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<str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse: a Literature and Policy Review<br />
A joint project of <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an UnitingCare<br />
Author:<br />
Fi<strong>on</strong>a Macd<strong>on</strong>ald<br />
Project Steering Group:<br />
Kath Deakin, Sue Fraser, Karen Hucks, Emily Jacks<strong>on</strong> and Kathy Landvogt<br />
Suggested citati<strong>on</strong>:<br />
Macd<strong>on</strong>ald, Fi<strong>on</strong>a <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse: a Literature and Policy Review<br />
(<strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an UnitingCare, 2012)<br />
ISBN 978-0-9871110-3-6<br />
Publisher:<br />
<strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service<br />
PO Box 6041<br />
North Collingwood Victoria 3066<br />
info@goodshepvic.org.au<br />
© <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an UnitingCare<br />
September 2012
This literature review is written as part of the <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse Project, a joint<br />
initiative of <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an UnitingCare. Both<br />
organisati<strong>on</strong>s provide services to some of the most vulnerable people in our community. These<br />
services include family violence interventi<strong>on</strong> programs, financial counselling and financial<br />
inclusi<strong>on</strong> initiatives such as financial literacy educati<strong>on</strong> and microfinance. The <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong><br />
Ec<strong>on</strong>omic Abuse Project emerged from the organisati<strong>on</strong>s’ shared c<strong>on</strong>cerns about the impacts of<br />
ec<strong>on</strong>omic <strong>abuse</strong> <strong>on</strong> the women accessing their services.
C<strong>on</strong>tents<br />
List of Abbreviati<strong>on</strong>s ........................................................................................................................ i<br />
Executive Summary ....................................................................................................................... ii<br />
Introducti<strong>on</strong> ....................................................................................................................................1<br />
Overview ........................................................................................................................................2<br />
Ec<strong>on</strong>omic Abuse ............................................................................................................................3<br />
Influences, Impacts and Points of Interventi<strong>on</strong> ............................................................................13<br />
Public Policies and Practices .......................................................................................................23<br />
Legal and Regulatory Frameworks ..............................................................................................37<br />
Employment Frameworks, Policies and Practices .......................................................................47<br />
Community Services Policies and Practices ................................................................................50<br />
List of References ........................................................................................................................55<br />
Appendices ..................................................................................................................................65
List of Abbreviati<strong>on</strong>s<br />
Australian Bureau of Statistics<br />
Australian Communicati<strong>on</strong>s and Media Authority<br />
Australian Communicati<strong>on</strong>s C<strong>on</strong>sumer Acti<strong>on</strong> Network<br />
Australian Institute of Health & Welfare<br />
Australian Law Reform Commissi<strong>on</strong><br />
Australian Securities and Investments Commissi<strong>on</strong><br />
Australian Taxati<strong>on</strong> Office<br />
Council of Australian Governments<br />
Department of Families, Housing, Community Services and Indigenous Affairs<br />
Domestic Violence Victoria<br />
Department of Employment and Workplace Relati<strong>on</strong>s<br />
Internati<strong>on</strong>al Violence Against Women Survey<br />
New South Wales Law Reform Commissi<strong>on</strong><br />
ABS<br />
ACMA<br />
ACCAN<br />
AIHW<br />
ALRC<br />
ASIC<br />
ATO<br />
COAG<br />
FaHCSIA<br />
DV Vic<br />
DEEWR<br />
IVAWS<br />
NSWLRC<br />
i
Executive Summary<br />
This literature review has been written to support the <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse Project,<br />
a joint advocacy initiative of <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an<br />
UnitingCare. Both organisati<strong>on</strong>s provide financial counselling as well as other supports to<br />
families <strong>on</strong> low incomes and both provide services resp<strong>on</strong>ding to family and domestic<br />
violence. The <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse Project emerged from their shared c<strong>on</strong>cerns<br />
about reports of ec<strong>on</strong>omic <strong>abuse</strong> being experienced by women accessing their services.<br />
In Australia ec<strong>on</strong>omic <strong>abuse</strong> has <strong>on</strong>ly recently been recognised in some legal jurisdicti<strong>on</strong>s as<br />
a form of family and domestic violence and there is a low level of public awareness of it. The<br />
<str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse Project aims to identify systemic issues to facilitate initiatives<br />
within government, corporati<strong>on</strong>s and community service sectors for the preventi<strong>on</strong>, early<br />
interventi<strong>on</strong> and mitigati<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>.<br />
As a step towards these goals, this paper presents a review of nati<strong>on</strong>al and internati<strong>on</strong>al<br />
research and other literature relating to ec<strong>on</strong>omic <strong>abuse</strong> in Australia. It also aims to identify<br />
key issues and sectors for interventi<strong>on</strong>.<br />
