Working with adult perpetrators of family violence
This advice is about engaging and intervening with adult perpetrators of family violence. For the purpose of this advice, the term ‘perpetrator’ is used to describe persons who are believed to have committed family violence and responsible for the harm caused due to their use of violence.
Document ID number 2458, version 6, 20 November 2021
Note: This document is currently being reviewed to align with MARAM guidance for working with adults using family violence and will be updated in early 2022.
Introduction
See tip sheet Working with perpetrators of family violence to reduce risk of harm to children for a quick guide on how to engage with perpetrators and tasks to be undertaken.
Living with family violence compromises a child’s safety, wellbeing and development and can have long-lasting effects on a child into adulthood. Family violence is frequently accompanied by other issues and risk factors that are detrimental to children's safety and development. Children living in violent households are at increased risk of negative outcomes including depression; anxiety; post-traumatic stress symptoms; interpersonal problems; and behavioural problems. Engaging and intervening with perpetrators of family violence who are birth parents or have an ongoing parenting role, including perpetrators who reside separately from the family but continue to have contact with a child, is an important component of promoting the safety, wellbeing and development of the child and supporting the adult victim survivor to keep the child safe.
A gender lens in the context of family violence is a way of seeing difference in the way women and men experience family violence (Our Watch). Family violence is predominantly gender based, with men most likely to be perpetrators and women and children most likely to be victims. It is also important to acknowledge that family violence may exist in same sex relationships and in carer ‘family like’ relationships in the context of people living with disabilities. A gendered lens might therefore intersect with other lenses relating to disability, historical trauma, and same sex relationships. This advice, while acknowledging the gendered nature of family violence, uses the gender neutral terms ‘perpetrator’ and ‘adult victim survivor’ in recognition that child protection works with different types of families.
Beyond children, groups that are more vulnerable to being impacted by family violence include women who are young, who live in regional and rural areas, who are Aboriginal, who have a disability and/or are from culturally and linguistically diverse (CALD) backgrounds.
Family violence requires a whole-of-system response. Child protection must work in partnership with Victoria Police, the courts, family violence services, family services and the universal service system to hold perpetrators to account and keep children and adult victim survivors safe. Child protection has a pivotal role in connecting children, adult victim survivors and perpetrators to services. Working with families in isolation or without effective information sharing and consistent, collaborative working relationships across statutory and non-statutory services will limit the effectiveness of the intervention.
The Multi-Agency Risk Assessment and Management Framework (MARAM) includes the responsibilities within the Victorian service system to identify, assess and respond to family violence risk. Part 11 of the Family Violence Protection Act 2008 establishes the authorising environment for the MARAM framework. Organisations that are authorised must align their policies, procedures, practice guidance and tools to the MARAM framework. Child Protection is an authorised organisation.
The SAFER Children framework embeds the MARAM framework and provides for family violence risk factors to be addressed by both the MARAM assessment and SAFER Children risk assessment in one comprehensive risk assessment.
Identifying perpetrators
The perpetrator, the person who uses a pattern of coercion, power and controlling behaviours is known as the predominant aggressor or primary aggressor. Victim survivors are sometimes misidentified as perpetrators, either by the reporter, the perpetrator, or services working with the family. Child protection should prioritise the correct identification of the perpetrator to increase safety for child and adult victim survivors.
Why it is important to correctly identify perpetrators
Through system abuse, perpetrators can misuse the system to create and perpetuate an assessment that the victim survivor is the person causing harm. Misidentification creates trauma and further confusion for victim survivors and the service response is not aligned with an accurate assessment of risks and needs. In addition, under the Family Violence Information Sharing Scheme (FVISS) and the Child Information Sharing Scheme (CISS), consent is not required to share information about perpetrators. Therefore, if the victim survivor has been wrongly identified as a perpetrator, their information may have been shared without their consent, and potentially shared with the perpetrator or their representatives creating additional risk.
Correct identification holds the perpetrator to account for their actions and provides them access to perpetrator interventions and support.
Corrective action should be taken at the earliest opportunity to record any CRIS changes required following misidentification, and any information sharing required with other services to update their respective records.
Engaging perpetrators
Why it is important to engage with perpetrators
Child protection works with anyone in a parenting role. For example, if the perpetrator is the child’s father or stepfather, whether residing at the home or not, child protection must work with him in his role as a father. While we call him the ‘perpetrator’ it is important for practitioners to remember that the goal is to assist him to be the best possible father now and into the future. This can be achieved by assisting him to be accountable, responsible, and protective.
The opportunity to intervene and to prevent, or minimise, the risk of violence reoccurring begins from the first contact with both victims and perpetrators of family violence. Child protection practitioners should exhaust all efforts to interview perpetrators of family violence where it is safe to do so for everyone concerned, including the child, adult victim survivor and practitioner. The ability of practitioners to understand the level of risk posed by a perpetrator can be greatly enhanced by the way in which they engage with them, as well as other family members.
Engaging with the perpetrator allows the possibility for them to acknowledge their behaviour, to understand the impact upon the adult victim survivor and each of their children and to envisage and develop an emotionally and physically safe way of maintaining a relationship with their family. Engaging the perpetrator also enables working in partnership and alliance with the adult victim survivor, and relevant services, to keep children safe. When perpetrators are not directly engaged by child protection, child protection may be seen as locating sole responsibility for the safety and protection of the child with the adult victim survivor. This can impact on the adult victim survivor’s capacity to protect the child, themselves and their self-perception and parenting capacity.
Engaging with the perpetrator is likely to influence the lens through which practitioners interpret the family situation and work with the adult victim survivor. Engaging with the perpetrator also provides opportunities for promoting behaviour change, such as participation in perpetrator programs.
What engagement means
Engagement is the development of a connection between the practitioner and the perpetrator where the perpetrator feels understood and fairly treated. It is the first step to move the perpetrator towards a position where they are able to acknowledge their violence and be accountable for their violence against family members. To effectively engage a perpetrator and hold them to account, there usually needs to be a range of services involved.
Engagement with a perpetrator requires the practitioner to maintain a respectful and empathic position with the offender without becoming collusive with their narrative (which may be distorted) about their behaviours.
Aims of engaging and intervening with perpetrators
Engagement with perpetrators should always be purposeful and centred on ensuring the child’s safety and wellbeing.
Figure 1: Aims of child protection perpetrator engagement (adapted from Browne 2017)
By engaging with perpetrators, as shown in Figure 1, child protection practitioners aim to:
- prevent inflammatory situations escalating
- identify family violence, noting it may not be identified in the initial report to child protection
- minimise the risk of harm and ensure the safety, wellbeing and development of the child (including through supporting the safety, recovery and agency of the affected parent, noting the safety of the affected parent is likely to be intrinsically connected to the child’s safety)
- enhance the assessment of risk including understanding patterns of behaviour and coercive control, verifying and examining violence-supporting narratives and behaviours and predicting the likelihood of future violence
- demonstrate a fair and just way of working with all family members
- hold the perpetrator accountable for their violence against family members
- build the perpetrator’s understanding about the impact of their behaviour on their child’s safety and wellbeing
- work collaboratively with service providers and other relevant agencies, including Victoria Police, to refer perpetrators to appropriate family violence services with a view to enhancing their readiness and capacity for change
- work collaboratively with services and Victoria Police to hold men accountable for their behaviour and ensure the safety of all persons.
How to engage perpetrators of family violence
Child protection practitioners are in a position to influence outcomes for a perpetrator and perpetrators are aware of this. This holding of power will likely be a direct threat to the perpetrator’s own self-view as holders of power in their relationship. Their interactions with a practitioner will be about changing the power balance back to them. It is important, while being open and willing to listen to the perpetrator, practitioners keep in mind that perpetrators can be skilled manipulators. A perpetrator may seek to use a practitioner, or other professionals, to portray themselves as the victim and/or, by befriending a practitioner to further marginalise and abuse the affected parent. Perpetrators may engage in grooming behaviours or position themselves as dominant during their contact with child protection. In order to ‘test’ the information elicited from contact with the perpetrator, affected parent and other family members, practitioners should always access multiple sources of information, carefully correlate them and apply clinical judgement.
When engaging with the perpetrator of family violence during interviews or other meetings, practitioners should be genuine, curious and engaged. This stance should contribute, and not detract, from the ability to ask the perpetrator specific questions to elicit their views on their use of violent and/or controlling behaviours and its impact on each of their children. Practitioners should not act in a judgemental or punitive way and should be willing and open to hearing their experiences and perspectives. Perpetrators of family violence will engage with a practitioner much better if they are interested, curious and willing to listen to them. This does not mean the practitioner is colluding. A practitioner can acknowledge their story without being seen to agree with them.
Quickly assessing the perpetrators perception of the level of their responsibility for their behaviour will guide further engagement conversations with them. Practitioners should consider the following:
- Are they minimising, denying & blaming?
- What is their level of motivation?
- What is the level of responsibility the perpetrator is willing to take for their behaviour?
Practitioners should engage in reflective practice and discuss the perpetrator’s presentation and behaviour towards them with a supervisor. Reflective practice and supervision are important tools to assist practitioners to understand the impact the perpetrator’s presentation may be having on the assessment of their behaviour.
Consultation with the specialist family violence worker or senior child protection practitioner (family violence) can assist practitioners to plan engagement with a perpetrator and to ensure any risk this may pose to the child, affected parent or practitioner is managed and minimised. These positions provide expert knowledge and skills in engaging families impacted by family violence and how to navigate the family violence sector. For further information see the Family Violence Child Protection Partnership - service description.
Risk is dynamic, wherever possible and safe to do so, engagement with the perpetrator should be ongoing over the course of an investigation or intervention with the family.
Safety remains a primary outcome when engaging with a perpetrator. It is important that practitioners are wary that interacting with perpetrators has the capacity to increase risk for the adult victim survivor, child, other family members as well as the practitioner and other professionals involved. See when it is not safe to engage with a perpetrator below.
When it is not safe to engage with a perpetrator
Practitioner engagement with perpetrators can unintentionally increase risks to children and adult victim survivors as well as pose risks to the practitioner themselves. For example, if the perpetrator has become aware the adult victim survivor or child has shared information about their behaviour they may perceive this as a loss of control which may increase the risk of violence.
Safety, both personal and to children and affected family members, must always be the paramount consideration when planning to engage with a perpetrator. It is important to take into account the adult victim survivor’s perspective on risk and take this seriously. (As noted above, the adult victim survivor should be provided with assistance from an independent advocate or support service to articulate their views).
If the practitioner determines the level of risk may be increased by undertaking the interview, the practitioner should seek advice from your supervisor, specialist family violence service, or other appropriate parties about planning for and reducing risk prior to the interview. Where the primary concern is for practitioner safety, this may be able to be mitigated by conducting an office interview. In circumstances where there is information to suggest a crime has been committed or there are concerns for practitioner safety, practitioners should contact the relevant Victoria Police Family Violence Unit to discuss alternative approaches to interviewing the perpetrator and keeping the child and adult victim survivor safe.
If risk cannot be managed, practitioners must not proceed to interviewing the perpetrator. The practitioner should document the rationale for not interviewing the perpetrator, and the consultation with their supervisor, clearly on CRIS. Where another professional has indicated risk may increase by conducting an interview with the perpetrator ask if they would be able to confirm their concerns in writing and document this on CRIS.
In circumstances where it is determined that engagement with a perpetrator has potential to threaten the safety of practitioners or increase the risk of harm to the adult victim survivor or a child, practitioners should notify the relevant Victoria Police Family Violence Team and any other relevant services involved with the family. Comprehensive information about the decision not to engage should be provided and alternative approaches to keeping the child and adult victim survivor safe discussed. Consideration should also be given to referring the family to the Risk Assessment and Management Panel (RAMP).
Where a perpetrator is assessed as too high risk to be interviewed and engaged, practitioners should consider carefully what this means for the risk the perpetrator poses to the child and adult victim survivor. Existing risk assessments should be reviewed, and new risk assessments should be undertaken periodically and whenever circumstances change.
‘Hard to reach’ or ‘avoidant’ perpetrators
Perpetrators who are ‘hard to reach’ or avoidant of child protection and other services pose a particular challenge in terms of engagement, risk assessment and risk management. These are the perpetrators who may choose not to attend interviews, who may attend interviews but not engage in a meaningful sense and/or may not be able to be located or contacted. The inability to interview and/or engage a perpetrator poses challenges for comprehensive risk assessment and, as such, may reflect an increased level of risk to the child and adult victim survivor.
Where a perpetrator is avoidant, consultation should take place as soon as possible with a supervisor and practice leader or principal practitioner. Advice should also be sought from specialist family violence services and other relevant services that may have knowledge of the family and perpetrator.
A whole-of-service system response is required to respond to this population and child protection has a pivotal role in mobilising relevant services to manage the risk posed by avoidant perpetrators. For example, there may be other services involved with the perpetrator who are able to lead the engagement with them and encourage their cooperation with child protection. Services may provide child protection with documentation to demonstrate the efforts that have been made to engage and support perpetrators.
Where risk is assessed to be high, or there is insufficient information to inform a risk assessment, contact the relevant Victoria Police Family Violence Team. Provide Victoria Police with comprehensive information about the unsuccessful attempts to engage the perpetrator and discuss alternative options to keep the child and adult victim survivor safe.
ALWAYS
Ensure a consultation take place with a practice leader or principal practitioner if a perpetrator has not been interviewed. Document this consultation on CRIS. A practice leader or principal practitioner should also be consulted before closing an investigation where a perpetrator of family violence has not been interviewed.
Working with perpetrators who are in prison
Perpetrators who are in prison and who may resume a parenting role or some form of contact with the child or adult victim survivor upon their release should be interviewed and engaged in safety planning over the course of an intervention with a family, provided it is safe to do so.
While perpetrators in prison are likely to have engaged in significant violence, or other criminal activity that may pose a threat to safety, and careful consideration needs to be given to engaging with them, perpetrators who are in prison are in a controlled environment and security personnel are always present. Practitioners should contact Corrections Victoria when planning to interview a perpetrator in prison as part of their information gathering and to confirm safety arrangements for their visit. Where a perpetrator is due to be released from prison, practitioners should consider involving Corrections Victoria in safety planning for the child and the adult victim survivor.
Corrections Victoria develop case management plans prior to the release of a person from prison. Where a prisoner is being considered for parole, planning commences up to 12 months from their release. This planning involves a thorough assessment of the risk of re-offending, consideration of any specialist risk assessments, suitability of nominated address for release and assessment of motivation to participate in a period of parole. Where a prisoner is moving from prison to a Community Correction Order the timeframe to develop a case management plan can be much shorter.
Information that Corrections Victoria may be able to provide includes what services the perpetrator has been engaged in, if any, whether they have access to parenting support and what their quality of engagement with services and Corrections Victoria is. Where a perpetrator is due to be released, practitioners should discuss with Corrections Victoria what the case management plan is, including any safety plans that have been put in place to manage any risks the perpetrator may pose to the adult victim survivor and child.
Keeping the perpetrator in view
The MARAM framework provides practice guidance and considerations for keeping the perpetrator in view for effective and safe engagement. The guidance and considerations include:
- utilising information sharing legislation to understand the risk posed by the perpetrator’s behaviour, to provide a consistent response, and reduce prevalence and impact of family violence on victim survivors
- identifying the perpetrator’s pattern and history of abuse and violence
- engaging the perpetrator to assess and manage the risk of family violence
- perpetrator responsibility for the violence is evident in risk assessments, decision making, safety planning and risk management plans.
Practitioner safety
Practitioner safety is paramount. Child protection practitioners and other professionals must consider their own safety as the foremost concern when planning to engage or intervene with a perpetrator of family violence. Practitioner safety assessments are not static, and the risk posed by a perpetrator to child protection practitioners, and other professionals working with the family, must continually be reviewed and discussed with a supervisor. Additionally, practitioners must be aware that heightening the anxiety of a perpetrator has the potential to raise the risk of harm to family members and practitioners alike. Practitioners undertake an L17 Historical Search Portal review to understand a perpetrators pattern and history and assess worker safety concerns prior to planning a meeting with a perpetrator. In a small number of cases, it may not be safe for the practitioner, the child or the adult victim survivor for the practitioner to engage with the perpetrator. See when it is not safe to engage with a perpetrator above.
Refer to the following for further information about practitioner safety:
- Worker safety checklist
- Staff safety in the workplace
- National police history checks for worker safety
- Joint visits with Police (see section on joint visits for the safety of child protection practitioners).
Phases and stages of working with perpetrators of family violence
L17 Family Violence Portal Historical search
If not previously completed, practitioners must conduct an L17 Family Violence historical search to understand the perpetrator’s pattern and history of family violence, frequency, the nature of the violence (such as significant physical or verbal abuse, including threats to kill). Please note, this search function is logged and audited and should only be used to assist the supported client.
Seeking information
- What has happened and what is the pattern and history of family violence (consider the perpetrators relationship with the adult victim survivor and any previous partners or family members)?
- What information is held by other services that may help inform the initial risk assessment, including any MARAM assessments undertaken?
- Is information required from Victoria Police to inform the initial risk assessment? (Noting, requests for criminal history checks, where necessary, should be directed to Victoria Police records services division. Where information is required urgently in matters considered to be high risk, or information is sought about previous family violence reports, contact the local Victoria Police Family Violence Unit.)
- Is the perpetrator from a diverse background or have intersecting needs such as mental health issues or drug and alcohol issues?
- Are there any intervention orders or other court orders in place, including Family Law Act 1975 orders?
- What options are available to keep the child safe?
Risk assessment
- Does the information gathered support the initial report and/or assessment’s identification of the perpetrator and victim (noting in some circumstances a victim may be wrongly labelled as a perpetrator and vice versa)?
- How will engaging with the perpetrator impact on the level of risk the perpetrator poses to the child and adult victim survivor? How will this risk be managed? Has the adult victim survivor been involved in the development of a comprehensive and up-to-date safety plan?
- How do we create accountability for the perpetrator and the ability to work with them?
- Are we planning for a family that may, or is likely to, reunite?
- If the family were to reunite what safety plans would be required to minimise the risk posed to the child?
- Is all the above possible from an ethical and safe perspective, including cultural safety?
- What does the information obtained from the L17 search and from engagement with the perpetrator tell us about family violence risk factors to inform the risk assessment?
Remember: risk assessments occur at a point in time. Family violence factors are dynamic and can change quickly, practitioners must remain active and proactive in monitoring change or escalation in family violence risk factors.
Formulating plans and actions
- What co-ordinated approach can we take to ensure safety of children in family violence situations? Noting safety planning must draw on risk assessments and MARAM assessments conducted on all parties.
- Does the safety plan draw on risk assessments conducted in relation to all family members?
- What actions can be taken to ensure information provided by the child or affected family member is not shared with the perpetrator?
- What is the MARAM risk rating and identified risk management approach?
- Are there any criminal or civil court proceedings underway?
- Who should be where (safe residency)?
- What supports should be in place for each member of the family?
- What referrals are required and for whom?
- Is a referral to a specialist service provider required?
- Is the family Aboriginal? If so, ensure a consultation has taken place with ACSASS and culturally appropriate service referrals have been made, including offering the family a referral to an Aboriginal Community Controlled Organisation with expertise in family violence.
