Training and education

15.156 A central theme that has emerged in the course of this Inquiry, including in the pre-employment context, is the need for effective education and training of individuals working in the JSA system—including DEEWR, Centrelink, JSA, DES and IEP providers and ESAt and JCA assessors. A proper appreciation and understanding of the nature, features and dynamics of family violence, and its potential impact on a job seeker’s ability to gain and retain employment, is fundamental to ensuring that the system is able to respond to the needs of job seekers experiencing family violence and, ultimately, can improve their safety.

15.157 Accordingly, this section of the chapter outlines the need for education and training of JSA, DES and IEP provider staff as well as ESAt and JCA assessors in relation to:

• the nature, features and dynamics of family violence; and
• the potential effect of family violence on work capacity and barriers to employment arising from family violence.

15.158 Training and education of Centrelink staff, including in relation to the administration of the JSCI, is discussed in Chapter 7.

Submissions and consultations

15.159 A number of stakeholders emphasised the need for education and training for JSA providers. For example, WEAVE suggested the providers should be required to participate in such training

as part of their accreditation process so they can deal with the issue of family violence professionally. Such accreditation should be displayed so that clients know that the JSP staff has been trained in responding to family violence. This would increase client’s confidence to disclose.^[102]

15.160 Similarly, Northern Rivers Community Legal Centre recommended training for JSA provider staff to ‘recognise signs that an individual may be or have been a victim of family violence and may be reluctant to disclose this’ and in relation to ‘appropriate response strategies to victims so the job service agency does not compound the impact on the victim of family violence’.^[103]

15.161 Stakeholders also expressed the view that JCA assessors should have compulsory training in relation to family violence.^[104]

ALRC’s views

15.162 The need for education and training of JSA, DES and IEP provider staff is vital to ensuring that the current system and, if modified in line with the proposals in this chapter, any new system, is able to respond to and protect job seekers experiencing family violence.

15.163 In the report, Family Violence—A National Legal Response, the Commissions considered that education on the nature, features and dynamics of family violence better enables those in the system to assist victims. To this end, the Commissions recommended that the Australian, state and territory governments, and educational, professional and service delivery bodies should ensure regular and consistent education and training for participants in the family law, family violence, and child protection systems, in relation to the nature and dynamics of family violence, including its impact on victims, in particular those from high risk or vulnerable groups.^[105]

15.164 Similarly, the ALRC considers it is necessary and appropriate to propose that participants in the JSA and DES systems, in particular JSA, DES and IEP provider staff receive similar training, with a particular focus on the potential effect family violence may have on work capacity and barriers to employment.

15.165 The ALRC considers that a proper understanding of the nature, features and dynamics of family violence and its impact on victims, in particular those from high risk and vulnerable groups, and its potential impact on work capacity and barriers to employment, will better enable JSA, DES and IEP provider staff to support and assist job seekers.

15.166 As a result, the ALRC has formed the view that DEEWR should work with providers to ensure that all staff working for JSA, DES and IEP providers receive regular and consistent training in relation to:

• the nature, features and dynamics of family violence, and its impact on victims, in particular those from high risk and vulnerable groups;
• recognition of the impact of family violence on particular job seekers such as: Indigenous peoples; those from culturally and linguistically diverse backgrounds; those from lesbian, gay, bisexual, trans and intersex communities; children and young people; older persons, and people with disability;
• the potential impact of family violence on a job seeker’s capacity to work and barriers to employment;
• appropriate referral processes; and
• the availability of support services.

15.167 Prior to 1 July 2011, the ALRC is aware that JCA assessors were required to complete online modules in order to be certified to conduct JCAs. However, in light of the nature of changes to the conduct of ESAts and JCAs, the ALRC is not aware how training and education will be conducted under the new system. The ALRC considers that, where it is not already envisaged, DHS should ensure regular and consistent training for all ESAt and JCA assessors in relation to:

• the nature, features and dynamics of family violence;
• its impact on capacity to work and barriers to work faced by job seekers experiencing family violence; and
• the availability of support services.