremost, there is a need for more medium to long term accommodation. A number of overseas

models of transitional housing stand out from the literature review as promising practice. In Austria, the

city of Vienna provides affordable flats for rent to women who have become homeless due to domestic

violence (Un Expert Group Meeting 2008). Farney (2004) describes Her Will, a program based in

Chicago in the US, which offers residency services through partner organisations (for up to ten families

for six months to two years). residents do not pay rent but rather save a minimum of one-third of their

monthly income.

In addition, study participants identified the value of having access to additional support services while

in crisis accommodation. Sharam (2008) has recommended that transitional housing programs facilitate

access to affordable education, training and reasonably paid employment.

Ensuring that women with no income or recourse to public funds are able to access refuge

accommodation is also a high priority. Some workers recommended that a percentage of refuge

accommodation be allocated for this group. They cited examples of refuges in Australia and in new

Zealand which are entirely dedicated to or have specific places set aside for women on temporary visas.

Workers also spoke about the importance of providing emergency accommodation with disabled access

and supported accommodation for older women.

On the whole, motel accommodation was seen as an unsuitable form of crisis accommodation. However,

addressing women and worker’s concerns regarding the additional costs incurred by women placed in motels

(e.g. through the provision of a food allowance), would go some way towards improving this option.

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More public housing

The study clearly points to the need for increased funding of public housing and for greater consideration

of domestic violence when determining the priority level of applications. Having quick access to public

housing was literally life-changing for some women in the study and was the number one ranked strategy

regarding accommodation needs in the survey of staff. Clearer guidance is also necessary for housing

authorities on the assessment of risk and needs of women escaping violence (e.g. where they are living

with family and friends).

Workers emphasised the importance of developing good relationships with staff in housing departments.

Their capacity to do so could be bolstered through the introduction of training about domestic violence

for those working in the public housing sector. In the US, the Violence Against Women and Department

of Justice Reauthorization Act (2005) provides funding for educating and training public housing agency

staff, reviewing policies and improving collaboration with domestic violence services.

Finally, there may also be a role for legislative protections to prevent women from being evicted or denied

public housing because they are survivors of domestic violence, as have been introduced overseas (see

for example, the US Violence Against Women and Department of Justice Reauthorization Act 2005).

Rental subsidies and tenancy reforms

As noted previously, women’s experiences of the private rental market significantly contributed to their

sense of financial insecurity. Increasing the rate of rent Assistance received by women who have

experienced domestic violence or introducing an additional rental subsidy for domestic violence victims

could go some way to alleviate this pressure. Making it easier for women to access existing forms of

assistance (e.g. bond assistance) would also help. Ultimately, however, systemic reform is required to

address the underlying lack of affordable rental accommodation in Australia.

Another suggestion made in the study was for governments to guarantee rent payments for single parents to

mitigate real estate agents’ concerns about them not paying on time. Governments may also be able to play

a role through providing incentives for real estate agents and landlords to prioritise applications from women

who experience domestic violence and by introducing provisions allowing women to break leases without

penalty, in order to seek new housing in a safer location (Un Expert Group Meeting 2008). Legislative reform

is also required to ensure leases can be changed into the woman’s name following separation.

Women supported to own their own homes

Finally, study participants felt that there needs to be more financial support for women who own their homes,

equivalent to the support for women in private rentals. Women also suggested that the government could

develop a scheme to give women access to no deposit bank loans or reduced interest rates.

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Key recommendations

� State governments to strengthen policies enabling victims of violence to remain in the

family home; e.g.:

à access to integrated domestic violence services; access to risk assessment and safety

upgrades

� Governments to provide women affected by domestic violence assistance to secure

accommodation; e.g.:

à a separation payment for women leaving violence; rental subsidies; mortgage assistance for

low income earners

à more targeted funding for crisis accommodation and transitional housing where domestic

violence is an issue

à increased public housing stock; priority given to housing domestic violence victims

à review policies that require women to leave their jobs in order to gain access to refuges.

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ChAptER 7: Legal issues

Case study

Yasmin, a mother of three, had lived in a domestic violence relationship for thirteen years before she

was finally able to leave. She experienced ongoing physical abuse and at least one of her children

was sexually abused. Yasmin continues to face significant disapproval from her church over the

divorce.

Since separating, Yasmin has spent years in and out of court dealing with property settlement and

child custody matters. For the first two and a half years of legal proceedings, Yasmin represented

herself but she later hired a lawyer.

Eventually, she was ordered to pay her ex-partner $90 000 so that she could stay in the family home.

Her legal expenses amounted to a further $50 000. Although she was unhappy with the outcome,

she felt pressured by her lawyer to agree:

The lawyer I had was disgusting. He used my vulnerable situation.

nonetheless, Yasmin did have one major success, retaining custody of her children:

At one level I managed to keep him away from the kids, which was my best win.

The price, however, was a significant one, with Yasmin now paying off a $450 000 mortgage on her

own. Although she had a well paid job, Yasmin felt financially ruined.

Gaining justice through the legal system

Following separation from an abusive partner, a substantial amount of women’s time, energy and financial

resources are taken up with the resolution of matters through legal systems. A large proportion of

women in the study (including twenty of the thirty-two women who participated in individual interviews)

had engaged in legal matters since separation including: criminal cases; protection orders; property

settlement; child contact; wills; victim compensation; bankruptcy; and legal action relating to jointly-

owned business.

The study identified legal issues as a pivotal area affecting women’s financial outcomes. positive

legal decisions for women can make a difference to their material circumstances and often bring more

intangible benefits, such as an acknowledgement of their experience of violence and making their

ex-partner accountable for his behaviour. However, legal processes can also be an acute source of

financial stress and hardship. The costs of pursuing legal action, often spanning many years, and the

consequences of adverse decisions left some women in the study destitute or in substantial debt.

Barriers

Parenting arrangements

A critical area of concern for women was around family law issues. Changes to the legislation in 2006

gave greater emphasis to children maintaining relationships with both parents and a presumption of

shared parental responsibility, possibly leading to more equal time spent with each parent. Aside

from safety concerns for families affected by domestic violence, these reforms have had implications

for women’s financial settlements, including for child support, property and spousal maintenance

arrangements (Fehlberg 2008). Australian longitudinal research by Smyth et al. (2008) suggests that

[back to table of contents]

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share care arrangements tend to revert to sole care over time (often by the mother), while the property

division remains the same. In this eventuality, women may receive a less equitable financial settlement,

given they are carrying the greater share of parenting responsibility.

Women in this study reported finding themselves receiving less in financial settlements, where more equal

time parenting arrangements had been determined by the court, and then having ex-partners fail to meet

their parenting obligations.

The amount of time men spend with their children decreases over time. It builds up to the court case – they are on time and have them for the total time. But after the court case and the ruling’s in, then no phone calls, no contact. [Service 7 Client focus group 2]

As this woman indicates, there is no penalty for men who do not meet their parenting obligations once the

order has been made. Moreover, there is no reassessment of arrangements for child support payments

or property division, unless the parties go back to court and face additional legal costs.

Property settlement

participants reported a range of tactics used by their ex-partners that contributed to them receiving

poorer outcomes regarding property settlement:

� running up large debts on joint bills or credit cards, so that property sold went to pay those

debts before settlement

� delaying agreements regarding property, impacting on optimal selling dates

� refusing to leave or sell the home

� damaging joint property or sabotaging the sale of property in order to negatively impact on

the final settlement

� making claims on property or settlements that they did not contribute to or were not entitled to

� dragging out disputes in court

� tricking or misleading women into receiving a poorer outcome

� selling property without women’s knowledge, even though they were a joint owner

� forcing women to sign agreements or documents impacting on property settlement, when

they did not properly understand the outcome.

I’ve just in the week gone back to the house and had to patch up punch holes and all of that, spent over $3000 to get the house up to scratch for sale, and his friends threw a party at the open inspection and put all their beer cans up through the garden, and stood out the front, had the police called with their music blaring. So they ruined the whole sale of the house... Now I got this offer on the house which is $50 000 less than what it should be but I’m going to have to take it because the foreclosure on the house is in two weeks. [Service 2 Client 1]

Compounding women’s difficulties in receiving more equitable property settlements is the fact that the

Family Court does not take domestic violence into consideration as a cause of financial incapacity, in

terms of present or future health costs, or physical incapacity that creates a barrier to employment (Evans

2007; Middleton 2005; Sheehan & Smyth 2000). Currently, the court only takes domestic violence into

account in assessing the parties’ contributions to the relationship (e.g. the impact of violence on the

non-violent party’s capacity to make contributions) and in assessing whether a party’s health or earning

capacity was diminished because of the violence (nSW Law reform Commission 2006). The Family

Court takes this perspective because it applies a ‘no fault’ approach in divorce proceedings and because

domestic violence compensation matters can be dealt with elsewhere under civil/tort law (compensation)

or the common law (criminal proceedings).

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protracted property disputes can have emotional as well as financial repercussions for women. Indeed,

for a few women in the study receiving an equitable settlement was less important than achieving final

separation from their ex-partner and moving on:

I won’t get any money out of this settlement. I don’t want it ... No money is worth it. And I can’t go through much more court stuff, I really can’t. I’d just be happy if he went away and took everything that he owned and I never saw it again. [Service 3 Client 1]

Legal costs

In addition to the financial outcomes of parenting arrangements and property settlement, the costs

involved in pursuing legal action were of deep concern to most of the women in the study. For some, the

expense of legal action was prohibitive, meaning they were unable to gain equitable resolution. Other

women were embroiled in legal battles whether they wanted to pursue them or not. Women incurred a

range of direct costs including:

� Legal fees for advice, preparation of documents, correspondence and representation:

I earn $30 000 a year and my legal fees last year were $20 000 and the mortgage was $18 000. Thank God for Kevin Rudd and his hand outs is all I can say. [Service 5 Client focus group]

You have to respond to certain letters, you can’t just let them go because if you get back to court you need those as evidence. Every letter’s like $500 or $600. [Service 5 Client focus group]

Some women did not qualify for public legal assistance but could not afford private services.

They found they were ineligible if their cases were deemed too complex or would take too

long to settle; if their ex-partner was already represented by Legal Aid; or if they owned

property, even though they were on low incomes.

� Court associated administrative costs such as charges for filing papers; serving summons

and subpoenas; depositions; court transcripts.

� Court-appointed expert fees which are in addition to existing support from counsellors,

doctors and other professionals:

Then I have to pay for the Independent Children’s Lawyer which is $1300. I have to try and get an exemption for that. My lawyer’s agreed to go pro bono and that’s where the money for the house is going to go but she said the Independent Children’s Lawyer is different. When they do the court report, I have to pay for that as well. [Service 3 Client focus group]

� Child care and transport costs in order to attend court. One participant’s associated costs

included a $6000 childcare bill amassed over two years.

� Costs of collecting evidence such as attending surgeries to ensure doctor’s certificates for

proof of school absences, or video recording breaches of protection orders.

� Costs of multiple, ongoing cases including legal action across more than one jurisdiction

and vexatious cases brought by their ex-partners in order to continue the relationship abuse

through the courts:

I’m running four cases in four different jurisdictions at the same time and I have to be down at hearings, photocopying, subpoenas, the whole lot. Masses of documents, heaps of debt – not just appearing at court, I actually have to prepare it. There was no recognition given to my special circumstances. [Service 8 Client 5]

He’s just enjoying taking me through the system because he earns a lot of money. [Service 5 Client focus group]

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Aside from actual legal fees and court costs, several women also highlighted the impact of

attending court in terms of their ability to find and stay in employment. Some women made

choices not to pursue their legal entitlements because of the impact of legal action on their

capacity to work:

There’s a whole bunch of things that maybe I could go to court with but all that’s going to do is put me back [there], being in the court process and dragging lots more finances and causing me to be a fruit loop and I’m not able to be there for my kids. You can’t work when you’re going to court every month. [Service 5 Client focus group]

Inadequacy of representation

Given the considerable investment required to pursue legal matters, as well as the impact of successful

outcomes on women’s healing and financial outlook, it is important for women to have faith in their legal

representation. Unfortunately, a number of women in the study were dissatisfied with the quality of their

legal representation. They spoke of feeling they were not being heard or being treated with disdain.

Many of these women felt that their access to justice was compromised because they lacked the financial

means to pursue legal action or to access quality legal representation. ‘If I had money’ was a recurrent

theme in the interviews:

I’m continuing to have to deal with a violent man and put my child at risk, and I feel like that if I had money to pay for the court case, if I had lots of money to get a good lawyer – because with Legal Aid I’m finding I’m writing my affidavit, I’ve had to do most of it myself, and when I went to see the lawyer it was a rush through. [Service 2 Client 3]

The main problem I had was – I went through Legal Aid which I was lucky with, I didn’t have to pay much – but the lawyer I had was absolutely crap. Half of the information I gave her she didn’t want because she said, ‘I don’t need that until it goes to trial’. Then we went to mediation and my barrister cracked the shits because I hadn’t told the lawyer or the lawyer hadn’t told her all the stuff I was saying. She said, ‘None of this is written down’. So the communication between them was absolutely disgusting. [Service 3 Client focus group]

Some women who were, in fact, eligible for Legal Aid chose to pay a private lawyer instead, due to

concerns for the safety of their child and the risk that their ex-partner would get some shared parenting

arrangement.

Strategies

participants’ experiences emphasise that good legal process and representation optimises positive

financial outcomes for victims but that this entails significant cost. As such, they used five key strategies

to support their capacity to ensure quality legal representation:

� legal advocacy

� legal information

� self representation

� court support

� access to restitution and compensation.

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Legal advocacy

Study participants greatly valued advocacy for women seeking legal solutions to their concerns. All of

the services in the study provided some form of legal advocacy and were able to provide clients with

legal information and/or refer them to local and specialised legal services (e.g. migration services). They

explained legal letters and other documents in plain English or in the language of the women seeking

assistance. They helped gather and prepare documents for court, including providing photocopying

services. A number of women in the study indicated that legal advocacy had assisted them to feel heard,

equipped and confident enough to proceed.

Legal information

Women in the study emphasised that having information about their rights and understanding legal and

court processes were invaluable to helping them make decisions and alleviating their anxiety about

pursuing legal action. Most women had accessed or been given written information about their legal

rights and processes, although some had found this overwhelming and would have preferred to speak

with someone in person or have the information provided in another format (e.g. a DVD).

Women found information provided directly by advocates and legal services, as well as legal workshops,

such as divorce and family law classes run by Legal Aid, very helpful in making information more

comprehensible.

Some participants commented that the police are also well positioned to provide women with important

information about their rights and legal processes when attending call outs.

Self representation

One way of reducing legal costs is through self representation. A number of women in the study spoke of

becoming very familiar with the law and with their rights in order to be able to deal with cases themselves

or to stand up to bullying tactics of their ex-partner:

I think I read the DV review laws – all 509 pages of them. Not by choice or obsession or anything but just about finding out one bit and then reading another bit and another bit and going ‘Oh my god’. [Service 5 Client 3]

Several women represented themselves because they did not qualify for Legal Aid and could not afford

representation, or because they were disappointed with the representation they had received in the past:

So what I did, I rang the family law court themselves, spoke to a lovely guy and explained my situation. He said: ‘You can represent yourself. You sound like you’ve got it together. We can help you with all the paper work, lodging forms, there is duty solicitor on call every day. If you get court support through the DV service they can come along with you’. [Service 5 Client 3]

These women were able to represent themselves because they had the time and capacity to become

familiar with the law, and the confidence to resolve the matters themselves. Only a few women in the

study felt in a position to be able to take this on.

Court support

The court room and court process can be a daunting experience for those engaged in legal battles.

Becoming familiar with the environment and the process can go a long way to reducing anxiety about

giving evidence and having to face one’s abuser in the court room.

Court support workers can provide assistance by explaining the court process to clients, providing

information about rights, making safety arrangements, providing emotional support during court and

assisting in preparing documents. Women in the study who had been able to access court support

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spoke highly of the assistance provided. Even those who were able to have a family member, friend or

worker attend court with them found this provided substantial emotional support.

Unfortunately, while court support is available to women for some legal matters, it is not available

everywhere and for all matters. For example, the Legal Aid Commission of nSW administers state

government funding for the Women’s Domestic Violence Court Advocacy program (WDVCAp), involving

thirty-three Women’s Domestic Violence Court Assistance Schemes servicing fifty-five local courts

throughout nSW. However, the WDVCAp is not available for family law matters. The different levels of

support available in different courts can be confusing:

I do have a support person with the criminal case, a social worker. With the custody case, I don’t have anyone. They’re very different. They’re like separate worlds. [Service 2 Client 5]

Access to restitution and compensation

One, often unrecognised, source of financial support for victims of domestic violence is statutory

compensation. Victim compensation is available around the country to women affected by domestic

violence through the following legislation:

� Victims of Crime Assistance Act 2009 (Qld)

� Victims of Crimes Assistance Act 2006 (nT)

� Criminal Injuries Compensation Act 2003 (WA)

� Victims of Crime Act 2001 (SA)

� Victims Support and Rehabilitation Act 1996 (nSW)

� Victims of Crime Assistance Act 1996 (Vic)

� Victims of Crime (Financial Assistance) Act 1983 (ACT)

� Victims of Crime Assistance Act 1976 (Tas).

Under these Acts, there are standard eligibility requirements for compensation which refer to the types

of injury, severity of injury and availability of a police report, and a set time frame in which to apply for

compensation. There are also limits to the amount that can be applied for, which vary across jurisdictions

(Barrett Meyering 2010).

Only a few women in the study had taken up the option of victim compensation for the abuse they had

experienced. While they did not feel it adequately compensated them for their experience of violence, it

did offer them some much needed financial relief:

The [state victim compensation authority] paid for my teeth, $16 500. My mouth was all smashed so that was enough evidence. [Interviewer: How did you come to apply for victim compensation?] I found a pamphlet one day in one of the domestic violence services. I went to the GP and he wrote a letter. They [the domestic violence service] linked me up to a lawyer that did my case for free. They organised counselling for the children because one of my kids is very suicidal. And then they fixed my teeth. [Service 7 Client focus group 2]

In a recent paper on victim compensation schemes in Australia, Barrett Meyering (2010) has specifically

drawn attention to measures adopted in different jurisdictions to increase access to compensation for

domestic violence victims, such as: provisions acknowledging the discriminatory nature of time limitations

on applications; provisions acknowledging the likelihood of more than one act of assault; the abolition

of clauses that exclude applications by victims who were in a relationship with the assailant; and the

relaxation of reporting requirements. In new South Wales and the northern Territory, women also have

the option of applying for a standard award of $7500 to $10 000 for the ‘compensable injury’ of domestic

violence. This is a smaller compensation amount than available under the broader victim compensation

schemes but has less stringent eligibility requirements. More widespread uptake of these changes is

likely to increase access to this source of compensation for women affected by domestic violence.

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Recommendations

Consideration of domestic violence in making parenting orders

participants in the study saw that that the Family Court’s orders for shared parenting arrangements

with violent men not only put women and children in danger, but ultimately resulted in poorer financial

outcomes for women in terms of child support payments, property settlements and other financial

divisions. Three recent, key government inquires into issues of Australian family law and the courts have

all pointed to poorer wellbeing for children resulting from shared parenting where family violence is an

issue (Chisholm 2009; Family Law Council 2009; Kaspiew et al. 2009). This is not only a major concern

for the best interests of the children but has ongoing implications for the financial security of victims and

their families.

participants strongly recommended that domestic violence be recognised as evidence in determining

parenting arrangements. There were calls for monitoring adherence to parenting orders and subsequent

penalties for non-compliance, as well as reassessment of property and other financial divisions. It should

be noted that at the time of writing there were proposed amendments to the legislation to give greater

consideration to family violence in making parenting decisions.

Consideration of domestic violence in determining property settlement

Greater consideration by the courts of domestic violence as a factor when determining property

settlements was recommended by workers in the study to support better outcomes for victims. This is

supported by the nSW Law reform Commission (2006), on the grounds of increasing social awareness

and intolerance of domestic violence, and the potential for providing some form of redress for survivors.

Similarly, Middleton (2005) recommends that domestic violence be viewed as unreasonable conduct

and that the court make orders that reflect the perpetrator’s responsibility in cases where he has brought

about financial losses. She argues that the fact that domestic violence has had financial consequences

for the survivor can be more easily proven by objective evidence (e.g. legal costs, relocation costs, lost

income and past medical expenses), than proving that the violence has had a discernible impact on a

survivor’s contributions (the latter being the current focus of the courts).

Recognition of vexatious cases

Women and workers in the study repeatedly expressed the view that men were not made accountable for

their behaviour through justice and other legal processes and instead were able to continue their abuse

through the pursuit of multiple and ongoing legal matters. Study participants recommended that the

courts recognise vexatious cases as part of the continuation of domestic abuse and not allow them.

In its 2008 submission to the parliamentary Law reform Committee, Women’s Legal Service Victoria

listed a number of recommendations to this end, including: that the Victorian Attorney General monitor

cases and make application for a vexatious litigant where applicable (thereby avoiding retaliation towards

the other party); and that the management of vexatious litigants be informed by research around family

violence/stalking (Women’s Legal Service Victoria 2008 ). The Clearinghouse researchers support these

recommendations and their implementation across Australian jurisdictions.

Widened access to legal representation

Greater access to legal representation for women was strongly advocated by workers and women in the study.

The primary recommendation was for a widening of the eligibility criteria for Legal Aid, particularly to

include women who may own their own home or have other property but who have a low income. A

secondary recommendation was for a review of Legal Aid’s policy on pursuing cases and the process

of allocation of lawyers to cases – so that women can retain the same lawyer throughout their case. The

authors suggest that a review of Legal Aid might consider these and other issues concerning women

affected by domestic violence.

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Other recommendations concerning legal representation were for joint legal and social support services,

and improving women’s access to community legal centres, women’s legal services and pro bono

lawyers. There was also a recommendation for providing more translators to assist cases where women

have limited or no English or have a disability hindering their communication.