- What actions (therapy, safety plans and approaches, men’s work, victim support, culturally specific programs which also acknowledges the potential for a unified approach) will result in a more nuanced (more sophisticated) response in the family violence area?
- How do we interact with perpetrators in ways that help us understand the issues they are working on – over and above just understanding ‘attendance’ at services or interviews?
- How do we collaborate with other services (who may, or may not, already be working with the perpetrator) to enable coordinated service approaches that prioritise the safety and wellbeing of the child?
- Victim survivors (adult and child) are good predictors of their own level of risk, so their experiences and self-assessed level of risk, fear and safety should always be included in planning and decisions.
Reviewing outcomes and risk assessment
- What tools can we use to measure behavioural change in the perpetrator?
- What tools can we use to understand dynamic risk in the circumstances of the case (similar to how we measure and understand risk for sexual offenders, for example)?
- Has the widest possible assistance been provided to the family? Has this created sufficient change to indicate the risk of family violence has decreased?
- Does the information and evidence held now change the consequence and probability of harm judgements?
- Has decision making been informed by a thorough risk assessment using all available information and evidence?
- Has the plan addressed the harm, risks and needs determined in the risk assessment?
Remember: frequently revisit the SAFER practice activities, seek, share, sort and store information throughout the investigation regarding perpetrator behaviour. Review the risk assessment and MARAM assessment as new information is received that changes the risk.
Interviewing perpetrators of family violence
Practitioners should make all reasonable attempts, where it is safe to do so, to interview a perpetrator of family violence who has, or will have a parenting role in the future.
Preparing for the interview
Practitioners should gather as much information as possible in relation to the perpetrator beforehand. This will assist to develop the interview approach, understand how the perpetrator might behave in the interview and develop plans to address any potential practitioner safety risks. Practitioners should consider seeking the following information:
- what have current and past family violence risk assessments undertaken, including by specialist family violence services, demonstrated about the perpetrator, their pattern of behaviour and risk?
- is police intervention required? For example, has a crime been committed or are there serious practitioner safety issues?
- is there sufficient information in an L17 (including from the historical search) or criminal history check or is further information from police required to inform the risk assessment?
- violent and/or controlling behaviour – what is it (pattern of violence, abuse and coercive control) and how many episodes have there been? Who is the violence perpetrated against and does the violence involve children?
- how dangerous is the perpetrator and what other factors might increase their level of violence, for example access to weapons, alcohol and drug issues?
- what is the perpetrator’s motivation to end their use of family violence?
- what is the perpetrator’s motivation to engage with services including child protection?
- what is the dynamic of the perpetrator’s relationship with the adult victim survivor?
- does the perpetrator use violence in other situations and towards people other than the adult victim survivor?
- what is the impact of violence upon the perpetrator’s parenting?
- what does the perpetrator perceive as the impact of their use of violence on the child?
- what is the perpetrator’s relationship with their extended family and community?
- what has been the outcome of previous attempts to engage the perpetrator, including previous periods of child protection involvement?
The information could be gathered from the following sources:
- previous risk assessments in the children’s CRIS file
- family members, especially adult victim survivors and children, noting practitioners should always interview adult victim survivors separately from perpetrators. Additionally, interview children separately from their parents wherever possible and permitted by their age and stage of development
- the history of child protection involvement as documented in CRIS, ensuring a CRIS search has been conducted on ‘person responsible for harm’ to identify other relationships and children that may have been impacted by the perpetrator’s use of violence
- information obtained from the L17 Family Violence historical search
- disclosure of criminal records though Victoria Police Records Services Division. In circumstances where the risk of harm to the child or affected family member is assessed to be significant information should be obtained directly through the relevant Victoria Police Family Violence Team
- court records of existing and historical intervention orders or Family Law Court orders
- women’s Family Violence Services – perpetrators may be known by women’s services because of their existing or previous partner’s involvement seeking help (this is a crucial piece of information in regard to assessment of pattern, history and risk of further behaviour)
- services such as Child FIRST or family services involved with the child or adult victim survivor as well as schools, kindergartens, day-care, health practitioners
- extended family
- details from previous or current attendance, if any, at Men’s Behavioural Change Programs
- Corrections Victoria.
Interviewing the perpetrator
Practice approaches for interviewing family members include:
- consider creating a genogram near the beginning of the interview – it will assist to think systemically and gather information about family and relationship histories
- interviewing family members separately – interviewing victims and potential victims in the presence of perpetrators legitimises the control and dominance of the family violence perpetrators and may place victims in a ‘no win’ situation
- interviewing children separately from perpetrators
- if possible interview children away from parents (may not be possible or appropriate for very young children)
- control the setting of the interview, for example ask the perpetrator to come into the office
- remember what they are trying to achieve and think about the purpose of the questions they want to ask
- think about how they can use plain language
- organise an interpreter if required.
Questions practitioners may consider asking the perpetrator:
- Have you ever been, or are you currently, involved with other services that have talked to you about your role as a parent or about any other issue which may be currently affecting you and your family? For example drug and alcohol services, mental health services, men’s behaviour change or parenting programs?
- How have you found your involvement with these services? What were your likes and dislikes?
- How did you experience parenting yourself? (your parents)
- Tell me about growing up in your family OR tell me about your parents when you were growing up. (Note, this is a less leading question than ‘did you experience family violence growing up’ and can be followed by another open-ended question such as ‘tell me more about that.’)
- What were your family’s beliefs about women’s and men’s roles and how relationships should work?
- Describe your (current) relationship(s)?
- [If any previous known relationships] –Tell me about your relationship with [name]. What happened in that relationship?
- [To establish the history of the perpetrators parenting] Tell me about raising [child’s name]. What happened when [child] was younger? What has been happening recently?
- Any there any court orders in place? If yes, from your point of view, why was the order made? OR I see there is a court order in place to [describe the court order of interest]. What happened for the court to issue that order?
- Using evidence of the perpetrator’s use of violence, for example a court order or the narrative of an L17, ask what do you think the impact of [describe episode of violence] had on:
- each of your children? Do you think it was different for each child?
- your relationship with each child?
- the adult victim survivor?
- the relationship between the adult victim survivor and the children?
When appropriate, follow-up all open-ended questions with “Tell me more about [disclosed information]” and “What happened when [disclosed information]” in order to probe for further detail on interesting parts of the narrative.
Note: be aware of how questions are framed so as not to collude with the perpetrator and that questions do not increase risk to the child or adult victim survivor.
Remember the purpose of the interview, look for:
- patterns of coercive control and abusive behaviours
- consequence and probability of harm
- specific instances of family violence
- risks
- frequency of family violence (all forms)
- duration of the family violence
- legal outcomes, for example Family Violence Safety Notices, intervention orders, other civil or criminal proceedings
- impacts on affected family members (as perceived by the perpetrator – noting the perpetrator, where identifying impacts, may seek to minimise them)
- changes associated with factors that may exacerbate risk
- level of risk – is it safe for the child and adult victim survivor?
- ‘hooks’ – in other words – is there anything important enough to the perpetrator that they would change their behaviour ‘because’ of it. For example, the thought of losing contact with their children due to violence may be a powerful external motivator to change behaviours
- level of motivation
- level of responsibility taken for behaviours.
Common reactions from perpetrators may include:
- denying
- minimising
- justifying
- blaming
- deflecting
- avoiding.
Assessing risk
Assessing risk posed by perpetrators
The SAFER Children framework incorporates the Multi Agency Risk Assessment and Management framework (MARAM) to assess family violence as part of an overall risk assessment. Practitioners should consult the specialist family violence worker or the child protection senior practitioner (family violence) for support and guidance as required.
The following are evidence-based risk factors for perpetrators of family violence. Serious risk factors (bolded) indicate increased risk of the adult victim survivor and/or child being killed or almost killed:
- Controlling behaviours
- Access to weapons
- Use of weapon in most recent event
- Has ever harmed or threatened to harm victim survivors or family members
- Has ever tried to strangle or choke the victim survivor
- Has ever threatened to kill victim survivor
- Has ever harmed or threatened to harm or kill pets or other animals
- Has ever threatened or tried to self-harm or suicide
- Stalking of victim
- Sexual assault of victim
- Previous or current breach of court orders/Intervention Order
- History of family violence
- History of violent behaviour (not family violence)
- Obsession/jealous behaviour towards victim
- Unemployed/ Disengaged from education
- Drug and/or alcohol misuse
- Mental illness/Depression
- Isolation
- Physical harm
- Emotional abuse
- Property damage
When completing a risk assessment, practitioners should always consider individual needs and risks of each child and the adult victim survivor, including consideration of the adult victim survivor and child’s views about the risks posed by the perpetrator. In order to feel safe to freely express their views, the adult victim survivor should be engaged with appropriate specialist supports that can advocate on their behalf as required. This is especially important when the adult victim survivor is Aboriginal. An adult victim survivor who is Aboriginal should always be offered a referral to an Aboriginal Community Controlled Organisation or other culturally competent service provider with expertise in assisting victims survivors of family violence.
In a family with multiple children, the level of risk a perpetrator presents to each child may be different and can change over time. As with any risk assessment the level of risk posed to the child should be assessed through the lens of the child’s age, stage and development. However, it is also important to assess the level of risk in accordance with the dynamics of family violence on a case-by-case basis and the potential for one or more children to be targeted. This could be for reasons including the gender of the child, the child’s relationship with the adult victim survivor, the child’s behaviours or an additional vulnerability such as a disability. Always conduct an individual risk assessment for each child.
In circumstances where there has been a recent separation in the relationship between the perpetrator and the adult victim survivor or an intervention that seeks to manage the risk posed by the perpetrator, for example an intervention order or other court order, the level of risk can acutely increase, and may result in a fatal family violence incident. To reduce and manage risk of further harm, careful and collaborative safety planning should be undertaken with the adult victim survivor, relevant services and, where required, Victoria Police.
See Assessing and managing family violence procedures for:
for tasks and actions that must be undertaken to assess and manage family violence risk.
Making referrals to a Risk Assessment Management Panel (RAMP)
In cases where it is assessed the perpetrator poses a high risk to the adult victim survivor or child’s life, health, safety or welfare, a referral to a Risk Assessment Management Panel (RAMP) may be required. Each area has a designated child protection panel member who attends the regularly held, usually monthly, meetings. RAMP referrals should be made to the family violence intake team at the specialist family violence service that employs the RAMP Coordinator.
Referral to RAMP is a secondary service response that follows referral to specialist family violence case manager. A referral is appropriate when it is considered that the development of a coordinated multi-agency plan is essential to keep women and children safe and avert the high risk of serious threat posed by the perpetrator. Practitioners should consult the specialist family violence worker and RAMP coordinator to discuss the possibility of a referral, or where one has already been made, to provide relevant information and discuss meeting outcomes and actions required.
Where a RAMP has already been held, the plan, including actions required by child protection should be incorporated into the safety plan. Practitioners need to be mindful that the holding of a RAMP is not to be disclosed to the perpetrator due to the high level of risk that this may pose to the family and services involved.
For detailed information on RAMP processes and functions, please refer to the RAMP Operational Guidelines located on The Lookout website.
Where there is threat to life, follow the Threats to kill a child, parent or carer - procedure and refer to the Threats to kill a child, parent or carer - advice.
Referral process and access to services
Child protection has a critical role in creating service linkages for perpetrators of family violence as a means to work as a part of a collaborative service system response, to hold perpetrators to account and to build their capacity to change their behaviour. Sharing risk assessments and risk management strategies with relevant services should be part of the referral process. It is important practitioners note that a perpetrator’s willingness to voluntarily engage with services may be contingent on their acceptance that their violence poses a risk to others and may change over time. Revisiting the question of service engagement and considering when to mandate it through the Children’s Court, should be determined on a case by case basis in consultation with a supervisor.
For information about family violence services and referral pathways see Family violence services including men’s behavioural change services - service description.
Victoria Police Family Violence Teams
Family Violence teams are comprised of general duties uniform police officers and provide an immediate response to family violence incidents. Their functions include conducting proactive investigations; managing cases of recidivist offenders and high-risk clients; monitoring all divisional family violence intervention reports and liaising with external agencies.
Practitioners who are working with a perpetrator of family violence who is assessed to pose a high level of risk to a child or adult victim survivor or who require further police information to inform a risk assessment should contact the relevant Victoria Police Family Violence Team.
Considerations for good practice
Applying a parenting lens
Maintaining a parenting lens when working with perpetrators is part of being child focused. For perpetrators who are parents, family violence is a parenting choice.
Research has found that the perpetrator’s role as a parent, step parent, or carer can be a significant motivator for behavioural change. Language is an important engagement tool. Using words like “father” or “mother” carry very clear roles and motivations. For example, ‘what kind of father do you want to be to your children?’
Perpetrators must be held accountable to high parenting expectations, consistent with all other parents in the community. Part of holding perpetrators to account for their parenting choices is being able to convey the expectations of good parenting and the consequences of using violence.
Men’s behaviour change programs discuss the role of fathers as an engagement and motivational tool for behavioural change. This assists men to recognise the impacts of their behaviour on their child and adult victim survivor. Practitioners should be prepared, where it is safe to do so, to talk to the perpetrator about their parenting and to use this as a tool to create safety and change.
Some men’s family violence services offer parenting programs to men once they have completed men’s behaviour change programs. It is important to note that parenting programs are not a replacement for men’s behaviour change programs but should be complementary.
It is important when appealing to perpetrators as ‘fathers’ or ‘mothers’ not to create unrealistic expectations about the level of involvement the perpetrator may have with the child and adult victim survivor into the future. Encouraging unrealistic expectations may increase and/or perpetuate the risk of violence and controlling behaviours towards the adult victim survivor and child.
Considerations for perpetrators from diverse backgrounds and/or with intersecting needs and experiences
Aboriginal families
The causes of family violence in Aboriginal communities are complex. Interrelated factors such as historical grief and trauma, dispossession of land and culture, institutionalisation, policies of assimilation, child removal (including the Stolen Generations) and factors such as economic and social disadvantage and racism have contributed to significant rates of family violence in Aboriginal people.
It is critical to understand that these factors, especially past policies of state-sanctioned oppression, forced assimilation and child removal, have resulted in profound levels of mistrust by Aboriginal peoples in the child protection and justice systems, and this may impact Aboriginal parents’ interactions with child protection practitioners. Consideration and understanding of these factors will provide practitioners with cultural context and represent a first step towards developing the cultural competence required to engage, work with and provide Aboriginal families with culturally appropriate support and assistance to address the risks and impact of family violence.
Referrals to Aboriginal Community Controlled legal and other services are important to assist protective Aboriginal parents to understand and effectively work with child protection practitioners in the best interests of their children.
Aboriginal concepts of violence are much broader than usual mainstream definitions of domestic violence and family violence better reflects Aboriginal people’s experiences (Aboriginal and Torres Strait Islander Social Justice Commissioner 2006). While statistically the majority of Aboriginal victims survivors of family violence are women and children, Aboriginal communities recognise that perpetrators of family violence are not limited to intimate partners but can also include any familial or domestic relationship or other relationships of mutual obligation and support, including mothers, fathers, children, aunties, uncles, grandparents and cousins (Humphreys 2007) – as well as non-Aboriginal partners as perpetrators.
Traditional Aboriginal culture is inherently inter-relational and inter-dependent. It is important to see child and family needs holistically, and to ask the views of the perpetrator and adult victim survivor, bearing in mind any potential risk, about who should be involved in assessments, interventions or activities (adapted from Miller and Noakes 2010). Practitioners should always seek the views of the adult victim survivor when involving additional family members in efforts to engage perpetrators to ensure risk to the adult victim survivor and child is not increased– noting the adult victim survivor may need the support of a culturally safe and trusted advocate to feel safe expressing their views to a child protection practitioner.
The following considerations may assist practitioners to engage with perpetrators of family violence who are Aboriginal (adapted from WA 2012):
- discuss how to maintain their confidentiality
- discuss their previous experiences of law enforcement and service provision
- ask what services feel most culturally safe and responsive, and discuss the importance of obtaining culturally safe, independent legal advice in relation to intervention orders and interactions with police.
- seek to understand any experiences they may have had with racism and/or stereotyping – this may be present or historical experiences
- understand the strengths and challenges arising from the close-knit nature of Aboriginal communities. While the closeness can be very positive for families, it can also place additional pressures in terms of felt or real privacy, confidentiality and anonymity.
- ensuring that Aboriginal definitions of family are respected during assessment, safety planning, case planning and case reviews.
- take into account the potency and special significance of the threat of child removal in Aboriginal communities.
- discuss how their involvement with child protection may affect perceptions of them in the community.
The involvement of Aboriginal services and programs when engaging with a perpetrator will help provide a culturally informed response. These services may be located within an Aboriginal controlled community organisation, or may be provided as part of an Aboriginal program or unit within another service. To locate an Aboriginal family violence service in Victoria practitioners should contact their local Aboriginal Controlled Community Service Organisation or contact No to Violence and the Men’s Referral Service.
Aboriginal services are best placed to respond to the unique needs (including cultural needs), perspectives and barriers experienced by Aboriginal people and to build the trust necessary to work effectively with Aboriginal people. Moreover, Aboriginal people have a right to be offered the choice of accessing a culturally safe service.
CALD families including refugees and asylum seekers
Some children from CALD families can be at a higher risk of experiencing family violence. This may be due to reasons including the perpetrator and adult victim survivor’s past experiences of trauma, cultural and social expectations around the roles of men and women in relationships and barriers encountered by people of CALD background when seeking help and accessing services.
Many families, particularly those who have come to Australia as refugees or to seek asylum, have experiences of trauma and dislocation. Some families may have experienced war or persecution in their country of origin, and many have significant grief and loss issues. In some cases, children and their families will have been transient for significant periods of time whilst seeking safety.
Further, families from CALD or refugee backgrounds may encounter a range of barriers to participation in Australian society. Some of these barriers will be a result of visa restrictions whilst others are shared by many families from culturally and linguistically diverse backgrounds who are new to living in Australia. Some common difficulties include:
- uncertainty about ongoing living arrangements, visa and residential status
- physical and mental health issues exacerbated by displacement and exposure to violence and trauma in their country of origin, including civil wars
- a lack of understanding about the role of child protection and a fear of what this may mean
- distrust of government
- language barriers and the need for an interpreter
- isolation and the absence of a social network
- limited transport access
- a lack of familiarity with the service system and limited access to government funded services
- financial issues, inability to seek employment or lack of employment and lack of recognition of skills and education
- a change in family power dynamics and gender roles which may challenge the pre-existing family dynamics
- feeling the need to protect the reputation of the family and community
- different parenting practices and a lack of understanding or awareness of community expectations about parenting
- racism and discrimination.
For some families these challenges are also risk factors and, particularly in instances where families have little access to support, may increase the likelihood of family violence occurring or a child coming into contact with child protection for another concern. It is important to note that perpetrators of family violence can use some of these difficulties as part of their abuse. For example, a perpetrator may convince the adult victim survivor that if they report the abuse they will have their visa cancelled or will be isolated from their community, particularly if the adult victim survivor’s visa status is dependent on their partner, which may be a reason for them choosing not to speak about family violence or seek help. There may also be forced marriage or dowry-related arrangements negatively affecting the power relationship between the adult victim survivor and the perpetrator and/or family. Threats may also be made against the adult victim survivor’s family overseas where Australian authorities will not be able to offer protection.