Ec<strong>on</strong>omic <strong>abuse</strong><br />
Ec<strong>on</strong>omic <strong>abuse</strong>—which is also referred to as ec<strong>on</strong>omic violence, ec<strong>on</strong>omic c<strong>on</strong>trol,<br />
ec<strong>on</strong>omic deprivati<strong>on</strong>, financial <strong>abuse</strong> and financial c<strong>on</strong>trol—is a form of domestic and family<br />
violence, involving behaviours that negatively affect a pers<strong>on</strong> financially and undermine that<br />
pers<strong>on</strong>’s efforts to become ec<strong>on</strong>omically independent (Weaver et al. 2009).<br />
Adams et al. (2008, p. 564) describe ec<strong>on</strong>omic <strong>abuse</strong> as involving behaviours that “c<strong>on</strong>trol a<br />
woman’s ability to acquire, use, and maintain ec<strong>on</strong>omic resources, thus threatening her<br />
ec<strong>on</strong>omic security and potential for self-sufficiency”.<br />
In definiti<strong>on</strong>s of family and domestic violence in the Australian state and territory family<br />
violence laws that include ec<strong>on</strong>omic <strong>abuse</strong>, it has been formulated as including:<br />
unreas<strong>on</strong>able c<strong>on</strong>trolling behaviour without c<strong>on</strong>sent that denies a pers<strong>on</strong> financial aut<strong>on</strong>omy;<br />
withholding financial support reas<strong>on</strong>ably necessary for the maintenance of a partner;<br />
coercing a partner to relinquish c<strong>on</strong>trol over assets; unreas<strong>on</strong>ably preventing a pers<strong>on</strong> from<br />
taking part in decisi<strong>on</strong>s over household expenditure or the dispositi<strong>on</strong> of joint property;<br />
coercing a pers<strong>on</strong> to claim social security payments; and preventing a pers<strong>on</strong> from seeking<br />
or keeping employment (Australian Law Reform Commissi<strong>on</strong>/New South Wales Law Reform<br />
Commissi<strong>on</strong> [ALRC/NSWLRC] 2010, pp. 196-197). 1<br />
There is very little informati<strong>on</strong> about the prevalence of ec<strong>on</strong>omic <strong>abuse</strong> in the populati<strong>on</strong> in<br />
Australia as, historically, it has not been included as a form of domestic and family violence<br />
in the law nor has it been included in definiti<strong>on</strong>s of violence used in surveys. However,<br />
research findings suggest ec<strong>on</strong>omic <strong>abuse</strong> may be a very comm<strong>on</strong> form of violence affecting<br />
women who seek assistance because of domestic and family violence.<br />
1 These formulati<strong>on</strong>s are drawn from the <strong>Family</strong> Violence Protecti<strong>on</strong> Act 2008 (Vic) s 6; Interventi<strong>on</strong><br />
Orders (Preventi<strong>on</strong> of Abuse) Act 2009 (SA) s 8(5); <strong>Family</strong> Violence Act 2004 (Tas) ss 7, 8; and the<br />
Domestic and <strong>Family</strong> Violence Act 2007 (NT) s 5. The full definiti<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> in the<br />
Victorian legislati<strong>on</strong> is given in full in Appendix B of this report.<br />
ii
Influences, impacts and points of interventi<strong>on</strong><br />
Unequal power in a relati<strong>on</strong>ship–including ec<strong>on</strong>omic power–can provide the c<strong>on</strong>diti<strong>on</strong>s that<br />
allow or enable domestic violence to occur by making it difficult for (the mostly) women to<br />
leave relati<strong>on</strong>ships in which they experience violence (Ly<strong>on</strong> 2000). A lack of financial<br />
independence has been found to be a major factor influencing a woman’s decisi<strong>on</strong> to remain<br />
in an abusive relati<strong>on</strong>ship (Anders<strong>on</strong> & Saunders 2003). Thus, reducing ec<strong>on</strong>omic<br />
dependence and improving women’s financial security may be essential for leaving a violent<br />
partner.<br />
Patterns of vulnerability to ec<strong>on</strong>omic <strong>abuse</strong> may be similar to patterns of vulnerability<br />
identified for domestic violence more generally. Surveys identify young women aged<br />
between 18 and 24 years as particularly at risk of experiencing domestic violence and<br />
women are also identified as being at higher risk of experiencing violence in the periods prior<br />
to and following separati<strong>on</strong> from a partner and during pregnancy (Mouzos & Makkai 2004;<br />
VicHealth 2007).<br />
There are some factors comm<strong>on</strong> in older age groups that have implicati<strong>on</strong>s for effective<br />
resp<strong>on</strong>ses for older women experiencing domestic and family violence, including reluctance<br />
to report violence, financial problems and financial dependence (including barriers to<br />
employment), and health and care issues, all of which may make it difficult for women to<br />
leave abusive relati<strong>on</strong>ships (Bagshaw, Wendt & Zannettino 2009; McFerran 2009; Straka &<br />
M<strong>on</strong>tminy 2006).<br />
Increased risks may also be associated with rurality, race and culture. These risk factors are<br />
related to barriers to seeking help including cultural norms, low English language skills<br />
and/or accessibility of appropriate services and informati<strong>on</strong>. Other women who may face<br />
such barriers include: Aboriginal and Torres Strait Islander women, women with disabilities,<br />
women with mental health issues, women who are lesbian, bisexual, transgender or intersex<br />
people; and women who are asylum seekers, refugees or recent migrants applying for<br />
residency or work visas.<br />
There has been little research specifically examining the impacts of ec<strong>on</strong>omic <strong>abuse</strong> <strong>on</strong><br />
children, families and <strong>on</strong> the community. Some of the direct and most apparent<br />
c<strong>on</strong>sequences for victims of ec<strong>on</strong>omic <strong>abuse</strong> are the financial or ec<strong>on</strong>omic c<strong>on</strong>sequences.<br />
These are c<strong>on</strong>sequences for people while they are in violent relati<strong>on</strong>ships, <strong>on</strong> leaving violent<br />