Training for legal and court officers

In order to address a perceived lack of understanding of domestic violence and lack of concern for safety

shown by the court, women and workers in the study called for compulsory training of lawyers, registrars,

court staff and the judiciary around domestic violence issues and the intricacies of laws relevant to

domestic violence proceedings. In Australia, domestic violence awareness training is available but

is not commonly taken up by the judiciary. Moreover, domestic violence training is not a compulsory

component of any law degree and further training for judges is taken up on a voluntary basis.

There are a number of ways in which education and training might be delivered to the courts and

judiciary. For example some overseas jurisdictions make domestic violence issues training compulsory

for judges (and lawyers), particularly if presiding in a domestic violence court.

A useful accompaniment to such training is a specialised benchbook for judges and magistrates. For

example, the new Mexico Judicial Education Centre provides a benchbook on domestic violence,

available to all levels of the state judiciary; and the national Judicial Institute in Canada has developed

an electronic benchbook on domestic violence and family law (neilson & McGarry 2009).14 Development

of a benchbook resource in Australia could be taken up by individual state and territory law reform

commissions, legal aid bodies or law councils.

A further innovation from north America concerns the establishment of a national Judicial Institute on

Domestic Violence.15 A national Judicial Institute on Family Violence is being considered in some legal

circles in Australia and was an option discussed by the Australian Judicial Institute of Administration at its

family violence conference in 2009.

Court specialisation

Court specialisation would offer an opportunity to put many of the above recommendations in place and

offer victims of violence greater safety and access to justice. The purpose of court specialisation is to

‘consider evenly the safety of victims of domestic violence and ways to ensure offender responsibility and

accountability’ (Stewart 2005). Specialisation also aims to improve efficiency in the court’s process and

to expedite domestic violence cases.

Features of court specialisation differ in different jurisdictions but may involve:

� high quality police investigation

� high quality brief preparation to encourage guilty pleas

� specially convened courts or allocated list days for domestic violence cases

� training around domestic violence issues for lawyers, court staff and judges and magistrates

� dedicated court staff and judiciary

� court facilities for victim safety

� court monitoring of offender progress and compliance with court orders

� referral and intervention of multiple services and agencies to provide support services to

victims and their children, as well as services for perpetrators

� coordination systems and protocols between agencies and services to respond to referrals.

14 See new Mexico Domestic Violence Benchbook. Viewed 6 February 2010, <http://jec.unm.edu/resources/benchbooks/dv/new%20Mexico%20Domestic%20Violence%20Benchbook.pdf>.

15 Viewed 6 February 2010, <http://www.ncjfcj.org/content/blogcategory/78/299/>.

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Some specialist courts deal with all matters related to the one family, recognising the broader context of

domestic violence; that is, the court might deal with all family law matters and property settlement, as well

as domestic violence, child abuse, sexual assault and drug and alcohol offences that affect the parties.

While a number of pilot specialist courts or aspects of specialisation have been established around the

country, there has yet to be a widespread uptake of specialisation in response to domestic violence.

Key recommendations

� Government to amend the Family Law Act 1975 to give greater consideration to domestic

violence in family law cases, to promote more equitable financial settlements and reduce

victim court costs; e.g.:

à consideration of domestic violence as a cause of victims’ financial loss

à introduce monitoring around adherence to parenting orders, with penalties for non compliance

� Legal Aid to review its policies with the aim of improving service to domestic violence

clients; e.g.:

à widen eligibility criteria for domestic violence victims; assist in complex cases

à allocate the same lawyer throughout a case

à means test to take into account victims’ lack of access to funds

� Legal bodies to develop specialised domestic violence training and information for the

judiciary, court and legal officers, to be promoted by Attorneys General and organisations

with judicial oversight; e.g.:

à establish a domestic violence benchbook and/or web site; establish a national institute of

family violence

� Attorneys General to implement more integrated specialist domestic violence courts.

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ChAptER 8: health

Case study

Kelly, in her late 20s, called the police after being seriously assaulted by her fiancé one night. He

was arrested but released the following day, despite records showing he had also assaulted former

partners. He found out where she was living and Kelly subsequently decided to leave her home and

move to another city, cutting off all contact with her friends for safety reasons.

Soon after moving, Kelly discovered she was pregnant. During the first few months, there were

numerous complications and she frequently required medical treatment. As she did not have a

Health Care Card, she had to pay $60 on each visit to her doctor:

I get some back from Medicare, but it was still… I needed that health care and I had bleeds and there were a lot of scares and I think a lot of it was through the stress and the sheer physical effort of moving. Then I had to fork out that money for the doctor which I really didn’t have.

Eventually Kelly was issued a Heath Care Card, which helped with visits to her general practitioner

(Gp) and access to cheaper medications. However, not all of her health-related expenses were

covered. Shortly before leaving her fiancé, she had broken her ankle and still required treatment, but

she was putting off seeing her surgeon:

The surgery’s quite expensive and they have their own physio that goes around with them who deals specifically with their cases but they don’t bulk-bill... The physio isn’t covered by Medicare, it’s their own private physio that the surgeon has.

now in her third trimester, Kelly was forced to weigh up her different health needs, ultimately

concluding ‘more importantly, I need to look after the baby, more so than other issues’.

health impacts of domestic violence

Domestic violence has a profound impact on women’s health outcomes (see for example: Campbell et

al. 2002; Fraser 2003; Garcia-Moreno et al. 2008). A key Australian study by VicHealth (2004, p. 10)

concluded that domestic violence is the leading contributor to death, disability and illness in Victorian

women aged fifteen to forty-four years, being responsible for more of the disease burden than either high

blood pressure, smoking or obesity.

These health impacts come at a significant cost to individual women and the country as a whole. In their

landmark report on the cost of domestic violence to the Australian economy, Access Economics (2004,

p. 35) estimated that the total health costs associated with treating the effects of domestic violence in

2002-03 were $388.2 million. Using the same modelling, the national Council to reduce Violence against

Women and their Children (2009a, p. 41) projected that the total amount would rise to $445 million in

2021-22. Contributing to these high costs is the fact that the health impacts of domestic violence are

often ongoing and may continue long after the cessation of the violence (Fishman et al. 2010).

In light of these findings, this study sought to investigate the contribution of domestic violence to women’s

health, and the interrelationship between poor health and women’s financial security.

[back to table of contents]

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Consistent with other research, participants in the study reported poor health outcomes. Specific

conditions included: asthma; back pain; breast cancer; chronic fatigue syndrome; dental problems;

digestive problems; high blood pressure; and stress/mental health issues. Several women directly

attributed their poor physical and mental health to the abuse:

Most of our ailments that we are suffering are because of domestic violence. Not all these women were born with a predisposition to be sick. [Service 7 Client focus group 2]

In addition, many had children with health problems, including some with long term medical conditions or

disabilities that were a direct result of their exposure to violence, as well as a range of mental health and

behavioural problems, including eating disorders, panic attacks and nightmares.

Barriers

Cost of medical treatment

participants in the study experienced chronic financial pressure and spiralling debt as they tried to keep

pace with medical fees. The pressure was significantly worse for migrant women in the study who did

not qualify for government financial support as a result of their residency status and who faced cultural

barriers to accessing services.

In addition, it should be borne in mind that medical costs can be compounded when victims have to

‘shop around’ for an adequate service due to inappropriate responses from health professionals. A

number of participants had negative experiences that illustrate the need for increased understanding:

The doctor that we see – we’ve been seeing him for nearly ten years – and even though he’s seen each child individually and they’ve said to him, ‘Yes, dad has beaten us up’ and done horrible things to them, he never reported it... I said, ‘You need to report it’. He said, ‘This is not my field’. [Service 3 Client focus group]

participants faced substantial costs in six key areas:

� Gp and specialist services

� mental health services

� medication

� dental care and orthodontics

� paramedic care and ambulance transport

� pregnancy terminations.

To a lesser extent, a number of miscellaneous health issues not covered by the public health system were

named, as well as the costs of private health insurance.

General practitioners and specialist services

Women who experience domestic violence are more likely to require medical treatment than other women

(Taft, Watson & Lee 2005). While for Australian residents, Gp visits are covered by Medicare, women reported

that it was difficult to find bulk-billing services. They were often required to pay an upfront fee and, in many

instances, had to cover the gap between the Medicare rebate and the actual amount charged:

I’ve now spent over $1000 on medical bills ... and I’ve got a Health Care Card, so go figure how many doctors’ appointments I’ve had. [Service 3 Client 2]

Fees for specialist treatment were of even greater concern. Many women were forced to delay specialist

treatment because of the costs involved.

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Counselling and other mental health services

The vast majority of women (75%) interviewed had accessed counselling related to domestic violence

at some point. The costs varied from free or relatively inexpensive services to high fees for private

psychologists and psychiatrists. Some women had also paid for private alternative therapies, not

available elsewhere.

notably, of the three women (9%) who said they had not yet accessed counselling but would like to, two

identified financial impediments. In one case, the counselling itself was too expensive and in another the

woman could not afford to take time off.

Another consideration for women was the cost involved in finding the right counsellor:

It’s really hard getting hold of single person and it’s a lot of trial and error. Certainly financially that does make a difference as well because you’re starting over a lot. [Service 2 Client 5]

Staff turnover at counselling services led to disruptions to treatment and further, unexpected costs. For

example, if a staff member leaves and begins working through private practice or a more expensive

service, women had to choose between paying more to stay with that counsellor or start again with

someone new. Also, the number of free or low cost counselling sessions offered by some agencies can

be limited. After a certain number of sessions, clients may be required to find alternative support and the

low cost options eventually run out.

Finally, participants expressed concerns that revelations about women’s mental health issues could

be used to disadvantage them in family law disputes or child protection matters. They reported that

this issue had, in some cases hindered them from seeking early intervention for health problems. The

corollary of this is that problems may become more complex and costly as time passes.

Medication

The cost of medication was the most frequently identified aspect of health care that concerned women

and workers. Some women reported spending over $100 a month on medications. One woman’s total

budget after paying rent, was $88 a fortnight, $50 of which she spent on medications:

So that leaves $38 in the fortnight for food, petrol, even just getting to appointments. How do you get to appointments if you’ve got no money? [Service 2 Client 4]

Another woman had only started to access charities after her medication expenses rose dramatically:

The only drug that works for me is $80 a month... That’s when I started going to all the charities and getting handouts for food because I’m spending $80 on the only drug that means I can talk. [Service 3 Client 2]

Dental care and orthodontics

The prohibitive cost of dental care and orthodontics was also raised:

I could not afford this filling but I had to save $400, which for me is a lot of money. It is such a sacrifice to save this amount of money. [Service 4 Client 5]

Besides dealing with chronic pain for my broken face, teeth, I can’t afford dental care for my kids who need braces and fillings... I have got a kid in pain and he just has to wait until I have the money together. [Service 7 Client focus group 2]

Where treatment was needed as a direct result of injuries inflicted by their partner, the close connection

between the capacity to pay and recovering from the abuse became evident:

I don’t open my mouth in public because I think people can actually see why I’ve got no teeth. Because I was naughty, because I did what he didn’t want me to do... Dental care is a big thing. [Service 3 Client 1]

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Paramedic care and ambulance transport

Access to paramedic care and ambulance transport operates on a user-pay basis in most states and

territories, with wide variation in fees across Australia. Health Care Card holders and pensioners are

generally exempted from such fees but for others there is a risk of accumulating considerable debt.

It was noted that even though participants may not have personally called an ambulance, they are

ultimately left to foot the bill:

It could be us, the service, calling because the client could be suicidal, and they could end up with an $800 debt. And they’re really hard to scrap. Or otherwise they’ll say they’ll postpone it, they won’t scrap it. [Service 3 Staff focus group]

Pregnancy terminations

pregnancy termination is a sensitive topic and it is unsurprising that none of the women in this study

specifically raised it during interviews or focus groups. However, workers reported that the cost is

prohibitive to many of their clients. A Medicare rebate is available for terminations, but this does not

cover the full cost of the procedure (pratt, Biggs & Buckmaster 2005).16 Out of pocket expenses can

range from around $300 to over $1000 (Children by Choice 2008).17 In addition, women who have to

travel to a clinic incur additional costs for transport, accommodation and child care. One regional service

spends a significant proportion of its funds supporting women in this situation:

We spend a lot of money on terminations and that’s not specific to escaping domestic violence again but we do know that the history of violence is in many women’s histories. Today we’ve just spent over $1000… We have one man who flies in, does a one-day clinic, and rakes in the dough and goes. Then if it’s past a certain stage, that woman will have to go to [the capital city], so that’s another large cost. [Service 4 Staff focus group ]

The service has access to a network of local women who are prepared to donate money towards this

cause. However, not all women in the town are aware that the service is able to assist in this way.

Other areas not covered by the public health system

Women discussed a number of other medical costs that fall outside the public health system. A few

raised the cost of optometry, noting that there is a Medicare rebate for the general eye examination but

none for the cost of glasses. One woman also reported that she was unable to access the home care

assistance she required while recovering from a burn to her arm:

So for six weeks I was living off dirty dishes or eating out of a tin and not able to wash … I didn’t have the money to pay for [home care] and it was so humiliating on Christmas... I had some paper plates but I was having trouble managing the garbage and that. [Service 3 Client 2]

For women who are isolated and lack adequate financial means as a result of domestic violence, these

constraints compound the negative health effects of the abuse.

16 There are two items on the Medicare Benefits Schedule (MBS) which relate to pregnancy terminations: item 35643—‘Evacuation of the gravid uterus by curettage or suction curettage’—and item 16525—‘Management of second trimester labour, with or without induction, for intrauterine foetal death, gross foetal abnormality or life threatening maternal disease’.

17 In 2008, the Queensland-based organisation, Children by Choice, estimated that ‘out of pocket’ expenses for first trimester termination range from $370 to $1 100 in Queensland, a situation mirrored in other states and territories.

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Private health insurance

Four women in the study paid for private health insurance. Their reasons for this included the added

stability it gave them and the limitations of the public health system:

That’s why I’ve got private health cover. The health system will be prepared to help you out to a certain point and then if you can’t throw the cash at them, it just stops. [Service 3 Client focus group]

A fifth woman reported that she had been covered by private health cover until her husband cancelled it

when the relationship ended.

This group of women was concerned about the high cost of insurance premiums and most were unsure

about their ability to sustain payments in the long term.

Strategies

participants identified five main supports which assisted them to meet the costs of health care:

� the Health Care Card

� other Medicare schemes

� assistance from charities

� victim compensation

� support from health professionals.

The Health Care Card

Women and workers generally identified access to a Health Care Card as the single most helpful form of

assistance to meet their health needs. The following comment is typical of those made on this subject:

I got a Health Care Card, concession card. So much help, for different medicine. If you pay the full payment it’s difficult but if you pay with the concession it’s like the more help. [Service 8 Client 3]

However, the Heath Care Card is by no means a perfect solution. Concessions are only available on

certain prescriptions and do not apply at all to over-the-counter medication or nutritional supplements.

Similarly, not all medical services are covered.

In addition, women encountered difficulties due to doctors being able to use their discretion as to whether

or not they would bulk bill their clients. One woman found that her doctor’s policy on bulk billing Health

Care Card holders was inconsistent:

Now I have a Health Care Card but my doctor doesn’t accept them all the time. It depends – I know it sounds silly – sometimes it depends what mood he’s in… [Service 7 Client focus group 3]

Finally, a number of women in the study did not qualify for the Health Care Card because of their

income levels:

Once you earn over $30 000 that’s it, you can’t get a Health Care Card. I tried to apply for my son who is on antidepressants but they said I’m not eligible because my income is too high. [Service 7 Client focus group 2]

I’ve only been earning a big income in the last eighteen months of twenty years of marriage and you know, it’s detrimental to me. I can’t access a Health Care Card, I can’t get cheaper anything. [Service 5 Client 3]

This group of women, whose incomes were sometimes just over the threshold, were left to bear the costs

of health care on their own. They felt that they were essentially being penalised for working.

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Some women in this situation were able to negotiate with Centrelink (e.g. if they or their child had a

chronic medical condition). However, this remedy is only available on a case-by-case basis and is up to

the discretion of Centrelink officers.

Other Medicare schemes

In addition to the Health Care Card, participants named two specific schemes that assisted them with their

health care needs: the Gp Mental Health Care plan and the Medicare chronic disease dental scheme.

At least four women had accessed private counselling through a Gp Mental Health Care plan. The

scheme significantly reduces the cost of seeing a mental health professional. However, even those

covered by the plan encountered difficulties in accessing counselling. The scheme only covers a limited

number of sessions and this did not assist women who needed long term counselling. In addition,

although later reimbursed, participants still had to pay upfront fees for services, which were ‘confronting

at times’. Others were unaware of the Mental Health Care plan and had paid full fees for services for

which they may have otherwise received a rebate.

Under the Medicare chronic disease dental scheme, patients are able to apply for a Medicare rebate for

services provided by a dentist, dental specialist or dental prosthetist in private dental surgeries. At least

one woman in the study had accessed this scheme.

Assistance from charities

Charities were able assist in various ways, including providing vouchers or reimbursements for

medication, doctors’ fees and, in some cases, paying directly for more complex medical treatment.

Alternatively, charities might provide other forms of material assistance (e.g. food vouchers), thereby

freeing up women’s budgets to pay for their health expenses.

Sometimes, simple forms of assistance were the most valued. One woman who had very complex health

needs singled out an OpSM voucher she received from the Salvation Army as making a key difference:

The OPSM voucher from the Salvos is the one that made the most difference to my quality of life. The main thing that I need that I’ve never had – and I’ve worn glasses for decades – is prescription sunglasses. That’s the humiliating thing about all this. I’ve never ever had the money for prescription sunglasses because it’s not a necessity. [Service 3 Client 2]

As they fall outside the public health system, women who were new migrants were one of the key groups

to rely on financial assistance from charities. A number of specific programs have been established to

assist women in this situation, including a red Cross-funded program accessed by one woman:

I went to the doctor and he referred me and I found out I needed an operation but I’m not eligible for Medicare. Now I have to wait until Red Cross says they will pay, I think maybe two weeks. But I think they will be good about responding to my health needs. Red Cross will pay for other health things like medication, dental... [Service 1 Client 2]

Our literature review identified the no Interest Loan Scheme run by the Good Shepherd Sisters as another

avenue of financial assistance which women may use to pay for their health care. Most women in the

study did not appear to be aware of this option.

Victim compensation

Access to victim compensation emerged in the interviews and focus groups as a valuable, albeit under-

utilised, source of financial assistance for women in meeting both medical and counselling expenses.

Importantly, this avenue is only available to women who have experienced a criminal act of violence and

who meet other eligibility requirements of the schemes, which are state-based (see chapter 7).

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Only a few women who participated in the study reported that they had sought assistance via this

avenue. However, the experience of one woman who received victim compensation for a dental injury

suggests that it has an important role to play:

That was one good thing that came out of the bad… If I didn’t get the victims compensation payment to fix my broken teeth, it would have impacted even more on my self-esteem, because I need to present well for work. [Service 7 Client focus group 2]

Support from health professionals

While some women encountered ignorance among health professionals, most spoke positively about

the support that they had received from Gps, specialists, midwives, child health nurses, psychiatrists,

psychologists and counsellors. In many cases, these health professionals had helped women to

recognise that they were living with domestic violence and played a validating role, allowing women to

feel that their responses were normal.

numerous women spoke about the holistic support they received from health professionals and the

trusting relationships they developed with their doctors:

[My GP] would refer to me the psychologist and then she referred me to the psychiatrist. I’ve got total and complete support as far as my life, my mental, emotional and physical wellbeing as a whole. [Service 3 Client 4]

In some cases, health professionals had also played an advocacy role; for example, one woman’s

psychologist provided her with a support letter for a public housing application. In this way, health

professionals were able to improve women’s long term security and quality of life.

Recommendations

An expanded public health care system

Women affected by domestic violence face several gaps in an adequate response from the public health

system. participants called strongly for the system to provide more comprehensive coverage of medical

treatment and in particular, for Medicare to cover dentistry:

When I get my confidence back, I’ll go and lobby outside the government, ‘Pay for dentists!’ [Service 3 Client 1]

I think private dentistry should be subsided or have a discount for pensioners like with Medicare or when I go to my GP, bulk-bill or things like that. [Service 4 Client 5]

In addition, greater awareness of government schemes, such as the Gp Mental Health Care plan and the

Medicare chronic disease dental scheme would be of great benefit.

The introduction of a levy system for ambulance services, along the lines of the Queensland system,

would increase accessibility to this service.18

Extended eligibility for the Health Care Card

In addition to widening the coverage of the public health care system, a key recommendation of the study

is to extend eligibility for the Health Care Card, either by increasing the income threshold or by including,

as part of the eligibility criteria, an assessment of women’s health needs.

18 In Queensland, all households pay a levy under the Community Ambulance Cover scheme and are automatically entitled to free pre-hospital ambulance treatment and transport. The levy is collected by electricity retailers and suppliers on behalf of the Queensland Government. Viewed 3 September, <http://www.ambulancecover.qld.gov.au/faqs/scheme/index.shtml>.

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Improved access to victim compensation

Improved awareness of and access to victim compensation could provide women with a greater range of

options when addressing their health needs. Greater use of this financial assistance may benefit working

women in particular, who would otherwise be ineligible for the Health Care Card. reforms to victim

compensation are an option discussed further in chapter 7.

Recognition of trauma

Finally, workers felt that the presence of trauma needs to be recognised when agencies work with women

to stabilise and manage their financial situation. They explained that recovery is optimised when victims

have support to make effective financial decisions and timely access to entitlements and resources. This

is more likely if professionals attend to trauma through providing validation of the impact of domestic

violence; healing environments; and material assistance that is ‘paced’ to respond to evolving needs.

Key recommendations

� Governments and services to increase women’s access to victim compensation for injuries

and illness resulting from domestic violence; e.g.:

à provision of information to clients and services; specific provisions in schemes for victims of

domestic violence

� Governments to increase access to health services for women and children affected by

domestic violence; e.g.:

à extend eligibility for the Health Care Card to victims of domestic violence

à provide more comprehensive coverage of medical treatment under Medicare, particularly

around dentistry, mental health treatment and physiotherapy

à introduce a levy system for ambulance services.