Engaging and intervening with perpetrators from CALD backgrounds is more likely to be culturally responsive if it:
- is informed by a good understanding of the relevant cultural values in relation to gender roles, parenting and child rearing
- is informed by an understanding of the perpetrator’s experiences prior to, and since arriving, in Australia, and provides space for the perpetrator to talk about any trauma or experiences of racism and cultural stereotyping
- seeks to understand the perpetrators’ awareness and knowledge of Australian laws (including visa situation), child protection, other authorities including Victoria Police and community services
- addresses barriers that the family might have encountered in using the services system, including provision of information about Australian laws
- mobilises and draws upon the child and family’s perspectives and values
- uses cultural concerns and language familiar to the perpetrator.
Multicultural services such as InTouch can provide secondary consultations, and case management for the adult victim survivor, as well as behavioural change programs for the offending parent, to address cultural complexities and to assist practitioners to work with families in a way that is culturally safe and responsive. It is important to note that the introduction of bi-cultural workers could be either a positive or negative experience for the family due to the possibility of the worker knowing the family, gender issues or differences in faith and politics. These situations need to be navigated with care.
There are CALD specific men’s behavioural change programs for South-East Asian and Arabic men, however these are only available in some areas. More information about these programs is available through the Men’s Referral Service.
Family members who identify as LGBTI
It is important to be mindful that family violence is not unique to heterosexual relationships and that power dynamics and behaviours of coercion, control and violence also exist in same sex relationships. Victoria Police data suggests that same sex couples experience similar rates of intimate partner violence as in heterosexual relationships. However, family violence in same-sex relationships can be under-reported due to the prevailing characterisation of family violence as intimate partner violence, typically involving a female victim and male perpetrator. Moreover, many LGBTI people have a fundamental distrust of mainstream services (including health and community services, police and the legal sector) due to fears of institutional or interpersonal prejudice, discrimination, or uneducated responses.
People who identify as LGBTI also face unique forms of family violence, including threats to ‘out’ a person, homophobia as a tool of control, refusal to acknowledge gender/sexuality, threatening to disclose HIV positive status, and the withholding of medications such as HIV medication or hormone treatment drugs.
Engagement with perpetrators who have used violence against a same-sex partner should occur in the same manner as with a perpetrator in a heterosexual relationship. It is important to be informed about how heteronormative views of family violence may impact on the way risk is assessed, both by professionals, and others connected to the perpetrator and adult victim survivor. In some circumstances perpetrators may seek to use dominant and misinformed beliefs about lower prevalence or risk posed by violence in same sex relationships to hide, minimise or avoid taking responsibility for their behaviour.
References
Aboriginal and Torres Strait Islander Social Justice Commissioner, 2006, Ending family violence and abuse in Aboriginal and Torres Strait Islander communities – Key issues: An overview paper of research and findings by the Human Rights and Equal Opportunity Commission, 2001-2006, Human Rights and Equal Opportunity Commission, Canberra.
Browne, J 2017, Engaging with perpetrators of family violence in a statutory child protection context: Evidence review, Centre for Evaluation and Research, Department of Health and Human Services, Victorian Government.
Humphreys, C 2007, Domestic Violence and Child Protection: Challenging Directions for Practice, Australian Domestic & Family Violence Clearinghouse, UNSW.
Miller, R & Noakes, R 2010, Child development and trauma specialist practice resource, State Government of Victoria, Melbourne.
Related procedures
- Threats to kill a child, parent or carer
- National police history checks for worker safety
- L17 Family Violence Portal Historical Search
- Assessing and managing family violence in intake
- Assessing and managing family violence during investigation phase
- Assessing and managing family violence during protective intervention phase
- Assessing and managing family violence during protection order phase
Additional information
- Joint visits with police - advice
- Threats to kill - advice
- Assessing and managing family violence in child protection - advice
- Working with perpetrators of family violence to reduce risk to children - tip sheet
- L17 Family Violence Portal Historical Search - advice
- Family violence services including perpetrator programs
- Family violence - specialist resources
- Worker safety checklist
- Staff safety in the workplace
- Family Violence Child Protection Partnership
- Our Watch, Respectful Relationships Education Toolkit
- No to Violence and Men's Referral Service
- InTouch
Practice Dictionary Definition

- A&PC
- ABI
- Aboriginal Best Start
- Aboriginal Child Placement Principle
- Aboriginal Child Specialist Advice and Support Service (ACSASS)
- Aboriginal Children in Aboriginal Care (ACAC)
- Aboriginal community
- Aboriginal Family Preservation Program
- Aboriginal Family Restoration Programs
- Aboriginal family-led decision making
- Aboriginal person
- ACCO
- Accountable undertaking
- ACP
- ACSASS
- Act (Act of parliament)
- Adduced
- Adjourn
- Adolescent community placement
- Adoption Act 1984
- Adoption and Permanent Care teams
- Adoption
- Adversarial
- Adverse childhood experiences
- Affidavit
- AFLDM
- Age and stage of life
- Age of criminal responsibility
- Age
- Agency
- Aggrieved family member
- AHCPES
- AIHW
- Amicus curiae
- Antecedents
- Appeal
- Apprehension
- ATSI
- Bail - own undertaking
- Bail justice
- Bail placement
- Bail
- Basic care provided
- Best interests framework
- Best interests plan
- Best interests planning
- Best interests principles
- Best Start
- Bill
- BIP
- BJ
- Blended families
- BPCP
- Breach
- CAHABPS
- CAHCPES
- CAHPS
- CAHS
- CALD
- CAMHS
- Care allowance
- Care and placement plan
- Care leaver
- Care team
- Carer
- CASA
- Case contract
- Case management
- Case manager
- Case plan
- Case planning
- CASIS
- CATT
- Caution
- Charge
- Charter for children in out-of-home care (the Charter)
- Child (criminal division)
- Child (family division)
- Child abuse
- Child care agreement (Voluntary agreement)
- Child centred and family focussed
- Child FIRST
- Child protection
- Child sexual exploitation
- Children, Youth and Families Act 2005
- Children’s Services Coordination Board
- Children's Court Clinic Drug Program
- Children's Court Clinic
- Chronologies
- CILO
- CIRMS
- CISM
- CISS
- CIU
- CLAN
- Client
- Committal proceeding
- Common law undertaking
- Community service organisation (CSO)
- Community service
- Community-based child and family services
- Community-based child protection
- Competency
- Competency-based training
- Complaint and Warrant
- Compulsory procedure
- Conditions
- Congenital
- Connection to culture
- Contact
- Contest mention
- Contest
- Conviction
- Costs (order)
- Court order
- CP
- CPLO
- CPS
- CPSU
- Criminal division
- Criminal history check
- CRIS
- CRISSP
- CSA
- CSO
- CSV
- Cultural competence
- Cultural development
- Cultural plan
- Cultural planning
- Cultural safety
- Cumulative harm
- Custody order
- Custody to Secretary order
- CYFA
- Defendant
- Deferral of sentencing
- Delegate/Delegation
- Development
- Developmental delay
- DINMA
- Directions hearing
- Disability
- Disclosure
- Diversionary role
- Division
- Doli incapax
- DV
- EAP
- Early years services
- East Division
- Ecological approach
- Ecological theory
- Education and learning
- Educational and medical expenses allowance
- Educational assistance initiative allowance
- e-Learning
- Emotional abuse
- Emotional and behavioural development
- Evidence
- Ex tempore judgement
- Exclusive jurisdiction
- Extension
- FA
- FAC
- Family group conference
- Family-led decision-making
- Family services
- Family violence
- Family Violence Information Sharing Scheme
- FVISS
- Felony
- FERIS
- FGC
- File review
- Finding solutions
- Fine
- FLC
- FLDM
- FMO
- FOI
- Forced marriage
- Forensic medical examination
- Forensic procedure
- Forgotten Australian
- Former ward
- Formulation
- Foster care
- Foster carer
- FV
- FVISS
- Gatehouse Centre
- Gender equity
- Gender
- GLBTIQ
- GO
- Good behaviour bond
- Group conference
- Guardian/guardianship
- Guardianship to Secretary order
- H&CS
- HBC
- Harm
- Health information
- Home-based care (HBC)
- HR
- HRA
- HRI
- IAO
- IBR
- ID
- ILO
- Independent person
- Independent third person
- Indictable offence
- Indigenous
- Informant
- Information holder
- Information sharing entity
- ISE
- Init Invest
- Intellectual (or cognitive) development
- Intellectual disability
- Interim accommodation order (IAO)
- Interim protection order
- Intervention order
- Intersectionality
- IPO
- Investigation
- Irreconcilable differences
- Just culture
- Judgement
- Jurisdiction
- Juvenile justice
- Kinship care
- KnowledgeNet
- Koorie
- Koorie maternity services
- KPI
- LAC
- Lateral violence
- Lead tenant
- Legal representation
- LGA
- LGBTIQ
- Long term guardianship to Secretary order
- Looking After Children
- MACHL
- Magistrate
- Male Adolescent Program for Positive Sexuality (MAPPS)
- Mandate
- Mandatory reporting
- MAV
- MCC
- MCH Nurse
- MCH Service
- MCH
- Mental health
- Men's behavioural change programs
- Mention
- Misdemeanour
- Model litigant
- MYJC
- Natural justice
- Neglect
- New placement allowance
- NFA
- NGO
- Non-accidental injury
- Non-accountable undertaking
- North Division
- Notice
- Notification
- OHS
- On foot
- Open court
- The Orange Door
- Out-of-home care
- PA
- Parent
- Parental capacity
- Parental responsibility
- Parentline
- Parole
- PASA
- PASDS
- PCO
- Permanency
- Permanent care order
- Permanent care
- Permanent carer
- Perpetrator
- Perpetrator accountability
- Personal information
- PHC
- Physical abuse
- Physical development
- PI
- Placement
- Police check
- Policy and funding plan
- Policy
- PPD
- Practice leader (family-led decision-making)
- Practice leader
- Pre-hearing conference
- Pre-sentence report
- President of the children's court
- Primary care partnerships (PCP)
- Probation
- Problem sexual behaviour
- Program and Service Adviser
- Progression performance and development system
- *Practice Clinics
- Protected from harm
- Protection application
- Protection order
- Protective intervener
- Protective plan
- Protective services
- Protocol
- PS
- QEC
- RCH
- Record of interview
- Referral
- Refuge
- Refugee Minor Program
- Region
- Registrar
- Registration
- Regulations
- Remand
- Remote witness facility
- Report about child
- Residential care services
- Resilience
- Respite
- Response
- Restitution/compensation
- Restorative justice principles
- Reunification
- Risk
- Risk assessment
- RMP
- Rules (Children's Court Rules)
- Safety
- SCO
- Secondary services
- Secretary
- Secure welfare
- Self-care skills
- Self-determination
- Senior child protection practitioner (community based)
- Senior child protection practitioner
- Sensitive information
- Sentencing order
- Serious neglect
- Service agency
- Service of a court application/document
- Sexual abuse
- Sexual Crimes Squad
- Sexually abusive behaviour treatment services (SABTS)
- Shared care
- Shared family care (SFC)
- Shared stories shared lives
- Show cause
- Sibling group
- Significant harm
- SO
- SOC
- Social isolation
- SOCIT
- SOS
- South Division
- Specialist family violence services
- Spiritual development
- Spouse
- Standing
- State guardianship fund
- Statutory declaration
- Statutory intervention
- Statutory services
- Step by step Victoria
- STI
- Stolen Generations
- Struck out
- Substance use
- Substantiation
- Summary offence
- Supervised custody order
- Supervision order
- Supervision
- SWS
- Take Two
- Temporary assessment order (TAO)
- Tertiary services
- TFC
- Therapeutic
- Therapeutic foster care (TFC)
- Therapeutic treatment order (TTO)
- Therapeutic treatment placement order (TTPO)
- Therapeutic treatment report (TTR)
- TIS
- Torres Strait Islander
- Transition plan (or exit plan)
- Trauma
- TTB
- Undertaking
- Undisclosed placement
- Universal services
- VALS
- Variation
- VATE
- Victim Impact Statement
- Victim survivor
- Victorian Children's Council
- Violence
- Viva voce evidence
- VLA
- Voluntary placement
- VRF
- Vulnerable
- Ward
- Warrant
- West Division
- White paper
- Working with Children Check (WWCC)
- WWCC
- Youth attendance order (YAO)
- Youth justice centre order
- Youth justice group conference
- Youth justice
- Youth residential centre order
- Youth supervision order
A&PC
Adoption and Permanent Care
ABI
Acquired brain injury.
Aboriginal Best Start
Aboriginal Best Start projects have been established to make sure that local Aboriginal communities and organisations are given every possible opportunity to influence outcomes for their children and families. These projects are designed to empower communities and families and develop broad cross-sectoral partnerships across all early years services to improve outcomes for Aboriginal children and their families.
Aboriginal Child Placement Principle
A nationally agreed standard in determining placement of Aboriginal children in out-of-home care. The principle aims to enhance and preserve Aboriginal children’s cultural identity by ensuring that they maintain strong connections with family, community and culture. The principle governs the practice of child protection practitioners and community services when placing Aboriginal children and young people in out-of-home care. The principle is enshrined in the Children, Youth and Families Act 2005.
Aboriginal Child Specialist Advice and Support Service (ACSASS)
Service specifically funded by the department to provide advice and consultation services to child protection practitioners in relation to all Aboriginal children reported to child protection and all significant decisions including placement and case planning, during child protection involvement. In Victoria the service is known as the Aboriginal Child Specialist Advice and Support Service (ACSASS). The service is operated by the Victorian Aboriginal Child Care Agency (VACCA) in all locations with the exception of Mildura, where the service is operated by the Mildura Aboriginal Corporation. The ACSASS service operated by VACCA is sometimes referred to as 'Lakidjeka’ and in Mildura it is sometimes referred to as ‘MAC/ACSASS’.
Aboriginal Children in Aboriginal Care
Aboriginal Children in Aboriginal Care (ACAC) is a program that enables an approved Aboriginal Community Controlled Organisation (ACCO) to take on responsibility for an Aboriginal child’s case management and case plan. This allows the ACCO to actively work with the child’s family, community and other professionals to develop and implement the child’s case plan and achieve their permanency objective in a way that is culturally safe and in the best interests of the child.
Section 18 of the CYFA enables the Secretary of the DHHS to authorise the principal officer of an Aboriginal agency to undertake specified functions and powers in relation to a Children’s Court protection order for an Aboriginal child or young person.
Responsibility for Aboriginal children on the following protection orders made in the family division of the Children’s Court can be transferred to authorised ACCOs:
- family preservation orders
- family reunification orders
- care by Secretary orders
- long-term care orders.
The ACAC program does not include Interim accommodation orders or orders made in the criminal division of the Children’s Court.
Aboriginal Community
Traditional kinship relations continue to play a significant role in Aboriginal communities. While Australian family life often centres on the nuclear family made up of parents and children, Aboriginal family life includes grandparents, aunts, uncles, cousins, second cousins and the Aboriginal community or ‘Mob’. An Aboriginal person’s land, sea, sky, rivers, sites, seasons, plants and animals; place of heritage, belonging and spirituality; is called ‘Country’. Highly respected Aboriginal people held in esteem by their communities for their wisdom, cultural knowledge and community service are referred to as elders. They are often responsible for making decisions within the community.
Aboriginal Family Preservation Program
The Aboriginal Family Preservation Program (AFPP) works intensively over a period of up to 12 weeks with families referred by child protection, with the aim of family preservation or reunification. The program's practice approach is grounded in Aboriginal culture and provides intensive family support, practical assistance and parenting education to address protective concerns thereby reducing need for placement of children in out-of-home care and enhancing the opportunity for reunification. AFPP services are available in Mildura, Swan Hill, Shepparton, Dandenong (for the Southern division) and in the local area and surrounds of Bairnsdale and Morwell.
Aboriginal Family Restoration Programs
Aboriginal Family Restoration Programs aim to prevent future harm and disadvantage for the most at-risk Aboriginal children by strengthening their parents’ capacity to safely care for them. The programs are based upon a holistic response to Aboriginal family breakdown to ensure the safety of Aboriginal children where there is a risk of the child being placed in out-of-home care, or the possibility of reunification. The program generally offers similar services to AFPP but with the option of a residential service for the whole family where there is imminent risk of the children being placed. AFRS programs are located in NWMR, Echuca and Morwell.
Aboriginal family-led decision making
Aboriginal family-led decision making (AFLDM) is a culturally based approach to decision making and planning with Aboriginal families about the safety needs of their children and how these can be met. Referrals to the program from child protection are considered once abuse or neglect of an Aboriginal child is substantiated. The AFLDM conveners – one from DHHS child protection and one from the Aboriginal community – meet with the family and relevant community members to make decisions about how to respond to protective concerns and keep the child safe in future.
The model utilises traditional Aboriginal approaches to solving family problems and involves Aboriginal elders, the child and extended family. Consideration is to be given to an AFLDM for decision making in relation to best interests planning and placement planning.
Aboriginal person
Aboriginal person means a person of Aboriginal or Torres Strait Islander descent who identifies as Aboriginal or Torres Strait Islander and is accepted by an Aboriginal or Torres Strait Islander community.
This is a defined term under the CYFA (s. 3) and is used in specific contexts in the Act, for example, in s. 18.
ACCO
Aboriginal Community Controlled Organisation.
Accountable undertaking
A sentencing order in which a charge is dismissed upon a child giving an undertaking. Non-compliance with the undertaking may result in re-sentence.
ACP
Adolescent community placement.
ACSASS
Aboriginal Child Specialist Advice and Support Service
Act (Act of parliament)
A law passed by a legislature and given Royal assent.
Adduced
To present (a fact) as a supporting reason, piece of evidence.
Adjourn
For a court to postpone, put off the hearing of a case to a later time.
Adolescent community placement
Adolescent community placement is a home based care model for young people 12 years to 18 years of age who are unable to live with their families for a range of reasons. Adolescent Community Placement enables young people to reside in a home like environment with the support and supervision of approved and accredited caregivers.
Adoption Act 1984
The legislation which sets out the legal requirements for adoption, including agency approval and gazettal of counsellors, procedures for giving consent to adoption, guardianship of the child relinquished for adoption, eligibility of applicants for adoption, legalisation of adoption through the granting of an adoption order, ongoing contact and information exchange, and access to information provisions.
Adoption and Permanent Care teams
Adoption and Permanent Care (A&PC) teams are specialist child placement services with expertise in permanent family placement. There are four DHHS divisional teams and six CSO teams. Catholic Care deliver the local infant adoption program statewide. A&PC teams recruit, educate, assess and approve applicants for both adoption and permanent care. Upon referral from child protection, A&PC teams match children with permanent carers and supervise those placements for about 12-18 months after the children’s court makes a permanent care order. They also provide relinquishment counselling to birth parents considering placing their child for adoption and match children with approved adoption applicants.
Adoption
Adoption is a way to provide an alternative permanent family for a child who is unable to live with their birth family on a long term basis. The effect of an adoption is that it makes the adoptive parents the child’s legal parents as though the child had been born to them.
Adversarial
Hearings are referred to as ‘adversarial’ because each party tries to establish their case and disprove the other parties’ case, rather than seeking common ground, compromise and agreement.