relati<strong>on</strong>ships, when attempting to gain financial stability following exit from violent<br />
relati<strong>on</strong>ships and <strong>on</strong> their prospects for ec<strong>on</strong>omic security in the l<strong>on</strong>g term.<br />
Ec<strong>on</strong>omic dependence <strong>on</strong> an abusive partner can be a critical obstacle to leaving the<br />
relati<strong>on</strong>ship (Adams et al. 2008). In additi<strong>on</strong> to victims being unable to access funds needed<br />
to leave, domestic violence can cause social isolati<strong>on</strong> which reduces opti<strong>on</strong>s for leaving<br />
(ALRC/NSWLRC 2010). However, while c<strong>on</strong>cerns about financial insecurity—including<br />
c<strong>on</strong>cerns for its impacts <strong>on</strong> children—are <strong>on</strong>e reas<strong>on</strong> women stay in abusive relati<strong>on</strong>ships<br />
they can also provide the impetus to leave relati<strong>on</strong>ships (Braaf & Barrett Meyering 2010).<br />
Ec<strong>on</strong>omic impacts of domestic and family violence identified in various studies include<br />
impacts relating to:<br />
<br />
<br />
<br />
<br />
<br />
employment<br />
debts, bills and banking<br />
accommodati<strong>on</strong> and household goods<br />
social security and other material supports<br />
child support<br />
iii
legal matters<br />
migrati<strong>on</strong> matters<br />
health.<br />
Public awareness and understanding of these issues is poor. Resp<strong>on</strong>ses to a 2009 nati<strong>on</strong>al<br />
survey of community attitudes to violence against women show that, while awareness of<br />
domestic violence as a serious issue has increased, recogniti<strong>on</strong> of n<strong>on</strong>-physical<br />
behaviours—including ec<strong>on</strong>omic <strong>abuse</strong>—as forms of domestic violence remains low.<br />
Findings included that 25 per cent of survey resp<strong>on</strong>dents did not believe that “c<strong>on</strong>trolling a<br />
partner by denying them m<strong>on</strong>ey” was a form of domestic violence (compared with 33 per<br />
cent in 1995) (Victorian Health Promoti<strong>on</strong> Foundati<strong>on</strong> [VicHealth] 2010; McGregor 2009).<br />
Public policy and practice<br />
At the broadest level ec<strong>on</strong>omic <strong>abuse</strong> may be addressed through the achievement of<br />
equality for women. This has been a str<strong>on</strong>g theme in recent public policy in Australia and<br />
there have been some recent positive outcomes for women specifically in relati<strong>on</strong> to<br />
employment.<br />
While preventi<strong>on</strong> has been a key focus of recent policies to address violence against<br />
women, there is little evidence of any specific attenti<strong>on</strong> to raising community awareness of<br />
ec<strong>on</strong>omic <strong>abuse</strong> as an aspect of domestic and family violence as a preventative strategy.<br />
Public policies framing tertiary resp<strong>on</strong>ses to violence have a str<strong>on</strong>g safety focus, including a<br />
focus <strong>on</strong> physical safety at the point of crisis and <strong>on</strong> stopping further violence. An additi<strong>on</strong>al<br />
focus <strong>on</strong> women’s l<strong>on</strong>ger-term wellbeing, including their financial wellbeing, is needed to<br />
address ec<strong>on</strong>omic <strong>abuse</strong>.<br />
The Australian Law Reform Commissi<strong>on</strong>’s (ALRC) recent review of legal frameworks relating<br />
to family violence produced recommendati<strong>on</strong>s to improve resp<strong>on</strong>ses for people experiencing<br />
violence in the social security, family assistance and child support systems. The<br />
implementati<strong>on</strong> of these recommendati<strong>on</strong>s should assist to stop the c<strong>on</strong>tinuati<strong>on</strong> of<br />
ec<strong>on</strong>omic <strong>abuse</strong> after women have left relati<strong>on</strong>ships and to mitigate the impacts of <strong>abuse</strong>.<br />
There is limited research that identifies women’s pathways through legal systems to regain<br />
ec<strong>on</strong>omic security following domestic violence and this is an area in which further<br />
informati<strong>on</strong> is needed. There is also a need to identify appropriate strategies for building<br />
women’s financial capability.<br />
Legal and regulatory frameworks<br />
The recent inclusi<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> in the Comm<strong>on</strong>wealth <strong>Family</strong> Law Act 1975 paves<br />
the way for a comm<strong>on</strong> framework for domestic and family violence in a wide range of legal<br />
and regulatory instruments that impact <strong>on</strong> protecti<strong>on</strong>s for women and <strong>on</strong> resp<strong>on</strong>ses to<br />
ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Similarly, the take-up of the ALRC’s recommendati<strong>on</strong>s for changes to relevant laws and<br />
guidelines of Fair Work Australia, Safe Work Australia, Department of Educati<strong>on</strong>,<br />
Employment and Workplace Relati<strong>on</strong>s (DEEWR) and Job Services Australia the Australian<br />
Prudential Regulati<strong>on</strong> Authority, Department of Human Services, Australian Taxati<strong>on</strong> Office<br />
(ATO) and superannuati<strong>on</strong> fund materials should see improved resp<strong>on</strong>ses to ec<strong>on</strong>omic<br />
<strong>abuse</strong>.<br />
iv
Currently, there are a number of gaps in protecti<strong>on</strong> for temporary visa holders and potential<br />
for change in relati<strong>on</strong> to Migrati<strong>on</strong> Review Tribunal fees for women experiencing domestic<br />
and family violence.<br />
More informati<strong>on</strong> is needed with regards to how legal processes in relati<strong>on</strong> to victims’<br />
compensati<strong>on</strong> and property settlements can operate to support effective resp<strong>on</strong>ses to<br />
ec<strong>on</strong>omic <strong>abuse</strong>.<br />
The extent of <strong>abuse</strong> in relati<strong>on</strong> to self-managed superannuati<strong>on</strong> funds could be m<strong>on</strong>itored to<br />