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ChAptER 9: transport

Case study

Jessica was a pensioner in her mid 60s and lived in a regional town. She had been emotionally

abused by her ex-husband and also had a restraining order against one of her adult sons, who was

‘very domineering, very violent and knows very violent people’.

Due to a back injury she had sustained while caring for her ex-husband, Jessica found it difficult to

get around on public transport:

Sometimes the drivers are a bit hairy scary, they don’t even give you a chance to sit down.

Her car was jointly owned with her ex-husband but she managed to keep it after separating. Lately

Jessica had been having some trouble getting around town, as the car needed significant repairs:

I can’t drive it too far because it leaks oil and it smokes like it’s on fire.

As a pensioner, Jessica received a concession on her car registration. She was also entitled to

taxi vouchers from the state government; however, as she still had to pay for half the fare, she

rarely used them.

Access to transport and gendered disadvantage

Access to transport emerged from the study as a source of financial concern, albeit one that affected

a smaller number of women than other issues covered in this report. While the majority of women were

satisfied with their access to transport, a sizable minority (nineteen out of fifty-seven clients, or one-

third) cited problems in this area. Access to transport also emerged as one of the few areas of women’s

financial security for which there is little to no formal support available.

The literature indicates that transport is an area worthy of consideration, with previous Australian research

highlighting that access to transport is a key factor affecting women’s decisions to leave or stay in a

violent relationship. In patton’s (2003) study, 21% of women identified lack of access to transport as a key

structural barrier to escaping violence. This was particularly true for those women who are more isolated;

for example, living in rural areas or for women with disability.

Furthermore, the wider literature on access to transport in Australia indicates that it is an area of gendered

disadvantage, with women tending to have less access to private transport than men (Australian Bureau

of Statistics 2008). Additionally, age can be a factor in accessing private transport, with a number of

Australian studies indicating a relative driving disadvantage for older women in comparison with older

men (Dent et al. 1999; Stacey & Kendig 1997; Vecchio 2003).

Against this broader pattern of gendered disadvantage, this chapter explores the relationship between

women’s access to transport and their financial security following domestic violence, including its impact on

women’s safety, capacity to work and access services, sense of independence and overall quality of life.

Barriers

Cost of car ownership

Car ownership is an expensive exercise. participants in the study spoke at length about the costs

involved, not only in purchasing but running a car, including petrol, repairs, registration and insurance:

I’m always on empty. The kids are so paranoid about getting in the car. ‘Mum, you’re gonna run out. Says it’s got zero kilometres.’ ‘Ah, she’ll be right for another five ks.’ [Service 3 Client 1]

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For several migrant women, the primary concern was the cost of learning to drive:

I don’t have a car but I could drive back in my home country. I just need a car to practice and then I could drive. But every time you learn it costs $60... It would be helpful to have cheaper driving lessons. But after you learn then what next? You have to buy a car. You can buy a cheaper car but it costs you more to fix it... [Service 1 Client 5]

The expenses associated with purchasing a car meant that some women continued to rely on their ex-

partners for support, leaving them vulnerable to ongoing abuse. Disputes over a jointly owned vehicle

frequently served as a trigger for emotional and financial abuse in particular:

To run it, he [my husband] thinks I should pay part of the registration and hand it back to him with a full tank of petrol – but I don’t get it back with a full tank. [Service 3 Client focus group]

Disputes over registration and insurance had other serious consequences, such as for one woman whose

ex-husband took her name off the insurance policy without notifying her; she only found out after having

an accident. Other problems also arose where women were seeking to pay off a car which they had

jointly purchased with their ex-partner.

In some of these cases, the woman’s inability to purchase her own car ultimately kept her dependent on

her ex-partner and stuck in a cycle of violence.

Even where women were able to purchase a car in their own name, some women’s ex-partners found

opportunities for abuse. One woman’s ex-partner had forged her signature on the registration documents

of a car she purchased after leaving the relationship, in order to transfer the vehicle into his name:

I played all sorts of games with that pig because he found out that I had this car and then he changed it to his name by forging my signature. Then I couldn’t register it, so I’ve been through all the hell with this control freak stuff. [Service 3 Client 1]

Car ownership was an area fraught with difficulties for the women in the study, with significant implications

for their sense of financial security and personal safety. A number of women in this study emphasised

that having a private vehicle was essential for them to attend appointments such as court, particularly for

women with children or with disability. For others, it was essential for safety, so they could flee danger if

they needed to.

Poor access to public transport

For some women public transport was the only affordable transport option. For those living near the city,

public transport was often quick, convenient and relatively inexpensive, as indicated by the following two

comments:

The transport is ok. From where I live, there is a bus stop five minutes away. I don’t have problems getting transport. [Service 1 Client 2]

The area that I live in now has many buses and the train station is nearby, that’s why I choose to move there. It is very convenient for me. [Service 1 Client 6]

However, other women spoke about the inadequacy of public transport in their area. They reported that

there was no public transport (most often an issue in regional areas); that public transport was unreliable

or unsafe; and that taking public transport was time consuming. These difficulties were compounded for

women who had a health condition or young children:

I can’t go on a bus because of the vibration because I’ve got titanium steel in here, the vibration gives me really bad headaches, and also because I can’t carry my shopping or anything. [Service 2 Client 4]

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I don’t have easy access to public transport where I live. I have to change buses. If you are just by yourself it is easy but if you have a pram and you don’t know the road very well…. [Service 1 Client 5]

Some women and service workers also raised concerns about the affordability of public transport. Staff

at one service noted that women often moved to areas with cheap housing only to find that the transport

infrastructure was poor:

There are also problems with places that may have housing but do not have affordable transport. It costs $8 for some of the women we’re working with to come and have their appointment. [Service 1 Staff focus group]

Hindering employment

As well as the direct costs associated with paying for transport, several women in the study mentioned

that they were unable to take up available job opportunities because they did not have access to a car or

other transport:

Because I don’t have a car on my own, I can’t be employed in many of the aged care agencies because they want reliable transport. I’m qualified, I’m waiting, I’m in the field, I’m applying and the only ones I’m limited to are far-end agencies that work in correspondence to the ones in localised areas. You have to jump on public transport, about three or four types of them, just to get to a place and to work in a facility. [Service 8 Client focus group]

The biggest problem [to finding work] is transport. I don’t know how to find places. I don’t have a street directory. I don’t have my own transport – no car, bike or scooter. If they can tell me I have work two hours before, then I can get there by public transport, I don’t care how long it takes. [Service 1 Client 3].

not being able to find or maintain employment had flow on effects for participants’ economic wellbeing,

sense of independence, self esteem and hope for the future.

Strategies

participants in the study used three main strategies to assist them with their transport needs:

� support from family and friends

� individual techniques

� formal support.

Support from family and friends

Several women had borrowed money from family or friends to purchase a car or, alternatively, were able

to borrow a car occasionally. Others relied on their family or friends for lifts, including one woman whose

sister was able to drive her to work, as they had similar hours.

Individual techniques

Some participants had personally negotiated deals with their mechanics to pay off repairs over a planned

period of time:

I’ve had it [the car] for four years and a few things are starting to go in it. Me not having the financial back up that I should have, has made it hard for me to get stuff fixed. Luckily I have a good mechanic who let me pay it off. [Service 5 Client 1]

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Others also developed their own budgeting techniques to minimise the cost of transport. For example,

when using public transport they sought to reduce their costs by travelling in off-peak periods when

tickets were discounted.

Formal support

A small number of women had accessed formal support for their transport needs, including vouchers

and government concessions. Several women had received taxi vouchers from services, charities or the

government. However, as one client explained, she still had to pay half the cost of the taxi:

I get taxi vouchers from the state government but I don’t have the money for taxis. The vouchers pay for half the fare. More of concession on the taxi vouchers would be good, especially as the taxi fares have gone up. [Service 4 Client 3]

In a similar vein, one of the services provided bus passes to clients but noted that this could become

complicated if they had to catch more than one bus and that sometimes it was easier to ‘just give them $5’.

Women also acknowledged that they received assistance in the form of discounts on car registration

through the Health Care Card, although most felt that the discounts were not substantial enough:

I receive a discount for car registration because I’m a single parent but it is not that much. I used to pay $350 and the discount means I pay $260 – it is not a big discount. I still have to pay car insurance and to fix the car if it’s broken. [Service 1 Client 1]

The literature review for this study indicated that some no Interest Loan Schemes (nILS) provide loans

for car repairs or registration, especially where public transport is poor. However, none of the women

interviewed appeared to be aware of this option.

The study also identified some Australian initiatives to address gaps in women’s access to public

transport. For example, as part of its Transport Coordination program to address the needs of people

facing transport disadvantage, the new South Wales Department of Transport and Infrastructure funds a

number of Transport to Safety projects, which provide transport to women’s refuges and other emergency

accommodation (e.g. through brokered taxi subsidised services) (A Hayter [nSW Transport and

Infrastructure] 2010, pers. comm., 29 July).19

Recommendations

Improved public transport and more subsidies for those on a low income were key strategies suggested

by women and workers in the study. They also recommended making car ownership more affordable,

including by giving women access to cheaper petrol or petrol vouchers, low interest loans for cars,

discounted car insurance, and free or subsidised driving lessons (see case study).

Case study: Second Chance, New Zealand

Shakti Community Council is new Zealand’s national umbrella organisation for domestic violence and

other support services for migrant and refugee women. One of the life skills programs provided by

their member services is subsidised driving lessons.

Shakti’s flagship education program, Second Chance, covers driver licensing along with topics such

as English for everyday living, nutrition and health, managing finances, positive parenting and career

development.20 The twelve-week training program is targeted at women who are dependent on state

welfare due to language and cultural barriers, lack of confidence or the trauma of abuse. Second

Chance is offered free of charge to survivors of violence and includes residential accommodation.

19 See also: Transport nSW web site. Viewed 10 August 2010, <http://www.transport.nsw.gov.au/lact/regional-coordinators.html>.20 See the Shakti Community Council web site. Viewed 19 April 2010, <http://www.shakti.org.nz/sub05.php>.

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The 2007 Annual premier’s Summit in Victoria advocated for accessible and appropriate transport

services (Victorian Office of Women’s policy 2008). In addition, Colvin (2002) has argued that women

in rural and remote areas need improved public transport services to enhance their access to work or

further education.

Key recommendations

� Governments to make car ownership more affordable for victims of domestic violence; e.g.:

à give women access to petrol vouchers; low interest loans for cars; discounted car insurance;

and free or subsidised driving lessons

� Governments to improve access to public transport; e.g.:

à more subsidies for domestic violence victims.

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ChAptER 10: Migration issues

Case study

Anila came to Australia in 2007 on her then husband’s visa. Over time, he became more and more

controlling:

It’s not like he’s hitting me... but he didn’t let me get my freedom, independence. I was always reliant on him.

One day when he was out of the house, Anila went to her neighbour for help and was given the

phone number for a domestic violence service. With their assistance, she was now in the process of

applying for permanent residency for herself and her two-year old son.

While waiting for the Department of Immigration and Citizenship’s final decision, Anila was not

entitled to Centrelink benefits or Medicare. Although she was allowed to work under her visa, Anila’s

husband had forced her to quit her job and she could not afford child care in any case.

Left in a state of limbo, Anila felt she was unable to plan for her future, financially or otherwise:

They [the domestic violence service] started telling me about it [financial management] but because I don’t know whether I am going to stay in the country, I don’t know if I need that now… Once my visa has been approved, I will start planning all those things. Right now, I don’t know, I don’t know nothing.

In the mean time, the domestic violence service had provided Anila with accommodation and other

material support, as well as arranging for her to access legal advice.

Gaining permanent residency through the family violence provision

Women who apply for residency in a foreign country based on their partner’s residency status are

particularly vulnerable if that partner is abusive. Their choice is often either to live with continued violence

in the home or to return to their country of origin and face possible social stigma, poverty, persecution,

limited freedoms, or in some cases war.

In Australia, the Migration Regulations Act 1994 (Cwlth) includes a Family Violence provision (FVp) that

allows people on some forms of temporary resident visa to apply for residency status in their own right,

where the relationship has broken down because of domestic violence. Several women in this study had

applied, or were in the process of applying for residency under the FVp, following their (now) ex-partners’

withdrawal of support.

Despite the availability of the FVp, the disruption to their migration processes had caused these women

great anxiety and put their lives on hold. Moreover, they found it difficult to sustain themselves financially

due to the limitations on their ability to earn an income or access support through the Australian health

and welfare systems.

Barriers

Sabotage of women’s migration applications

Several women in the study described partners deliberately hindering their initial application for residency

or placing them in a position where an application for a work visa or residency would be difficult:

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My husband did not support me to get permanent residency… He wrote to the Department of Immigration to send me back to my home country. At that time I had an eighteen month old son... At that time I still trusted him and wondered why Immigration sent me back but, in fact, he did not support me to stay here. [Service 1 Client 2]

He wouldn’t let me get my visa. As far as putting in an application, he just kept making excuses for the medical part and then… things got very scary... He was, when I went for the pictures for the passport, he was just so irate… I only got as far as pictures and he was off his head all day because it was changing. [Service 3 Client 4]

These women felt they had been tricked by their partners or thwarted in their application for residency.

They and other women in similar situations spoke of these actions as being part of their partners’

controlling behaviours.

Lack of information and confusion about immigration processes

While the Department of Immigration and Citizenship (DIAC) provides applicants with information about

immigration and visa application processes, these can be confusing and intimidating for applicants,

particularly so for those unfamiliar with legal processes, for whom English is a second or third language,

or who have low literacy.

Anxiety can be heightened by uncertainty of outcomes and the fact that the department’s decisions

may have profound effects on one’s life. One participant had come to Australia on a spouse visa but

separated when her husband became abusive. When her husband subsequently killed himself, she

found herself facing a complicated immigration process and significant emotional turmoil:

My visa is valid for two years. I don’t know what kind it is. I’m totally confused – I was on a spouse migration visa but since my husband passed away I don’t know where I stand or what Immigration is going to think of me and what they will decide. I had come out here with high expectations of a better life, a husband, a family. You know, I would be a different person. Everything that has happened has knocked me back. [Service 1 Client 4]

While this woman’s situation is perhaps fairly unique, her confusion was not alleviated through information

provided by the department. Uncertainty, lack of power in the decision-making process, and dealing with

the consequences of an abusive partner’s actions all undermine the capacity for women to stabilise and

gain control over their lives.

Lengthy application processes

Once an application process for residency commences, it can take many months, sometimes years, for

DIAC to determine a woman’s FVp claim, making it difficult for women to plan or think about the future.

Migrant women’s access to income during the interim period may be seriously limited, due to Centrelink

eligibility requirements and working restrictions. This leaves them impoverished and unable to access

key services (e.g. refuges), as was discussed in previous chapters. Women in this situation expressed

feeling vulnerable and completely dependent on charity of organisations or others during this time.

Fear of deportation

For women awaiting a decision on their FVp claim, the possibility of deportation was a constant fear.

Their situation was further complicated if they had children to an ex-partner who is a permanent resident

of Australia. They were concerned that they would be made to return to their country without their

children. Sometimes the fear of deportation was fuelled by the abusive ex-partner, sometimes it was due

to a lack of information, and sometimes it simply reflected the reality of their situation.

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Strategies

Four key strategies were significant in addressing migration issues:

� access to appropriate information and advice

� immigration advocacy

� legal assistance

� material assistance.

Access to appropriate information and advice

In the study, migrant women’s choices were dependent on the advice they had received and the

assistance they were offered to act upon it. One woman’s positive experience with a legal service was

critical in this respect:

I was lucky. Many people say if the husband withdraws their support from the wife, the woman has to return to their country. But I found this domestic violence service and the [refugee and immigration] legal service helped me. I found that I am a domestic violence victim and they helped me to apply for my visa. They gave me information about my rights and entitlements. The lawyer told me I can go to Centrelink and apply for the Special Benefit. Before, I didn’t know this. [Service 1 Client 6]

As all women in the study were already linked in with a support service, most of those with immigration

issues had received some form of information. They were emphatic about the value of information about

their rights and what processes to follow at this time, in alleviating their anxiety and confusion.

Immigration advocacy

All of workers in the study provided women with some migration advocacy. At the very least, advocacy

consisted of referral to legal and/or migration services. Workers in most services were able to provide

direct practical support in terms of: reading and explaining legal documents; writing letters of support

or statutory declarations; and preparing visa and residency applications. Some workers set up

appointments at Centrelink to determine clients’ eligibility for entitlements and petitioned DIAC and legal

services for assistance for their clients. Two of the services participating in the study were legal services

and could provide direct legal assistance.

The provision of advocacy provided by these services often represented a turning point for migrant

women; a point when they were first able to grasp their situation, identify their options, learn about their

rights and access legal assistance.

Legal assistance

Legal assistance with residency applications and also in negotiating some form of financial settlement

with ex-partners was seen as essential by migrant women in the study.

One woman spoke of being daunted by the process of applying for residency independently of her ex-

partner. She was supported to do so with the assistance of a domestic violence worker and lawyer and

was ultimately successful in her application.

Another woman, who had not been successful in all her legal proceedings, nevertheless stressed the

value of this support for people who are on their own:

Legal Aid helped me to ask for money from my ex-husband but it no work. They did 100% of things for me. I think they work from the heart… You know when you need so many things, you get numb. When you get help, you feel human… It is really important because I have no one here. [Service 1 Client 5]

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Material assistance

The most direct way in which services were able to financially assist women applying for residency under

the FVp was through the provision of material assistance. participants were accessing wide-ranging

support in order to survive, including assistance with housing, utility bills, medical expenses and food. As

one woman explained about the domestic violence service she was accessing:

They were helping me with accommodation, food. Because I don’t have any income, no money, nothing. And I have a two year old. They helped me with food, house… transport, hospital. Everything. [Service 2 Client 6]

Unfortunately, services were limited in the amount of material support they were able to provide and

consequently, limited in the number of women they were able to assist.

DIAC operates two programs that study participants considered to be valuable to migrant women

affected by domestic violence who are ineligible for government income support. These are the

Community Assistance Support program (previously the Community Care pilot program) and Asylum

Seeker Assistance Scheme, both administered through the red Cross.

Case study: Material support for women on partner visas

The Community Assistance Support program21 is specifically targeted at those whose immigration

status is in the process of being resolved and who are facing family difficulties, such as child abuse

or domestic violence. It offers income to support basic living expenses, assists around finding

accommodation, provides health care, counselling and other health and welfare services, depending

on the individual’s needs.

The Asylum Seeker Assistance (ASA) Scheme makes available limited income support and health

care to some protection visa applicants living in the community.22 Usually partners or sponsored

fiancés of permanent residents are ineligible for this support but there is an exemption for women

who are experiencing financial hardship due to circumstances beyond their control, such as

separation because of domestic violence. The support provided is means tested and continually

assessed but does provide a regular fortnightly payment.

Workers at one service noted that the CAS program and the ASA Scheme have come about as a

direct result of the lobbying efforts of organisations like theirs.

Recommendations

Provision of targeted information

Study participations strongly advocated that information be more effectively provided to migrant women

through a range of strategies including:

� delivering specialised workshops for newly arrived migrants addressing Australian social

norms, women’s rights, migration provisions and legal redress for violence

� providing information about domestic violence as part of the 510 hours of English classes

offered to new migrants

� dissemination of information to migrant and CALD women in embassies and via the internet,

radio, and television.

21 See the DIAC web site. Viewed 8 April 2010 <http://www.immi.gov.au/media/fact-sheets/64community-assistance.htm>.22 See the DIAC web site. Viewed 8 April 2010 <http://www.immi.gov.au/media/fact-sheets/62assistance.htm>.

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Increased material, financial and legal support

For migrating women who experience domestic violence, access to information is of limited use if they

are without material, financial or legal support. We, therefore, strongly recommend increased access to

such support. This should include designated refuge places, faster processing of visa applications and

widened eligibility for income support through the Special Benefit, as recommended in other chapters.

Key recommendations

� Governments to provide targeted information about domestic violence to migrant women; e.g.:

à deliver information for newly arrived migrants through workshops, as part of English classes

and through embassies and via the internet, radio, and television

� Governments to provide migrant victims of violence with increased access to material,

financial or legal support; e.g.:

à faster processing of visa applications; widened eligibility for income support through the

Special Benefit; establish dedicated refuge places.

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ChAptER 11: Employment

Case study

Lucia was in her early 30s and had two children. Her ex-partner was physically violent and a heavy

drug user. Eventually she ‘got sick of it’ and kicked him out of her unit. He later returned and

assaulted Lucia, leaving her with a broken rib.

Although Lucia had previously worked, she was now suffering from anxiety and depression and did

not feel ready to start a new job. She had only been separated for a few months and at the time of

the interview had just begun seeing a psychologist.

The cost of after school care was also a key consideration for Lucia, whose children were too

young to be at home by themselves after class. She was sceptical about her chances of finding an

employer who would let her work school hours:

When you’ve gone through stuff like this, you’ve got to put your kids first because that’s all you’ve got to keep going. I just find it very inflexible trying to fit in... Not many places can hire you from 10[am] till 2[pm], plain and simple.

Despite her mental health concerns and childcare obligations, Lucia was required to look for work

in order to receive her Centrelink payment. She had found looking for a job on her own difficult and

suggested that women have access to a support worker.

paid work as a path away from violence

A number of studies have highlighted the critical function of paid work in providing a financial base

for women that can allow them to break free from violence (Costello, Chung & Carson 2005; McKean

2004; Swanberg, Macke & Logan 2007). Gaining employment is often a key pathway to leaving and/

or establishing a new life (patton 2003, p. 73). Moreover, being able to gain and maintain paid work is

pivotal in creating a secure financial future for victims and their families.