Adverse childhood experiences
Adverse childhood experiences are childhood experiences that have an impact on a person’s physical health and psychological wellbeing in their adulthood. Adverse childhood experiences include:
- emotional abuse
- psychological abuse
- physical abuse
- sexual abuse
- neglect
- exposure to substance misuse or abuse
- exposure to mental illness
- exposure to family violence
- exposure to criminal behaviour.
Affidavit
A written statement made by a person who has sworn or affirmed before a person authorised to administer the oath that the contents of the statement are true and correct.
AFLDM
Aboriginal family-led decision making.
Age and stage of life
A child's age and stage of life, together with culture and gender, provides the starting point for understanding each child's unique circumstances and experiences. It impacts on every other dimension of a child's life. It provides a lens for viewing safety, stability and development for vulnerable children. Age and stage of life refers to the different childhood experiences from birth to adulthood. An infant, a toddler, a pre-school child, a child in primary school and an adolescent all experience safety, stability and development very differently. Age relates to the chronological age of a child and is usually described in months or years for example a three year old. Stage of life is broader than age and may cover a period of several years and is socially as well as chronologically defined for example puberty is a stage of life.
Age of criminal responsibility
The age at or above which a person can be charged by police with committing a criminal offence. In Victoria the age of criminal responsibility is 10 years. A person under 10 cannot be charged by police with committing an offence.
Age
In the absence of positive evidence as to the age of a child, age means apparent age.
Agency
Refers to community service organisation (CSO).
Aggrieved family member
An applicant for an intervention order who is related by blood or intimate relationship to the defendant.
AHCPES
After Hours Child Protection Emergency Service. Operates outside normal business hours and responds to urgent child protection matters.
AIHW
Australian Institute of Health and Welfare.
Amicus curiae
Friend of the court.
Antecedents
The past history of a person, often used in the sense of his or her prior criminal history.
Appeal
A hearing in a higher court to determine whether or not a judgment of a lower court is correct in law.
Apprehension
The taking of a child or young person into custody either by a police officer or a child protection practitioner.
ATSI
‘ATSI’ is an acronym that stands for Aboriginal and or Torres Strait Islander. Its use should be avoided wherever possible as it is considered disrespectful by many Aboriginal and Torres Strait Islander peoples.
Bail - own undertaking
An undertaking in writing signed by an accused undertaking to attend court for the hearing.
Bail justice
A person appointed by the Attorney-General to make decisions out of court hours about whether a person charged with an offence should be remanded in custody or released on bail. Bail justices also make decisions relating to the short-term residential placement of children deemed to be at risk by DHHS child protection practitioners. Bail justices are employed in a voluntary capacity.
Bail placement
A placement set by bail conditions.
Bail
The right to be released from custody granted to a person who has been arrested and charged with a criminal offence on the condition that he or she return to court at some specified time together with any other conditions considered appropriate.
Bail may be granted or refused by a court, a bail justice or police officer.
Basic care provided
The provision of basic care means that the child's parents or other carers are meeting a child's individual needs for safety, stability and development. A child's basic needs include their physical, social and emotional needs and the nature of their needs will also depend on their age and stage of life, culture and gender. Physical needs may include food, liquid, warmth, shelter, clean and appropriate clothing, adequate personal hygiene, and timely access to appropriate medical and dental care where needed. Social and emotional needs may include emotional warmth, stimulation, consistency, guidance and boundaries. Development includes the child’s age, stage of development, culture and gender.
Best interests framework
The best interests framework for vulnerable children and youth presents the best interests principles and associated principles and provisions of the CYFA in a coherent policy framework in order to assist professionals to apply these principles in their day-to-day practice. It incorporates four dimensions of a child’s experience; safety, stability and development in relation to their age and stage, culture and gender and three categories of the child’s relationships; parent/carer capability, family composition and dynamics, and community participation, social and economic environment.
Best interests plan
The best interests plan is the formal plan that guides assessment, planning and action by child protection practitioners, and contracted case managers of CSO’s, for a child subject to a protective intervention. The best interests plan incorporates, as appropriate, a statutory case plan (s167 CYFA), cultural plan (s176 CYFA), and stability plan (s170) and other plans as they relate to care and placement, family reunification, education, leaving care, and crisis management.
Best interests planning
Best interests planning is the collaborative decision-making and planning process undertaken for a child who is the subject of a protective intervention. It sets goals, responsibilities and review processes to implement the best interests and decision-making principles of the CYFA.
Best interests principles
The best interests principles that apply as the paramount consideration to the court, child protection and community service organisations operating under the CYFA, specified in Section 10.
Best Start
Best Start is a whole of government early years project auspiced by the Department of Education and Early Childhood Development (DEECD) that aims to improve the health, development, learning and well-being of all Victorian children, from before birth through to school. Best Start supports communities, parents, Elders, families and service providers to improve early years services so they are more responsive to local needs.
Bill
See legislation
BIP
Best interests plan.
BJ
Bail justice
Blended families
Blended families are two-parent families where some or all of the children living in the family are not the natural children of both parents.
BPCP
Beginning practice in child protection – orientation program for new child protection practitioners.
Breach
A failure by a person to comply with a court order.
CAHABPS
Central After Hours Assessment and Bail Placement Service provide an outreach response to young people who are at risk of remand to a youth justice facility or requiring a bail placement. The service operates between 5.00pm and 2.00am weekdays and 9.30am — 2.00am on weekends and public holidays.
CAHCPES
Central After Hours Child Protection Emergency Service
CAHPS
Central After Hours Placement Service supports the After Hours Child Protection Emergancy Services (AHCPES) and Streetworks Outreach Service (SOS) by identifying suitable placement options for children and young people needing out-of-home care.
CAHS
Central After Hours Services. A suite of co-located services that provide statewide services after business hours.
CALD
CALD is an acronym that stands for culturally and linguistically diverse. CALD can be used as an inclusive term, similar to “multicultural”, to describe Australia's cultural and linguistic variety.
CALD is generally used to refer to those who originate (or have parents who originate) from a country where English is not the dominant language or where cultural norms and values differ from the predominant cultural norms and values present in Australia. Typically, this means CALD peoples are not native-English-speaking Anglo-Saxons/Celtics or Aboriginal and Torres Strait Islander peoples. CALD peoples comprise a significant proportion of Australia's population.
Effective engagement with CALD families requires that practitioners are culturally competent through demonstrating respect for and understanding of culture. Such practice is linked to improvements in health and wellbeing for CALD families. It is important to be aware that CALD peoples may have had adverse experiences that impact on their capacity to trust practitioners. These experiences might include historical dispossession, collective grief, loss or trauma.
Different cultures use different child-rearing practices. However, the kinds of behaviours that cause harm – such as neglect, and physical, emotional and sexual abuse – are universal, and must always be addressed, regardless of cultural background.
CAMHS
Child and Adolescent Mental Health Service. Specialist mental health services, providing assessment and treatment services for children and young people up to 18 years.
Care allowance
Assessed and approved home-based carers are eligible to receive a care allowance that assists with the day-to-day costs of care. The allowance is intended to contribute to expenses incurred by carers in the course of proving home-based care for children such as, food, household provisions, utilities, clothing, recreational activities and entertainment. The care allowance is not a payment for a carer’s time or expertise. Similarly, it is not compensation for a carer who is not engaged in paid employment.
Care and placement plan
The purpose of a care and placement plan is to ensure that all children and young people in out-of-home care have a clearly developed plan that addresses their needs and all parties concerned with the care of the child or young person are clear about what they are expected to do to achieve the plan. The placement plan will always be guided by the case plan, where this exists. A care and placement plan records the detailed day-to-day arrangements for the care of the child or young person. It identifies how their long and short term needs will be met.
Care leaver
(a) A young person over the age of 16 years who has been on a guardianship or custody order and is moving out of care to independent living.
(b) The term ‘care leaver’ is also commonly used to describe an older person who grew up in care. In the past many people grew up in children's homes or institutions. Some were former wards of state while others were placed in care voluntarily by their families.
Care team
The care teams exists to strengthen communication and collaboration between carers, DHHS staff, community service organisation staff, other associated professionals, clients and their families, prompting all parties involved to consider the things any good parent would naturally consider when caring for their own children. The care teams develops the care and placement plan and contributes to the best interests planning process. The composition of a care team will vary depending on the specific issues and needs of the child and family, however it will always include the child protection practitioner, agency placement worker, the child’s case manager, the child’s carer and parents (as appropriate).
Carer
A carer has primary day-to-day responsibility for a child in out-of-home care and aims to ensure the safety and wellbeing of that child. A carer must be able to form a positive relationship with the child that provides warmth, nurturing, support, stability and guidance. By definition, a carer is not the child's parent. A kinship carer will be assessed and approved by child protection, a foster carer or permanent carers will be accredited and approved by a community service organisation. A carer is an integral part of the care team.
CASA
Centre Against Sexual Assault.
Case contract
A case contract is a formal written agreement between DHHS and a community service organisation regarding the case management of an individual child protection client by the CSO; or the provision of case management tasks on behalf of child protection.
Case management
Case management is the coordination and delivery of services provided as part of a best interests plan.
Case manager
The person allocated the primary responsibility of overseeing implementation of the child or young person’s best interests plan. This can be either a DHHS or CSO employee.
Case plan
Is the formal plan (s. 166 of the CYFA) that must contain all significant decisions for the child's present and future care and wellbeing of the child and the premanency objective for the child where protective concerns have been substantiated. The case plan for an Aborignal child placed in out-of-home care must address the cultural support needs of the child.
Case planning
Case planning in child protection practice relates to the process of planning with children and their families following substantiation of child protection concerns. All case planning processes must comply with the best interests principles in s.10 of the CYFA and decision-making principles in s. 11 of the CYFA. These sections set out the considerations that Child Protection must have when determining whether a decision or action is in the child’s best interests - they require Child Protection to actively and effectively engage families and children (in age-appropriate ways) in the decision-making process.
The case planning process results in the development of a case plan
CASIS
Client And Service Information System. Former child protection electronic database replaced by CRIS.
CATT
Crisis Assessment and Treatment Team. Mental Health Services psychiatric triage. A 24 hour information, assessment, treatment, referral and support service for any person who may be in psychiatric crisis.
Catchment area
A catchment area is the geographical area for which the service is provided – for example a local government area.
Caution
A formal caution issued to a young offender by a senior police officer in the presence of a parent following which no court proceedings are brought.
Charge
A document prepared by an informant and served on a defendant detailing an alleged offence by the defendant.
Charter for children in out-of-home care (the Charter)
The Charter provides a framework of principles to promote the wellbeing of children and young people in out-of-home care in child friendly language. The Charter should be displayed in all residential care settings and be made available for each child in out-of-home care. The Charter should be explained and discussed with children in an age appropriate manner.
Child (criminal division)
A person who at the time of commission of an alleged offence was aged between 10 and 17 inclusive but does not include any person who had turned 19 when a proceeding for the offence is commenced in the court.
Child (family division)
A person who is under the age of 17 or, if a protection order is in force in relation to him or her, is under the age of 18.
Child abuse
Is any action, or lack of action, that significantly harms the child’s physical, psychological or emotional health and development. The CYFA enables consideration of the pattern and history of harm and the impacts on a child’s safety, stability and development. There is an overwhelming body of evidence which indicates that chronic neglect, abuse and family violence are harmful and have a cumulative and detrimental effect on a child’s development. Child abuse can occur within a single incident or on multiple occasions and is categorised in the following manner:
(1) Physical abuse
(2) Sexual abuse
(3) Emotional/psychological abuse
(4) Neglect.
Child care agreement (Voluntary agreement)
Child-care agreements may be entered into by a parent wishing to place a child or young person in a voluntary out-of-home care placement.
Voluntary placements are those with no court order providing for the child or young person to live in a placement provided by a community service and where the parents (or in some cases the child or young person) may end the placement when they want to.
Section 135 of the (CYFA) allows a parent of a child to enter a written agreement with a service provider to place a child in the care of a service provider for the purpose of:
Supporting the child and his or her parent and
Encouraging and assisting the child’s parent to resume the care of the child.
Child centred and family focussed
Also referred to as child focussed family centred.
Child centred, family focussed practice is a collaborative strengths based approach that recognises that the best interests of the child will, in most circumstances, be met in the context of helping and supporting the child’s family to function well. This approach brings together the specialist resources provided by a professional and the knowledge, skills, concerns, decisions and plans of the family. The child centred aspect aims to ensure that the safety and wellbeing of the child remains of central concern and the family focused aspect seeks to bring about an improvement of each family’s circumstances by working in partnership with the family and building on their strengths. The approach also seeks to adopt a broad definition of ‘family’ that is inclusive of significant others in the child’s relationships network and to involve families in making choices about the resources and services they need.
Child FIRST
Child FIRST (Child and Family Information Referral and Support Teams) provide a community based referral point into family services. This is the entry point into integrated family services in a service area. Children and families are referred to Child FIRST where there are significant concerns about a child’s wellbeing. Child FIRST will assess the risk to and needs of the child and the family and prioritise accepted referrals on the basis of need, then allocate to family services.
Child protection
The Department of Health & Human Services has a statutory responsibility under the CYFA to provide child protection services for children and young people in Victoria under the age of 17 years in need of protection or, when a protection order is in place, children under the age of 18 years.
Child protection provides services to children, young people and their families aimed at protecting children and young people from significant harm. When a child or young person is assessed as being ‘at risk’ within the family, Child Protection will – in the first instance and in accordance with the law – take reasonable steps to enable the child to remain in the care of their family by strengthening the family’s capacity to protect them.
When, even with support, a child is not safe within the family, child protection will intervene to remove the child and bring the matter before the children’s court. If the resumption of care by the parents is not possible, child protection will work towards an alternative permanent family care arrangement, or an independent living arrangement, depending on the age and circumstances of the child or young person.
Child sexual exploitation
Child sexual exploitation is when a child is forced or manipulated into sexual activity. Child sexual exploitation follows a pattern of stages, where the child gradually has their autonomy and social connections eroded, making them vulnerable to exploitation. Men are most commonly the perpetrators and exploit both girls and boys. Children aged between 13 and 16 are at the greatest risk of sexual exploitation. Children who are clients of Child Protection, are placed in out-of-home care, or who frequently go missing - from home or placement - are at increased risk.
Children, Youth and Families Act 2005
Referred to as CYFA.
Victorian legislation that governs the child and family services sector.
Children’s Services Coordination Board
The Children's Services Coordination Board brings together key decision-makers across departments to lead coordination of activities impacting on children and young people. It is established under the Child Wellbeing and Safety Act 2005. The Board comprises the Chief Commissioner for Police and the secretaries of the departments of Premier and Cabinet, Treasury and Finance, Education and Training, Health & Human Services, and Justice & Regulation.
Children's Court Clinic Drug Program
A drug diversion program auspiced and conducted by the Children's Court Clinic to provide clinical drug assessment and referral to drug treatment for a young person charged with a criminal offence.
Children's Court Clinic
An independent body within the Department of Justice whose primary function is to make clinical assessments of children and families and to submit reports to Victorian children's courts in both child protection and criminal cases.
Chronologies
Chronologies can be used by child protection practitioners for different purposes such as court reports and case reviews. Helpful chronologies include:
- development of the child
- educational history
- court appearances
- child protection history – periods of involvement; key decisions
- contact with service and support systems
- medical history
- placement history
- social history
- history of contact (access).
CILO
Coordinating Interstate Liaison Officer.
CIRMS
Critical Incident Response Management System.
CISM
Critical Incident and Stress Management. Service provided by the Department of Health & Human Services, staffed by specially trained debriefers to assist employees who have been exposed to incidents that have the potential to affect their emotional wellbeing and physical health.
CISS
Child Information Sharing Scheme
CIU
Police Criminal Investigations Unit.
CLAN
Care Leaver Australia Network (CLAN) is a national support and advocacy group for people brought up in care and placed in a range of institutions including orphanages, homes, industrial or training schools administered variously by the state, religious bodies and other charitable or welfare groups. CLAN is primarily for people who were brought up in care prior to the 1990s, sometimes known as ‘Forgotten Australians’.
Client
Child protection refers to the child as the client; while working with the family and significant others.
Congenital
Congenital means existing at or before birth.
A congenital condition - also known as a birth defect, congenital defect, congenital abnormality, congenital anomaly or congenital malformation - is a condition present in a baby that occurs during intrauterine life. Congenital conditions may be detected during pregnancy, at birth or in early childhood, and may adversely affect the function or structure of a body part or alter metabolism or brain development.
Congenital conditions range in severity from minor to life-threatening and some cause lifelong disability or illness.
A large percentage of congenital anomalies cannot be linked to a specific cause, however there are some known causes and risk factors. These include:
- genetic factors (inherited anomalies or genetic mutations)
- advanced maternal age
- poor maternal diet and nutritional status (including inadequate access to sufficient nutritious food, maternal folate deficiency and excessive vitamin A intake)
- maternal infection during pregnancy
- maternal exposure to certain medications, pesticides, alcohol, tobacco and radiation during pregnancy
- maternal drug or alcohol use during pregnancy (foetal alcohol spectrum disorder).
Connection to culture
Connection to culture is the experience of being connected to aspects of your cultural identity, including cultural history and traditions of land, birthplace, ethnicity, practices, language, values and beliefs. Connection to culture is a fundamental human right.
Connection to culture, family and community enhances children’s resilience by providing social support, a sense of identity that is shared with others, and a shared vision of the future. Cultural stories, rituals and celebrations regarding trauma and recovery enable individuals to understand and put a context around their personal reactions to trauma and loss.
Practice that facilitates cultural connection - such as connecting with extended family and community, participating in cultural activities, and engagement with culture-specific services - can be empowering and healing, and work as a protective factor. However, the benefits of such practice can take years to manifest. If a child or their broader community does not value the child’s culture, developing such a connection can be stressful and distressing, and the protective factor can be inhibited.
Connection to culture is critical for Aboriginal children, and denial of this right can have devastating long-term consequences. The Aboriginal Child Placement Principle aims to ensure that Aboriginal children and young people are maintained within their own biological family, extended family, local Aboriginal community, wider Aboriginal community and their Aboriginal culture.
Committal proceeding
A court hearing in which the strength of the prosecution case is tested to determine whether there is sufficient evidence for a defendant to be required to stand trial in a higher court for an indictable offence. The test is ‘whether the evidence is of sufficient weight to support a conviction’.
Common law undertaking
A promise made to the court that is not based on any Act or Regulation.
Community service organisation (CSO)
An organisation providing a community service.
Community service
A service established to provide services to meet the needs of children, young people and families requiring care, support, protection or accommodation and of families requiring support.
Community-based child and family services
A community service established under s. 44 and registered under s. 46 of the CYFA.
Community-based child protection
Community-based child protection practitioners work collaboratively both with the child protection program and across the child and family services sector to support earlier and more effective intervention to vulnerable children, young people and their families.
Competency
Competency is the ability to perform a whole range of activities in a specific occupational or vocational area, transfer skills and knowledge to new situations, and to manage a wide variety of tasks within a job.
Competency-based training
Training to a set of related knowledge, skills, and attitudes (competencies) which are part of a job, role or responsibility, and which can be measured against accepted standards
Complaint and Warrant
An application for an intervention order.