establish if there is a need for resp<strong>on</strong>ses in additi<strong>on</strong> to the changes to guidelines for trustees<br />
that were recommended by the ALRC.<br />
The ALRC has recommended that there is easier access to superannuati<strong>on</strong> funds prior to<br />
retirement for women experiencing violence. While this may be extremely helpful to women<br />
who need funds at a time of crisis, there is a very str<strong>on</strong>g argument for the development of<br />
alternative opti<strong>on</strong>s through the income support system or some other arrangement. The<br />
depleting of women’s superannuati<strong>on</strong> savings may create disadvantage in the l<strong>on</strong>g term.<br />
C<strong>on</strong>sumer protecti<strong>on</strong> is a crucial area of regulati<strong>on</strong> for women experiencing ec<strong>on</strong>omic <strong>abuse</strong><br />
because it affects the forms ec<strong>on</strong>omic <strong>abuse</strong> can take, women’s ability to stop the <strong>abuse</strong>,<br />
their ability to manage financially <strong>on</strong> leaving a relati<strong>on</strong>ship, and their opti<strong>on</strong>s for reestablishing<br />
financial security and wellbeing. As recent c<strong>on</strong>sumer credit reform has not<br />
substantially improved protecti<strong>on</strong>s, it is imperative that women have access to appropriate<br />
financial products so they are not forced to rely <strong>on</strong> high interest loans and credit.<br />
C<strong>on</strong>sumer protecti<strong>on</strong> in relati<strong>on</strong> to other products and essential services relies heavily <strong>on</strong><br />
voluntary codes and company policies. Therefore there may be a need for educati<strong>on</strong> and<br />
informati<strong>on</strong> for individual providers to raise awareness and understanding of ec<strong>on</strong>omic<br />
<strong>abuse</strong> and to identify appropriate resp<strong>on</strong>ses, including in relati<strong>on</strong> to hardship policies.<br />
Employment participati<strong>on</strong>, supportive workplaces and safety at work<br />
There remain significant gender inequities in relati<strong>on</strong> to opportunities for participati<strong>on</strong> in, and<br />
remunerati<strong>on</strong> for, work and this c<strong>on</strong>tinues to be a key issue for all women including for the<br />
preventi<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Resp<strong>on</strong>ses to violence at the workplace level can ensure women are safe at work and<br />
provide support for women who experience violence. Currently in Australia there appears to<br />
be c<strong>on</strong>siderable momentum to implement these types of interventi<strong>on</strong>s. However, for the<br />
achievement of change which includes protecti<strong>on</strong> for women employed in smaller<br />
enterprises, there needs to be change to the Nati<strong>on</strong>al Employment Standards, the Fair Work<br />
Act and/or to anti-discriminati<strong>on</strong> laws.<br />
Community services sector<br />
Key services and programs relating to ec<strong>on</strong>omic <strong>abuse</strong> include domestic and family violence<br />
and general services such as financial counselling, legal assistance, accommodati<strong>on</strong><br />
assistance, material aid and financial educati<strong>on</strong> programs.<br />
Identified gaps in community sector resp<strong>on</strong>ses include post-crisis services and services<br />
which address issues relating to the l<strong>on</strong>g-term impacts of ec<strong>on</strong>omic <strong>abuse</strong> and domestic<br />
violence.<br />
v
There is a need for greater support and individual advocacy for women around financial<br />
issues following domestic violence and there may also be a need for training, informati<strong>on</strong><br />
exchange and collaborati<strong>on</strong> between different types of services—including between financial<br />
counselling and domestic violence services.<br />
It is not clear how well ec<strong>on</strong>omic <strong>abuse</strong> is understood and resp<strong>on</strong>ded to by service providers<br />
in different sectors. This is also the case in regard to any collaborati<strong>on</strong>s and innovative<br />
service models which might be providing effective resp<strong>on</strong>ses.<br />
Financial literacy educati<strong>on</strong> and financial capability building have been identified as<br />
preventative measures and as resp<strong>on</strong>ses for women who have experienced violence. There<br />
is a need for a better understanding of the appropriate c<strong>on</strong>texts for providing financial<br />
literacy educati<strong>on</strong> to women experiencing ec<strong>on</strong>omic <strong>abuse</strong>, including the potential for<br />
‘mainstream’ community-based educati<strong>on</strong> programs to fill this role.<br />
vi
Introducti<strong>on</strong><br />
This literature review has been written as the first part of the <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse<br />
Project, a joint advocacy initiative of <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an<br />
UnitingCare. The project emerged from the organisati<strong>on</strong>s’ shared c<strong>on</strong>cerns about ec<strong>on</strong>omic<br />
<strong>abuse</strong> being experienced by women accessing their services.<br />
Both <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service and Kild<strong>on</strong>an UnitingCare provide services to<br />
some of the most vulnerable people in our community. These include family violence<br />
interventi<strong>on</strong> programs and financial counselling. Both organisati<strong>on</strong>s have also been leaders<br />
in the development and provisi<strong>on</strong> of financial inclusi<strong>on</strong> initiatives such as loans and savings<br />
programs for women. Kild<strong>on</strong>an UnitingCare provides violence preventi<strong>on</strong> and interventi<strong>on</strong><br />
programs for men, women and children including individual and group work resp<strong>on</strong>ses and<br />
men’s behaviour change programs. <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service operates the<br />