However, participation in employment can be critically undermined by ongoing abuse and its subsequent

effects. Women affected by domestic violence are more likely to have a disrupted work history, to have

to change jobs and are more likely to occupy casual and part-time work than women with no experience

of violence (Franzway, Zufferey & Chung 2007; Lloyd & Taluc 1999; Moe & Myrtle 2004; riger & Staggs

2004a; Swanberg & Logan 2005).

While paid employment proved elusive for the majority of participants in the Clearinghouse study, twenty

of the fifty-seven women were employed: thirteen part-time and seven full-time. Their work arrangements

varied in terms of casual, temporary and permanent employment. Most were working for employers but a

couple were self-employed.

‘Security’, ‘independence’ and ‘self sufficiency’ were some of the values that women saw paid work

offering, and some went to great lengths to minimise their reliance on family members and others,

including by taking up multiple jobs. Furthermore, women viewed work as offering them an ‘escape’ or

‘freedom’ from abuse or ongoing issues stemming from the relationship, creating a sense of ‘normality’ in

their lives and a ‘space’ for themselves:

… to go to work where my husband wasn’t and he had no control over me at work, that was my place of freedom. [Service 3 Client 1]

Employment thus played a healing and protective role in the lives of women, in addition to providing

women with a valuable income.

[back to table of contents]

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Barriers

Impacts of abuse on working women

Sabotage of work

Australian and international studies have identified a range of sabotage strategies used by abusive

partners and ex-partners to undermine women’s work (Bell 2003; Brandwein & Filiano 2000; Lein et al.

2001; Logan et al. 2007; Lyon 2002; Moe & Myrtle 2004; Swanberg & Logan 2005; Swanberg, Macke &

Logan 2007).

participants in this study shared many of these experiences. For example, participants reported: being

pressured by partners while in the relationship to not work; being prevented by partners from leaving the

house to go to work; partners or ex-partners promising to mind children then refusing to do so; being

stalked or harassed at work; or receiving injuries that prevented them from working.

A few participants also spoke about the difficulty of trying to keep focus at work, while dealing with abuse

at home and the chaos that ensues:

The day after the dog squad ... me and my kids standing out on the median strip and he pulled a gun to my head on the Sunday and I rocked up at work on the Monday and had to just perform. No one had any idea what was going on. I had a performance management meeting that day and I just cried, the whole thing, and they thought it was all because of my job, but it was nothing to do with my job. [Service 5 Client 3]

For several women in the study, the effect of pressure from partners during the relationship to give up

work or of ongoing abuse and sabotage of work efforts following separation eventually resulted in them

leaving their jobs.

partners’ abuse might also have long term consequences for women’s future employment prospects. Of

those women who were now looking for work, a number were worried about the type of work they were

likely to acquire, namely casual, part-time, low paid or low skilled work. Their reduced employment

prospects may, in part, be explained by a loss or obsolescence of skills due to the effects of the abuse

(Evans 2007).

Trauma

relationship abuse can generate significant physical and mental health trauma for women and their

children, often extending well beyond the cessation of the abusive behaviour (Costello, Chung & Carson

2005; Evans 2007; McInnes 2003). The health effects of abuse and women’s ongoing fear and anxiety

regarding safety and the recurrence of violence can undermine their capacity to work (Bell 2003;

Brandwein & Filiano 2000; Brush 2000; Evans 2007; Franzway & Chung 2005; Franzway, Zufferey &

Chung 2007; Lindhorst, Oxford & Gilmore 2007; Logan et al. 2007; McInnes 2003; Moe & Myrtle 2004;

riger & Staggs 2004b; Tolman & Wang 2005).

nine participants talked about not being emotionally ready for work following separation, due to the

trauma of the violence they had experienced. 23 Some of these women expressed a desire to work but

recognised that they still needed time to recover from the abuse, to rebuild their physical health as well as

their mental health and self-esteem:

Working would be wonderful but I’m not sure if in the foreseeable future it’s a possibility. I don’t know how reliable I’ll be. As much as I definitely think it would be positive to me personally – mentally, it would be great – I don’t think it’s really an option at the moment. [Service 2 Client 5]

23 It is worth noting that twenty-one of the thirty-two women who participated in individual interviews identified themselves as having mental health issues resulting from the abuse.

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Some women also referred to their children not being emotionally ready to be left on their own or in child

care. They spoke about their children exhibiting physical health problems, as well as emotional and

behavioural difficulties. These women preferred to care for children at home rather than placing them in

care to look for work:

I actually quit my last job when my daughter was four because I wanted to spend a year with her at home before she starts school. I really did notice the difference in making that choice... Throughout the whole DV relationship, I felt like I hadn’t really had much of a chance to develop our relationship. There’d been a lot of to-ing and fro-ing, and up and down. So I really wanted some quality time with just us because it was really hard to develop that through working, going to see psychologists, just trying to deal with everything. [Service 2 Client 5]

Time pressures

Women in the study were under significant time pressure due to the myriad of appointments associated

with dealing with the abuse or the consequences of the abuse (e.g. legal, health, housing, childcare

and school appointments). For many participants, particularly those more recently separated and

those involved in ongoing legal matters, these appointments placed significant pressure on their time,

restricting their capacity to find and maintain employment:

And then I was in court for two years which hindered me, I would have been working a lot earlier if I didn’t have two court hearings a month for two years straight. Thirty court hearings. [Service 8 Client 5]

Several women found such demands on their time, especially demands to address the behavioural,

emotional and other needs of traumatised children, too onerous to seek or maintain employment.

They were particularly concerned as to how they would be able to meet government ‘welfare to work’

requirements (discussed in more detail in chapter 12):

I have to look for work because my son just turned eight and I don’t know how I’m meant to because he’s ADHD, he hardly spends a whole week at school. Plus that you’ve got mediation visits here, psychologist appointments there, and all the other stuff you’re meant to do. I don’t know how I’m going to fit looking for work. [Service 5 Client focus group].

Systems barriers to paid work

Cost of child care

Forty-one women in the study had children under the age of sixteen, many with younger children.24 A

number of those who were not working stated outright that childcare costs would equal or exceed any

earnings gained from their employment, effectively making employment financially unviable:

So I tried to get a job in a shop and they wanted to pay me cash, $5 an hour. I said the child care is $10 an hour. [Service 1 Client 5]

McInnes (2003) has argued that victims’ access to a wide range of childcare options is restricted by three

main factors:

� social isolation from informal care supports (such as family and friends) as a consequence of

abusive relationships

� a distrust of childcare providers

� an ongoing fear for children’s safety in child care.

24 Eighteen women had children aged 0-4 years, seventeen women had children aged 5-9 years and six women had children aged 10-15.

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These issues were echoed in comments by women in the study:

Childcare centres are safe because they have codes on the door and security measures but after school care – they are running around the playground and often there is one person looking after the kids, so there is no way that they are safe from anyone walking in… [Child care] costs a lot of money. I had to pay it because he was always loitering around the school and tried to abduct them a couple of times and if he does I’ll never see them again because he’ll take them to the Middle East and where am I going to find them? [Service 7 Client focus group]

Finding available and affordable child care was especially difficult for women who were employed

casually and accessed child care irregularly. Different types of arrangements can be organised using

family, friends and formal care but this approach was not always ideal:

It was my mother, this family day care woman, and two centres. [My daughter] coped really well but it was really a lot of to-ing and fro-ing and it would have been a lot easier if there was a single place she could have gone to. But the child care just didn’t have room. [Service 2 Client 5]

Loss of entitlements

While a combination of paid work and government income support suited some women in the study,

others reported that the impact on their entitlements of working or working more hours would be so great

that, overall, they would be worse off financially:

That would be a whole other session if I could explain the anomalies or the interactions of the tax system, the family tax benefit and also the pension system. When you put all those things together they start cancelling each other out but then you come up with your net figure and it’s not worth you working full-time. Then I lose my safety net. What happens if I, through sickness or something else, I became unemployed? [Service 8 Client 5]

Loss of entitlements was of particular concern to women with children, because of the childcare costs

associated with working. It was also of concern to women who perceived that the work they were most

likely to get would be casual, part-time and/or lowly paid. One woman admitted to sometimes working

cash in hand in order to get by financially but was anxious about losing her benefits if Centrelink found

out, or about having a work injury or accident and not being covered by WorkCover.

The marginal financial benefit – and sometimes net loss – resulting from the loss of entitlements when

taking up paid work or increasing one’s hours, was perplexing to a number of participants. They

questioned why there was not greater flexibility in the entitlements system to create a greater financial

incentive to find paid work:

I think the amount you can earn per fortnight should be higher. I know when I was on Austudy it was $236 a fortnight but now I’m on Parenting Payment it’s a lot less than that. I think that should be raised so you’ve got more reason to go to work than just not being at home. [Service 2 Client 3]

Low paid, casual and part-time work

There were five women in the study who earned over $1500 a fortnight and these women were mostly

satisfied with their work and income. But others were dissatisfied with the type of work they had and/or

level of pay:

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I’m so fed up to earn $16 per hour. 25 I have studied a few courses at TAFE but, oh my god, I still earn $16 per hour. For a young person, earning $10 an hour, it’s fine but not for an adult in my situation… [Service 4 Client 5]

Of the women who were working, most (65%) were part-time, generally because of childcare demands.

Childcare demands also directed women into casual work, which brings with it less financial security.

Discrimination

Migrant women suffered additional barriers to gaining employment including visa restrictions; not having

overseas qualifications recognised; poor English; and an absence of friends and relatives in Australia that

could provide childcare. The competing demands of needing to work and needing to take time off work to

improve their English or attain or repeat qualifications, left some women feeling trapped in low paid work:

Not being able to work is an issue, not just in terms of financial security, but also in terms of not being able to acquire new skills, experience (which is important for gaining employment later), or having qualifications recognised. And not being able to do voluntary work doesn’t allow women to have any productive contribution, which exacerbates mental health issues, which are associated directly with the uncertain status which the woman has around her visa. [Service 1 Staff focus group]

One woman, who was professionally qualified in her home country, was desperate to gain Australian

qualifications to find similar work here:

I really want to get an Australian qualification and then get a good job, not just working for $9 an hour. In my own country, I am an accountant for twelve years. If I study at TAFE, it will help me to develop my abilities and find a job more easily… I had 510 hours of free English lessons at the TAFE but when my husband told me he would finish the relationship, I had to stop the course to go to work. I am able to finish the course for free if I had enough money to not work so many hours. [Service 1 Client 5]

The study also highlighted some specific barriers for older women and women with disabilities. These

centred on discrimination and limited employment opportunities:

The main [concern older women clients have] is that their capacity to earn is diminished as they age. So often when you’re younger and you’re out of work, in the background there’s still that knowledge or that belief that you’ve got the capacity for future earnings. That can be a big awareness to people, when they’re losing that capacity to earn that income. That’s even from fifty now... [Service 6 Staff focus group]

Older women’s diminishing capacity to earn can be an obstacle to leaving a violent relationship or staying

away, and the likelihood of gaining employment is especially low if these women have never had paid

work or not worked for some time.

Women with disability also face barriers to leaving, feeling uncertain as to how they would manage

independently. Some felt they were actively discriminated against by employers.

Transport

nineteen of the thirty-two women who participated in individual interviews in the study indicated concerns

about transport. These related to the expense of public transport or maintaining a private vehicle, the

poor distribution of public transport services (where they exist) and the amount of time it takes to travel by

public transport. For some women in the study, transport concerns impacted on their work. This issue is

discussed in greater length in chapter 9 in this report.

25 As a comparison, the federal minimum wage is $15.00 per hour or $569.90 per 38 hour week, before tax (Fair Work Australia web site. Viewed 9 July 2010, <http://www.fairwork.gov.au/Fact-sheets-tools/pages/FWO-fact-sheet-Minimum-wages.aspx#what%20is%20the%20current%20national%20minimum%20wage>).

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Strategies

participants identified five strategies they used to gain or maintain paid employment:

� disclosure to employers

� use of flexible working conditions

� volunteering

� participation in education and training

� use of recruitment services

� employment advocacy.

Disclosing to employers

In order to minimise the effect of their partner’s abusive behaviour on their work, a few women had

disclosed their experience of violence and their current circumstances to their employer. Often, they felt

this was necessary because they needed to apply for leave to address matters relating to the violence.

In most of these cases, management was supportive but women also admitted that they did not reveal

the full extent or seriousness of the abusive situation.

Other women stated that they did not want their workplace to know about the violence, as it offered

them a haven from having to think about the abuse and drama going on in their lives outside work. The

following comments reflect the preference of some women to keep their private and work life separate:

Nope. I didn’t talk to anyone about what I’m going through. I kept everything about my private life totally separate… I just tried to keep up… I regard work as being escape from this life. [Service 7 Client 1]

I don’t want to tell everybody. They don’t need to know. I guess at the end of the day my manager could step in and say, ‘She’s going through a tough time’. But I don’t need to, I just try to do the brave face stuff and get out there. [Service 5 Client 3]

Keeping the abuse secret could also have its limitations. It meant that women were unable to seek

assistance from their employers or colleagues when things became very stressful or dangerous for them.

Use of flexible working conditions

Many participants emphasised a need for flexible work arrangements in order to meet childcare demands

and/or legal or other matters resulting from the abuse. One woman had made use of the flexitime

arrangements in her workplace to manage her numerous court appearances. Other women found

casual work to be more suitable for them because of the flexibility it offers but were concerned about

its insecurity and lack of access to benefits, such as superannuation and holiday and sick leave. Some

women were fortunate to have understanding managers who supported flexible time management.

Volunteering

There were some participants who felt they were not yet ready for the commitment of regular work, as

they were still dealing with the trauma of the abuse. A few of these women found that volunteering offered

them an avenue towards that goal and contributed to self-esteem:

I would like to work possibly part-time in the future. I just know I have good days and bad days. I’ve been doing some volunteer work and I did some training around that last year… I went to Volunteers Australia and they sent me to Red Cross. I really enjoy that. It’s been really good for me as well. It gives you better self-esteem, which I lack... [Service 4 Client 3]

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Women described volunteering as providing routine, responsibility and some skill development. It allows

work contacts to be established and helps build confidence. For some women, it was also important to

contribute to services and organisations that had assisted them. Importantly, such work could be flexible

and part-time and women could engage in it as much or as little as they felt able.

In this way, volunteering may assist victims to become ready for future paid work. However, it is not

a panacea for barriers to employment due to trauma. Workers at two services raised their concerns

that volunteer work (like casual or low paid jobs) may make it more difficult for women to be financially

independent.

Participation in education and training

Many participants identified a need to up-skill or re-skill themselves in order to be job ready. Education

and training were considered to be the most effective and valuable strategies to gain employment over

the long term:

You have to keep yourself going and saying ‘Education is obviously the way’, like these ladies [indicating other participants] have done. They studied and did training and that’s ultimately the best guide for the best employment, especially when you’re in a situation like this when you’re dependent on yourself. [Service 8 Client focus group]

Further, education and training were seen to be worthwhile in and of themselves, offering opportunities to

learn, get out of the house, take a positive step towards independence and feel of value. They provided

a sense of accomplishment and a direction towards a better future:

I can sometimes look back at what I’ve done and be proud of myself because I think if I’ve learnt something then I’m heading toward something. [Service 8 Client 1]

Despite the benefit gained through education and training, the cost can be prohibitive. This refers

not only to the cost of courses, text books or materials but also to associated costs of child care and

transport. Additionally, women worried about managing without an income while they were studying:

I think there needs to be more support for women through Centrelink in terms of getting into education. There’s a pensioner education supplement – you get $200 a year, which doesn’t cut it. Didn’t even cover the textbooks. [Service 5 Client 2]

Those who had taken up education or training had met costs in diverse ways. These included: making use of

TAFE reduced fees; Centrelink education allowances; Centrelink advance payments; or loans from family. A

few women were considering applying for scholarships. Some women opted only for free courses. Others

studied and worked part-time or took breaks from their studies in order to work. At least one woman had

accessed Centrelink’s Jobs Education and Training Child Care Fee Assistance (JETCCFA).

Finding time available to study, in between childcare commitments, was also raised as an issue:

Maybe the courses fit in with the school time but there’s still getting to and from courses, and pick-ups with kids and stuff like that. [Service 2 Client 2]

Use of recruitment services

In order to maximise their job opportunities, a few women in the study had sought the assistance of recruitment

services. Their experience of such services was mixed. Some found them very useful while others felt they

were of little value, identifying unsuitable jobs and providing inadequate support around applications.

One woman in the study had found a careers expo a useful resource in terms of hearing about a range of

career options, meeting prospective employers and gathering information.

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Employment advocacy

Some of the services in the study were able to provide a small amount of employment advocacy. This

included offering assistance to contact recruitment services and Centrelink; help with preparation of

documents and work visa applications; and providing transport vouchers.

Recommendations

Supportive workplace arrangements

Increased support for victims from current or prospective employers is necessary to assist in establishing

financial security and ongoing recovery from abuse.

A review of the literature has elicited examples of supportive workplace arrangements. They include:

having a domestic violence policy; providing education and training to employers and managers

regarding domestic violence and its consequences in the workplace; establishing human resources

provisions for employees experiencing domestic violence; and establishing partnerships and referral

practices with specialist domestic violence services (Murray & powell 2008; Swanberg & Logan 2005;

Swanberg, Macke & Logan 2007). Murray and powell (2008) have documented examples of Australian

businesses that have taken on some of these arrangements.

Case study: University of New South Wales test case

In an Australian first, a domestic violence clause was put to the University of new South Wales in

April 2010, modified from a model clause developed by UnISOn, the public sector union in the

United Kingdom (UK) (public Service Association of new South Wales 2010).

In summary, the clause states that the employer recognises that situations of violence or abuse in

an employee’s personal life may affect their attendance or performance at work, and is committed

to supporting them. Domestic violence is defined in the clause as encompassing physical, sexual,

financial, verbal or emotional abuse by an immediate family member.

On provision of proof of domestic violence (e.g. an agreed document provided by a police officer,

court, doctor, domestic violence service or lawyer) the university will agree that:

� the matter will be kept confidential

� no adverse or discriminatory action will be taken against the employee if their attendance or

performance at work suffers as a result of experiencing domestic violence

� the employee will be put in contact with a human resources officer who is trained around

these issues and who will identify appropriate measures of support

� the employee will have access to twenty days per year of paid special leave, in addition to

existing leave, for medical appointments, legal proceedings and other activities related to

domestic violence

� the university will approve any reasonable request to implement safety measures, such as

change of hours, changes to duties, relocation to suitable employment within the university,

and changes to the employee’s telephone number and/or email

� employees will be referred to the Employee Assistance program and/or other local resources.

Healing time

There is a need for greater recognition of the time required to heal from the trauma of domestic violence,

before victims may be ready to seek employment. Workers in agencies such as Centrelink might then

take account of individual women’s evolving capacity to seek and maintain employment. Those with

greater symptoms of psychological distress may require longer ‘lead up’ times to job-seeking.

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providing greater access to counselling and longer term counselling (e.g. through Centrelink social

workers) may also assist women’s recovery and readiness for employment.

Affordable child care

More affordable and safe child care was seen by participants as absolutely essential to (re)joining and

remaining in the workforce.

Improving access to child care would require the development of a wide range of alternative childcare

resources (McInnes 2003). This might include additional subsidies for existing childcare facilities or

the fostering of community childcare arrangements with other local women. One woman in the study

suggested that students who are learning to be teachers or childcare workers could help with community

childcare initiatives. The Outcomes Report from the 2007 Annual premier’s Summit in Victoria suggests

that culturally sensitive child care, offered on a not-for-profit basis, should be located within schools,

shopping centres, adult education centres and workplaces, where possible (Victorian Office of Women’s

policy 2008). The report also identifies community-based childcare facilities as sites for potential social

support for women.

While access to safe and affordable child care would enable many women to take up employment, the

right of single mothers to choose to stay at home and care for children should also be recognised and

supported in government policy.

Reassessment of impacts on entitlements

Women in the study suggested that, in order to avoid an overall financial loss for those combining work

and welfare, Centrelink could introduce a higher threshold for earnings before entitlements are reduced.

Specifically, this would aim to counteract increases in childcare and transport costs associated with

working.

The UK has a useful approach to this issue, providing tax credits for workers on a low income and lone

parents returning to work (HM revenue and Customs 2010). To be eligible, a lone parent must have

claimed certain social security entitlements for a year or more and then returned to work at least 16 hours

a week. A child tax credit is also available to parents who use registered childcare centres and pays up to

80% of the total cost of child care. Together, the tax credits provide considerably more financial support

than welfare alone, even for those parents earning only the minimum wage (Millar 2008). A similar tax

and childcare credit system or other financial incentive could be adopted in Australia to assist women to

(re)enter the workforce, being particularly helpful to low income women affected by domestic violence.

Improving job readiness

In order to promote women’s job readiness, there was general support amongst study participants

for greater provision of information about careers, access to training and education, and access to

recruitment services that were attuned to women’s needs. A few participants also suggested that

a women’s support group might be able to help women find work, provide child care and assist in

confidence building.

Costello et al. (2005) point to several examples of good practice in working with women affected by

violence on employment issues, as discussed by workers from a domestic violence service involved

in their study. practices used included: referring women to appropriate job readiness programs and

encouraging them to undertake training for higher skilled jobs; screening employers; placing women in

less threatening jobs; engaging supports for women’s immediate needs (such as accommodation and

welfare), whilst also encouraging them to maintain contact with job network providers; and referring

violent partners to appropriate perpetrator programs.

Tellingly, Costello et al. (2005) concluded that a holistic, universal and systemic approach to addressing

employment issues faced by domestic violence survivors is more appropriate than the current local

agency approach reported by some participants in their study.

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Employment advocacy

research canvassed for this study has highlighted the need for improved employment advocacy by

specialist domestic violence, employment and general welfare services for women affected by domestic

violence (Cole 2001; Costello, Chung & Carson 2005; Franzway & Chung 2005; Levin 2001; VonDeLinde

2002). Several local and international studies have found that workers tend to concentrate on a crisis

model of care, rather than on addressing women’s long-term needs and goals – like employment

(Australia’s CEO Challenge 2009; Cole 2001; Costello, Chung & Carson 2005; Lein et al. 2001;

VonDeLinde 2002).