Compulsory procedure
The taking of an intimate or non-intimate sample from, or the conduct of a physical examination of, a person charged with or found guilty of a criminal offence.
Conditions
Obligations included in a court order with which parent, child and/or other person must comply.
Contact
Contact of a child in out-of-home care with a person significant to the child, who does not have custody of the child, by way of a visit or other communication.
Contest mention
A court hearing in the criminal division at which the presiding judicial officer attempts to resolve the issues in dispute and, if resolution is not achieved, ensures that the issues are clearly identified, the witnesses the parties wish to call are available and that the estimated length of the contest is accurate.
Contest
A court hearing in the criminal division at which the presiding judicial officer attempts to resolve the issues in dispute and, if resolution is not achieved, ensures that the issues are clearly identified, the witnesses the parties wish to call are available and that the estimated length of the contest is accurate.
Conviction
This has a number of different meanings. The most common one relates to a criminal offence and means the offence has been proven and a conviction is recorded against the offender. A sentence can be imposed by a judge or magistrate ‘with conviction’ or ‘without conviction’. A sentence ‘with conviction’ involves greater condemnation of the offender than one ‘without conviction’.
Costs (order)
An order, by the court, that a party [or occasionally another person] pay some or all of the legal costs of another party.
Court order
The actions the parties or a party must do to carry out a decision made by a court. An order may be either interim or final.
CP
Child protection
CPLO
Child Protection Litigation Office
CPS
Community Policing Squad (a former name for the SOCIT).
CPSU
Community and Public Sector Union.
Criminal division
The criminal division of the children's court hears matters involving young people aged between 10-18 years who have been charged with a criminal offence. .
Criminal history check
A criminal history check is a check of all Australian police records for disclosable criminal matters about a person.
CRIS
Client Relationship Information System. Used by DHHS as an electronic system to manage client information.
CRISSP
Client Relationship Information System for community service providers.
CSA
Child sexual assault.
CSO
Community service organisation.
or
Custody to Secretary order
CSV
Community Services Victoria (A former name for Department of Health & Human Services, and the name prior to Health and Community Services).
Cultural competence
Cultural competence is a set of congruent behaviours, attitudes, and policies that come together in a system, agency, or among professionals to enable them to work effectively in cross-cultural situations.
For practitioners, this means the integration of attitudes, values, knowledge, understanding and skills that enable effective interventions with people from a culture different from their own. At an organisational or systems level, it means that practice, programs and policies are culturally congruent, reflecting respect for cultural diversity throughout all aspects of an organisation’s functioning.
Cultural competency sits on a continuum from cultural destructiveness (as exemplified by policies that led to the Stolen Generations) to cultural proficiency, where cultural diversity is highly valued, active research takes place and self-determination is promoted and supported.
With regards to Aboriginal and Torres Strait Islander peoples, the benefits of cultural competence include greater engagement with these communities, an appreciation of the richness and diversity of Aboriginal cultures and peoples, and better immediate and future outcomes for Aboriginal children and families.
Cultural competence is a core capability for child protection practitioners.
Cultural development
Cultural development is the growth of a child’s connection with their community and cultural network, resulting in a developed cultural identity, including cultural history and traditions of land, birthplace, ethnicity, practices, language, values and beliefs. Connection to culture, family and community enhances children’s resilience by providing social support, a sense of identity that is shared with others, and a shared vision of the future.
Cultural plan
A cultural plan is a formal plan (s. 176 of the CYFA) that sets out how an Aboriginal child, placed in out of home care, is to remain connected to their community and culture. The care team for a child, including the case practitioner (child protection or contracted agency), prepares, implements, and reviews the cultural plan. Aboriginal Community Controlled Organisations (ACCO) are responsible for supporting care teams to develop cultural plans and to ensure their accuracy and appropriateness from a cultural perspective. The cultural plan is approved by the CEO of the relevant ACCO and by the case planner.
While cultural plans as defined in the CYFA relate specifically to Aboriginal children, a cultural plan can be developed for any child in order to support their connection to their cultural background.
Cultural planning
Cultural planning relates to the process of developing a cultural plan in collaboration with children, families, and relevant members of their community and cultural network, to support and strengthen a child’s connection to their community and culture. As with case planning, when preparing a cultural plan, the best interests and decision-making principles in the CYFA apply (s. 10 and s. 11 of the CYFA). In preparing a cultural plan for an Aboriginal child, the additional decision-making principles for Aboriginal children and young people must be considered (ss. 12-14 of the CYFA). These recognise the principles of Aboriginal self-management and self-determination and set out requirements for both Child Protection and Aboriginal Controlled Community Organisations (ACCOs) to actively engage relevant members of the child’s Aboriginal community or communities, and other respected Aboriginal persons, in the decision-making process.
Cultural safety
Cultural safety has been described as an environment that is safe for people, where there is no assault, challenge or denial of their identity, of who they are and what they need. It is about shared respect, shared meaning, shared knowledge and experience of learning, living and working together with dignity, and truly listening.
Cumulative harm
Cumulative harm refers to the effects of multiple adverse or harmful circumstances and events in a child’s life. The unremitting regular impact of these experiences on the child can be profound and diminish a child’s sense of safety and wellbeing. Cumulative harm may be caused by an accumulation of a single recurring adverse circumstance or event (such as unrelenting low-level care), or by multiple circumstances or events (such as persistent verbal abuse and denigration, inconsistent or harsh discipline, and/or experiencing family violence).
Custody order
A custody order is an order made by the children's court that places a child in the care of someone other than their parent, and gives that person the right to have the daily care and control of the child; and the right and responsibility to make decisions concerning the daily care and control of the child.
Custody to third party order
A protection order that grants sole custody of a child to a person who is neither a parent or the Secretary of the Department of Health & Human Services but does not affect the guardianship of the child. Refer to s. 283 of the CYFA.
CYFA
Children, Youth and Families Act 2005.
Defendant
(1) A person charged with a criminal offence.
(2) The respondent to an application for an intervention order.
Deferral of sentencing
When sentencing a young person is put off until a later date (not more than four months away), usually to allow certain actions to be done and the young person's behaviour to be monitored.
Delegate/Delegation
A delegate is a person with authority to exercise a power assigned to the Secretary under legislation. The delegate's position title must be listed in the current instrument of delegation next to the section of the legislation granting the power. A delegate must exercise the power in accordance with relevant policies and guidelines.
Development
In the context of the Best Interests Framework, development refers to child development, which is a sequence of physical, lingual, intellectual and emotional changes that occur in a child from birth to the beginning of adulthood. This process is shaped by interactions between biological (nature) and environmental (nurture) influences, which results in a high level of variability in children’s developmental outcomes.
In the critical early years, the pace of development is most rapid. During this time and beyond, children need stable, sensitive, safe, loving and developmentally stimulating relationships and environments in order to reach their full developmental potential.
Development can be impacted by a range of factors, including:
- genetic factors and events during the prenatal period
- premature birth, low birth weight and health at birth, including whether the child is born with chemical dependency and/or foetal alcohol spectrum disorder
- general health - minor illnesses will have short to medium term effects, while chronic health conditions can have long-term effects
- nutritional deficiencies
- developmental delays or disability
- adversity in the physical and socio-economic environment
- interpersonal relationships, including attachment, parenting capacity and support networks
- experiences of violence, abuse and neglect, particularly perpetrated by a caregiver.
Culture, family, home and community all play an important role in supporting children’s development by providing experiences and opportunities for interactions with adults and peers that shape the child’s physical, intellectual, social, emotional, cultural and spiritual development.
Developmental delay
Developmental delay is a descriptive term used when a young child’s development is delayed in one or more areas compared to other children. These different areas of development may include:
- gross motor development: how children move
- fine motor development: how children manipulate objects and use their hands
- speech and language development: how children communicate, understand and use language
- cognitive/intellectual development: how children understand, think and learn
- social and emotional development: how children relate with others and develop increasing independence.
The term developmental delay is often used until the exact nature and cause of the delay is known. The significance of the delay is often only determined by observing the child’s development over time.
DINMA
Disease, Injury and Near-Miss Accident Form. This form is completed following injuries, accidents and stressful incidents, such as threats that have occurred during working hours.
Directions hearing
A court hearing in the family division at which the presiding judicial officer attempts to resolve the issues in dispute and, if resolution is not achieved, ensures that the issues are clearly identified, the witnesses the parties wish to call are available and that the estimated length of the contest is accurate.
Disability
Disability is an umbrella term for impairments, activity limitations and participation restrictions experienced by an individual. An impairment is a problem in body function or structure; an activity limitation is a difficulty in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations for example the ability to be engaged and interact socially.
There are different subtypes of disability, including:
- physical disability - may affect a person’s physical capacity and/or mobility, either temporarily or permanently
- cognitive disability - an umbrella term that encompasses various intellectual and cognitive deficits, including intellectual disability (and deficits too mild to qualify as intellectual disability), various specific conditions (such as learning disability) and problems that develop later in life through acquired brain injuries or neurodegenerative diseases like dementia. Cognitive disability may occur at any age.
- intellectual disability - a type of cognitive disability that involves impairments of intellectual functioning that impact adaptive behaviour in three areas: conceptual, social and practical. Originates before the age of 18 years.
- learning disability - a type of cognitive disability that impacts on information processing and use. Can reduce an individual’s ability to be successful with reading, writing and maths, and can also interfere with higher level skills such as organisation, abstract reasoning, long- or short-term memory and attention.
- developmental disability/delay - a term used when a young child’s development is delayed in one or more areas compared to other children. This term is often used until the exact nature and cause of the delay is known.
Disability is a complex phenomenon, reflecting the interaction between features of a person’s ability and features of the society in which he or she lives. Disability brings with it certain vulnerabilities and risks, including isolation and intersectionality - these risks can be mitigated via interventions to remove environmental and social barriers.
Disclosure
Disclosure is the telling or revealing of information. Disclosing usually involves the sharing of information that is:
- new or unknown
- important or serious
- a secret.
Diversionary role
Diversion refers to the provision of services in order to address problems and prevent the need for tertiary intervention.
Division
The department’s service delivery operations are organised into four geographical divisions North, South, East and West.
Doli incapax
A rebuttable presumption that a child aged between 10 and 13 inclusive does not know the difference between right and wrong and therefore is incapable of committing a criminal offence. The presumption may be rebutted by ‘strong and pregnant evidence’.
DV
Family violence
EAP
Employee Assistance Program. Is a independent personal counselling service and provides a limited number of counselling sessions to help staff clarify situations and difficulties and find appropriate management strategies.
Early years services
Early years services are those services provided to children and families in the years from birth to school attendance. Responsibility for early childhood services rests with the Department of Education and Training.
East Division
East Division comprises four service areas, Eastern Melbourne, Outer Eastern Melbourne, Goulburn and Oven’s Murray.
Ecological approach
The ecological approach is a theoretical foundation of child protection practice and informs the Best Interests Case Practice Model. The ecological approach incorporates systems theories and Bronfenbrenner’s ecological theory of human development. Bronfenbrenner (1975) argued the importance of the child’s relationship with their family, community and environment and that change should occur through family, community and environmental interventions whilst supporting the child. Understanding and assessing the child in the context of their family, community and environmental systems is essential to a meaningful intervention that increases safety, development and permanency.
Ecological theory
Ecological theory articulates the importance of the child’s relationship with the family and community, and creating change through environmental interventions whilst concurrently supporting the individual. The focus of practice is the person-in-environment. It acknowledges that social support is an essential component of practice and that social interventions can take many forms.
Education and learning
An element of the best interests dimension 'development'. It covers all areas of a child's cognitive development, and begins at birth where parents/carers encourage exploration, applauding approximations of success and providing comfort when a child is not successful. Education and learning includes opportunities for play and interaction with other children, access to books, acquiring a range of skills and interests and experiencing success and achievement. For older children, education and learning includes experiencing success and achievement through opportunities provided through school, vocational training, employment, voluntary activities and recreation.
Educational and medical expenses allowance
Carers of children and young people placed in home-based care placements by child protection are entitled to receive an education and medical expense allowance to assist in meeting education and health service needs of children and young people in their care. This allowance is in addition to and does not affect the regular fortnightly care allowance.
Educational assistance initiative allowance
The education assistance initiative (EAI) allowance was introduced to contribute to meeting the educational costs for children placed in foster care and kinship care by child protection. The EAI allowance is not available to permanent carers and special needs local adoption carers. The carers of children in voluntary home-based care without child protection involvement are also not eligible. There are two age bands for the EAI allowance; 5-11 years of age, and 12-18 years of age.
e-Learning
A method of learning on-line electronically.
Emotional abuse
Emotional abuse occurs when a child is repeatedly rejected, isolated, frightened by threats or is experiencing family violence. It also includes hostility, derogatory name-calling and put-downs, or persistent coldness from a person, to the extent where the behaviour of the child is disturbed, or their emotional development is at serious risk of being impaired.
Emotional and behavioural development
Emotional development is growth of a child’s feelings and emotional capabilities, including understanding that feelings and emotions are experienced by self and others, gaining the ability to identify them and understand why they occur, learning how to regulate them, and developing the ability to empathise with and support others.
Evidence
Evidence is material presented to a court to prove or disprove a fact. Evidence includes verbal or written statements of witnesses, documents and other items or objects.
The Evidence Act 2008 (Vic) is the principal Act introducing uniform evidence law into Victoria and applies to all proceedings (both civil and criminal) in all Victorian courts, however it does not affect the operation of the provisions of any other Act. The Children, Youth and Families Act provides that the Family Division of the Children’s Court may inform itself on a matter in such a manner as it thinks fit, despite any rules of evidence to the contrary (section 215(1)(b)).
In circumstances where the Evidence Act applies, evidence will be admitted if it is relevant to the case. However, relevant evidence may be excluded because:
- it is hearsay, the person giving the evidence did not see or hear it directly
- it is opinion evidence (unless an exception to this rule applies, for example if the evidence is relevant and given by a person with specialised knowledge, and that knowledge is based on the person’s training, study or experience and the opinion is wholly or substantially based on that specialised knowledge)
- evidence of judgments and convictions
- various categories of privilege, client legal privilege, privilege in respect of self-incrimination.
Evidence that is not excluded by a rule of admissibility may still be excluded by one of the discretionary or mandatory exclusions, for example if the probative value of the evidence is substantially outweighed by the danger that the evidence might be unfairly prejudicial to a party.
The standard of proof to which a fact must be proved is:
- in civil proceedings, on the balance of probabilities (more likely than not); and
- in criminal proceedings, beyond reasonable doubt.
The standard of proof of any fact in an application under the Children, Youth and Families Act 2005 (Vic) (CYFA) in the Family Division of the Children’s Court is the balance of probabilities (s. 215A of the CYFA).
However, for the purposes of s 162(1)(c) to (f) of the CYFA, in determining the likelihood of a future state of affairs or likelihood of future harm, the standard that the Court may have regard to is set out in s 162(3):
(a) the Court may find that a future state of affairs is likely even if the Court is not satisfied that the future state of affairs is more likely than not to happen;
(b) the Court may find that a future state of affairs is unlikely even if the Court is not satisfied that the future state of affairs is more unlikely than not to happen.
Ex tempore judgement
A judgment which is given immediately or shortly after a case is concluded. See judgement. An ex tempore judgment is usually oral rather than written.
Exclusive jurisdiction
A court has ‘exclusive jurisdiction’ if it is the only court which can deal with a particular type of case.
Extension
An order continuing the operation of a custody to Secretary order or a guardianship to Secretary order.
FA
Further action
FAC
Funded Agency Channel.
Family group conference
See family-led decision-making.
Family services
The family services program (including Child FIRST) is delivered by registered community service organisations across Victoria. Family services target vulnerable children or young people, aged 0 to 17 years and their families, or parents expecting a child where there are significant concerns about a child or unborn child. Family services are coordinated within service areas. Each area has a central intake, called Child FIRST.
Family violence
Family violence or domestic violence is defined by the Victorian Family Violence Protection Act (2008) as behaviour that controls or dominates a family member and causes them to fear for their own or another person’s safety or wellbeing. Family violence includes behaviour that: is physically, sexually or psychologically abusive; economically abusive; threatening; coercive; in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or causes a child to hear or witness, or otherwise be exposed to the effects of the above behaviour.
Family violence is characterised by a pattern of coercion and control. It takes many forms, but it is predominantly gendered violence, inflicted by men upon women and children.
Perpetrators of family violence are responsible for and make decisions about their use of violence - it is rarely indiscriminate.
Family Violence Information Sharing Scheme
The Family Violence Information Sharing Scheme (the Scheme) is legislation that permits sharing of information in relation to family violence risk assessment and risk management.
The Scheme does not interfere with or replace information sharing provisions as legislated in the CYFA. The Scheme grants additional powers to participating organisations to share and request information to help with assessing and managing risk of family violence.
The Scheme prioritises a child's right to be safe from family violence over any individual's rights to privacy, so that all risk-relevant information is able to be shared. It also enables information sharing without requiring that a threat escalate to the point that it is “serious”.
Family-led decision-making
Family-led decision-making (FLDM) is a process for making plans for a child or young person that involves meeting held with members of the family and extended family. FLDM (also referred to as family group conferencing) can happen when child protection has assessed that there is abuse or neglect, or where a child or young person is on a protection order from the children’s court, or where a child is being relinquished. The purpose is to bring family members together so they can be supported to make decisions about the child or young person.
Felony
Term no longer used in Victoria: see indictable offence.
FERIS
Front End Reception Information System.
FGC
Family group conference
File review
File review is the reading of all relevant material in a client file to assess, understand and inform recommendations about:
- Depth, quality and astuteness of the assessment, planning, decision making and case recording
- Effectiveness and quality of direct practice with children and their families
- Identify gaps in knowledge or practice to improve the quality of assessment, planning, decisions making and practice
- Identify systemic themes and issue to improve training, development and systems approaches.
Finding solutions
Finding solutions is a statewide mediation program to engage rapidly with young people and their families to provide mediation and support that helps them address the issues leading to potential family breakdown and to divert them from further involvement in the child protection and placement system.
Fine
A sentencing order requiring a child or young person to pay a sum of money; includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person.
FLC
Family Law Court
FLDM
Family-led decision-making.
FMO
Forensic Medical Officer. A medical doctor qualified to undertake a forensic medical examination.
FOI
Freedom of Information.
Forced marriage
Forced marriage occurs when “someone is married without freely and fully consenting, because they have been coerced, threatened or deceived” (National Roundtable on Human Trafficking).
Any marriage involving a child under 16 is illegal. A marriage involving a child aged 16 or over and under 18 is a forced marriage unless:
- the child consents, and
- there is parental consent, and
- a court order has been granted.
Forced marriage is illegal, and a violation of human rights. It disproportionately affects women and is considered a form of gender-based family violence. Forced marriage is not condoned by any mainstream faith, and it is overrepresented in culturally and linguistically diverse communities. It is believed to be under-reported in Australia.
Forensic medical examination
A medical examination conducted by a qualified FMO for the purposes of collecting evidence that can be used in court.
Forensic procedure
The taking of a sample from any part of the body of a person charged with or found guilty of a criminal offence (whether an intimate or a non-intimate sample or any other type of sample) or the conduct of any procedure on or physical examination of the body but does not include the taking of a fingerprint.