Morningt<strong>on</strong> Peninsula <strong>Family</strong> Violence Program which supports women and children<br />
experiencing domestic violence and provides other women’s counselling and peer support<br />
programs. Workers at both organisati<strong>on</strong>s have encountered harrowing stories of ec<strong>on</strong>omic<br />
<strong>abuse</strong> leading to acquired debt, poverty and homelessness.<br />
Ec<strong>on</strong>omic <strong>abuse</strong> has often been overlooked in the spectrum of domestic and family violence.<br />
In Australia ec<strong>on</strong>omic <strong>abuse</strong> has <strong>on</strong>ly recently been recognised in some legal jurisdicti<strong>on</strong>s<br />
and there is a low level of public awareness of it. Combined with some clear evidence of the<br />
damaging effects of ec<strong>on</strong>omic <strong>abuse</strong> these factors present a str<strong>on</strong>g argument for more to be<br />
d<strong>on</strong>e to identify and address ec<strong>on</strong>omic <strong>abuse</strong> in the Australian c<strong>on</strong>text.<br />
The <str<strong>on</strong>g>Spotlight</str<strong>on</strong>g> <strong>on</strong> Ec<strong>on</strong>omic Abuse Project aims to identify systemic issues of ec<strong>on</strong>omic<br />
<strong>abuse</strong> to facilitate and guide initiatives within government, corporati<strong>on</strong>s and community<br />
service sectors for the preventi<strong>on</strong>, early interventi<strong>on</strong> and mitigati<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>. This<br />
paper takes the first step in this journey, presenting a review of nati<strong>on</strong>al and internati<strong>on</strong>al<br />
research literature relating to ec<strong>on</strong>omic <strong>abuse</strong> in Australia and identifying key areas of policy<br />
and sectors for interventi<strong>on</strong>. It is underpinned by the shared belief of <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong><br />
& <strong>Family</strong> Service and Kild<strong>on</strong>an UnitingCare that it is <strong>on</strong>ly after we name ec<strong>on</strong>omic <strong>abuse</strong><br />
that we can work together to c<strong>on</strong>fr<strong>on</strong>t and prevent it. By identifying and describing ec<strong>on</strong>omic<br />
<strong>abuse</strong>, its impacts and the way in which it is perpetuated, we can begin to take acti<strong>on</strong> to<br />
build collaborative partnerships and develop innovative resp<strong>on</strong>ses to address <strong>abuse</strong>.<br />
This literature and policy review paper presents a complex picture of an intersecting web of<br />
factors and relati<strong>on</strong>ships at systemic, political, legal, ec<strong>on</strong>omic and cultural levels that<br />
perpetuate ec<strong>on</strong>omic <strong>abuse</strong>. It also draws attenti<strong>on</strong> to the need for engagement and<br />
cooperati<strong>on</strong> across community, corporate and government sectors to tackle ec<strong>on</strong>omic<br />
<strong>abuse</strong>.<br />
1
Overview<br />
This paper is organised as follows:<br />
<br />
<br />
<br />
<br />
<br />
Secti<strong>on</strong> 2 defines and describes ec<strong>on</strong>omic <strong>abuse</strong> and c<strong>on</strong>siders what is known from<br />
research literature about its prevalence.<br />
Secti<strong>on</strong> 3 explores the c<strong>on</strong>text of and influences <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong> and it reviews<br />
literature <strong>on</strong> what is known about the impacts of <strong>abuse</strong>. This secti<strong>on</strong> also looks at<br />
community attitudes to <strong>abuse</strong> and it presents a classificati<strong>on</strong> for policies, practices<br />
and regulatory frameworks affecting ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Secti<strong>on</strong> 4 identifies and describes some recent developments in key areas of public<br />
policy relating to ec<strong>on</strong>omic <strong>abuse</strong>. These are: family and domestic violence; social<br />
security and crisis support; housing and homelessness; child support and family<br />
assistance; and financial capability and financial counselling; and legal assistance<br />
and legal costs.<br />
Secti<strong>on</strong> 5 identifies and describes key legal and regulatory frameworks which have<br />
significance for understandings of and resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong>. These are:<br />
family violence laws; family law (property); victims’ compensati<strong>on</strong>; superannuati<strong>on</strong>;<br />
migrati<strong>on</strong> laws; anti-discriminati<strong>on</strong> laws; and c<strong>on</strong>sumer protecti<strong>on</strong> regulati<strong>on</strong>.<br />
Secti<strong>on</strong> 6 provides an overview of employment policies, regulati<strong>on</strong> and practices as<br />
they relate to ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Secti<strong>on</strong> 7 c<strong>on</strong>siders community services policies and practices which relate to and<br />
impact <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong>.<br />
2
Ec<strong>on</strong>omic Abuse<br />
This secti<strong>on</strong> is c<strong>on</strong>cerned with the nature of ec<strong>on</strong>omic <strong>abuse</strong> and the ways in which it has<br />
been understood and described. First, it identifies ec<strong>on</strong>omic <strong>abuse</strong> as a form of domestic<br />
and family violence and draws <strong>on</strong> the research literature to describe the types of behaviours<br />
that can c<strong>on</strong>stitute ec<strong>on</strong>omic <strong>abuse</strong>. Sec<strong>on</strong>d, it c<strong>on</strong>siders other forms of violence and<br />
exploitati<strong>on</strong> which may overlap with ec<strong>on</strong>omic <strong>abuse</strong>. Finally it explores what is known from<br />
the research literature about the prevalence of ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Describing ec<strong>on</strong>omic <strong>abuse</strong><br />
Ec<strong>on</strong>omic <strong>abuse</strong>—also referred to as ec<strong>on</strong>omic violence, ec<strong>on</strong>omic c<strong>on</strong>trol, ec<strong>on</strong>omic<br />