A greater understanding of domestic violence and its impacts for victims might assist employment

services to target programs to the particular needs of these women. The Kraft Domestic Violence

Services project in the US, evaluated by McKean (2004), provides a good example of collaboration

between domestic violence and employment services. It involved training of employment services

around domestic violence issues, the provision of a domestic violence counsellor on site, screening for

domestic violence by employment services and referral of clients to services, support groups for male

and female clients, and follow up of clients who have secured work.

Improved transport options

Improved public transport and more subsidies for those on a low income were strategies suggested by a

number of women and workers in the study, to facilitate their access to employment. See chapter 9 for a

more detailed discussion of these recommendations.

Key recommendations

� Employers to establish supportive workplace arrangements for employees affected by

domestic violence; e.g.:

à provide paid leave for employees to attend to domestic violence matters; institute safety

provisions; training for managers

� Governments to expand the capacity for women affected by domestic violence to (re)-enter

the workforce; e.g.:

à increase support to access education and training

à provide more childcare options and financial support to make this affordable

à provide greater financial incentives to take up employment for those receiving entitlements

through raised thresholds for payment cut offs or introduction of tax and child care credits.

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ChAptER 12: Social security

Case study

Tam left a domestic violence situation over three years ago. Her children witnessed much of the

abuse and her son suffers from anxiety and obsessive compulsive disorder.

After leaving her husband, Tam’s Centrelink benefits were her only source of income and she

struggled to meet her family’s living expenses:

After paying rent, which is 50% – over 50% – of my payments and paying my bills, there is basically no money left for food.

Although her youngest was only six years old and she was studying full-time to become a social

worker, Tam was under pressure from Centrelink to look for work.

There have been numerous administrative errors from Centrelink that have caused Tam difficulties,

including an alleged overpayment that she successfully challenged, after ‘a lot of fighting’.

Dealings with the agency have been further complicated by the abusive behaviour of Tam’s ex-

husband. One of his tactics was to ‘dob’ her in to Centrelink, claiming that he is still living with her,

and thereby prompting a formal investigation. Tam informed a social worker at Centrelink about her

history of domestic violence and they offered to make a note of the situation on her file. However,

she was told that Centrelink could not do anything to prevent future investigations:

Now, because I’ve been investigated once, if I get reported again by someone – namely my ex who seems to like dobbing me in – they will do the whole process again because you’ve already been reported once.

Domestic violence victimisation and social security uptake

The literature review undertaken for this study shows that the experience of domestic violence is strongly

correlated with a reliance on social security. rates of welfare receipt are significantly higher for women

affected by domestic violence than for other women (Access Economics 2004; Lloyd & Taluc 1999; Lyon

2002) and they are also more likely to cycle on and off welfare. Other research predictably shows that

women’s use of welfare entitlements rises steeply following separation from a violent partner (see the review of

US research by Costello, Chung & Carson 2005; Sharp 2008). Social security entitlements, therefore, are often

necessary for the financial survival of women during and, importantly, following abusive relationships, although

for some they may only be a temporary measure (Evans 2007; McInnes 2004).

Of the thirty-two women who participated in individual interviews for this study, twenty-two indicated they

were receiving some form of income support, such as newstart Allowance, parenting payment, Family

Tax Benefit, Carer Allowance or Disability Support pension; and/or had obtained a Health Care Card.26

Most of the women who were accessing income support had very recently left their partner, had young

children, had a disability or were affected by mental health issues that prevented them from working.

While many of these women were not in a position to seek paid employment at the time of the interview, a

few were combining government payments with some paid work or other income source.

26 newstart offers income support to people while they are looking for work. Applicants may be unemployed or working part-time. The parenting payment offers financial assistance to the principal carer of a child or children, whether they are single or living with a partner. The Family Tax Benefit offers financial assistance to couples or individuals with children. part A provides assistance for dependent children under 21 years or full-time students aged between 21 and 24 years. part B provides assistance to sole parent families and to families with one main income, where one parent stays home or works only part-time in order to care for children. The Carer Allowance offers a supplementary payment to parents or carers who provide daily care for a person aged sixteen years or over with a disability, medical condition or who is frail aged. The Disability Support pension is available to adults unable to work for 15 hours or more per week or be reskilled for such work for at least the next two years because of their illness, injury or disability. Healthcare Cards are available to those under the age pension age and who already receive other Centrelink allowances.

[back to table of contents]

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In addition to ongoing income support, women had benefited from a wide range of other Centrelink

services. Despite this critical support, both women and workers expressed significant dissatisfaction in

dealing with the agency.

Barriers

Administrative issues

Lack of information and conflicting information

One of the common administrative barriers women in the study encountered in attempting to access

Centrelink services concerned the lack of information about their entitlements, eligibility criteria and

application processes.

For example, women reported that information about their eligibility for different types of payments,

particularly the Domestic Violence Crisis payment,27 was often not provided. A number of women in

contact with the agency had not been told of the payment. nor had they been informed by Centrelink

officers of services such as the advance payments or counselling provided by Centrelink social workers:

They have a social worker but no one referred her to me. Until after three months I heard something: Centrelink has a social worker. This is lack of services ... [The] first person I talked [to] there should know what I need because on that moment I couldn’t talk even, I just cried. [Service 8 Client focus group]

participants complained of receiving conflicting information from different Centrelink officers, in

particular between telephone and counter staff. This confusion about eligibility sometimes resulted in

non-payment or delays in processing payments because women did not have the necessary papers

to hand, when first applying.

For two women in the study, receiving misinformation had distressing consequences. In separate

interviews they related experiences of being afraid to leave the safety of their secure accommodation

to go to local Centrelink offices, for fear of encountering their ex-partner, his friends or family members.

Both of these women had approached Centrelink about meeting their reporting obligations without having

to go into the agency offices, such as by contacting the agency by phone, internet or fax. One woman

had requested to be transferred to another branch. In both cases, Centrelink officers had been resistant

to these requests. One of the women experienced severe panic attacks (including soiling herself) when

she had to leave her accommodation and attend Centrelink appointments. It was only after a year of this

anxiety and humiliation that a different Centrelink officer informed her that, in fact, she could have faxed

her information all along. She summed up her anger and distress over the matter by saying:

I thought it was the cruellest, most cold and just not human way to deal with a person.... They don’t get it. They didn’t care… I didn’t have to go through that. [Service 3 Client 4]

Some women commented that when they eventually did find out about their entitlements, they had to fight

to access back payments.

27 The Domestic Violence Crisis payment is generally accessible to people already receiving Centrelink income support, if they are forced to leave their home or the violent partner is removed, as the result of domestic violence. To apply, applicants need to contact Centrelink within seven days of the crisis (a small window, particularly if women are unaware of this support), lodge an application within fourteen days of contacting the agency, have the domestic violence verified by a third party and prove ‘severe financial hardship’. The amount is equal to one week of the recipient’s standard benefit, minus any supplements, such as rent assistance, and is available for up to four times per year. See: Centrelink n.d., ‘Crisis payment for people in extreme circumstances factsheet’. Viewed 04 February 2009, <http://www.centrelink.gov.au/internet/internet.nsf/filestores/ch013_0612/$file/ch013_0612en.pdf>.

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No assistance to fill in forms

A number of women and workers referred to the complexity of Centrelink forms. A few spoke of

struggling to complete forms, particularly where their situations were complex and did not neatly fit into

the categories listed, or where they had low literacy or low literacy in English. Some also spoke about

their emotional state impacting on their ability to recall dates and other information required:

Your memory is gone... Centrelink always talk about your date, time. I can’t concentrate, I didn’t know. Centrelink, are you true or not? My daughter was six months old, I’m in post-natal depression and that kills your memory. I’m there all the time, they’re checking the dates, and am I telling a lie or not? [Service 8 Client focus group]

Women described finding Centrelink officers unhelpful around filling in forms and being told to go away

and fill them in at home. This caused some women delays in receiving entitlements when they then had

to refer back to the agency to seek clarification or advice.

Waiting time for payments and payment cut off

The effect of a lack of information or conflicting information can be magnified for women by lengthy

waiting times for payments, gaps in payments or erroneous cessation of payments.

Often Centrelink entitlements were cut off, without compensation, due to administrative errors:

I am on Disability Pension. It took me over twelve months till they finally gave it to me. I don’t know how many job capacity assessments or letters from two doctors I provided over a twelve to eighteen month period. [Service 7 Client focus group]

I’ve had my payment stopped for no reason. I’ve had to go in time and time again and explain, ‘I haven’t changed my bank account’ or [they say] ‘What’s your problem? Why aren’t you working?’ It’s up on the screen there but each time you go in it’s a different person. [Service 3 Client focus group]

participants also lost income when their status changed from one type of payment to another, again

without compensation, due to processing time or because payment days had changed. Some had their

payments cut off immediately after they had informed Centrelink about changes in their conditions, even

when other income streams had not yet started or the changes had not yet taken place:

They took my whole pay off me, Centrelink did. I said, ‘Hang on. I haven’t declared an income this week. I have not been to work’. They said, ‘But you notified us of your job’. I said, ‘Yes because I thought I was doing the right thing so I wouldn’t get in trouble but I haven’t started my work yet because I’m waiting for my police check to come in. It’s all been approved but they’ve got to get a letter to work’. Because of that, they docked my pay; my whole pension for the whole week, gone. They gave me a dollar in my account. [Service 7 Client focus group]

These failures of service may mean women are unable to pay for rent, bills or food. resolving the issues

often requires more paperwork, multiple calls or visits to Centrelink officers and considerable worry about

continued income.

Requirement to retell domestic violence experience

One of the more inexplicable processes that women encountered in dealing with Centrelink is that they

were frequently required to retell their domestic violence experience when they went into the agency

because ‘every time you go in, you see someone different’. Several clients and workers emphasised the

degrading and distressing effect of such demands:

Every time I go in there I end up crying, especially if they’re in any way abrupt. You don’t want to go around telling your story all the time. It’s not a story that you really... I didn’t live it for thirty-two years to go and tell people. [Service 3 Client focus group]

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You don’t want to share your story; you don’t accept that you are homeless, you don’t accept your relationship is broken, you don’t accept you live on the street. How can you tell someone else in this situation? [Service 8 Client focus group]

Women could not understand the reason for having to retell their story, ‘Again and again and again’, when

their information was already on file, accessible to the officer they were meeting with. They were further

distressed by having to speak of shameful, painful and intimate issues, in an open area with other staff

and clients present.

Poor staff manner

A number of participants described being treated rudely by Centrelink officers; of being belittled and

treated like they had done something wrong or were ‘a no hoper’. Some felt they were not listened to.

Others reported not being believed and being threatened with losing their entitlements for inventing

stories about the abuse:

When you are in an abusive relationship and after you apply for Centrelink, you explain your situation and Centrelink straight away don’t believe in you. This is the hard, difficult part for a woman who is in the abusive relationship. [Service 8 Client focus group]

Feelings of confusion, anxiety and depression were common experiences for women following negative

encounters with Centrelink officers:

My son has to open up my Centrelink letters because I can’t do it. I’ll end up being sick or I’ll have to take a Valium half an hour before I open up a blooming letter. [Service 3 Client focus group]

Policy issues

Inadequacy of social security entitlements

In some cases, Centrelink benefits were considered to be insufficient to meet basic living expenses for

women and their children, particularly post separation when women may have to re-establish a home, as

well as deal with ongoing legal, medical and other costs associated with the violence:

There needs to be a situation where we can get these unemployment benefits and whatever, and there’s a bit of an allowance there, even $30, to account for all these extra things we have to go to because of domestic violence, for the extra trips into town, even just a little bit. It sounds ridiculous but even $30 makes a very big difference. It means whether you go to an appointment or not. So many times I’ve had appointments in town and I haven’t gone because I’ve got no petrol. [Service 3 Client 1]

In particular, most of the women receiving a disability pension (but not all) considered it to be a meagre

income, requiring them to keep a tight rein on their budgets. As a result, women sometimes went without

food or other essentials. Some were unable to heat their homes or maintain their vehicle.

Moreover, it was pointed out by several participants that while living expenses had risen over time,

Centrelink benefits had not increased correspondingly:

Rent assistance has not changed in the ten years I’ve received benefits. I was originally paying $140 a week rent and I was on the maximum amount of rent assistance. I’m now paying $250 [rent per week] and I’m still receiving the same amount of assistance… I don’t know of anywhere where you only pay $140 a week. [Service 5 Client 2]

There has been limited Australian research into the adequacy of social security payments for women

affected by domestic violence. Some evidence suggests that women and single-parent families who rely

on welfare payments as their sole source of income often survive below the poverty line (Branigan 2007;

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Evans 2007; McInnes 2003). Women interviewed by McInnes (2003) defined life below the poverty line

as being denied choice in relation to housing and an inability to pay for basic necessities, such as food,

transport and utilities.

Lack of access to entitlements for new migrants

Women who migrate to Australia on a spouse visa and who then separate due to domestic violence are

ineligible for Centrelink entitlements for two years, even though their visa may not permit them to work.

These women must provide for themselves or rely on their sponsors. Those with no income may be able

to access the Special Benefit28 which is a payment available to people who experience financial hardship

due to circumstances beyond their control, including domestic violence by a sponsoring spouse.

For many women on a spouse visa, a person will be nominated as providing assurance of financial

support; this may be their ex-partner or a family relative. In this instance, Centrelink will pay the claimant

the Special Benefit but recoup the money from the assuror. This arrangement may concern a woman

accessing the Special Benefit if she perceives that it could either escalate the domestic violence or could

put her own family at risk or in a financially compromised position. Workers at one service assisting

migrant women affected by domestic violence made the following points:

We see many women where it might be her aunt or her uncle who is the financial assuror of support. She’ll elect not to apply for a Special Benefit because of the impact it will have on them.

Or she may elect not to apply because of the implications for the partner who has sponsored her. Fears around ‘He’ll come after me’.

Sometimes she still loves him and doesn’t want to put him through some of that financial burden.

Or they go, ‘I don’t want anything from him, I just want to move on with my life’. [Service 1 Staff focus group]

There is a further difficulty with the Special Benefit. It is a discretionary payment, determined by the

FaHCSIA Secretary, meaning that not all applicants are deemed eligible for this entitlement. At the time

of interview, at least two women in the study had not qualified for the Special Benefit and several other

participants had previously been in this situation. These women essentially had no income and were

prevented from working because of their visa status. This precarious financial situation places women at

significant risk of further violence, as one worker illustrated:

We’ve had one woman ... that had no visa status and no money, and she went back to her partner who was abusive because there were no finances available. [Service 4 Staff focus group]

Welfare to work

In 2006, the Australian Government introduced welfare reforms requiring parents receiving income

support to register with an employment service provider and look for fifteen paid hours of work per week,

when their youngest child turns seven.29 Five women and workers at four services raised concerns about

the impact of these requirements for women who are not yet ready to return to work.

Women were worried about their ability to comply with welfare to work requirements, given their childcare

responsibilities and a lack of affordable childcare options. Some women were not emotionally ready to

return to work and still suffered from debilitating health issues related to the trauma of the abuse. Others

were engaged in ongoing legal, court, medical and other time commitments that would make finding

regular work difficult, where employment opportunities were available. These issues are discussed in

greater detail in chapter 11.

28 Centrelink web site. Viewed 2 May 2010 <http://www.centrelink.gov.au/internet/internet.nsf/payments/special_benefit.htm>29 Centrelink web site. Viewed 1 February 2010 <http://www.centrelink.gov.au/internet/internet.nsf/vLanguageFilestoreByCodes/mclw029_0603_

en/$File/mclw029_0603en.pdf>

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Centrelink policy allows for a temporary exemption from the welfare to work requirement, available to

victims of domestic violence. However, the possibility of the exemption was not raised by any of the

women in the study, suggesting that few, if any, were aware of it. Indeed, in one focus group with service

workers, participants argued that it is extremely difficult to find out about the exemption and secure it,

typically requiring vigorous advocacy by workers. Branigan (2004) identified similar concerns in her

Melbourne study of financial abuse.

Welfare fraud

participants discussed being falsely reported to Centrelink for fraud by their ex-partners, as a means

of continuing the abuse. While women may be eventually found innocent, it can involve a period of

significant anxiety and uncertainty about their continued access to entitlements. In the case of Tam,

whose story was introduced earlier in this chapter, fraud allegations may also remain permanently on a

woman’s Centrelink file.

Some women in the study were forced to claim Centrelink entitlements during their relationship because

their partners would not allow them access to money for essentials like food or nappies. Following

separation, ex-partners then reported women to Centrelink, leaving them open to legal proceedings,

resulting in long term debts or the seizure of assets and custodial and non-custodial sentences

in an attempt to repay the debts. One woman was still paying off a Centrelink debt of $48 000 in

overpayments. A similar case has also been discussed by Australian practitioners Green and pearce

(2002) in their paper on the impact of financial abuse on women, based on the experiences of their

clients in a domestic violence service.

Mosher, Evans and Little (2004) have identified both these practices by abusive ex-partners in their

Canadian research into the relationship between welfare and domestic violence. Green and pearce

(2002) and Branigan (2004) have argued that a lack of systemic structures that allow for the detection

of financial abuse and recognition of it as a defence to social security fraud can lead to further

disempowerment of women by welfare agencies, however inadvertent.

Compulsory income management

The final policy issue raised in this section did not arise in the interviews and focus groups but has a bearing

on the research. On 21 June 2010, the Federal Government passed the Social Security and Other Legislation

Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010. The purpose of

the Act is to extend compulsory income management,30 initially applied specifically to Indigenous welfare

recipients in the northern Territory, to a broader range of Centrelink clients, notably including victims of

domestic violence. The effect of the legislation is to replace 50% of recipients’ payments with cards that can

only be spent on food and clothing, and only at major retailers, such as Coles.

One reason given for compulsory income management is to ensure that payments are spent on basic

needs like food, rather than on undesirable expenses such as alcohol, drugs or gambling. However,

this study found limited evidence from the literature that women who are affected by domestic violence

generally have less capacity than other people to manage their own finances. Indeed, women in the

study appeared to be managing their finances well, although were greatly hampered by their low income

exacerbated by, for example, ex-partners’ failure to meet childcare obligations and also by large costs

often associated with the violence, such as relocation, medical and legal expenses.

30 This initiative was brought about as part of the previous government’s ‘Emergency response’ to address abuse and safety concerns for Indigenous children in the northern Territory.

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There were a few women in the study who lacked money management skills or who, due to financial

abuse, were not permitted to access or manage their own finances during the relationship. These women

had either benefited greatly from voluntary financial counselling and literacy information, where it was

available, or expressed a keen desire to access such support.

Another reason given for compulsory income management is to prevent ‘humbugging’ or pressure on welfare

recipients to share or hand over their entitlements to partners, ex-partners or other associates, as documented

in some Indigenous communities (Bryant & Willis 2008; Dillon & Westbury 2009; Wild & Anderson 2007). In

Indigenous communities, the practice could be seen as an extension of cultural demands to share resources

among family members, one’s clan and other community members. However, humbugging can and does

take on quite sinister and dangerous dimensions, particularly for women at risk of violence. While it didn’t

investigate this issue specifically, this study found no evidence that there is widespread pressure on non-

Indigenous women by ex-partners for Centrelink entitlements that would warrant a compulsory system.

One consequence of quarantining of welfare payments in this manner is that women affected by domestic

violence will have less choice over how, where and when they spend their money. Furthermore, the

significant investment required to administer such a scheme – estimated by the Australian Council of

Social Services to be in the order of $4100 per person per annum (Australian Council of Social Services

2010) – might alternatively be spent on provision of services to build women’s financial capacity and

opportunities, through services like: financial counselling; case management; counselling; education and

workplace training; and advocacy.

Strategies

To manoeuvre around and through some of the barriers discussed in this chapter, study participants

employed three main strategies to improve women’s access to Centrelink services:

� seeking out more helpful Centrelink staff, in particular the social workers

� cultivation of ongoing positive working relationships with Centrelink

� social security advocacy.

Seeking out more helpful Centrelink officers

When contacting the agency, both women and workers identified and sought out officers who were known

to be sympathetic and knowledgeable, although this could prove difficult at times:

There was one lady I got that was just lovely and to try and get to her is almost impossible. I’ve been left there crying my eyes out and they just leave me there, no help. [Service 3 Client focus group]

However, perseverance was seen to be worthwhile. These officers not only responded more

appropriately but were also able to facilitate faster processing of applications, as women did not have to

make repeat calls or visits, or have to resubmit paperwork.

A number of women spoke of the value of the counselling services provided by the social workers to help

in their recovery from the violence, although the number of sessions is limited. It is worth noting, however,

that not all women who had accessed Centrelink were aware of this service.

Cultivation of ongoing positive working relationships with Centrelink

Workers at several services went to some effort to build positive relationships with local Centrelink

staff. This involved establishing contacts, attending joint meetings, and delivering domestic violence

information and, in a few cases, training to those staff. The purpose of these efforts was to facilitate

information exchange between their service and the agency, and to familiarise Centrelink officers with

domestic violence issues, so that they could better assist clients through the system.

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Social security advocacy

Above all, women in the study found advocacy to be one of the most helpful strategies in dealing with

Centrelink. Seven women in the study specifically referred to the value of advocacy in guiding them

through the social security system. They identified a number of different advocates who had assisted

them in negotiating the social security system, including social, health and legal workers, workers from

domestic violence services and other women’s or multicultural services.

Advocacy included giving information about Centrelink entitlements, explaining forms and policies to

clients and assisting them to fill in paperwork. Some advocates physically accompanied women to

Centrelink offices and advocated for particular entitlements on their behalf:

I think someone from the multicultural resource centre initially took me to Centrelink... She explained to the lady in Centrelink that I was in a domestic violence relationship… My payments started as soon as we finished the conversation… If I didn’t know this lady and had gone to Centrelink by myself, I don’t know if the result would have been the same. [Service 4 Client 5]

Recommendations

Administrative change

Information provision

Both women and workers in the study considered that greater consistency in the provision of information

to clients who disclose domestic violence would substantially lessen the confusion and anxiety women

often experience when applying for entitlements and the delays associated with processing payments.