Forgotten Australian
A term that is sometimes used to describe a person placed in a range of institutions including orphanages, homes, industrial or training schools administered variously by the state, religious bodies and other charitable or welfare groups. The term Forgotten Australian comes from the title of the Senate Committee Report entitled Forgotten Australians - A report on Australians who grew up in out-of-home care as children tabled in the Senate by the Community Affairs Reference Committee in August 2004.
Former ward
A former ward of state is someone who as a child or young person was removed from the care of their family or guardian(s) and legally placed in the care of the state in accordance with the provisions of legislation of the time. Also referred to as state ward.
Formulation
Formulation is the bringing together of ideas, information and evidence to create and develop goals, actions and plans.
Foster care
Foster care is the provision of temporary care of a child up to 18 years of age, within a home based setting, by accredited and trained foster carers. CSOs are responsible for recruiting, training and supporting caregivers.
Foster carer
A foster carer is a volunteer carer who has been accredited and trained by a CSO to provide a home and care for children and young people unable to live at home.
FV
Family Violence
FVISS
Family Violence Information Sharing Scheme
Gatehouse Centre
A centre at the Royal Children’s Hospital staffed by a multi-disciplinary team that provide a range of assessment and treatment services for children when there are concerns of abuse.
Gender equity
Gender equity is the process of being fair to men and women. To ensure fairness, measures must often be put in place to compensate for the historical and social disadvantages that prevent women and men from operating on a level playing field. Equity is a means. Equality is the result.
Gender
Together with age and stage of life and culture, gender provides the starting point or lens for understanding each child's unique circumstances and experiences. It refers to the attributes assigned to males and females by societal norms. Gender affects a child's experiences and life chances because the expectations and assumptions that occur as a result of gender are entrenched within the community and wider social systems (education, judicial, employment, welfare, economic etc). The interface between children and these systems means that boys and girls experience the world differently and may be differentially affected by apparently similar events and circumstances.
GLBTIQ
LGBTQIA+
LGBTQIA+ stands for Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex and Asexual, and refers to the diverse nature of sexual orientation, gender identity and gender expression. The plus (+) is intended to be inclusive of all identities, including those that are not identified explicitly above.
GO
Guardianship order
Good behaviour bond
A sentencing order in which a proceeding is adjourned upon a child or young person signing a promise to be of good behaviour and to comply with any special conditions imposed by the court. Non-compliance with a bond may result in re-sentence. If the child or young person observes the conditions of the bond, the court must dismiss the charge.
Group conference
A court ordered formal meeting conducted by a convenor and attended by a young offender, police, legal representative, parent/guardian or other significant other and persons affected by the young person's offending. The group conference negotiates an outcome plan designed to assist the young person to take responsibility and make reparation for their offending. The underlying philosophy is ‘restorative justice’.
Guardian/guardianship
A legal guardian is responsible for the long-term welfare of the child, and has all ther powers, rights and duties of a guardian, other than the right to have the daily care and control of the child; and the right and responsibility to make decisions concerning the daily care and control of the child. (See definition in section 4 CYFA)
Guardianship to Secretary order
A protection order that grants guardianship and custody of a child to the Secretary of the Department of Health & Human Services to the exclusion of all other persons. Refer s. 289 of the CYFA.
H&CS
Health and Community Services; previous name for Department of Health & Human Services.
HBC
See Home-based care
Harm
Harm to a child involves three elements:
- The actions, omissions, or behaviours (which may be a single occurrence or a series or pattern of continuing occurrences) that are classified into one or more of the harm types (abandonment, physical injury, sexual abuse, emotional or psychological abuse, neglect).
- The adverse impact on the child's immediate, cumulative and likely stability and development (for example the negative affect on the child's health, emotional and behavioural development, education and learning).
- The extent to which a child is in danger of future harm - which relates to the risks (likelihood of the adverse event or circumstances continuing or re-occurring) the sustainable protective factors (parent capability, family and extended family support, community and cultural support) and the overall likely impact of the risks and protective factors on the child's stability and development.
Health information
Information or opinion about an individual’s physical, mental or psychological health, disability, or health services.
Home-based care (HBC)
Home-based care provides placements with approved caregivers in their own home, for children and young people 0 years to 18 years of age who have experienced significant difficulties and are unable to live with their families for a range of reasons. Home-based care includes foster care, kinship care and permanent care.
HR
Human Resources
HRA
High risk adolescent.
HRI
High risk infant
IAO
Interim accommodation order
IBR
Internal Bureau of Records, Victoria Police. Now called Central Records Branch, Victoria Police.
ID
Irreconcilable difference application. Exists when there is a serious breakdown in the relationship between a child and a parent/s (or a person who has custody). These cases come before the court when one of the parties (child or parent) wants responsibility for the daily care and control of the child to be transferred to another person.
ILO
Insterstate Liaison Officer.
Independent person
Is a person used by police for interviews with young people (under the age of 18 years), when a parent/guardian is not available.
Independent third person
Is a trained person used by police for interviews with young people (under the age of 18 years) and with young people who have a disability and cannot be a relative.
Indictable offence
Offences are divided into two main categories: indictable and summary. Indictable offences are generally more serious and are offences which can be tried on indictment, i.e. by a judge and jury in the Supreme Court or the County Court. However, many indictable offences can be heard in the magistrates’ court by a magistrate alone or in the children’s court by the President (a County Court judge), or a magistrate. Indictable offences used to be called felonies.
Indigenous
There are two Indigenous peoples in Australia: Aboriginal people and Torres Strait Islanders. Government and persons who want a word to include both Aboriginal and Torres Strait Islander peoples use ‘Indigenous Australians’ or ‘Indigenous peoples’. This language is also used in the United Nations, who refer to Indigenous peoples globally. Today, the term ‘Indigenous Australian’ is used to encompass both Aboriginal people and Torres Strait Islander people. However, many Aboriginal and Torres Strait Islander people do not like to be referred to as ‘Indigenous’ as the term is considered too generic. There is great diversity within these two broadly described groups exemplified by the over 250 different language groups spread across the nation. The words Indigenous, Aboriginal and Torres Strait Islander should always be capitalised, as would be the name of any other group of people. It is best not to resort to the acronyms of ATSI or TSI as this can be conceded as disrespectful.
Informant
Police officer who laid charges against a person in a particular case.
Information holder
Certain professionals who may have contact with vulnerable children or their parents are defined under the CYFA (s. 3 of the CYFA and r. 6 of the Children, Youth and Families Regulations). A full list of information holders can be found in Information sharing and child protection practice under information sharing under the CYFA/classes relevant to information sharing.
Information sharing entity
A person or body prescribed, or a class of person or body prescribed to be an Information Sharing Entity under the Child Information Sharing Scheme or Family Violence Information Sharing Scheme.
ISE
Information sharing entity
Init Invest
Initial investigation
Intellectual (or cognitive) development
Intellectual (or cognitive) development is the growth of brain functions in a child, such as thinking, learning, perceiving, judging, problem solving and reasoning.
Intellectual disability
An intellectual disability is a cognitive disability that involves impairments of intellectual functioning that impact adaptive behaviour and management of everyday tasks in three domains:
- The conceptual domain includes skills in language, reading, writing, math, reasoning, knowledge, and memory.
- The social domain refers to empathy, social judgement, interpersonal communication skills, the ability to make and retain friendships, and similar capacities.
- The practical domain centers on self-management in areas such as personal care, organisation of school/work/recreation tasks and other everyday practical skills.
Intellectual disability originates before the age of 18, with a lasting effect on development.
Interim accommodation order (IAO)
A temporary order which controls where a child lives pending the final determination by the court of an application in the family division.
Interim protection order
A temporary order of up to three months’ duration which the children’s court may make upon finding a child to be in need of protection.
Intersectionality
Intersectionality is the complex, cumulative way in which the effects of multiple forms of identity-based structural inequality and discrimination (such as racism, sexism, ableism and classism) combine, overlap or intersect, in the experiences of individuals or communities. These aspects of identity can include gender, ethnicity and cultural background, language and communication requirements, socio-economic status, disability, sex, sexual orientation, gender identity, religion, age, geographic location or visa status.
Taking an intersectional approach means looking beyond a person’s individual identities and focusing on how those identities are responded to, often in a way that results in further marginalisation. These points of intersection can increase vulnerability to the risk and effects of family violence, and can amplify barriers to disclosure, support and service access.
Intersectional practice is an approach to structured professional judgement that requires practitioners to recognise families’ experiences of structural inequality and discrimination as a core part of risk assessment.
Intervention order
An intervention order is a court order designed to protect a person (the “protected person”) by placing limits on the behaviour of another person (the “respondent”).
An intervention order can be made to protect a person from:
- physical assault
- sexual assault
- harassment
- property damage or interference with property
- serious threats, or
- stalking, including following, hanging around a home or workplace, or phoning/emailing/texting the protected person.
There are two types of intervention orders:
- A family violence intervention order can be made against a family member, current or past spouse, domestic partner, intimate partner, carer or any other person who is regarded as being like a family member to the protected person.
- A personal safety intervention order can be made against a person who is not a family member.
IPO
Interim protection order.
Investigation
An investigation is a statutory obligation (ss 205 – 213 of the CYFA) and practice phase that establishes if a child is in need of protection as defined by s. 162 CYFA. An investigation determines:
- the extent and nature of reported concerns, or any other concerns
- whether the child has suffered or is likely to suffer significant harm
- whether the parents have protected or are likely to protect the child from harm
- whether statutory intervention is needed to meet the best interests of the child
- whether other interventions are needed to assist the family.
Irreconcilable differences
A Protection Order may be made in relation to a child if the Children’s Court finds that irreconcilable differences exist between the child and the person having custody of the child to such an extent that the care and control of the child are likely to be seriously disrupted.
Just culture
A just culture is a culture of openness and fairness for practitioners that creates:
- confidence to speak up, ask questions and be engaged
- trust that individuals won’t be blamed for organisational responsibilities
- accountability that individuals practice to the depth of their knowledge and competency.
Judgement
The decision in a particular case and the reasons that the judicial officer came to that decision.
Jurisdiction
This is used in two alternate senses:
(1) the legal power which a particular court possesses, for example, power to hear and determine child protection applications
(2) the area over which the court’s legal power extends, for example, the state of Victoria.
Juvenile justice
Previously used term for youth justice.
Kinship care
Kinship care is the care provided by relatives or a member of a child’s social network when a child cannot live with their parents.
Aboriginal kinship care is care provided by relatives or friends to an Aboriginal child who cannot live with their parents, where Aboriginal family and community and Aboriginal culture are valued as central to the child’s safety, stability and development.
KnowledgeNet
DHHS intranet.
Koorie
Koorie (also spelt Koori) is a generic term used by contemporary Aboriginal people and communities of Victoria and Southern New South Wales to identify and differentiate themselves from Aboriginal groups from other parts of Australia. In Queensland, Aboriginal people and communities refer to themselves as Murris, in South Australia as Nunga and in Southern Western Australia as Nyoongar.
Koorie maternity services
Koori maternity services (KMS) provide flexible, holistic and culturally safe pregnancy and postnatal care for Aboriginal women, women having Aboriginal babies and their families. Koori maternity services are provided by Aboriginal community-controlled organisations (ACCOs) and public health services. With 14 sites across Victoria, KMS are an integral component of Victoria’s maternity service system.
KPI
Key performance indicator
LAC
Looking After Children.
Lateral violence
Lateral violence (also known as horizontal violence, intra-racial conflict or internalised colonialism) is organised, harmful behaviour perpetrated within a community, culture or group. It occurs when a number of people work together to attack or undermine other individuals, families or groups of the same community.
- Lateral violence is a product of a complex mix of historical, cultural and social dynamics, exacerbated by the interpersonal and social impacts of disadvantage and discrimination, where few other opportunities for self-determination or status exist.
- Lateral violence is a common experience for people in Aboriginal communities.
Lead tenant
Provision of semi-independent support and accommodation for young people aged 15 to 18 years who are unable to live with their family due to issues of abuse or neglect and who are in transition to independent living. A volunteer lead tenant lives in a residential unit with a small group of young people and provides them with support and guidance in developing their independent living skills.
Legal representation
Representation of a person by a legally qualified representative (solicitor or barrister) in court proceedings.
LGA
Local government area.
LGBTIQ
Lesbian, Gay Bisexual, Transgender, Intersex, Queer.
Long term guardianship to Secretary order
A long term guardianship to Secretary order may be made in respect of a child of or over the age of 12 years; and grants custody and guardianship of the child to the Secretary to the exclusion of all other persons; and subject to Division 8 (CYFA) remains in force until the child attains the age of 18 years or marries whichever happens first; and despite anything to the contrary in Division 7 of the CYFA, may be made instead of extending a guardianship to Secretary order.
Looking After Children
Looking After Children (LAC) is a best practice framework for supporting outcomes-focused collaborative care for children and young people who are placed away from their families as a result of a child protection intervention. LAC was originally developed in the United Kingdom and has subsequently been implemented in many other jurisdictions internationally and interstate
MACHL
Maternal and Child Health Line. A statewide service that provides 24 hour telephone advice by qualified maternal and child health nurses to families with children from birth to school age regarding child health, maternal and family health and parenting issue.
Magistrate
A judicial officer who hears cases in the magistrates' court (the lowest level of court in Victoria) and in the children's court. Magistrates are addressed as 'Your Honour'.
Male Adolescent Program for Positive Sexuality (MAPPS)
The Male Adolescent Program for Positive Sexuality (MAPPS) is for young people on youth justice orders, aged 10–21 years, who have been found guilty of committing a sexual offence.
Mandate
Refers to the legislated powers and responsibilities conferred under the Children Youth and Families Act 2005 on the Secretary of DHHS (and delegates).
Mandatory reporting
Section 184 of the CYFA 2005 states that certain professionals must report their concerns for a child to child protection when they form the belief on reasonable grounds that the child is in need of protection.
MAV
Municipal Association of Victoria.
MCC
Melbourne Children’s Court
MCH Nurse
The maternal and child health nurse is a registered nurse with the Nurses Board of Victoria, who has a current annual registration in Division 1 of the register and holds additional qualifications in midwifery and maternal and child health.
MCH Service
The Maternal and Child Health Service is a universal primary care service for Victorian families with children aged birth to school age. The service is provided in partnership with the Municipal Association of Victoria, local government and DHHS. The goal of the service is to promote a comprehensive and focused approach for the promotion, prevention, early detection and intervention of physical, emotional or social factors affecting young children and their families in contemporary communities.
MCH
Maternal and child health
Mental health
Mental health is an individual's state of mind, thought, mood, perception and/or memory. Mental health is determined by a range of socioeconomic, biological, environmental and historical factors.
- At one end of the spectrum, mental health is a state of well-being in which a person realises their potential, can cope with the normal stresses of life, can participate socially, and is able to make a contribution to their community. At the other end of the spectrum is mental illness, mental ill health and mental health conditions - represented by symptoms that affect a people’s thoughts, feelings and behaviour.
- The risk of mental health issues and the emergence of mental illness in infants, children and young people involved with Child Protection and placed in out-of-home care is notably higher than in the general community.
- Mental illness features as a primary parental characteristic for the associated risk factors of family violence and substance abuse. However, parental mental illness by itself does not indicate significant risk to a child. The safety of a child may be increased when the parent is supported through effective treatment or the well parent is the primary carer.
Men's behaviour change programs
Men’s behaviour change programs (MBCPs) work with men who perpetrate family violence, and the (ex)partners and children of those men.
For men, MBCPs typically provide assessment, group work and in some cases supplementary individual counselling and case management. These programs are designed to help men end their use of violence toward family members, through encouraging them to become accountable and take responsibility for their violent actions. They provide a forum for exploring and challenging beliefs, and for discussing fatherhood, as a motivational tool to facilitate behavioural change.
For women who are partners or ex-partners of the men attending a program, MBCPs provide support, information, referral, safety planning and, in some cases, counselling and case management. Some programs also have services that can directly support children.
Services also include perpetrator case management, MBCPs to support men with cognitive difficulties, programs for women who use violence and other programs that are tailored to meet diverse needs. Programs are available for family violence perpetrators in same-sex relationships, as well as all-of-family models, typically offered by Aboriginal Community Controlled Organisations.
Mention
A court hearing at which witnesses are generally not called and each party is given an opportunity to say in summary what should happen to the case. If the parties are not in complete agreement, the case is adjourned for mediation or contest.
Misdemeanour
Term no longer used in Victoria: see summary offence.
Model litigant
Child Protection is required to act as a model litigant in all proceedings. In essence, being a model litigant requires that the State and its agencies, as parties to litigation, act with complete propriety, fairly and in accordance with the highest professional standards.
The obligation has a number of specific elements, set out on the ‘Victorian model litigant guidelines’. For example, as a model litigant, Child Protection is required to:
(a) act fairly in handling claims and litigation brought by or against the State or an agency;
(b) act consistently in the handling of claims and litigation;
(c) deal with claims promptly and not cause unnecessary delay.
MYJC
Melbourne Youth Justice Centre. Is a custodial facility for up to 60 young people aged 15 to 18 years, who are either on remand or serving a custodial sentence, generally from the children's court.
Natural justice
The principles of natural justice concern procedural fairness and aim to ensure that a fair decision is reached by an objective decision maker and that a person is entitled to put their case before a decision is made against them.
Neglect
Neglect includes failure to provide the child with an adequate standard of nutrition, medical care, clothing, shelter or supervision to the extent where the health or development of the child is significantly impaired or placed at risk. A child is neglected if they are abandoned or left uncared for over unreasonable periods of time that is inconsistent with their age, stage and development.
New placement allowance
The new placement allowance is an allowance paid to foster, kinship, permanent and special needs local adoption carers over the first six months of the placement where the carer is in receipt of the level one, or general, care allowance. The new placement allowance is intended to assist in meeting the immediate or ‘start-up’ costs of caring.
NFA
No further action.
NGO
Non-government organisation. More commonly referred to as CSO (community service organisation).
Non-accidental injury
Non-accidental injury is physical harm caused to a child as a result of carelessness, poor decision-making, inadequate supervision, neglect or deliberate action by a person.
Proof of intention to cause harm is not required for a child’s injury to be judged non-accidental.
Non-accidental injury can result from inappropriate or excessive discipline. It can also occur in the context of physical abuse. Actions that can result in non-accidental injury include physical restraint, spanking, beating, shaking, kicking, burning or assault with objects or weapons.
Non-accidental injury is a significant cause of mortality and morbidity, especially in infants and young children.
Non-accountable undertaking
A sentencing order in which a charge is dismissed upon a child (and if required a parent) giving an undertaking. Non-compliance with such undertaking has no consequences.
North Division
North Division comprises four service areas, North Eastern Melbourne, Hume Moreland, Loddon and Mallee.
Notice
An application served on a parent or child inviting or requiring them to come to court at a later date without the child having been taken into custody.
Notification
Previous term for a report. See report about child.
OHS
Occupational health and safety.
On foot
Proceedings which are currently active and still before a court, at either an interim or final stage, and have not been finalised.