deprivati<strong>on</strong>, financial <strong>abuse</strong> and financial c<strong>on</strong>trol—is a form of domestic and family violence,<br />
involving behaviours that negatively affect a pers<strong>on</strong> financially and undermine that pers<strong>on</strong>’s<br />
efforts to become ec<strong>on</strong>omically independent (Weaver et al. 2009). While ec<strong>on</strong>omic <strong>abuse</strong><br />
may be recognised and understood by those affected by domestic violence and by people<br />
who work with them (Brookes 2006) it is has <strong>on</strong>ly recently become a focus for research in<br />
Australia, with early work including reports by Branigan (2004) and by Green and Pearce<br />
(2002, cited by Brookes 2006). Ec<strong>on</strong>omic <strong>abuse</strong> has also <strong>on</strong>ly recently been included as a<br />
form of domestic and family violence in some, but not all, Australian family violence laws<br />
(ALRC/NSWLRC 2010).<br />
In Victoria, Domestic Violence Victoria (DV Vic), the peak body representing domestic and<br />
family violence services, provides the following definiti<strong>on</strong> of family violence:<br />
<strong>Family</strong> Violence is the repeated use of violent, threatening, coercive or<br />
c<strong>on</strong>trolling behaviour by an individual against a family member(s), or some<strong>on</strong>e<br />
with whom they have, or have had an intimate relati<strong>on</strong>ship including carers.<br />
Violent behaviour includes not <strong>on</strong>ly physical assaults but an array of power<br />
and c<strong>on</strong>trol tactics used al<strong>on</strong>g a c<strong>on</strong>tinuum in c<strong>on</strong>cert with <strong>on</strong>e another,<br />
including direct or indirect threats, sexual assault, emoti<strong>on</strong>al and psychological<br />
torment, ec<strong>on</strong>omic c<strong>on</strong>trol, property damage, social isolati<strong>on</strong> and behaviour<br />
which causes a pers<strong>on</strong> to live in fear.<br />
Currently <strong>on</strong>ly certain behaviours and acti<strong>on</strong>s defined as family violence are<br />
criminal offences, any behaviour that c<strong>on</strong>stitutes family violence is<br />
unacceptable.<br />
<strong>Family</strong> violence can occur within any family relati<strong>on</strong>ship, including same sex<br />
relati<strong>on</strong>ships. It affects transgender people, the elderly and people with<br />
disabilities. While it can be perpetuated by any member of a family against<br />
another, it is more likely to be perpetrated by men (predominately by a<br />
woman’s current or ex-partner) against women and children.<br />
The Victorian Indigenous <strong>Family</strong> Violence Taskforce has defined family<br />
violence as: ‘An issue focused around a wide range of physical, emoti<strong>on</strong>al,<br />
sexual, social, spiritual, cultural, psychological and ec<strong>on</strong>omic <strong>abuse</strong>s that<br />
occur within families, intimate relati<strong>on</strong>ships, extended families, kinship<br />
networks and communities. It extends to <strong>on</strong>e <strong>on</strong> <strong>on</strong>e fighting, <strong>abuse</strong> of<br />
Indigenous community workers, as well as self harm, injury and suicide.’ (DV<br />
Vic 2011, accessed 24 June 2012)<br />
3
The DV Vic definiti<strong>on</strong> informs the understanding of domestic and family violence adopted in<br />
this paper. In Australia generally the term family violence is more typically used to refer to<br />
violence perpetrated by a range of family or community members while domestic violence<br />
refers to violence perpetrated by a male partner towards a woman. Both terms acknowledge<br />
the gendered nature of violence and they are often used interchangeably (Murray & Powell<br />
2011). Throughout this paper they are used together to maintain a focus <strong>on</strong> the intimate<br />
partner relati<strong>on</strong>ships in which most family violence occurs and to include c<strong>on</strong>siderati<strong>on</strong> of the<br />
other family and community c<strong>on</strong>texts in which ec<strong>on</strong>omic <strong>abuse</strong> occurs, including for<br />
Aboriginal and Torres Strait Islander women (Bryant & Willis 2008), older adults (Bagshaw,<br />
Wendt & Zannettino 2009; McFerran 2009) and people with disabilities (Hague et al. 2008).<br />
For example in relati<strong>on</strong> to people with disabilities, ec<strong>on</strong>omic <strong>abuse</strong> may be perpetrated by<br />
some<strong>on</strong>e who is not a relative or intimate partner but is in a family-like relati<strong>on</strong>ship living with<br />
the pers<strong>on</strong> with a disability or is providing care and pers<strong>on</strong>al support to that pers<strong>on</strong> in a<br />
home envir<strong>on</strong>ment (Office of the Public Advocate 2010).<br />
Acknowledging that the vast majority of domestic and family violence is perpetrated by men<br />
against women, the term woman is used in making n<strong>on</strong>-specific references to people<br />
affected by violence. This is not intended to suggest that all men are perpetrators of violence<br />
nor that men are never victims of <strong>abuse</strong>. Violence may occur in same-sex relati<strong>on</strong>ships and<br />
may be perpetrated by women; however, typically domestic violence is perpetrated by men<br />
against their current or former female partner.<br />
There is no single broadly adopted definiti<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>. Definiti<strong>on</strong>s vary somewhat<br />
according to their purpose (for example, for legal, statistical or research purposes).<br />
Ec<strong>on</strong>omic <strong>abuse</strong> as a form of domestic and family violence is most often defined in terms of<br />
behaviours of the pers<strong>on</strong> perpetrating the violence. In definiti<strong>on</strong>s of family and domestic<br />
violence in the family violence laws in Australia that include ec<strong>on</strong>omic <strong>abuse</strong>, it has been<br />
formulated as including the following:<br />
unreas<strong>on</strong>able c<strong>on</strong>trolling behaviour without c<strong>on</strong>sent that denies a pers<strong>on</strong> financial<br />