Suggestions for improving consistency included the provision of a ‘package of information’ specifically

prepared for clients affected by domestic violence. proponents of this suggestion considered the

package would be of assistance to both women and their support workers, containing all the information

they require about services and entitlements provided by Centrelink, relevant to clients affected by

domestic violence. It would also be of value to Centrelink officers, who would not then be required to

be knowledgeable about every entitlement and process, in amongst the wide range of services and

payments the agency provides.

It was also recommended that Centrelink provide assistance to clients to fill in forms – particularly for

complex cases or for women with literacy difficulties or for whom English is not their first language. Other

suggestions were for information to be provided in women’s own language.

Case workers and specified officers

A number of participants independently suggested that a Centrelink caseworker be appointed when a

woman first discloses domestic violence, to eliminate the need for her to retell her story each time she

goes into the agency. Women and workers considered this would be more efficient and supportive of

vulnerable clients.

An alternative suggestion was for a number of Centrelink officers in each location to be trained around

domestic violence issues and entitlements. These workers would not be specifically appointed to a

single case but would deal with any clients who disclose domestic violence.

Training for Centrelink officers

participants strongly recommended the provision of training for Centrelink officers on domestic violence

issues and the relevant entitlements and support available to victims and survivors. Training was

nominated by workers as the premier strategy from a list for improving women’s access to entitlements.

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Screening for domestic violence

Some workers were also strongly in favour of Centrelink introducing screening for domestic violence, in

order to better identify clients affected and to refer them to appropriate services. On this issue, Canadian

research by Mosher, Evans and Little (2004) has highlighted women’s reluctance to disclose domestic

violence to welfare workers, resulting in women not being provided with information regarding waivers

from welfare eligibility requirements and child support assessments. As such, the researchers concluded

that early identification could help officers to better respond to these clients.

The literature on screening for domestic violence suggests that it is not a simple process to implement,

particularly in a non-specialist organisation. research suggests that good practice in screening includes:

conducting routine screening for all clients; using standard screening questions; asking questions about

non-physical as well as physical abuse; conducting screening in a private space, without partners

present; and providing ongoing training for and supervision of workers carrying out the screening (e.g.,

Chen et al. 2007; Holtrop et al. 2004; Keys Young 1996; Lindhorst, Meyers & Casey 2008; nSW Health

Department 2001; pence 1999; Spangaro, Zwi & poulos 2009; Strauchler et al. 2004; Tower 2006).

Policy change

Increased amount of social security entitlements

participants indicated that survivors of domestic violence are likely to encounter more expenses than

other women, both directly and indirectly due to the abuse. Workers nominated an increase in the social

security payments provided to women affected by domestic violence as one of three key strategies

that would better assist their clients (see also Costello, Chung & Carson 2005). This strategy was also

supported by many women in the study.

recognising the higher level of need women often have when they first separate, one woman suggested

that Centrelink clients gain access to specialised income support and vouchers when they first disclose

domestic violence, rather than having to wait several weeks until payments are processed. Another

suggested that payments be individually assessed according to each woman’s circumstances.

In Australia, there are no specific, ongoing income support payments for survivors of domestic violence.

Indeed, robinson (2008) has argued that the Domestic Violence Crisis payment is so inadequate, being

insufficient to pay for a week’s accommodation in most refuges, that some women choose to return to a

violent relationship rather than risk homelessness.31 Examples of programs providing ongoing financial

support specifically for survivors of domestic violence can be found in Ghana32 and Spain33.

Widened eligibility for Special Benefit and faster visa processing

Workers and some women in the study called for fast-tracking of visas for migrant women experiencing

domestic violence, in order to assist them to access Centrelink payments sooner. They additionally

nominated expanded eligibility for the Special Benefit.

Earlier research from the nSW Immigrant Women’s Speakout Association (pham 2000) has highlighted

the barriers for women from migrant backgrounds to accessing social security entitlements. Despite

some regulatory and legislative changes, many of the report’s recommendations remain valid today

including provision of government funding for specialist services and mainstream refuges that support

CALD women who are ineligible for income support; and fast-tracked processing of domestic violence

survivor visa applications.

31 Homelessness is referred to here as encompassing living on the streets, in a refuge or other emergency accommodation, or “couch hopping” with friends or family.

32 Ghanaian Domestic Violence Act (2007).33 Spanish Organic Act 1/2004 of 28 December on Integrated Protection Measures Against Gender Violence, article 27.

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Widened eligibility for those who are separated but living under the same roof

A few participants suggested that women in abusive relationships should be able to access income

support in circumstances where their partner refuses to provide for them and their children. Centrelink

policies do include provision for recipients to claim individual entitlements, if they can prove that they are

separated from their partner but living under the same roof; however, this does not apply to cases where

the two are still in a relationship but she receives no financial support.

At least one woman in the study had successfully claimed entitlements under this provision. However,

another woman with disability who had made a claim was deemed ineligible. Centrelink found that the

woman’s dependency on her partner for physical and financial assistance meant they were still in a

relationship. She expressed feeling completely trapped in the relationship, wanting to leave but unable to

support herself financially or manage on her own, given her disability.

Recognition of financial abuse as a defence to fraud

In response to situations where women are forced to commit social security fraud by abusive partners,

Australian practitioners Green and pearce (2002) have suggested that Centrelink recognise financial

abuse as a legitimate defence. researchers from the US and Canada have further recommended that

welfare agencies direct their efforts more towards identifying and assisting victims of financial abuse,

such as providing women with adequate legal representation where an allegation of fraud has been made

against them and continuing to pay social security entitlements until a conviction is made or disproved

(Brandwein & Filiano 2000; Mosher, Evans & Little 2004).

Provision of financial counselling

Some participants felt that financial counselling on request would be valuable in the early period following

separation and when starting to take up income support. Centrelink may be well placed to provide financial

counselling directly to women or to refer them to community-based financial counselling services.

Key recommendations

� Centrelink to institute a domestic violence policy to better assist clients who are victims; e.g:

à assign a single domestic violence case worker to clients when they disclose

à develop an information package about entitlements and processes for clients when they first

disclose

à provide specialised income support and vouchers when women first separate; increase the

crisis payment and extend the period in which to apply to six months; widen migrant eligibility

for the Special Benefit

à provide voluntary financial literacy and counselling services

à provide officers with domestic violence awareness training

� Government to change its policy of compulsory income management for clients to a

voluntary scheme.

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ChAptER 13: Child support

Case study

June was in her early 40s and had been separated from her ex-partner for around a year. She

had experienced years of physical and emotional abuse before eventually being hospitalised, for

which her ex-partner was now facing charges of aggravated assault. He also used to belt their two

daughters and the pet dogs in front of June.

Originally, June did not claim child support because of her ex-partner’s threats:

He held a gun to my head and said, ‘Ring them now and tell them that I’m back here and we are back together’.

She did not know about the possibility of an exemption from pursuing child support, so that it would

not be counted as part of her income. However, when she contacted the Child Support Agency

(CSA) they agreed to freeze the expected payments for six months.

Since then, CSA had pushed for her ex-partner to pay maintenance and she now received around

$540 a month from him. June was happy that CSA was pursuing him:

He was ordered to and he can’t get away from it now. They’ve got his work number, they will ring his pay office. They’ve got his tax file number. Good, okay – I’m happy to let them deal with it. They don’t harass me at all. I don’t get any information besides money in the bank every month.

Her ex-partner was not paying as much as he should – June used to help run his business and knew that

he had only disclosed part of his income to the tax office – and rarely paid on time. Due to the irregularity

of his payments, she did not rely on receiving child support for managing her day-to-day finances.

nonetheless, she felt it was important that her ex-partner contribute to their children’s wellbeing:

I don’t even care if I get it or not, I’ll get by, I’ll manage. But the children are entitled to that. And he has a responsibility to pay that; he won’t pay a cent more.

Children’s expenses and the national Child Support Scheme

An additional source of income for some women who have separated from their partner is child support, paid

by the non-resident parent to the resident parent, to assist with the costs of looking after and raising children.

Most of the forty-one women in the study with children under sixteen years were eligible to claim child support

because of their lower income and asset base, and because they were the primary care-giver.

In Australia, the vast majority of child support arrangements are made through the government’s national

Child Support Agency (CSA). The amount paid may be determined through a formula,34 through an

agreement between the parents or via a court order. CSA then collects monies directly from the payer

(49% of all payments), from an employer who withholds salary from the payer (40%) or via the payer’s tax

refund (7%) (Child Support Agency 2008). 35

participants in this study indicated that child support can be a positive contribution to children’s financial

security. Furthermore, the involvement of CSA may support safety, by reducing the need for victims to

have direct contact with their ex-partner. However, child support was often seen as inadequate and there

were concerns that claims may trigger retaliation and be a site of further abuse.

34 The formula considers both parents’ taxable income, the percentage of care time each has for the children and the costs of all children. See CSA web site. Viewed 8 December 2009, <http://www.csa.gov.au>

35 The latter two require the consent of the payer.

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Barriers

Low child support assessments

While a few women in the study had a private arrangement with their ex-partner and generally seemed

satisfied with this arrangement, however intermittent, those going through CSA were incensed with the

relatively small amount their ex-partners were required to pay:

He only pays $25 a month, it’s so little. That’s why I was thinking about closing the account. Box of nappies costs $45 and I go through one of them in a week or two. [Service 2 Client 3]

Additionally, one of the women in the study commented on the rising costs for children as they get older,

which is not reflected in increased child support assessments.

Indeed, a few participants had heard from others that the assessments of child support payments are

typically low, so they had not pursued it or had sought an exemption.

The inadequacy of child support assessment to cover the costs of raising children has been raised

by other Australian researchers (e.g. patrick, Cook & Taket 2007). Tellingly, in 2006-07, 41% of payers

contributed less than $7 per week in child support (Child Support Agency 2008).

Avoidance practices by ex-partners

Women with children in the study reported that their ex-partners frequently did not pay child support, paid

it irregularly or paid less than the required amount, contributing to their economic hardship:

In the mediation they made an agreement… that every week he would pay $100, which he is not doing. He’s only paying $50 whenever he wants. [Service 2 Client 6]

Since I got an intervention order out against my ex-husband, only a few months ago after five years – because the threats, the violence, the text messages, the abusive phone calls were still happening – he stopped maintenance. [Service 7 Client focus group 1]

Avoidance measures used by the ex-partners of women in the study were similar to those described in

the literature (Bell 2003; Branigan 2007; Evans 2007; Kurz & Hirsch 2003; McInnes 2003; patrick, Cook

& Taket 2007; VonDeLinde 2002). They included: men not declaring cash income to the tax department;

going overseas; quitting employment; salary-sacrificing; hiding income and assets in business

operations; or placing assets in the names of other relatives. In one case, a woman’s ex-partner had

chosen to study full-time. While her obligation to pay the children’s expenses continued, despite her low

income, his obligation was put on hold by CSA:

Now he is going to study for twelve months or so and because he is low income, CSA said he doesn’t have to pay for two or three months. It means he pays zero dollars for all of the children. How come he has these children, he doesn’t spend any time with them and he is paying zero? [Service 1 Client 1]

Some ex-partners had sought more (often equal) time with children through parenting orders, thereby

reducing their child support obligation. The minimum amount a non-resident has to pay does not apply to

parents providing at least 14% of a child’s care or fifty-two nights per year:

I … think that if I had of not given Child Support Agency his details – which I had to because if I didn’t, I wouldn’t have gotten my Parenting Payment from Centrelink – I don’t think he would be chasing me now and wanting time with my child. Because that’s been his number one motivation, that he doesn’t want to pay anything for the child from the beginning… [Service 2 Client 3]

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participants noted that ex-partners who use parenting orders to lower their child support obligation, often do

not comply with the order, with no subsequent reassessment of the child support amount or other penalty:

I’ve had repeat incidences when he wanted to pick [the children] up, have them for the night and then drop them off at my doorstep with no breakfast, filthy dirty, in their pyjamas and hysterical because they’re running late for school – because he’s got his night. [Service 5 Client focus group]

Staff at one of the services in the study said they had provided clients with supporting letters for

Centrelink regarding time mothers spent with children, when they see clients every day with the children.

Impact on Centrelink entitlements

Women’s lost income due to non-payment of child support may be compounded by a loss of welfare

payments. Low income parents may be entitled to welfare payments from the government but income

amounts are calculated according to the amount women are eligible to receive in child support. The

calculations do not take into account what women actually receive in child support. Therefore, a woman

may be doubly disadvantaged by her ex-partner not paying any or only part of his obligation, and then

receiving reduced welfare payments (Evans 2007; Kurz & Hirsch 2003; patrick, Cook & McKenzie 2008).

In particular, even if the payer does not pay their full child support obligation, the payee may miss out on

their full Family Tax Benefit (FTB) payment because Centrelink pays according to the assessment and

is concerned to avoid overpayment. The more child support received, the less income support is paid

through the FTB and vice versa. The coordinator of one of the services in the study reported:

As an advocate, I often have to really argue with [Centrelink] to get the [maximum FTB] actually maintained, and that’s something that’s been going on for years. And they always say, ‘But it will get sorted at the end of the financial year’. Well, that’s really not helpful when it comes to feeding the children. [Service 2 Staff focus group]

Lack of investigative action by CSA

CSA has some capacity to enforce child support obligations, principally through direct garnishing of child

support from the payer’s wages, social security receipts or tax return. However, by and large, Australian

research has highlighted a lack of enforcement of child support agreements (Branigan & Keebaugh

2005; Evans 2007; patrick, Cook & McKenzie 2008; patrick, Cook & Taket 2007). people who do not

receive their full entitlements are often required to investigate and challenge their ex-partner’s assessment

themselves, despite the danger that may involve. If women do file a change of assessment form, that

information is passed onto the payer by CSA, which may result in retaliation by abusive ex-partners.

Several women in the study described the process of investigating ex-partners’ financial situation and

lodging requests for reassessment with CSA as time consuming and dangerous. Their frustration with

CSA’s lack of investigative powers was palpable:

‘But we have no evidence [of him earning more than his declared income] so if you can provide some, we can adjust the amount’, she [CSA officer] says… Why can’t CSA hire a private detective or really check in on the assets of these men? [Service 7 Client focus group]

Women in the study described the process of constantly chasing and reporting non-payment of child

support as an obstacle on their path to recovery:

Sometimes I felt like going, ‘I don’t even want child support in my life’, do you know what I mean? Because if I had to go with the way they are, I’d have to document everything and that becomes part of your life and it doesn’t let you go forward. [Service 8 Client 1].

A number of women in the study were resigned to not counting on child support; attempting to survive on

their own income and considering any child support that arrived as a bonus.

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Ongoing abuse and retaliation

Seeking financial support from an abusive ex-partner runs the obvious risk of further threats or violence

or other negative behaviours. Several women in the study were concerned about retaliative action from

their abusive ex-partners when trying to pursue child support, such as threats, actual violence, damage

to property, protracted property settlement battles or initiation of shared parenting matters. A few women

had not even tried to seek child support for fear of retaliation:

No way, not worth it… Why would you want to go to someone that’s beaten you senseless and take money off them? That’s like putting a red rag in front of a bull. [Service 3 Client 1]

Other women had experienced retaliation by ex-partners when they tried to claim child support. They

complained of ex-partners viewing the money as something for women to enjoy themselves with, rather

than recognising that the money is for the children:

I’m actually thinking of ringing [them] and saying we’ve got a verbal agreement and losing money because I can’t handle him being on my back and abusing me. [Service 3 Client focus group]

In light of the risk violent men pose when approached for child support, there is provision for women to

file for an exemption from claiming child support, if she has experienced or fears abuse from an ex-

partner and is applying for the FTB (patrick, Cook & McKenzie 2008). If accepted, the exemption permits

claimants to continue to receive the FTB. To qualify for an exemption, social security recipients must meet

a set of eligibility criteria and exemptions are periodically reviewed.

However, claimants are not compensated for the loss of child support and no debt accrues while the

exemption is in place, meaning the payer is not liable for the full payment once the waiver expires. The

effect is that women receive less income overall than if the child support was paid.

A few participants had claimed the exemption for child support on domestic violence grounds, even though

this meant less money. For them, it had meant a relief from the fear of further abuse. However, they expressed

concern about the threshold of proof for claiming the exemption and the need to continually reapply for it. On

the other hand, some women in the study were not even aware it was an option.

Administration issues

Finally, Australian and international research has identified administrative barriers to accessing child

support imposed by agencies themselves. In Australia, patrick, Cook and Taket (2007) reported lengthy

waiting times for assessments to be finalised, a perceived lack of coordination and communication

between agencies, and unnecessarily lengthy and complex paperwork, requiring a range of documentary

evidence.

Women in the Clearinghouse study also discussed requirements to fill out confusing and seemingly

endless paperwork. More specifically, workers at one service identified that formal, legalistic letters sent

by CSA were intimidating for those who do not read English or have low literacy.

Some women expressed frustration at being given different information by workers at Centrelink and CSA,

and being underpaid because of a lack of communication between the agencies regarding exemptions.

Others received what they considered to be unreasonable demands by the agencies. In one woman’s

case, her partner abducted the children and then successfully claimed child support from her:

When I first left, he had the kids for access one weekend and took off with them. I didn’t see my children for six months. And so, Centrelink, straight away, stopped my payments and strangely, even more strangely, gave them to him. Why? He lied through his teeth and said that he wasn’t working and that he had no money… I couldn’t see my kids, I didn’t know where they were and I didn’t know where he was. But me, on my $148 a week, had to pay him maintenance as well. It was just so crazy. [Service 3 Client 1]

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Women reported feeling discriminated against when agencies responded differently to requests for

changes to assessments from payers and payees. The following example was offered by one client:

If the father wants to change the assessment, it happens instantly… If they suddenly leave their job, they only have to ring up and the whole system has changed but if I want to ring up and say he’s working now, it takes them months because they’ve got a month to send the [CSA] worker to the suspected employers, they may have so many days to respond and then get it sorted out with the payroll officers. It takes three or four months, they say. [Service 5 Client 2]

Where inconsistencies or gaps in payments do occur, CSA monitors these and attempts to resolve

them at the end of the financial year. However, this is little comfort to women living on low incomes, who

experience hardship during the year due to problems with the entitlement. In addition, if at the end of

the financial year, the payer claims to have had the children more time than was accounted for in the

assessment, the woman will have a debt to him that she must pay back within a certain time.

Women and workers in the study also voiced concerns about the circulation of personal information to ex-

partners, particularly while the abuse was continuing. One of the workers raised this as an ongoing problem:

Child Support Agency may be able to screen for domestic violence but they are unable to do anything about it. All the women’s documents go to the other party, with her address, with everything. We’ve argued against that for a long time. [Service 3 Staff focus group]

One woman said she would rather forgo the child support money in order to retain confidentiality over

her financial information as she was concerned that her ex-partner would use this information against

her. Other researchers have argued that CSA should review this practice of releasing personal financial

details of one party to another (Evans 2007; Turetsky & notar 1999).

Strategies

participants identified two major strategies to address child support barriers:

� making ex-partners more accountable for child support

� provision of information and advocacy.

Making ex-partners accountable for child support

Most women in the study were adamant that ex-partners should be made accountable for financially

supporting their children – and pursued several means to this end.

Some women investigated their ex-partner’s income, collected evidence and/or reported them repeatedly

to CSA, despite the danger to themselves:

So, in spite of the risk, I followed him with a camera and took photos. I was nearly run off the road and killed. I got a phone call from the local police saying I was stalking him – big joke. Now I have that photo to show that he is working. [Service 7 Client focus group]

A few women took their child support claims to court in order to have the correct amount and previous

unfulfilled obligations paid. At least two women had been successful in this regard, although they also

incurred legal costs. One of them reflected:

My ex-husband was told by the courts that if he didn’t present the tax statements, that he’d be put into jail. Okay he didn’t present what he should have but at least he presented $40 000 instead of $13 000… that he was trying to say to Child Support. And he was told that if it ever came back to court then it would be serious. He doesn’t want it to come back to court. [Service 8 Client 1]

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In the second case, despite the woman having provided extensive information about the ex-partner’s

actual income, failure to pay child support and failure to comply with contact orders, CSA had not

investigated her case and she was forced to pursue the matter in court. The trial took nine months. Due

to the complexity of the case, Legal Aid would not represent her, so the woman ran the case herself. In

all, she estimated the case cost her $20 000 in legal fees and other costs (including a $6000 childcare

bill). She was unable to secure the substantial ($90 000) back payment that was owed but did have

some success in having his child support obligation reassessed. Her conclusion was that overall:

I got the best result possible… I kind of had to look at the future and that’s only up until a certain limit with child support. [Service 8 Client 5]

Providing information and advocacy

In order for women to make informed choices about child support and comply with system requirements,

they need adequate information about how the system works, what it offers, how their personal

information will be used and the implications for child contact with the ex-partner (Turetsky & notar 1999).

Most of the services in the study were able to provide some advocacy in this area in terms of: providing

clients with information; assistance in filling in forms; reading letters; writing letters of support concerning

compliance with parenting orders; and directly advocating with CSA or Centrelink on behalf of clients.

A few women in the study reported being meticulous in their dealings with the child support system,

keeping records and notes of all contact with agencies and their ex-partner, as a strategy to negotiating

the system:

You’ve got to be real firm with them and you’ve got to make sure you keep records of everything, and anything at all that you’ve got that you discuss with them, keep a record of the receipt. Just be totally and utterly disbelieving of what they say and be really tough with them. [Service 5 Client focus group]

Recommendations

Higher assessments and increases over time

A more equitable contribution of child support from ex-partners is needed, that better reflects their

responsibility to the children, their income and children’s needs. A number of Australian researchers

have argued that the minimum child support payment is inadequate and have called for an increase in

the amount paid (Branigan 2004; McInnes 2003; patrick, Cook & McKenzie 2008; patrick, Cook & Taket

2007). Assessments should be adjusted to match the increasing costs for children as they enter their

teenage years and as they approach adulthood (percival et al. 2007).