Open court
Proceeding are to be conducted in a court open to the public unless an application to the court for the court to be hear the whole or part of any proceeding in a closed court is granted
The Orange Door
The Orange Door - also known as Support and Safety Hubs - is a service hub providing a single, area-based entry point into local specialist family violence services and Integrated Family Services for women, children and young people who are experiencing family violence or families who need support with the wellbeing and development of their children. The Orange Door also provides referral and support services for men.
Community based child protection practitioners are co-located at The Orange Door sites. The hubs provide multidisciplinary risk and needs identification, coordinated engagement with specialist family violence and family services, brief interventions, service navigation and service delivery.
Families may seek family support services and anyone who has a significant concern for the wellbeing of a child or unborn child may make a referral to The Orange Door.
Family violence referrals are received via police (L17 forms) for victims and perpetrators; from non–family violence services; and self-referrals, including from family and friends.
The Orange Door sites are accessible (via drop-in, phone or online), visible and non-stigmatising.
Out-of-home care
Out-of-home care refers to services offered by a registered community service organisation (CSO), pursuant to Sections 44 to 72 of Children, Youth and Families Act 2005. Out-of-home Care services provide placement and support services to children and young people, who have been assessed to be at risk by child protection, or where their parents are unable to care for them for a period of time.
PA
Protection application
Parent
Defined in very broad terms in the Children, Youth and Families Act 2005 as including-
(a) the father or mother of the child
(b) the spouse of the father or mother of the child
(c) the domestic partner of the father or mother of the child
(d) a person who has custody of the child or
(e) a person registered as, acknowledged as or declared by a court to be the father of the child.
Parenting capacity
Parenting capacity is a parent’s ability to understand and meet their child’s need for safety, development and wellbeing.
Parenting capacity specifically encompasses:
- a parent’s ability to form a healthy, nurturing relationship with their child, as indicated by:
- recognition of the child’s needs and the ability to put them before parental needs and wants
- awareness of the potential effects of relationship stresses on children
- ability to take responsibility for personal behaviour, including any resulting harm
- capacity to avoid dangerous, impulsive acts
- acceptance by the maltreating parent of their primary responsibility for providing a safe environment for their child
- awareness by the parent(s) of the possible effects of their own experience of being parented
- the parents’ ability to provide physical and emotional care appropriate to the child’s age, stage and development (Donald & Jureidini, 2004).
Parenting capacity can be influenced by constraints related to the needs of the child (such as temperament, illness or disability) and the context in which parenting occurs (such as level of support and environmental adversity). These contextual factors may alter the priority of needs for the parent and child. Where there is family violence, an affected parent’s behaviour that appears to prioritise their needs over the needs of their children may be based on their knowledge of what will keep themselves and their children safe.
Parental responsibility
Parental responsibility in relation to a child is described in the CYFA as all the duties, powers, responsibilities and authority that parents have, by law or custom, in relation to children.
Parental responsibility usually rests with the parents or guardians of a child. Where it has been found that a child is in need of protection and cannot safely remain in their parents’ care, a Children’s Court order can confer parental responsibility on the Secretary.
Section 172 of the CYFA sets out the powers of the Secretary when the Secretary has parental responsibility for a child. Section 18 of the CYFA enables the Secretary to authorise the principal officer of an Aboriginal agency to exercise these powers in respect of an Aboriginal child or young person (see Aboriginal Children in Aboriginal Care).
Parentline
A statewide telephone counselling, information and referral service for parents and carers with children from birth to eighteen years.
Parole
Release of a child or young person from detention in a youth justice training centre or youth residential centre prior to the completion of his or her sentence and subject to supervision by youth justice.
PASA
Program and Service Adviser. Previous term for a DHHS officer who manages relationionship and partnership agreements with funded agencies. That role is now performed by local engagement officers.
PASDS
Parenting Assessment and Skill Development Services
PCO
Permanent care order
Permanency
Permanency refers to an enduring living and care arrangement for a child that promotes their safety, development and sense of belonging, whether in parental care or an alternative care arrangement.. The desirability of continuity and permanency in a child’s care is one of the best interests principles set out in the CYFA (s. 10(f)).
Permanency planning is part of the case planning process - it begins as soon as substantiated protective concerns are identified and should be continually reviewed as required by case planning advice.
Additional factors must be considered in cases where a child is Aboriginal, incorporating members of the child’s community and the involvement of an Aboriginal agency.
Section 167 of the CYFA sets out permanency objectives to be considered in order of preference, with the permanency objective for a child being determined by what is in that child’s best interests. For the majority of children involved with Child Protection, the most appropriate permanency objective is to remain in parental care. Legislation requires that permanency objectives and court orders be aligned.
Permanent care order
An order that grants a person (other than a parent or the Secretary) custody and guardianship of a child. Similar to an adoption, but does not change the legal parentage of the child.
Permanent care
Permanent care is when children are placed with approved permanent care parents by adoption and permanent care (A&PC) teams, or when an existing foster care or kinship care placement is converted to permanent care by the granting of a permanent care order or an order from the Family Court. Permanent care provides security and stability for children and young people who have entered the child protection system and for whom a decision has been made that they are unable to live safely within their birth family on a long-term basis.
Permanent carer
A permanent carer is a volunteer carer who has been approved under the Children, Youth and Families Act 2005 as suitable to have the custody and guardianship of a child. A permanent carer has made a commitment that the child's placement is intended to continue indefinitely.
Perpetrator
A perpetrator is someone who has committed a crime or a violent or harmful act. In the context of family violence, a perpetrator is the person responsible for inflicting harmful, threatening or fear-inducing behaviour on family members.
Research indicates that men are most commonly the perpetrators of family violence, and women and children are most commonly the victim survivors.
The Family Violence Information Sharing Scheme (FVISS) states that a person is a perpetrator if an Information Sharing Entity (ISE) reasonably believes that there is a risk that the person may commit family violence, determined through undertaking a family violence risk assessment.
Perpetrator has the same meaning as “person of concern” under the Family Violence Protection Act 2008 (Part 5A). A perpetrator is the “respondent” in a family violence order or family violence safety notice. The term “batterer” is also used.
An “alleged perpetrator” is someone who is suspected of committing family violence, or posing a risk of family violence, but there is limited information to form a reasonable belief that they may commit family violence.Perpetrator accountability
Perpetrator accountability, in the context of family violence, is a two-fold process. The first is that perpetrators acknowledge and take responsibility for their choices to use family violence and work to change their behaviour to ensure their family’s safety and wellbeing. The second it that practitioners, services and system-level processes, encompass a range of interventions that hold perpetrators to account. These include:
- integrated practice approaches that promote information sharing to assess and manage risk such as the MARAM framework, RAMPs, The Orange Door, etc
- statutory interventions that limit the perpetrator’s use of violence, such as a safety notice, intervention order, protection order, or - in criminal matters - incarceration
- practitioner interventions that assist perpetrators to gain insight and awareness of the impact and criminal nature of their violent actions, through interviewing that draws upon the stages of change model and utilises motivational interviewing techniques, whilst avoiding colluding with the perpetrator and supporting victim safety
- service interventions that encourage and enable perpetrators to take responsibility for their violent behaviours, such as case management, treatment for compounding factors and referrals to family violence programs
- service interventions that provide guidance and support to change violent behaviour, for example through referral to, and acceptance into, programs such as a men’s behaviour change program.
Effective practice to address violence requires that service sector collaboration with affected parents and children must occur concurrently with perpetrator accountability to ensure that the needs and experiences of victims are understood and responded to, and that their safety is prioritised through ongoing risk assessment and management.
Personal information
Information or an opinion that is recorded about a person and which identifies or may identify that person.
PHC
Pre-hearing conferences are now known as Conciliation Conferences (CC).
Physical abuse
Physical abuse consists of any non-accidental form of injury or significant physical harm inflicted on a child by any person. Physical abuse does not mean reasonable discipline though it may result from excessive or inappropriate discipline. Physical abuse can include beating, shaking, burning and assault with weapons. Physical injury or significant physical harm to a child may also result from neglect by a parent or caregiver or within the context of family violence. The failure of a parent or caregiver to adequately ensure the safety of a child may expose the child to extremely dangerous or life-threatening situations, which result in physical injury or significant physical harm to the child. Physical abuse also includes Fabricated Illness Syndrome (previously Munchausen's Syndrome by Proxy).
Physical development
Physical development is growth of the body throughout childhood and into adolescence - it includes developing control of the body, specifically through gaining gross motor (whole body movement) and fine motor (finger and hand movement) skills.
PI
Protective intervention phase.
Placement
The provision of an out-of-home care placement for children and young people unable to live with their parents either in the short or long term.
Police check
See criminal history check.
Policy and funding plan
The department prepares a policy and funding plan every three years to inform funded CSO’s of service funding strategies and priorities. An annual update is prepared in the second and third years of the service agreement cycle. The three-year plan provides an overview of the government’s policy framework and the department’s objectives, an outline of strategic initiatives and an overview of the budget. The three-year plan also includes descriptive information regarding service activities, performance measures, data collection requirements, service standards and guidelines.
Policy
A framework of principles that guides decision making and activity.
PPD
Progression performance and development.
Practice leader (family-led decision-making)
Practice leader (family-led decision-making) is a position within the child protection operating model responsible for the provision of the family-led decision-making (FLDM) program.
Practice leader
Practice leader is a position within the child protection operating model responsible for providing expert case practice advice and leadership; supporting and developing child protection practitioners in the integration of theory and practice while demonstrating expertise through case management. Practice leaders supervise senior child protection practitioners (Community-based), undertakes case practice quality audits and provide regular practice forums and community education.
Pre-hearing conference
A form of court ordered dispute resolution no longer in use.
Pre-sentence report
A report prepared by youth justice or the children's court clinic to assist the court in the sentencing of a child or young person found guilty of an offence.
President of the children's court
The chief judicial officer of the children's court of Victoria who is a judge of the County Court appointed as President by the Governor in Council.
Primary care partnerships (PCP)
Primary care partnerships are voluntary alliances comprising health care agencies, medical services, and local and other levels of government, and organisations such as sport clubs, child care agencies and schools.
Probation
A sentencing order by which for a specified period a child or young person is supervised by a probation officer and may be required to comply with special conditions imposed by the court.
Problem sexual behaviour
The term used to describe concerning sexual behaviour exhibited by children under the age of 10 years.
Program and Service Adviser
Previous term for a DHHS officer who manages relationionship and partnership agreements with funded agencies. That role is now performed by local engagement officers.
Progression performance and development system
The progression performance and development (PPD) system enables managers and employees to discuss, agree, plan and document the employee's work, expected behaviours and learning and development for the coming year.
Practice Clinics
Structured clinics, held by the child protection and Professional Development Unit to provide opportunities for practitioners to demonstrate specific skills and application of knowledge.
Protected from harm
Being protected from harm means that a child is protected by parents or carers from immediate, cumulative or likely harm to their stability and development. Harm in this context directly refers to the legislative definition in s. 162, CYFA.
Protection application
An application made to the court for a finding that a child is in need of protection from actual or likely abuse.
Protection order
A protection order is an order made by the family division of the children's court for the protection and care of a child.
Protective intervener
A protective intervener is someone authorised by the legislation to receive and investigate reports that a child is in need of protection. Child protection and the police are protective interveners.
Protective plan
A case plan developed following substantiation of abuse or neglect.
Protective services
Previously used term for child protection.
Protocol
A written agreement between the department and other government or non-government organsitations that defines respective mandates, roles and responsibilities for the protection of children and young people.
PS
Protective services.
QEC
Queen Elizabeth Centre. A parenting service that offers specialised support, care and education to families who have children up the age of three years that are seeking support on the challenges of parenthood.
RCH
Royal Children’s Hospital.
Record of interview
A formal interview of a defendant by an informant in relation to one or more charges laid by the informant.
Referral
A referral is a communication from one professional to another, to recommend that a person receive a particular service. A child, youth and family service that is managing an intake and referral service may deliver services to a family itself or may refer a family to another health or community service.
Refuge
A refuge, in the context of family violence, is undisclosed crisis accommodation for women and children who cannot remain at home as a result of the immediate threat of family violence, and who do not have safe alternatives.
Refuges provide accommodation in a range of secure, supported settings, from staffed communal care to transitional properties. They are one of a range of accommodation types for women and children in crisis. Some refuges offer specialised services to certain groups, including Aboriginal women and women from CALD backgrounds.
Refuge staff offer advocacy, service referral, safety planning and practical support. Specialist children’s support workers also operate in many refuges, providing counselling and safety and support plan coordination for children. Refuge accommodation is usually arranged via a family violence crisis service. Other designated agencies may make direct referrals, typically in rural areas.
Refuge accommodation is also available for people experiencing homelessness or a housing crisis.
Refugee Minor Program
The Refugee Minor Program (RMP) supports the settlement process for refugee minors without parents in Australia and seeks to prevent breakdown in care arrangements through early intervention and assistance.
Region
An historical geographically based organisational unit of the department used prior to the introduction of divisions.
Registrar
Court administrator
Registration
The Children, Youth and Families Act 2005 provides a foundation for quality services, through the development of a formal approach to quality assurance by registering community service organisations (CSOs). CSOs are subject to re-registration every three years. To be re-registered a CSO must undertake an external review that assesses compliance with service standards.
Regulations
Subordinate legislation made under the authority of an Act of Parliament by Governor in Council, for example the Children, Youth and Families Regulations 2007.
Remand
To be held in custody, for example police cells, youth training centre, prison, awaiting a further court appearance.
Remote witness facility
An audio-visual link between a court room and some other place which enables a witness to give evidence without being in the court room. This is often used to enable evidence to be given by a victim without being in the same room as the alleged perpetrator.
Report about child
A report made to child protection of significant concern for the wellbeing of a child.or suspected child abuse. Certain professionals (including police, teachers, child care workers) are mandated, that is, obliged by law to report suspected child abuse. Previously knows as a notification.
Residential care services
Provide temporary, short or long-term accommodation and care to children and young people (seven years or older) who are unable to be placed in home-based care. Care is provided by paid staff on a roster system.
Resilience
Resilience is the positive adaptation of an individual within the context of significant adversity. Resilient children and adults have effective coping tools in their handling of stressful events. Coping tools provide the ability to deal with stressful events without becoming overwhelmed. Resilience can be illustrated through two related concepts: risk factors and protective factors.
Respite
Respite is a component of home-based care that involves a time-limited placement where a child or young person is placed away from the primary caregiver or current living circumstances.
Response
Otherwise known as initial investigation.
Restitution/compensation
An order requiring a child or young person found guilty of a criminal offence to pay a sum of money to the victim of the offence to try to restore the victim to his or her pre-offence position.
Restorative justice principles
Three principles form the foundation of restorative justice: 1) justice requires that we work to restore those who have been injured; 2) those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish; 3) government’s role is to preserve a just public order, and the community’s role is to build and maintain a just peace.
Reunification
Return of a child to the care of a parent.
Risk
Risk is the relationship between the significance of harm, the likelihood of harm occurring or recurring, and the level of protection of immediate and future child safety.
Risk of harm to a child is assessed and managed by using an evidence-based risk assessment framework.
Risk assessment
A risk assessment, in the context of Child Protection practice, is an evidence-based, guided approach to assessing and managing risk of harm to a child. It facilitates a purposeful process of seeking and analysing information in relation to the risks and protective factors of a child, their family and their environment, in order to understand the likelihood and significance of harm and to formulate strategies to increase children’s safety, development and wellbeing.
RMP
See Refugee Minor Program
Rules (Children's Court Rules)
Rules made by the President together with two or more magistrates to govern various matters relating to the practice and procedure of the court.
Safety
Safety is the foundational dimension for considering a child’s best interests. Adequate safety is a pre-requisite for every child's development and stability. A child experiences safety by having the basic care they need for their immediate and future stability and healthy development and by being protected from any harm.
SCO
Supervised custody order.
Secondary services
Secondary services target vulnerable groups or communities who need more intensive support as a result of their particular needs or circumstances. The aims of secondary services are to build family strengths and to reduce risks to the child and young person. Examples include intensive family support services, respite care, community-based mental health services, and drug and alcohol services.
Secretary
The Secretary (that is, Chief Executive Officer) for the Department of Health & Human Services.
Secure welfare
A secure welfare service is ‘a community service that has lock-up facilities’ that is established under the CYFA. A young person may be placed (via an interim accommodation order) in a secure welfare service by the children’s court, generally at a point prior to an ongoing protection order being made. Child protection may also place a young person in secure welfare who is in the custody, or under the guardianship, of the Secretary. A child or young person must be at substantial and immediate risk of harm to himself or herself in order to be placed in secure welfare.
Self-care skills
An element of the best interests dimension 'development'. It concerns the acquisition by a child of both practical and emotional competencies required for increasing independence. These include learning early practical skills of toileting, dressing and feeding and having opportunities to gain the confidence and skills to undertake activities away from the family. Older children begin acquiring independent living skills. Development of self-care skills involves encouragement to acquire social problem solving skills. Special attention should be given to the impact of disability and other vulnerabilities on the development of self care skills.
Self-determination
The right to self-determination has particular application to Aboriginal and Torres Strait Islander peoples as Australia’s first peoples.
Self-determination is an ‘ongoing process of choice’ to ensure that Indigenous communities can meet their social, cultural and economic needs. It is not about creating a separate Indigenous ‘state’.
The right to self-determination is based on the acknowledgment that Indigenous peoples are Australia’s first people, as was recognised by law in the historic Mabo judgement.
The loss of this right to live according to a set of common values and beliefs, and to have that right respected by others, is at the heart of the current disadvantage experienced by Indigenous Australians.
Without self-determination it is not possible for Indigenous Australians to fully overcome the legacy of colonisation and dispossession.
Self-determination is vital to improving Aboriginal people’s health and wellbeing. Research conducted on self-determination by first peoples in other countries shows that first peoples suffer greatly when the right to make their own decisions is taken away. The devastating impact of failed policies can only begin to be turned around when Aboriginal people are supported to make their own decisions on matters such as governance, natural resource management, economic development, health care and social service provision.
The CYFA includes additional decision-making principles for Aboriginal children in recognition of the principles of Aboriginal self-management and self-determination (s.12).
Senior child protection practitioner (community based)
Senior child protection practitioner (community based) is a position in the child protection operating model that is co-located in a registered family services agency and a child protection office. The position provides consultancy, advice and community education to agencies on statutory processes and responsibilities, and chairs case conferences and attends home visits with community services organisations where required.
Senior child protection practitioner
Senior child protection practitioner is a position in the child protection operating model responsible for supporting and developing child protection practitioners in the integration of theory and practice whilst demonstrating their expertise through case practice and the supervision of practitioners. The position works collaboratively with the team manager to strengthen case practice, provide effective service delivery and support other practitioners.
Sensitive information
Tightly regulated personal information and includes racial, ethnic, political, religious, trade union, sexual or criminal information about an identifiable person.
Sentencing order
Any order made by the criminal division of the children's court following a finding of guilt.
Serious neglect
Serious neglect in this context potentially constitutes a criminal offence on the part of a parent and includes situations where a parent fails to meet the child's basic needs for food, shelter, hygiene or adequate supervision to the extent that the child's health, development or physical safety is jeopardised.
