Issues management

4.41 The ALRC recommends that when family violence-related safety concerns are identified, the DHS staff must refer the customer to a Centrelink social worker or other expert service providers.

Referrals and pathways

4.42 Stakeholders uniformly agreed that once family violence-related safety concerns are disclosed—through ‘screening’ processes or otherwise—there was a need to ensure an immediate response and, in particular, referral to necessary support services.^[51] For example, DHS submitted that:

risk identification should not occur in the absence of an immediate supportive response being available to the customer … Risk identification must be accompanied by the immediate availability of someone qualified to carry out a more complex screening and assessment, and to provide support and advocacy.^[52]

4.43 Within the agencies under DHS, a number of guidelines provide for the referral to a Centrelink social worker when family violence is disclosed, including the Guide to Social Security Law, the Job Seeker Classification Instrument (JSCI) Guidelines and related Department of Education, Employment and Workplace Relations (DEEWR) advices. However, it is not consistently provided for in the Child Support Guide and Family Assistance Guide.

4.44 In the Discussion Paper, the ALRC proposed that when family violence is identified or disclosed, through the ‘screening’ process, or otherwise, Centrelink, Child Support Agency and Family Assistance Office staff must make a referral to a Centrelink social worker.^[53] This reflected the policy position that staff providing customer service are not skilled to conduct risk assessment, and that this is a role most suited to a social worker.

4.45 A number of stakeholders supported this proposal.^[54] There was general agreement that social workers play an important role in providing support to victims of family violence, and were best placed to make further referrals to legal and non-legal services.^[55] The NWRN also noted that Centrelink social workers play an important role in the ‘training and support they provide to other Centrelink staff to enable those other workers to provide an appropriate service response to people experiencing family violence’.^[56]

4.46 Stakeholders also supported the creation of a specialist family violence unit or team within DHS,^[57] with a number suggesting that a specialist team would be an appropriate point for referral.^[58] It was suggested that a specialised family violence team could case manage ongoing interactions between various sections of Centrelink, the CSA and the client’.^[59]

4.47 Other stakeholders suggested that specialist family violence teams could include case workers from Aboriginal and Torres Strait islander communities and those from linguistically diverse backgrounds.^[60] This would help to ensure that, where appropriate, referrals can be made taking into account a customer’s cultural and linguistic needs.

4.48 Stakeholders suggested that a specialist team could assume a range of responsibilities that could include:

• acting as the first point of contact for victims of family violence;^[61]
• coordinating the provision of information and referral to support services;^[62]
• acting as a conduit between the victim and government agencies;^[63]
• critically discussing the various options available to customers, and supporting them in their decisions and their negotiation through the system;^[64] and
• organising exemptions and reviews.^[65]

A responsive and flexible approach

4.49 DHS agreed that the identification of family violence must elicit an immediate response to link the customer with support services, but noted that, ‘referral to a social worker is not the only response and that it is important to recognise the roles of other services in the family violence sector’.^[66] This position was also supported by a number of other stakeholders.^[67]

4.50 DHS argued for a more nuanced response, taking into account the customer’s current circumstances and concerns:

It is not correct to presume that every customer who presents with or identifies a family violence issue requires a high level of intervention through a social worker. In some circumstances, lower level responses, such as information provision, may be appropriate, and in some situations customers may be receiving suitable assistance through other organisations in the family violence sector and only financial assistance is sought from DHS.^[68]

4.51 In particular, DHS emphasised that the aim of ‘Case Coordination’ was to provide appropriate referrals to support services such as refuges, 1800-RESPECT, Family Relationship Centres, the Family Relationships Advice Line, and the Child Support program’s Parent Support Service, rather than case management.

4.52 The ALRC considers that an issues management response to the disclosure of family violence-related safety concerns should take into account a customer’s needs and individual circumstances. While the Centrelink social worker is generally well placed to provide assistance to a customer, the ALRC agrees with DHS that referral to a Centrelink social worker may not always be the most appropriate response. Mandating referral to a Centrelink social worker may be unnecessary if a customer does not want, or need, high level support. In other instances, such as where a person has a disability, stakeholders have suggested that referrals should be made directly to expert service providers in the disability sector, rather than to a Centrelink social worker.

4.53 However, in some circumstances referral to a Centrelink social worker is essential. For example, in Chapter 12, the ALRC considers that it is suitable for the CSA to refer a customer to a Centrelink social worker when the customer takes action that may affect their compliance with the ‘reasonable maintenance action’ requirement and their Family Tax Benefit (FTB) Part A. Where this is the case, the ALRC recommends relevant Guidelines should direct staff to refer the person to a Centrelink social worker.

4.54 There are good policy reasons—consistent with the National Plan to Reduce Violence against Women strategies around coordinated responses—to recognise the range of expert providers within the family violence sector who play a role assisting victims of family violence.^[69] An advantage of a nuanced response is that it allows these actors to have a significant role in supporting victims. Referrals to other expert service providers, where appropriate, may also reduce the workload on Centrelink social workers and allow for more considered responses for cases that require high level intervention.

4.55 The ALRC also supports the creation of specialised family violence units within DHS. Specialised family violence teams may be a particularly useful referral point for customers from Aboriginal and Torres Strait Islander backgrounds, persons with disability, and others in need of a higher level of support. Beyond this, there is scope for specialist units to undertake a wide range of responses commensurate with a customer’s needs. While the ALRC makes no recommendations about specialist family violence units—given it would carry significant resourcing implications at this early stage in DHS’ integration—it notes that such units could be considered within DHS’ Case Coordination trials, with a long-term view to their wider establishment.