aut<strong>on</strong>omy<br />
withholding financial support reas<strong>on</strong>ably necessary for the maintenance of a partner;<br />
coercing a partner to relinquish c<strong>on</strong>trol over assets<br />
unreas<strong>on</strong>ably preventing a pers<strong>on</strong> from taking part in decisi<strong>on</strong>s over household<br />
expenditure or the dispositi<strong>on</strong> of joint property<br />
coercing a pers<strong>on</strong> to claim social security payments<br />
preventing a pers<strong>on</strong> from seeking or keeping employment.<br />
(ALRC/NSWLRC 2010, pp. 196-197). 2<br />
The Australian Bureau of Statistics (ABS) defines ec<strong>on</strong>omic <strong>abuse</strong> as:<br />
actual or threatened (<strong>abuse</strong>), including deprivati<strong>on</strong> of basic necessities;<br />
seizure of income or assets; withholding or c<strong>on</strong>trolling against a pers<strong>on</strong>’s will<br />
their access to m<strong>on</strong>ey, food, clothes and pers<strong>on</strong>al items such as car keys or<br />
bankbook; unreas<strong>on</strong>able denial of the means necessary for participati<strong>on</strong> in<br />
social life; and coerci<strong>on</strong>. (ABS 2009, p. 9)<br />
The ABS identifies the relati<strong>on</strong>ships in which ec<strong>on</strong>omic <strong>abuse</strong> might occur as marriage;<br />
defacto relati<strong>on</strong>ships; intimate relati<strong>on</strong>ships, whether of a sexual nature or not; parent-child<br />
2 These formulati<strong>on</strong>s are drawn from the <strong>Family</strong> Violence Protecti<strong>on</strong> Act 2008 (Vic) s 6; Interventi<strong>on</strong><br />
Orders (Preventi<strong>on</strong> of Abuse) Act 2009 (SA) s 8(5); <strong>Family</strong> Violence Act 2004 (Tas) ss 7, 8; and the<br />
Domestic and <strong>Family</strong> Violence Act 2007 (NT) s 5. The full definiti<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> in the<br />
Victorian legislati<strong>on</strong> is given in full in Appendix B of this report.<br />
4
elati<strong>on</strong>ships; sibling relati<strong>on</strong>ships; domestic relati<strong>on</strong>ships; relatives through blood, marriage,<br />
or cultural, ethnic or religious beliefs (including kinship relati<strong>on</strong>ships); and relati<strong>on</strong>ships of<br />
dependency, or involving pers<strong>on</strong>al or financial commitment (ABS 2009, p. 9).<br />
Within the practice and research literature c<strong>on</strong>cerned with domestic and family violence,<br />
definiti<strong>on</strong>s of ec<strong>on</strong>omic <strong>abuse</strong> are somewhat broader. For example Tolman (2011 p. 1)<br />
identifies ec<strong>on</strong>omic <strong>abuse</strong> “in its broadest c<strong>on</strong>ceptualisati<strong>on</strong>s, (as) the set of behaviors<br />
designed to harm women’s ec<strong>on</strong>omic wellbeing”. Similarly Adams and colleagues (Adams et<br />
al. 2008, p. 564) describe ec<strong>on</strong>omic <strong>abuse</strong> as involving behaviours that ‘c<strong>on</strong>trol a woman’s<br />
ability to acquire, use, and maintain ec<strong>on</strong>omic resources, thus threatening her ec<strong>on</strong>omic<br />
security and potential for self-sufficiency’.<br />
Recent research, reports from practiti<strong>on</strong>ers and reviews of family and domestic violence<br />
research have identified types of behaviours which can c<strong>on</strong>stitute ec<strong>on</strong>omic <strong>abuse</strong>. For<br />
example, from her research in the United Kingdom, Sharp (2008, pp. 1-2) identified these<br />
four types of <strong>abuse</strong>:<br />
<br />
<br />
<br />
<br />
interfering with educati<strong>on</strong> and employment<br />
c<strong>on</strong>trolling access to ec<strong>on</strong>omic resources<br />
refusing to c<strong>on</strong>tribute<br />
generating ec<strong>on</strong>omic cost.<br />
Based <strong>on</strong> their review of research in the United States, Adams et al. (2008) identified three<br />
types of ec<strong>on</strong>omic <strong>abuse</strong>:<br />
<br />
<br />
<br />
preventing women from acquiring resources<br />
preventing women from using resources<br />
exploiting women’s resources.<br />
Combining these, the following four types of behaviours can be identified:<br />
<br />
<br />
<br />
<br />
Preventing acquisiti<strong>on</strong> of ec<strong>on</strong>omic resources:<br />
o through interfering with educati<strong>on</strong>, training and employment<br />
o through preventing acquisiti<strong>on</strong> of other ec<strong>on</strong>omic resources.<br />
Preventing use of resources/c<strong>on</strong>trolling access to ec<strong>on</strong>omic resources.<br />
Refusing to c<strong>on</strong>tribute.<br />
Exploiting women’s resources and/or generating ec<strong>on</strong>omic costs.<br />
Examples of these types of behaviours are identified in recent research studies from<br />
Australia (Braaf & Barrett Meyering 2011; Branigan 2004; Branigan 2007; Fraser, Hunter &<br />
Borrell 2011; McFerran 2011), the UK (Refuge 2005; Sharp 2008), the USA (Adams et al.<br />
2008; Anders<strong>on</strong> et al. 2003; Moe & Bell 2004; Postmus et al. 2012; Tolman & Wang 2005),<br />
and Canada (Power 2006).<br />
5
Case Study: Maria<br />
Maria’s husband used manipulative behaviour to try to ensure Maria remained reliant <strong>on</strong> him<br />
for financial security. Initially he discouraged her from joining the workforce, saying she<br />
should c<strong>on</strong>centrate <strong>on</strong> minding their three children. After the children started school Maria<br />
wanted to study nursing. Outwardly her husband gave his approval but he made it difficult, if<br />
not impossible, for Maria to study effectively.<br />
Maria’s husband promised to look after the kids but double-booked so Maria had to miss<br />
classes or study. He hid her study documents, professing ignorance if she asked him about<br />
them. He accused her of being selfish if she made study a priority over his or the children’s<br />
needs. He took steps to make her exhausted when she sat exams or had other important<br />