For example: The child's home environment is filthy or hazardous in the extreme and poses a threat the child's immediate safety or development and is characterised by the presence of animal or human faeces or urine, decomposing food, syringes or other dangerous drug paraphernalia; or where the child is provided with consistently insufficient or inadequate food or nourishment for the child's healthy development; or where a child has a serious medical condition for which the parent has consistently failed to obtain treatment or dispense prescribed medication; or where a parent consistently leaves a child unattended, exposed to or in the care of strangers who may harm the child.
Service agency
Government department or service provider who may provide services to vulnerable families as defined under s. 3 of the CYFA and r. 7 of the CYF Regulations. A full list of service agencies can be found in Information sharing and child protection practice under information sharing under the CYFA/classes relevant to information sharing.
Service of a court application/document
Provision of an application or other document by one party to another party in the case.
Sexual abuse
Sexual abuse occurs when any person uses their authority over the child to involve the child in sexual activity. Child sexual abuse involves a wide range of sexual activity including fondling genitals, masturbation, vaginal or anal penetration by a finger, penis or any other object, voyeurism and exhibitionism. It can also include grooming, pornography and sexual exploitation.
Sexual Crimes Squad
Differs from SOCIT in that it deals with such matters as serial offenders and child pornography.
Sexually abusive behaviour treatment services (SABTS)
Sexually abusive behaviour treatment services (SABTS) are funded by the department to deliver:
- a voluntary therapeutic treatment service for children and young people up to 15 years who have engaged in problem sexual behaviour or sexually abusive behaviour
- a statutory therapeutic treatment service for young people aged 10 – 14 pursuant to a therapeutic treatment order.
Shared care
Where the care of a child is shared between significant persons in the child’s life who may live in different households.
Shared family care (SFC)
A home-based care program that provides respite, short term and long term home-based care placements for children and young people with an intellectual disability or a developmental delay. SFC is delivered by community services organisations as part of their home-based care service.
Shared stories shared lives
The Victorian pre-service training course for potential foster carers used by all community service organisations that deliver home-based care.
Show cause
To demonstrate why a person's remand in custody is not justified.
Sibling group
A sibling group relates to two or more children from the same family.
Significant harm
Harm is considered significant when it is of “considerable amount, effect or importance”. The significance must be demonstrated in a way that is specific to the case.
Justice O'Brien in the Supreme Court (Buckley vs CSV 1992) identified “significant” as:
- "more than trivial or insignificant, but need not be as high as serious
- ‘important’ or ‘of consequence’ to the child’s development’
- need not have lasting or permanent effect, nor necessarily be treatable.
SO
Supervision order
SOC
Social Welfare Worker. Previous employment classification for child protection practitioner.
Social isolation
Social isolation is when children or adults have a small number of contacts with other people or services. Social isolation can result from many factors, including:
- living in a remote or rural area
- language or cultural barriers
- having a child or parent with disability
- being a child with a disability
- poor mental health/mental illness
- personal choice
- a perpetrator of family violence intentionally isolating the family in order to maintain control
- living in residential care or other care placement that disrupts friendships and relationships with friends and family
- frequent placement changes.
Social isolation can be a major indicator and predictor of vulnerability - it has significant implications for wellbeing and for risk of harm and abuse. Possible impacts of social isolation include:
- increased loneliness and subsequent impacts on physical health, mental health and wellbeing
- reduced access to and utilisation of services and supports (family, peers, community, social network, etc.)
- increased chance of a young person going missing
- reduced chance of disclosing family violence or abuse
- increased vulnerability to and risk of harm or abuse.
SOCIT
Sexual Offences and Child Abuse Investigation Teams are staffed by experienced and qualified Victoria Police detectives specially trained to respond to and investigate sexual assault and child abuse.
SOS
Streetwork Outreach Service—a specialist statewide service that works with young people at risk in the central business district and St Kilda.
South Division
South Division comprises four service areas, Southern Melbourne, Bayside Peninsula, Inner Gippsland and Outer Gippsland.
Specialist family violence services
Specialist family violence services function directly to meet the needs of victim survivors of family violence. Women can self-refer or be referred by other services including police, Child Protection, health services or The Orange Door (Support and Safety Hubs).
Specialist family violence workers support and assist women and children to understand their experience of family violence, assess the level of risk of harm to women and children, undertake safety planning and offer information and options for support including access to crisis accommodation (refuges). Specialist family violence workers are equipped with broad knowledge of the family violence system, enabling them to connect women and children to crisis services and other necessary supports to achieve safety.
Specialist family violence workers are embedded in The Orange Door, community health services, mental health services, hospitals, schools and legal services, as well as being co-located in Child Protection.
Spiritual development
Spiritual development is growth of a child’s belief system, including such components as faith, religion, ritual, custom, ceremony and tradition.
Spouse
A person to whom a person is married.
Standing
The right of a person who has a ‘direct interest’ in a child protection case to participate as a party in the hearing of the case.
State guardianship fund
All money received by the Secretary as guardian of a child must be paid to the State Guardianship Fund. The Secretary is required to maintain an account on behalf of each child showing the amount held in credit. Money which is not immediately required for use by a child may be invested in accordance with the Trustee Act 1958, and interest earned must be credited to the account each year.
Money in the account may only be used for the benefit of the child for whom it is held, and with the approval of the Secretary. Once the child reaches 18 years and ceases to be under the guardianship of the Secretary, the money must be paid to the child. If the child ceases to be under the guardianship of the Secretary before the age of 18 years, the Secretary may pay the money to the child or, if the Secretary considers it to be in the interests of the child to do so, retain the money in the account until the child is 18 years old.
Statutory declaration
A statement in writing, other than an affidavit, which contains an acknowledgment by the person making it that it is true and correct and which is signed by the person making it in the presence of a person authorised to witness the signing of a statutory declaration.
Statutory intervention
A case in which child protection issues a protection application in respect of a child. Used in contradistinction to voluntary intervention.
Statutory services
These services are for children who have been at risk of significant harm where intervention is needed to ensure the ongoing safety of the child.
Step by step Victoria
The Victorian competency-based package for assessing of potential home-based carers.
STI
Sexually transmitted infection.
Stolen Generations
The term “Stolen Generations” refers to Aboriginal and Torres Strait Islander Australians who were forcibly removed, as children, from their families and communities and placed into institutional care or with non-Indigenous foster families. Many of these removals occurred as the result of official laws and policies aimed at assimilating the Aboriginal and Torres Strait Islander population into the wider community. The authorities involved were from government, welfare or church organisations. The 1997 Bringing Them Home report (resulting from the Human Rights and Equal Opportunity Commission’s Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families), found that between 1 in 10 and 3 in 10 children were forcibly removed in the years between 1910 and 1970 (removal practices began as early as the mid-1800s).
It’s important to understand that the term ‘Stolen Generations’ refers to those children who were removed on the basis of their race (proof of neglect was often not required). The predominant aim of the forced removal of Aboriginal and Torres Strait Islander children from their families was to absorb or assimilate children with mixed ancestry into the non-Indigenous community. Evidence shows that the overwhelming impact of the forced removal policy was damaging and that most children were removed for the reason of assimilation. While some Aboriginal and Torres Strait Islander children were removed from their families on genuine welfare grounds, this was not the experience of the majority.
Of those who went to foster homes, almost a quarter of witnesses to the Bringing them Home Inquiry reported being physically abused and 1 in 5 reported sexual abuse. Of those sent to institutions, 1 in 6 children reported physical abuse and 1 in 10 reported sexual abuse. Many others reported deprivation, neglect and suffering from the loss of their family and culture.
Struck out
A charge or an application, which is withdrawn, is said to be ‘struck out’ of the court list.
Substance use
Substance use is the use of any drug, whether legal (for example, alcohol or prescription medication) or illegal (for example, marijuana, amphetamines, heroin).
Substance misuse is the use of a substance for a purpose not consistent with legal or medical guidelines. Substance abuse is the harmful or hazardous use of any drug - this typically includes a strong desire to take the drug, difficulties in controlling its use, persisting in its use despite harmful consequences, a higher priority given to drug use than to other activities and obligations, increased tolerance, and sometimes a physical withdrawal state.
Substance misuse or abuse is a common factor seen in child protection. It may be a coping strategy used by young people or adults living in complex, challenging or unsafe circumstances. It is often seen in the context of mental health issues, violence, abuse and trauma.
Parental substance abuse can have a direct impact on children’s health, including unborn children, and correlates with increased risk of harm to and neglect of children.
A holistic approach to working with parents who abuse substances includes an understanding of the nature of, and reasons for the substance abuse, assessment of the possible impact on parenting and child development, and a focus on parental strengths and resources. Parenting and child safety and wellbeing are the main issues, rather than substance use itself.
Substantiation
The decision determining as to whether a child has experienced (or is currently at risk of) significant harm to their safety, stability or development within the definition of s. 162 of the CYFA.
Summary offence
Offences are divided into two main categories according to seriousness, summary or indictable. Summary offences are generally, but not always of a more minor nature and are heard in the magistrate’s court by a magistrate alone or in the children's court.
Supervised custody order
A protection order which grants sole custody of a child to a person who is neither a parent nor the Secretary of the Department of Health & Human Services but does not affect the guardianship of the child. The order also gives the Secretary responsibility for the supervision of the order.
Supervision order
A protection order which gives the Secretary of the Department of Health & Human Services responsibility for the supervision of a child but does not affect the custody or guardianship of the child.
Supervision
Support, direction and performance monitoring, including teaching, feedback, information provision and accountability functions.
SWS
Secure welfare services.
Take Two
The Intensive Treatment Service (Take Two) aims to improve the functioning, safety and well-being of children and young people subject to child protection intervention through the provision of specialist intensive therapeutic counselling and multiple treatment methods aimed at addressing trauma and attachment disorders involving children, their families, and carers and communities where necessary.
Temporary assessment order (TAO)
Where families refuse to cooperate, and impede a child protection investigation about a child or young person, child protection can apply to the children's court for a temporary assessment order (TAO), if child protection has a reasonable suspicion that the child or young person is, or is likely to be, in need of protection.
Tertiary services
Tertiary services target children who have experienced significant harm or who are likely to suffer harm. The main aim of these services is to redress this harm and prevent its recurrence. Examples include child protection, therapeutic services aimed at children and young people who have experienced serious abuse, and out-of-home care services.
TFC
Therapeutic foster care.
Therapeutic
Therapeutic means remedying or counteracting harm, disorder or disease or having a beneficial impact on a person.
Taking a therapeutic approach to practice covers a range of perspectives, frameworks and interventions that seek to address the presenting health, wellbeing and development challenges or concerns - including those resulting from physical, psychological and emotional harm or trauma - of individuals, families and communities. Therapeutic practice should incorporate an understanding of biopsychosocial context, and assist in building physical health and relational, behavioural and emotional capacity.
In Victorian community services, therapeutic practice is viewed as being holistic and inherently connected to the concept of healing.
Therapeutic foster care (TFC)
Therapeutic foster care is a program of home-based care for a child that places emphasis on stability and provides additional supports for the child and carers. Key features of the program are the centrally important role of the care team, the support to the child and the carer and the dedicated involvement of both placement and therapeutic specialist providers.
Therapeutic treatment order (TTO)
A therapeutic treatment order issued by the children’s court requires a child aged at least 10 years and under 14 years of age to attend community based treatment for sexually abusive behaviour.
Therapeutic treatment placement order (TTPO)
A therapeutic treatment placement order issued by the children’s court requires a child aged at least 10 years and under 14 years of age to reside in out-of-home care to ensure their attendance and participation in community based treatment for sexually abusive behaviour.
Therapeutic treatment report (TTR)
A report made to child protection about a child aged 10 years or over and under 15 years by a person who believes that the child has exhibited sexually abusive behaviours.
TIS
Telephone Interpreter Service. A national interpreting service available to people who do not speak English and for English speakers needing to communicate with them. It is available to anyone in Australia for the cost of a local call and is available 24 hours a day, seven days a week.
Torres Strait Islander
The term Aboriginal is often used to refer to both Aboriginal and Torres Strait Islander people. It is important to remember the people of the Torres Strait are of Melanesian origin with their own distinct identity, history and cultural traditions. Traditionally they lived in the Torres Strait, which separates the north of Queensland from New Guinea, though today many have migrated and now live on the mainland. Note, people who have Aboriginal and Torres Strait Islander parents are both Aboriginal and Torres Strait Islander, not one or the other.
Transition plan (or exit plan)
A plan for transition or exit from the child protection system that forms part of a child or young person's best interests plan and is developed at least six months prior to the planned date of discharge.
Trauma
Trauma is both the experience of, and a response to, an overwhelmingly negative event that an individual perceives as physically or emotionally harmful or life-threatening. Trauma can have lasting adverse effects on an individual’s mental, physical, social, emotional or spiritual wellbeing.
An event is experienced as traumatic as a result of various influences, including a person’s neurobiology, their prior experiences of trauma and violence, and adequacy of supports. Experiences of systemic violence and structural inequities can compound the trauma (see intersectionality).
Trauma is defined by a number of sub-types:
- Acute trauma
- Results from a single event
- Complex trauma
- Results from exposure to multiple, chronic or prolonged traumatic events, typically of an interpersonal nature, such as physical or sexual abuse, or community violence
- Developmental trauma
- Complex trauma as experienced by a child, resulting from repeated or chronic exposure to traumatic events - such as physical, emotional or educational neglect; abandonment; betrayal; physical, sexual or emotional abuse; exposure to family violence; and/or coercion - typically perpetrated by the child’s caregivers.
- Can impact the child’s neurological and nervous system functioning, potentially impairing the child’s cognitive, emotional, behavioural and social development, which can have lasting impacts into adulthood.
Trauma-informed practice is trauma-aware, safe, strengths-based and integrated, meaning that practice is sensitive to and based on an understanding of how current and/or historical trauma affects people's lives, their symptoms and presentations, and their service needs.
TTB
Therapeutic Treatment Board.
Undertaking
A promise made to the court. May either be oral or in writing.
Undisclosed placement
A temporary residence for the child whose address is not disclosed to the parents.
Universal services
Universal services are available to all children in the community and aim to promote child well-being, including health, education and social development objectives. Examples are general practitioners, maternal and child health services, child care centres, and schools.
VALS
Victorian Aboriginal Legal Service.
Variation
An alteration (usually of conditions) of a court order.
VATE
Video/Audio Taped Evidence conducted by a qualified police officer.
Victim Impact Statement
Oral or written statement made by a victim of crime that may be taken into account by a magistrate or judge when determining a sentence.
Victim survivor
A victim survivor is a person - adult or child – who has experienced family violence or if there is reasonable belief that the person is at risk of being subject to family violence. Reasonable belief is determined through assessment conducted by an Information Sharing Entity (ISE), as part of the Family Violence Information Sharing Scheme.
Other terms used to reflect victim survivor are: affected parent, “affected family member” (Victoria Police family violence reports and intervention orders), and “primary person” or “protected person” (Family Violence Protection Act 2008).
Victorian Children's Council
The Victorian Children's Council is an expert body advising the Victorian Government on policy and service development in relation to children and families.
Violence
Violence is the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that results in - or has a high likelihood of resulting in - injury, death, psychological harm, developmental harm or deprivation.
Violence can be inflicted physically, sexually, through psychological attack or through deprivation.
The World Health Organisation considers three sub-types of violence, according to the victim-perpetrator relationship:
- “Self-directed violence” refers to violence in which the perpetrator and the victim are the same individual. It encompasses self-harm/abuse and suicide.
- “Interpersonal violence” refers to violence between individuals. It encompasses family violence, child maltreatment and abuse, and community violence. Community violence includes acquaintance violence; stranger violence; youth violence; violence related to property crimes; and violence in workplaces and other institutions.
- “Collective violence” refers to violence committed by larger groups of individuals. It encompasses social, political and economic violence.
Viva voce evidence
Spoken evidence (as opposed to evidence by statement or affidavit).
VLA
Victorian Legal Aid.
Voluntary placement
Voluntary placements are those with no court order requiring the child or young person to live in a placement provided by an established or approved community service organisation. The Children, Youth and Families Act allows the voluntary placement (with no court order) of a child or young person in a placement provided by a community service. To achieve a voluntary placement a short or long term child care agreement between the parent/guardian and the CSO must be completed. A child care agreement is a written agreement with a service provider, signed by the parent(s),and young person where appropriate, that gives permission for a child or young person to live in a placement provided by that CSO as stipulated in sections 133 to 161 of the CYFA.
VRF
Victorian Risk Assessment Framework is the child protection risk assessment framework developed by the Victorian child protection program and published in 1999.
The VRF was incorporated into the Best Interests Case Practice Model (BICPM) in 2010 and is no longer in use.
Vulnerable
Vulnerable in relation to a person, is the requirement for special care or consideration due to particular characteristics such as:
- Age
- Gender
- Culture and ethnicity
- Sexuality
- Ability
- Health.
These characteristics can mean the person is less able to ensure their own care and protection, requiring dependence on others. They can also mean the person is more likely to experience intersectionality of disadvantage and risk of harm.
Ward
A ward of state is someone who as a child or young person was removed from the care of their family or guardian(s) and legally placed in the care of the state. Also referred to as former ward or state ward. The term is no longer used to refer to child protection clients.
Warrant
An authorisation, generally issued by a judicial officer and directed to a person in authority. Often this is an authority to take a person into custody and bring the person before the court.
West Division
West Division comprises five service areas, Western Melbourne, Brimbank Melton, Barwon, Central Highlands and Western District.
White paper
A white paper is published by the government when it wants to set out its policies and plans on a particular issue. A white paper invites public comment on legislative proposals.
Working with Children Check (WWCC)
The Working with Children (WWC) Check is an initiative of the Victorian Government and is administered by the Department of Justice & Regulation. The WWC Check helps to protect children from sexual or physical harm by checking a person's criminal history for serious sexual, serious violent or serious drug offences and the person’s work history with specific professional disciplinary bodies for certain findings.
WWCC
Working with Children Check
Youth attendance order (YAO)
A youth attendance order (YAO) is a sentence given by the children’s court to a young person aged greater than 15 years and whose offence occurred prior to their 18th birthday. A YAO is a community-based disposition that is a direct alternative to receiving a custodial sentence. A young person on a YAO is required to report to a youth justice unit for up to ten hours per week, and involves a community service work component.
Youth justice centre order
A sentencing order by which a young person aged between 15 and 17 years is sentenced by a court to be detained in a youth justice centre for a specified period. Young people aged 18 to 20 years may be sentenced to a youth training centre order by an adult court (Magistrates County or Supreme) following a suitability assessment if the court deems that they have reasonable prospects for rehabilitation or are immature or likely to be subjected to undesirable influences in an adult prison (that is, vulnerable).
Youth justice group conference
See group conference
Youth justice
The Department of Health & Human Services is responsible for the statutory supervision of young people in the criminal justice system. The department provides programs and resources to assist these young people to develop the knowledge, skills and attitudes to manage their lives effectively without further offending. Through supervision, offending related programs and linkages to appropriate support services, the department promotes opportunities for rehabilitation and contributes to the reduction of crime in the community
Youth residential centre order
A sentencing order by which a child or young person aged between 10 and 14 years is sentenced to be detained in a youth residential centre for a specified period.
Youth supervision order
A sentencing order by which a child or young person is supervised by a youth justice officer and may be required to comply with special conditions imposed by the court. The level of supervision is generally higher than that involved with a probation order for a specified period.