Improved compliance

While CSA has improved compliance with child support obligations since the inception of the program,

there is still a long way to go. There was strong support from participants for greater efforts by CSA to

improve compliance, with workers nominating this strategy as most useful in enhancing access to child

support for their clients. This strategy is supported in the literature (Branigan 2004; Branigan 2007;

Turetsky & notar 1999) and complemented by calls for evidence of financial, emotional and other abuse

from ex-partners to be taken into account (Evans 2007).

Where child support obligations are determined on parenting orders, some study participants

recommended a court review every six to twelve months following the decision, to monitor compliance

with orders and to re-evaluate the child support obligation if appropriate. There were suggestions

that this be coupled with a penalty for not complying with parenting orders, such as the threat of fraud

charges, a fine or jail time as a consequence of non-payment.

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Guaranteed payments

One strategy to address the issues of non-payment or avoidance tactics by ex-partners is to adopt a non-

means tested fixed rate that is provided to recipients and make government responsible for recovering

this from payers. Sweden and norway both have this system, as outlined in the following case study.

Case Study: Guaranteed payments in Sweden and Norway

Unlike in Australia, the Swedish and norwegian child support systems involve guaranteed payments

(Corden & Meyer 2000; Kurz & Hirsch 2003). Child support is not based on income testing of either

parent but rather is a set amount. It is paid directly by the government to payees, ensuring payment

in full and on time. payers are pursued by the government, which is infinitely better resourced to do

so than individual, often vulnerable women.

As a result, payees do not experience the risks involved in investigating ex-partners or pursuing

non-payment themselves. Single parents can also apply for advance maintenance directly from the

government. The approach aims to provide financial surety for resident parents and provide some

measure of safety from retaliation, while keeping non-resident parents accountable.

However, some participants were adamant that any process of compelling their ex-partner to pay child

support would expose them to further abuse, or give rise to increased claims for access to children,

accentuating their risk of harm. Therefore, exemption from claiming child support should be continued as

an option in such circumstances – bearing in mind the caveats expressed in the following section.

Child support excluded from income support eligibility

The issue of the use of an exemption from child support is a vexed one. Its purpose is to provide safety

for women by avoiding retaliation by abusive ex-partners. However, it effectively increases women and

children’s economic hardship and financially rewards violent behaviour.

patrick, Cook and Taket (2007) recommended that, where recipients have claimed an exemption,

payments should accrue until the exemption is cancelled. They also suggested a permanent waiver of

child support and parental support compliance obligations where there is an ongoing risk of abuse.

Alternatively, Kurz and Hirsch (2003) have argued that eligibility for income support should exclude child

support, thereby dispensing with the need for an exemption altogether. This approach may be easier to

implement than the former suggestion and would provide women with greater financial certainty.

Training of CSA staff

Better training of frontline staff and bureaucrats is needed, in order to facilitate improved information

provision to clients and smoother processing of claims.

Earlier research suggests that such training could involve: establishing a workforce development program;

training staff in identifying and discussing domestic violence issues with clients; how to handle domestic

violence cases; exemption provisions; making referrals; and issues around confidentiality and safety (Keiser

& Soss 1998; patrick, Cook & McKenzie 2008; Turetsky & notar 1999; Wilkins 2002). It is also generally

recommended that training be repeated regularly and apply to supervisors and managers. Moreover,

managers should work with domestic violence advocates, to ensure that the training is appropriate.

In a US study, Griswold, pearson and Thoennes (2000) recommended, in addition to training of staff,

that child support agencies introduce screening, assessment and referral processes and hire domestic

violence specialist officers. Upon disclosure of domestic violence, specialists would be able to explain

exemptions, domestic violence waivers, provide emergency housing assistance and safety planning, as

well as make referrals for refuges, counselling and support groups.

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Key recommendations

� Child Support Agency (CSA) to institute a domestic violence policy to better assist clients

who are victims; e.g.:

à provide officers with domestic violence awareness training; provide an information package

about entitlements and processes, particularly including information about the exemption

� CSA to ensure adequate child support is paid, on time and in full; e.g.:

à adopt investigative powers to ensure accurate estimation of payers’ income

à introduce higher minimum amount for child support that reflects the reality of children’s

expenses

à introduce a system of guaranteed payments to payees and the CSA to pursue payments

from payers.

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ChAptER 14: Service capacity

Identification of financial security as a client concern

Across the range of different services included in this research, it was evident that financial issues were

a central feature of workers’ discussions with clients affected by domestic violence. In every service

participating in the study, workers indicated that clients raised financial issues with them on a regular

basis, observing: ‘There’s always a financial element to every case’; and ‘pretty much across the board,

every client experiences financial abuse too’.

What the research has shown is that financial deprivation and threats were standard features of domestic

violence experienced by women in the study and that a fundamental part of service work was supporting

clients to become financially stable and secure. The factors that limit service capacity to do this work and

the strategies they employ to overcome them are the focus of this chapter.

Barriers

Service funding

Unsurprisingly, funding was nominated by workers as the factor most directly affecting their service’s

capacity to support clients to gain financial security. They spoke of multiple problems with funding.

Their foremost concern was with insufficient funding to provide the level of service needed. Workers

stated that limited funding curtailed their capacity to provide targeted services for groups with specific

needs or who are facing multiple or complex issues. This was particularly true for women in smaller

regional or rural towns. For some clients, like older women, women with disabilities or women with

limited funds, travel to larger centres for services is rarely an option. Insufficient funding can impact on a

service’s capacity to do outreach, a critical need outside of metropolitan areas:

There are still townships ... where women are increasingly isolated and it’s increasingly difficult to access services or even to have telephone support. That’s a real issue for us financially. If we had a greater capacity to provide more extensive outreach, then there is a need for that. [Service 4 Staff focus group]

Funding also affects the length of time workers are able to support clients (both during periods of high

need for clients and over the long term), the quality of service provided (such as whether they are able

to provide case management or the same worker over a period of time) and the number of clients they

are able to support overall. Workers at five of the eight services in the study raised ‘a lack of time’ as an

impediment to assisting clients further around financial security issues:

You could spend a week just following up and not seeing anyone new... Every client you get, it’s: how long is a piece of string? You just don’t know what’s going to unfold. [Service 8 Staff focus group]

A number of other problems with funding were identified through the focus groups with workers. One was

around cutbacks in funding, leading to difficult choices for services such as providing reduced services

and prioritising ‘high need’ clients. Another issue was around the uncertainty of ongoing funding, which

can be destabilising for a service, leaving workers insecure about their continuing employment and

working conditions. A third issue was the provision of one off or short term funding for programs, which

are then not re-funded, despite proving successful. Workers pointed to problems this can lead to in

terms of raised community expectations, which are then dashed when programs are cancelled; the loss

of experienced workers; and increasing cynicism amongst clients as to the vagaries of service support.

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Gaps in service provision

Aside from funding limitations placed on their own service, workers made general reference to gaps in

the service system as a whole, that impact on the range of supports available. These gaps were more

apparent for women with complex needs and women needing specialised support, such as women with

disability, older women, Indigenous or CALD women, or women living in rural and remote areas.

For example, a lack of interpreting services created a barrier to the provision of services to women from

non-English speaking backgrounds:

Here we have quite limited resources in relation to interpreting services. Policies and procedures say they need to be available but they’re very rare, particularly in an independent way. You may be able to find someone who works for a different service who speaks a particular language or a friend or whatever but you can’t always be confident that it’s been interpreted accurately. [Service 6 Staff focus group]

The limited number of services available in rural and remote regions was also of concern. This is a

common difficulty for Indigenous women living in small rural or remote towns:

People are second guessing where they can go for support, so it limits the ability to do anything… Do they really want to leave their homelands or have they been forced out of their homelands because there’s no services provided; limited services possibly? [Service 5 Staff focus group]

Workers and clients also discussed the limits to service provision to Indigenous women in close knit

communities with extensive family and kinship relationships. While Indigenous services may be available

in those areas (although in many rural and remote areas, they are not), women may feel unable to access

them because of confidentiality and safety issues:

Indigenous [organisations] were not helpful at all. Maybe because of my surname – my husband’s name is very, very big in _____ [name of town]. [Service 4 Client 2]

And you go into a service and there’s a relative of the perpetrator in the relationship you’re trying to get away from. So you go to a mainstream service, they don’t understand you… You don’t have your supports in place and you don’t have other Aboriginal people who can actually understand what you’re going through or just be there to be with you. [Service 5 Staff focus group]

Gaps in service delivery place additional pressure on existing services to be available to provide more

support for a range of needs.

Worker attitudes

A common theme across the focus groups with workers in the study concerned the negative reactions

that clients and workers often receive from staff in external organisations. In some cases, women

experienced demeaning reactions from workers leaving them feeling ashamed, humiliated, angry or

depressed. As one worker explained:

One of the issues is that no matter what the policy is, no matter what the training, fundamentally we’ve got to address the values and assumptions that each person has… You can do all the work in the world but if the worker there thinks women are responsible for domestic violence because ‘Hey what did she do?’, you’re not going to change anything. [Service 2 Staff focus group]

External workers failed to recognise the seriousness of domestic violence for issues of safety, its physical

and mental impact, and its gendered nature. Some organisations and agencies treated domestic

violence as an aberration of social experience, when in fact across the community – and especially in

cases of separation – it is quite common. One worker commented on the blasé attitude of some workers

to the financial hardship experienced by women:

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Even when we’re sitting beside them, getting frustrated, thinking ‘Are you not listening?’, [the impact of domestic violence on women is] negated. It’s about ‘You have left, you now have the capacity to do this, you’ve got an income. Bugger it, it’s $400 a week! I can party hard on that’. There’s no recognition of the impact [of domestic violence] on this whole family and the continuing impact that it has on them for a very long time. [Service 2 Staff focus group]

related to this issue, workers at four services spoke about women needing to prove their experience of

domestic violence to multiple organisations before qualifying for assistance. For a woman in trauma to

have to continually retell her story to new people, often in addition to providing documentary evidence

(such as police reports, protection orders, medical certificates, and reports from counsellors or other

support staff), can be re-traumatising and a degrading experience. It undermines the work that domestic

violence services do around assisting women through counselling to heal the damage wrought by the

abuse. It can also be frustrating for workers, who felt that their expertise was not recognised:

I feel like, when we’re advocating, it’s like, ‘No, we need to speak to the woman’. Your assessment is questioned, and you’re thinking, ‘Hold on a moment, we’re experts in this area, we’ve been doing it for a long time, just as you’re experts – let’s trust each other.’ [Service 2 Staff focus group]

A more subtle issue was the expectation of external workers for women to conform to a particular victim

profile and to follow a specific and direct path to recovery. When clients did not meet these expectations,

they experienced impatience or discrimination. The effect of this in practice is that if, for example, women

return multiple times to violent partners, if they take longer than expected to recover from trauma, if they

are unable to pay their utility bills because of legal bills, or if they use financial relief offered to purchase

cigarettes, then they may experience negative responses:

Also there is a definite aspect of deserving and undeserving, and you need to be deserving to get the help or you might get a one-off. But if you’re deemed over time to be undeserving, then it will stop. [Service 2 Staff focus group]

Finally, one worker identified what she considered a pervasive perception that victims are generally

unable to manage money. As a result, they are required to account for all their spending in order to

continue to qualify for support and the reality of living on a low income, often with ongoing financial

concerns as a result of the violence, is not acknowledged:

There’s no questioning of do [women] receive sufficient income support? … We need an acknowledgement that, actually what they’re given, whether it’s Parenting Payment or Newstart, this is a very low income that they’re expecting women to survive on. No one challenges that. She’s meant to spend less; she’s meant to be a bit cleverer with her shopping; she’s meant to stop doing this, that and the other. [Service 2 Staff focus group]

Community awareness of domestic violence and support

Alongside a lack of knowledge amongst external workers about domestic violence, study participants

identified a lack of knowledge amongst women themselves about domestic violence and their rights. This

was a consistent theme across the interviews and focus groups. While this issue was most commonly

raised by clients, it was a concern shared by many services as it directly impacts on their capacity to

meet women’s needs.

Significantly, numerous women reported that they had not realised they were experiencing domestic

violence until they left the relationship. This situation was reported most often by women who had

experienced non-physical forms of domestic violence, such as economic or emotional abuse:

I didn’t know what domestic violence was. I didn’t know that if you didn’t get hit and end up with bruises and broken arms, that you were still experiencing domestic violence. [Service 5 Client 1]

Sometimes you know something is happening but you don’t know the names of the thing... I never knew what is bullying, what is harassment, what is mind game. [Service 8 Client focus group]

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Additionally, women often recounted stories of having no idea about where to go or what help might

be available when they first considered leaving. As one staff member commented, at least the women

attending their service receive some level of support; it is the women ‘out in the community’ that were the

real cause for concern:

If you’ve got a worker, well that’s sweet as they’ll be able to do some referrals and call people. But if women are out in the community and thinking about leaving but don’t know where they can get help from, if they’re not connected to somebody that knows what to do – where do they go, who do they call? [Service 2 Staff focus group]

One group of women that clients and service workers expressed particular concern about were those

from CALD backgrounds, as they face additional barriers around language, access to technology and

cultural understanding of their rights:

We feel so helpless. I went to the government departments many times but I did not know this word ‘domestic violence’. They need to tell us in our own language, like a big sign, so that we can ask people for help. [Service 1 Client 5]

Strategies

Workers employed three main strategies to address problems with service capacity in responding to

domestic violence:

� maximising funding, resources and time

� referral

� networking and building relationships.

Maximising funding, resources and time

Given that adequate funding for services is essential to sustaining change for clients, a significant part of

workers’ energies were devoted to securing and maintaining funding streams. This involved negotiating

with their main funders but also applying for grants, collaborating with other organisations to provide

services or apply for funds, or sharing resources between them (e.g. accommodation). Services also

sought to hook into external programs or sources of support for their clients.

In doing so, services aimed to maximise the amount of time they could spend with clients, thereby

ensuring women would have sufficient time to tell their stories in a safe environment, a step considered by

workers to be critical to their recovery.

Referral

Drawing on the resources and programs of external organisations was a strategy employed by all the

services in the study. They each maintained lists or books of external organisations and programs where

clients could access support.

A myriad of services and programs makes up this network of support, each with their own eligibility

criteria, application process, type of support and duration. navigating this often uncoordinated and

inconsistent network can prove challenging at the best of times. It is made more difficult when coping

with trauma, a lack of transport, no or restricted access to a phone or computer, limited English or minimal

childcare options. In response, workers at one service emphasised their practice of trying to provide a

‘one stop shop’ for clients; that is, trying to access those external services and programs on behalf of

clients. Workers also spoke of providing ‘warm referrals’. A warm referral might involve the worker setting

up meetings with external organisations, perhaps accompanying clients to appointments and/or sitting in

on appointments:

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I usually accompany them to the social worker at Centrelink; not to the counter because they get lost at the counter, they just don’t know how to get the right box to get the right person. We try, if it’s possible, to link them with the social worker there and they usually navigate the system with them, hopefully. [Service 5 Staff focus group]

referrals can and do work in both directions, with workers in the study receiving clients from external

organisations. They noted that interaction and cross-referral is significantly assisted through formal

processes, such as via network meetings, integrated case management of clients, referral protocols and

referral tools.

Networking and building relationships

Actively networking and building relationships with staff in external organisations was another key way

in which workers sought to better inform themselves and others about domestic violence issues and the

needs of clients. In particular, workers spoke of actively building relationships with organisations which

would not typically fall within the spectrum of domestic violence networks, including banks, utilities or real

estate agents.

They did this by contacting organisations individually, participating in joint meetings (e.g. domestic

violence committee meetings), and attending general training events and conferences. Through joint

programs, they fostered collaboration with other services:

I think we’re particularly lucky [in this area] because it’s very collaborative in the way it works. The services all work with each other, so everybody knows what’s around and there’s huge mailing lists, so that if a new service comes on board that can help these women, you’re emailed. So the information is continually being updated as well. [Service 5 Staff focus group]

Some workers drew on personal contacts within external organisations, which proved particularly

effective in smaller towns. One worker acknowledged the value of having colleagues with a long history

of work in the local area, who knew all the workers and programs; corporate knowledge which was

invaluable to newer colleagues.

relationships with officers in key government agencies were seen to be particularly useful. Workers

at different services in the study spoke of having good relationships with Centrelink social workers,

who were helpful in navigating the Centrelink bureaucracy and assisting with applying for entitlements.

Workers at one service speculated that their good working relationships with the staff in the local office of

DIAC resulted in better outcomes for their clients, such as women being referred to limited-place support

programs and having better case management within the department. However, a number of workers

noted that good relationships with government officers could sometimes flounder with the next phone call:

With Centrelink, if you’re lucky you get a good person there, who applies common sense and says, ‘This obviously isn’t right, we need to rectify this’. And they’ll do it. Then if you go to Centrelink the next day and you get a different person they’ll say, ‘No, those are the rules’. [Service 6 Staff focus group]

Additionally, workers observed that efforts towards relationship-building with local branches could be

undermined by centralised systems that shift processing of applications or assessments out of regional

areas to major cities like Sydney and Melbourne.

Quite apart from the need to build and maintain contacts with other service-based organisations and

government agencies, workers discussed the need to establish networks with communities and their

religious and cultural leaders, as well as community-based organisations. In the case of new and emerging

communities, such as those from the Horn of Africa and the Middle East, this was especially important. In

endeavouring to make those connections, workers reported attending community functions, liaising with

community leaders and organisations, running joint projects and delivering community-based training.

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Despite having networks of organisations to draw on, workers observed that support for clients could

often be very thin on the ground. In such cases, workers themselves would feel pressured to work extra

hours or go beyond their work parameters to assist their clients:

The bottom line is that there’s good sentiment but there hasn’t been money into it to make it serious or effective. Whatever is happening, little successes, is based on organisations stretching themselves, the workers stretching themselves – by the grace of God something happens. [Service 5 Staff focus group]

There was also an acknowledgement of the time and resources that such networking required. Funding

cutbacks or increases in client demand invariably impact on service capacity to conduct networking,

especially where that involves time out of the office.

Recommendations

Adequate funding of services

Adequate funding was the primary recommendation from study participants to build service capacity.

Workers indicated that funding needed to be sustained, with longer-term funding agreements and

matched to client numbers and local needs. There is a special need for more adequate funding in rural

and remote areas. participants also recommended that funding for programs be ongoing and that pilot

programs which prove successful should benefit from ongoing funding.

Domestic violence training for mainstream services

Workers viewed training for mainstream agencies as critical to address negative attitudes towards clients

affected by domestic violence. This is particularly important because many women never come through

domestic violence services:

When you look at our service, a very small percentage of women will access our service, so there are a whole lot of women who don’t come through our services. So it’s also about how to mainstream services or make other services actually respond when women show up at their doorstep. [Staff focus group, Service 2]

Some of the groups that participants in the study felt would particularly benefit from professional

education were aged care workers, health care workers, Centrelink and CSA staff, and real estate agents.

To be most effective, this training should be ongoing and reinforced through network meetings, joint

organisational planning and coordination of responses to clients affected by domestic violence.

In addition to training around the dynamics of domestic violence, an Indigenous worker spoke about the

need for training around culturally appropriate service delivery in mainstream services. She indicated

that communication is critical:

For Aboriginal people, it’s about having the right sort of people, with the right sort of knowledge around the cultural aspects to what’s going on for them in a family break up… The language we use, that’s critically important, how things are spoken, what language you use. [Service 5 Staff focus group]

As well as a need to engage the broader human services sector, workers also described their own need

for ongoing professional development. Staff acknowledged that domestic violence is an area which is

changing and that they themselves could find it difficult to keep up to date with latest developments:

Now people identify and are breaking down domestic violence. For me, when I used to think about it, domestic violence was women. But elder abuse has been identified and people are working on that, how people with disabilities and domestic violence affects them. All those areas are great but as a worker in the community, it’s hard to take it all in, all the information. [Service 8 Staff focus group]

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Independent attestation of domestic violence

One of the more innovative suggestions from domestic violence workers in the study was for greater

recognition of their assessment of domestic violence cases and of women’s needs. In practical terms

this means that a worker’s assessment of the abusive relationship and the documentary evidence they

put together about the domestic violence would be accepted by external organisations as proof enough

of a client’s experience. It would mean that clients would not have to retell their story of abuse to every

organisation they encounter and sometimes to every worker they meet in that organisation. Workers

argued that their expertise in the area qualified them to make that assessment and would help prevent

the re-traumatisation of their clients.

In practice, this might be accomplished in several ways:

� individual organisations and domestic violence services could establish formal protocols

� organisations could agree on a standard level of proof required to assess a client as having

experienced domestic violence and this could be accepted in one format used at all

agencies

� certification or accreditation could be accorded to particular services that meet certain

standards as advocates for clients affected by domestic violence; any of those organisations

would automatically be recognised as independent assessors of domestic violence cases.

Targeted information to victims about domestic violence and support available

There is a need for specific, targeted information, to extend women’s understanding of what constitutes

domestic violence, their rights and their knowledge of support services. Information could be made

available, at Centrelink, universities, TAFEs and workplaces, providing as many opportunities as possible

for victims to access it. Such resources also need to be translated into community languages with

appropriate adaptation for no or low literacy groups.

