Barriers to disclosure of family violence

4.20 In Family Violence—A National Legal Response, the ALRC and the NSW Law Reform Commission (the Commissions) identified a range of reasons for non-disclosure of family violence:

A victim of family violence may hide the abuse due to feelings of shame, low self esteem or a sense that he or she, as the victim, is responsible for the violence. A victim may feel that he or she will not be believed. A victim may hope that the violence will stop, or might believe that violence is a normal part of relationships. Because of the family violence, a victim may feel powerless and unable to trust others, or fear further violence if caught disclosing it.^[15]

4.21 Further, the Commissions noted that ‘there may be a lack of understanding by … service providers and the community of what constitutes family violence. This may mean that, even if family violence is disclosed, it may not be recognised, or acted on, as family violence’.^[16]

4.22 In Family Violence and Commonwealth Laws—Social Security (Social Security Issues Paper) and Family Violence and Commonwealth Laws—Child Support and Family Assistance (Child Support and Family Assistance Issues Paper), the ALRC asked several questions about how family violence is disclosed or identified by CSA and Centrelink staff,^[17] including barriers faced by victims of family violence in disclosing family violence.^[18]

Submissions and consultations

4.23 Stakeholders identified a number of barriers to self-disclosure of family violence to the CSA and Centrelink, including:

• lack of confidence to classify what they are experiencing as family violence,^[19] such as financial or economic abuse^[20]—in particular, those from Non-English Speaking Background with disability ‘may not interpret threats of abandonment, withdrawal of services or tampering with aids as family violence, even though such acts are designed to threaten and control the person’;^[21]

• lack of knowledge—both of what constitutes family violence legally, and of the significance of family violence in obtaining entitlements;^[22]

• shame,^[23] or fear of other stigmas associated with family violence;^[24]

• learned practices such as staying silent about victimisation as a result of being taught that ‘speaking out against victimisers or revealing victimisation (even unintentionally) had negative consequences and was often pointless’;^[25]

• the person using family violence supervises all contact with the service agency;^[26]

• fear of adverse consequences such as being ‘punished’ by not receiving payments or more stringent work requirements;^[27]

• having to repeat an account of family violence multiple times;^[28]

• lack of privacy at Centrelink offices—being ‘mortified’ by being expected to discuss family violence in public, at the front counter;^[29]

• concerns that disclosure of family violence will not be believed or their experiences trivialised;^[30] and

• fear of retribution.^[31]

4.24 As one stakeholder stated:

I don’t get child support for one of my children (and haven’t done since she was born 4 yrs ago) because my … ex told me he would take my children away and kill them if I did claim it.^[32]

ALRC’s views

4.25 The ALRC recognises that victims of family violence may be reluctant to disclose family violence for a number of reasons, or may not consider themselves to be a victim due to, for example, traditional notions of ‘domestic violence’. Further, victims may fail to disclose family violence as they may not be aware that such information is relevant to their social security, child support or family assistance entitlements.

4.26 In light of these various concerns, the ALRC considers that multiple responses are required by service delivery agencies to ensure the needs of victims of family violence are adequately responded to by Centrelink, the CSA and FAO. One mechanism will not be sufficient. The ALRC suggests a multifaceted approach of screening, information provision and information-sharing protocols. These are considered in detail below.