Community wide education

Many participants emphasised the need for community education about domestic violence, in order to

raise awareness of its severity, to counteract victim-blaming and challenge stereotypes:

At the end of the day, if people were a lot more aware of the whole domestic violence thing... I think they just think that it’s a fight between two couples [sic]. They don’t realise the severity. [Service 2 Client 1]

Several participants felt that information about domestic violence and respectful relationships should be

integrated into the school curriculum and this supports the concept of the Commonwealth Government’s

relatively new respectful relationships program:

We need to be proactive in education. If we’re just providing a service and being reactive, we’re not doing all the other stuff which is required in the community. We’ve got enough services out there, doing a lot of collaborative work, but who’s doing the educational stuff so that young men and young women start to see, and we put it in a context that makes it that they would never want to see themselves in that position, or they wouldn’t put someone else in that position because they become diminished in that whole process? [Staff focus group, Service 5]

Workers were clear, however, that a single message that domestic violence is unacceptable is not an

adequate prevention strategy. They called for a much richer education process that could convey the

dimensions of domestic violence, that is:

� who is affected

� the gendered nature of abuse

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� the range of domestic violence behaviours

� the likelihood of post-separation abuse

� the broad ranging nature and longevity of impacts for women and children, including the

financial impacts

� the reasons women may return to a relationship.

They envisaged a national education strategy that would speak to a variety of cultures and that would

also involve men ‘standing up’ against violence.

Key recommendations

� Governments to review the funding model and amount provided to domestic violence

services to enable adequate advocacy and support for clients; e.g.:

à provide sustained funding, with longer-term funding agreements, matched to client numbers

and local needs

à provide ongoing funding for successful pilot programs

� Governments to increase funding and availability for domestic violence training for

mainstream agencies and services, including culturally appropriate training for working

with Indigenous clients

� Mainstream organisations to recognise the authority of domestic violence workers to

assess cases, in order to validate women’s status as victims; e.g.:

à establish formal protocols; certification or accreditation accorded to services that meet certain

standards as advocates for clients affected by domestic violence

� Governments to make information about domestic violence more broadly available; e.g.:

à targeted information for victims about domestic violence and support available to be widely

distributed; resources to be targeted to different language groups and people with low/no

literacy.

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ChAptER 15: Conclusions

The voices of participants in this study have brought into sharp focus the significant effects of domestic

violence on victim’s financial circumstances; effects that can extend for years following separation, hampering

their capacity to escape from violent relationships and recover from the abuse. In a broader context, the

study highlights ways in which violent relationships directly impact on women’s social inclusion, through their

contribution to women’s poverty, poor health, social isolation and disempowerment. The research has also

identified initiatives that are positively changing women’s lives, as well as indications of further steps to be

taken. The Federal Government’s social inclusion agenda seeks to promote an inclusive society where all

citizens have the means and opportunity to participate in civic, cultural, social and economic life, and where

there is mutual respect between community members. This research informs that agenda and provides

some clear directions for initiating strategies that will promote abused women’s economic participation and

prosperity , and which recognise their value to our communities.

Through its investigations, the study has highlighted many areas of life in which financial security is

undermined by relationship abuse. This indicates that responses aimed at fostering abused women’s

economic wellbeing will not succeed by focusing on one area alone but must adopt a holistic approach.

Women in the study did not feel financially secure simply by finding a job or securing government income

support. They felt more financially secure when they were able to locate permanent housing, acquire

basic household goods, discharge their debts, finalise legal matters, have a regular and sufficient income

stream and attend to their health issues and those of their children.

All of the women in the study were making efforts to stabilise their economic position and to work towards

a more prosperous future. It was, in fact, a concern that preoccupied and worried them most of the time.

However, their efforts were too often frustrated by obstacles, sometimes imposed by their own level of

trauma or lack of skills and knowledge, but most often imposed by other people and organisations; that

is, by continued abuse by ex-partners; and by inflexible policies, staff attitudes or lack of understanding

in organisations like government agencies, utilities, banks, services and courts. The study has identified

a number of ways in which those obstacles could be addressed.

Abusive partners need to be made accountable for their contribution to victims’ negative economic

outcomes. Some of the ways to achieve this that have been canvassed in the report are: creditors

agreeing to split bills and debts between victims and ex-partners; legislators including economic abuse

in domestic violence legislation; police, courts and services assisting victims and their children to remain

in the family home safely and have the violent partner leave; courts recognising the impact of violence

in property settlement and prohibiting vexatious legal cases brought by abusive ex-partners; and CSA

investigating and making ex-partners accountable for their child support obligations.

Organisations need to have an appreciation of the financial impact of domestic violence on victim’s lives.

That is, to have an understanding that the economic hardship faced is more likely to be a feature of the

abuse and a low income, than a poor ability to budget or manage finances. They need to recognise

that both the abuse and the economic impact of the abuse may continue long after separation. Training

around domestic violence and linkages with domestic violence services can sensitise and raise

awareness of these issues for service and agency workers.

Targeted short, medium and longer term financial and material support is needed. The study

recorded many programs and initiatives offering support available to women affected by domestic

violence. However, these are typically fragmented, provided by different bodies, with different eligibility

requirements and time periods in which to apply. Women were often unaware of support and programs

available to them. Making information available to victims about their rights, entitlements and programs

is critical to them accessing support. For this reason, advocacy provided by specialist and generalist

services was shown to be fundamental to securing adequate housing, legal, health and other outcomes.

Such advocacy provided by services needs to be sufficiently funded and sustained.

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responses need to move beyond immediate crisis intervention and support in order for victims to make

the transition to sustainable economic futures. Women need programs that build their economic capacity.

Some ways of achieving this are: greater availability of transitional, public and community housing;

increasing the availability of counselling and other health services for women to deal with the trauma of

abuse so that they are able take on employment; subsidised education and training for women to become

job ready; and matched savings accounts to help accumulate savings. Services and government

agencies can provide financial education and counselling services to inform women’s financial decisions

and choices.

Aside from building their own economic capacity, there is a need for economic opportunities that women

can take up. These may include: job placement programs; low interest loans; and finance for women’s

business ventures. Supports need to be in place to ensure that women can pursue these opportunities;

in particular, employment will only be viable for women if they have access to affordable childcare and

workplaces adopt measures to ensure their employees feel safe to disclose their experiences (e.g. safety

protocols and leave provisions).

Finally, in questioning the women about how they define financial security and what goals they aim for, it

is clear that this amounts to more than a healthy bank balance. Across the board, they voiced aspirations

for economic independence, freedom of choice and control over their own finances. These goals need

to be placed at the centre of an approach that seeks to foster financial security for victims of domestic

violence. Through economic empowerment, women can find ways to leave violent relationships and build

prosperous lives:

I feel like I’m independent and I guess in a certain way I’ve felt like that for a few years, being that I’ve had my own place, it’s my name only on the lease as opposed to when I was living with my ex. So I feel secure in that I can maintain my own house and I can pay my bills and I can take my daughter to school and bring her home and I can cook food, some weeks better than others. I can do all of that by myself and in that sense I feel very secure… It’s actually a really great feeling. It’s been a lot of steps to get here… But each little step really does feel like you’re increasing your security, financially and otherwise. [Service 2 Client 5]

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AppEnDIx A: Staff survey

WHAT STRATEGIES AND GOVERNMENT REFORMS WOULD GIVE WOMEN AFFECTED BY DOMESTIC AND FAMILY VIOLENCE MORE FINANCIAL SECURITY?

Please rank the following strategies/reforms according to how helpful you think they are, using the

scale below:

1 - not at all helpful 2 - Somewhat helpful 3 - Fairly helpful 4 - Very helpful 5 - Most helpful

Used? Finances and money management Please circle

Low interest or no interest loans 1 2 3 4 5 not sure

reduced bank account fees or no fees 1 2 3 4 5 not sure

Matched savings accounts1 1 2 3 4 5 not sure

Information on money management available at domestic violence services

1 2 3 4 5 not sure

Workshops on money management 1 2 3 4 5 not sure

Individual financial counselling 1 2 3 4 5 not sure

Economic advocacy by domestic violence services 1 2 3 4 5 not sure

Comments about any of these or other suggestions?

Used? Social security Please circle

Increased social security payments 1 2 3 4 5 not sure

One lump sum social security payment (e.g. for 6mths or 12 mths) 1 2 3 4 5 not sure

recognition of financial abuse as a defence to social security fraud 1 2 3 4 5 not sure

Expanded eligibility criteria for the Special Benefit2 1 2 3 4 5 not sure

Funding for designated places at refuges for migrant women, ineligible for income support

1 2 3 4 5 not sure

Fast-tracking of visa applications 1 2 3 4 5 not sure

Domestic violence awareness training for Centrelink staff 1 2 3 4 5 not sure

Centrelink staff screening for domestic violence and referring clients to services

1 2 3 4 5 not sure

Comments about any of these or other suggestions?

1 Matched savings accounts are those where governments, financial institutions or charities match the personal savings of the account holder.

2 The Special Benefit is a discretionary payment made to recent migrants experiencing severe financial hardship but who are ineligible to receive any other Centrelink benefits.

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1 - not at all helpful 2 - Somewhat helpful 3 - Fairly helpful 4 - Very helpful 5 - Most helpful

Used? Child support Please circle

Increased child support payments 1 2 3 4 5 not sure

Improved compliance of child support payers 1 2 3 4 5 not sure

Government guarantee of child support in cases where the payers do not comply

1 2 3 4 5 not sure

Back payment of child support after exemption is removed 1 2 3 4 5 not sure

Domestic violence awareness training for Child Support Agency staff 1 2 3 4 5 not sure

Child Support Agency staff to screen for domestic violence and provide referrals to clients

1 2 3 4 5 not sure

Comments about any of these or other suggestions?

Used? Employment Please circle

Special (paid or unpaid) leave for women affected by domestic violence

1 2 3 4 5 not sure

Safety measures in workplaces for women affected by domestic violence (e.g. changed phone number, transfer, risk assessment procedures)

1 2 3 4 5 not sure

Compensation for women who have to cease employment 1 2 3 4 5 not sure

non-discrimination policies (e.g. can’t sack women because they are victims of abuse)

1 2 3 4 5 not sure

Workplace campaigns to promote awareness of domestic violence

1 2 3 4 5 not sure

Employment advocacy by services (e.g. through collaboration with employment organisations or unions)

1 2 3 4 5 not sure

Education and training programs and subsidies for women re-entering the workforce

1 2 3 4 5 not sure

provision of affordable childcare 1 2 3 4 5 not sure

Improved access to public transport 1 2 3 4 5 not sure

Comments about any of these or other suggestions?

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1 - not at all helpful 2 - Somewhat helpful 3 - Fairly helpful 4 - Very helpful 5 - Most helpful

Used? Accommodation Please circle

Greater use of exclusion or ouster orders 1 2 3 4 5 not sure

Greater use of security upgrades, risk assessment and service support for women remaining in the family home

1 2 3 4 5 not sure

Shorter waiting time /quicker access to public housing 1 2 3 4 5 not sure

provision of transitional housing (e.g. may offer accommodation up to 2 years, may include rental or utilities payment assistance, support services)

1 2 3 4 5 not sure

private rental subsidies and bonds for women affected by domestic violence

1 2 3 4 5 not sure

Tenancy laws allowing women to automatically assume lease holding for rental property following separation

1 2 3 4 5 not sure

Comments about any of these or other suggestions?

Used? Property settlement Please circle

Greater consideration of domestic violence in property settlements and child contact arrangements

1 2 3 4 5 not sure

Access to legal advice for women going to court for property settlements

1 2 3 4 5 not sure

Training for legal professionals around domestic violence issues 1 2 3 4 5 not sure

Comments about any of these or other suggestions?

Are there any other strategies or reforms you believe would give women more financial security?

Thank you for your time

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AppEnDIx B: Counting the cost – Building capacity forum recommendations

University of New South Wales, 10 March 2010

topic 1: Banking, bills and debt recommendations

Government and services support financial counselling and literacy for domestic violence clients; e.g.:

� Government funds specialised domestic violence services to have in-house financial

counsellors; also access accountants to assist clients on a ‘pro bono’ basis

� Services adopt an ‘income maximisation’ framework as an alternative to a ‘budgeting

only’ approach; e.g. Good Shepherd Sisters Youth and Family Service follows the ‘income

maximisation’ approach

� Government makes changes to the national financial literacy curriculum to adopt a gender

analysis; e.g. YWCA nSW provides a schools-based financial literacy program for girls

� Some examples of existing programs include:

à MoneyMinded, a financial education program which helps people make informed decisions

about the use and management of their money (http://www.moneyminded.com.au/).

à Online programs to assist people to gain financial skills and confidence; e.g. mybudget.

com (http://xn--www-rp0a.mybudget.com/)

à ‘Common Cents’ financial mentoring (Women’s Health Goulburn nE)

à Lifeline ‘Creditline’ in nowra provides financial advice

à Marrickville Legal Centre runs information workshops concerning debts and fines, and

management of finance

Financial institutions, utilities and agencies respond more sensitively and flexibly to women

affected by domestic violence around bills and debts; e.g.:

� Services and financial institutions increase the provision of low interest loans and low-interest

bridging loans; e.g. Brotherhood of St Laurence in Victoria provides micro-credit for small

business needs; Saver plus (AnZ) provides matched savings accounts36

� Government and financial institutions introduce policies and legislation to stop predatory

lending

� Financial institutions have clear and accessible policies about dealing with clients in financial

difficulty

� Utilities and financial institutions offer bill/loan splitting options in cases of couples’ separation

where there is domestic violence

Services expand outreach to isolated women affected by domestic violence; e.g.: Christians Against

poverty visits services in order to provide financial counselling; ‘Motel project’ with DV Connect (Brisbane/

QLD) provides outreach assistance in first 24-72 hours after women leave a violent partner

Agencies, utility companies and financial institutions undergo training around gender and

domestic violence issues as a factor in financial hardship

Agencies and services provide women affected by domestic violence with reliable and consistent

sources of information about their rights regarding financial services and hardship policies,

entitlements and services available.

36 Viewed 1 May 2010, <http://www.anz.com/about-us/corporate-responsibility/community/financial-literacy-inclusion/programs/saver-plus/>

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topic 2: Social security, child support and employment recommendations

SOCIAL SECURITY

Centrelink provides women affected by domestic violence additional financial support; e.g.:

� Centrelink increases the domestic violence crisis payment amount and the length of time it is

available following separation

� Centrelink provides brokerage for re-establishing a home (including removalists, storage) or

a housing establishment fund for clients post separation from a violent partner; e.g. Victorian

Government provides a housing establishment fund for moving and establishment costs

(up to $800), which is administered through the Department of Community Services and is

available once per financial year

Centrelink better supports migrant women with no recourse to public funds; e.g.:

� Centrelink expands eligibility for financial support to migrant women affected by domestic

violence

� Centrelink provides information to migrant women around their rights and entitlements when

they first disclose domestic violence

Centrelink establishes targeted support to domestic violence victims, to avoid them having to retell

their story and to provide them with all the information they require regarding their entitlements; e.g.:

� Centrelink appoints a specialised caseworker to a client when domestic violence is disclosed

� Centrelink provides a package of information for clients who disclose domestic violence –

containing all information about their entitlements and processes

� Centrelink refers clients to domestic violence service/advocate

Government and services provide financial information to women on low incomes who are affected

by domestic violence; e.g. through voluntary financial counselling

Centrelink officers liaise with other workers around domestic violence issues.

CHILD SUPPORT

Government raises minimum child support payment to reflect actual costs of raising children; e.g.

by paying child support in addition to Centrelink entitlements

CSA ensures women receive full child support entitlements by guaranteeing payments to payees

CSA improves its compliance measures by taking on investigations of parents not meeting child

support obligations and making greater use of direct garnishing of wages

Centrelink increases accessibility to the exemption from seeking child support and extends the

exemption to six months.

EMPLOYMENT

Government supports affordable child care (as an employment strategy for women)

Workplaces introduce arrangements to support workers affected by domestic violence; e.g.:

� Employers provide additional leave to attend to domestic violence related matters

� Employers are flexible around temporary suspensions of employment, flexible work

arrangements for safety reasons

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� Services provide information to employers about domestic violence issues for the workplace

� Government initiates legislation reform to include domestic violence provisions in industrial

instruments; e.g. around leave

Centrelink reviews welfare to work requirements for women affected by domestic violence

Government offers additional payments to employment agencies to place clients affected by

domestic violence

Banks and financial institutions support women’s self-employment; e.g. Gromeen Bank offers micro-

credit to support small business and self-employment

Educational facilities provide free/low cost education for low income women who have

experienced domestic violence (including low cost child care); and particularly for migrant women

Domestic violence services and jobs network agencies develop local relationships; e.g. through

co-location.

topic 3: Accommodation recommendations

Government increases housing stock to address the significant accommodation shortage

across all housing sectors; i.e. crisis accommodation, medium and longer term housing, rental

accommodation, community housing; e.g.:

� Housing departments negotiate with developers to get community housing allocated as

a part of the development stimulus package for the housing industry, to increase public

housing

� Government increases financial support for women’s cooperative housing

� Government considers programs to provide transitional housing that can then become long

term housing; e.g. Victorian Department of Housing Services’ program ‘A place to Call Home’

places women in a transitional property for 18 months. At the end of that time, the client can

choose to remain in that house

Government and courts support women to remain safely in the home and have the violent partner

leave; e.g.:

� Courts make greater use of exclusion or ouster orders

� Government reforms legislation to allow for transfer of name on lease from the violent partner

to the non-violent partner, as in Victoria, nSW and Tasmania

� Use of exclusion or ouster orders be accompanied by a risk assessment, installation of

security upgrades, the linking of victims to a support service and a strong police response;

e.g. Safe at Home (Tas), Staying Home Leaving Violence (nSW); B Safe (Hume Wangaratta

region) pilot by national Crime Authority provides a mobile for the woman and children, alarm

system, and installation of cameras

Housing departments to accord a high priority to domestic violence victims trying to access public

housing

Government funds dedicated spaces at domestic violence accommodation services to support

women with disabilities and migrant women with no recourse to public funds

Real estate industry reduces barriers to domestic violence victims’ access to rental properties; e.g.:

� Government and advocates encourage real estate agents to waive the need for a rental

history for women who have been in a relationship for a long time and paying a mortgage;

also waive these requirements for migrant women

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� real estate industry to reform tenancy blacklist to exclude women whose violent partners

have damaged properties

� real estate agents to refer clients with difficulties keeping up with the rent to a support

service rather than immediately issuing an eviction notice; e.g. ‘preventing Homelessness’

program based at Centacare in Hervey Bay

Government provides targeted financial assistance for domestic violence victims; e.g.:

� Centrelink increases amount of rent assistance provided (i.e. more than CpI) and to provide

mortgage assistance (like rent assistance)

� Government provides a rental top-up scheme (subsidy) for those on a low income; e.g.

expansion of the nSW pilot, Start Safely Scheme, providing a subsidy to women affected by

domestic violence over the short to medium term for suitable private rental accommodation

� Government subsidises private rental for those on a prioritised list; e.g. private rental

Assistance Scheme (nSW) offering subsidised rent and higher bond to landlord

� Government takes up homeless brokerage, providing immediate accommodation and then

helping clients access longer term accommodation; e.g. provided by Sydney City Council

Housing workers to improve their awareness and understanding of domestic violence issues; e.g.:

� Homeless sector workers undertake training on domestic violence issues

� Housing departments establish (more) specialist domestic violence worker positions

� Housing services co-locate with other services or establish partnerships to improve worker

knowledge of domestic violence; e.g. Department of Housing officers sit one day a week in

some Centrelink offices in nSW

Domestic violence, legal and financial services develop and circulate information for women

planning to exit violent relationships; e.g.: through legal workshops, financial planning, risk

management; see www.refuge.org.uk: UK booklet: ‘What’s yours is mine’, for women exiting violent

relationships.

topic 4: Legal issues recommendations

Government and courts take greater account of domestic violence in family law matters; e.g.:

� Government amends the Family Law Act 1975 to introduce a presumption against shared

care in the case of domestic violence

� Government provides support and training for the implementation of practice Guidelines

around family law

� Judges and magistrates recognise protection orders when making family law decisions

� Judges and magistrates introduce penalties for non-compliance with parenting orders

Legal services provide more information about domestic violence and legal rights and processes; e.g.:

� Legal services provide information to the community about domestic violence and legal rights

and processes through, for example, legal clinics, radio plays, information in community

languages, web sites, legal workshops and mock court experiences

� Agencies and services provide an information pack on legal rights for migrants and refugees

in their own language upon arrival

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Government and legal services expand access to legal assistance; e.g.:

� Government increase funding for women’s legal services to provide representation, as well as

advice

� Legal services provide more legal helplines and provide outreach

� Government fund more specialised legal services, such as homeless persons’ legal clinics

(offering free advice)

� Legal Aid review the means test for eligibility and provide grants in circumstances where

access to funds is limited (e.g. property)

� Government fund women’s family law support services, such as nSW Women’s Family Law

Support Service

Courts recognise vexatious claims by perpetrators and not allow them to proceed

Police and courts improve their response to domestic violence matters; e.g.:

� All police stations have domestic violence liaison officers and refer victims to domestic

violence services (with their consent)

� police, judges and magistrates apply appropriate sanctions to violence, such as strong

consequences when a protection order is breached

Courts provide greater safety for victims at court; e.g.:

� All courts provide safety measures for victims of abuse, such as separate entrances, safe

rooms, use of security personnel, use of screens and CCTV to give evidence

� Court support be available for domestic violence and family law matters

Lawyers, court staff and the judiciary undertake training around domestic violence issues; e.g.:

� Law Societies make domestic violence and impacts on women and children a mandatory

CLE course

� Legal firms employ/contract social workers to advise about domestic violence issues

� Legal Aid, community legal centres and law firms to ensure lawyers have training around

domestic violence, particularly if working in family law

Government promotes court specialisation around domestic violence; e.g.:

� Courts address all matters concerning a single family, such as domestic violence, sexual

assault, child protection; such as in the Victorian pilots at Ballarat and Heidelberg

� Government establish domestic violence circuit courts where trained magistrates travel to

different regions

Services promote the pursuit of victim compensation by domestic violence clients; e.g.:

� Advocates familiarise themselves about the victim compensation scheme in their state and

support clients to pursue claims.

Rochelle Braaf & Isobelle Barrett Meyering Australian Domestic & Family Violence Clearinghouse

March 2011

Seeking Security: promoting women’s economic wellbeing following domestic violence