study days, coming home late and waking her, or provoking arguments or stressful<br />
encounters close to bedtime.<br />
Maria passed her course and began working. Her husband appeared to support her but as<br />
time went by increasingly he sabotaged her efforts to be a reliable, c<strong>on</strong>sistent employee. He<br />
promised her use of the car then took it himself. He offered to drive her to the stati<strong>on</strong> then<br />
pretended to forget. He insisted she stay home if the children were sick and he never took<br />
time off to care for them. He sometimes turned up at her workplace unexpectedly, even<br />
though she asked him not to.<br />
After Maria left her husband his visits to work c<strong>on</strong>tinued and were openly nasty. He often<br />
called and shouted at her over the ph<strong>on</strong>e and he threatened her workmates.<br />
Case study from <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service family violence program.<br />
The list below has been drawn from the findings of this body of research, from reviews of<br />
literature (Fawole 2008; Gilfus 2002; Landvogt 2011; Nati<strong>on</strong>al Coaliti<strong>on</strong> against Domestic<br />
Violence [NCADV] n.d.; Renzetti 2009; Swanberg, Macke & Logan 2005; Tolman 2011) and<br />
from practiti<strong>on</strong>er accounts of <strong>abuse</strong> (Fraser, Hunter & Borrell 2011; Green & Pearce 2002;<br />
Hand, Chung & Peters 2009).<br />
A.1 Preventing acquisiti<strong>on</strong> of ec<strong>on</strong>omic resources through interfering with<br />
educati<strong>on</strong>, training and employment<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
sabotaging transport (for example, hiding keys or taking car, refusing to give a ride to<br />
work)<br />
failing to provide promised childcare<br />
hiding work clothes<br />
destroying documents (for example, books for study, essays)<br />
physically restraining women<br />
inflicting injuries<br />
cutting a woman’s hair<br />
preventing sleep<br />
stealing/withholding medicati<strong>on</strong><br />
harassing with ph<strong>on</strong>e calls to work during the day<br />
harassing co-workers<br />
threatening or demanding woman quits job/study<br />
following woman to and from work.<br />
6
A.2 Preventing acquisiti<strong>on</strong> of ec<strong>on</strong>omic resources through other interference<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
taking pay<br />
interfering with receipt of other income (for example, child support, income support)<br />
refusing to include a woman’s name <strong>on</strong> property titles or car ownership papers<br />
not allowing car ownership<br />
preventing a woman having access to her own bank account/joint bank account<br />
preventing access to financial informati<strong>on</strong><br />
preventing involvement in important financial decisi<strong>on</strong>s.<br />
B. Preventing use of resources/c<strong>on</strong>trolling access to ec<strong>on</strong>omic resources<br />
<br />
<br />
<br />
<br />
<br />
c<strong>on</strong>trolling a woman’s ability to make use of her own or shared resources<br />
c<strong>on</strong>trolling how m<strong>on</strong>ey is spent and limiting access (for example, denying access<br />
to m<strong>on</strong>ey for necessities such as food or allocating a specific amount of m<strong>on</strong>ey<br />
and no more to be spent <strong>on</strong> household necessities)<br />
limiting access to and m<strong>on</strong>itoring use of transportati<strong>on</strong><br />
c<strong>on</strong>trolling a woman’s credit card, bank account access<br />
m<strong>on</strong>itoring all spending and making a woman account for all m<strong>on</strong>ey spent.<br />
C. Refusing to c<strong>on</strong>tribute<br />
refusing to c<strong>on</strong>tribute to household expenses (including making woman solely<br />
resp<strong>on</strong>sible for household debts such as utility bills)<br />
refusing to earn income or claim incomes support or other benefits;<br />
D. Exploiting a woman’s resources and generating ec<strong>on</strong>omic costs<br />
depleting a woman’s resources including stealing m<strong>on</strong>ey and causing debts to be<br />
generated in her name<br />
stealing, destroying or damaging household goods, a woman’s bel<strong>on</strong>gings,<br />
houses, cars<br />
pawning a woman’s property or shared property<br />
running up debts in a woman’s name (for example, fines associated with cars,<br />
business losses), possibly leading to bankruptcy<br />
obtaining credit in a woman’s name or in both names, using up the credit and<br />
running up debts<br />
spending m<strong>on</strong>ey required for household needs (for example, rent, food, bills).<br />
forcing a woman to commit social security or tax fraud.<br />
The Power and C<strong>on</strong>trol Wheel shown below was developed <strong>on</strong> the basis of women’s<br />
experiences of domestic violence to document the most comm<strong>on</strong> forms of abusive<br />
behaviours or tactics used by men against women. It includes ec<strong>on</strong>omic <strong>abuse</strong> as <strong>on</strong>e<br />
aspect of a pattern of acti<strong>on</strong>s used to intenti<strong>on</strong>ally c<strong>on</strong>trol or dominate a partner. This wheel<br />
is widely used in Australia and elsewhere as a tool for assisting workers and women who<br />
have experienced violence to identify and understand c<strong>on</strong>trolling and abusive<br />
behaviours(Christy-McMullin 2011; Domestic Violence Resource Centre Victoria 2012,<br />
viewed 19 August 2012, http://www.dvrcv.org.au/ellen-pence/>; Sharp 2008).<br />
7
Some ‘typical scenarios’ of ec<strong>on</strong>omic <strong>abuse</strong> identified by Kild<strong>on</strong>an UnitingCare financial<br />
counsellors include:<br />
<br />
<br />
<br />
Men who either get their partner to sign up as the car owner or regularly take their<br />
partner’s car and run up thousands of dollars in fines; if he is young, the man<br />
typically disappears, as does the car.<br />
Men who hold assets in their names and ensure all liabilities are in their partner’s<br />
name – usually credit cards, household bills and pers<strong>on</strong>al loans.<br />
Men who use the assets of their partner as security to fund fairly risky projects or<br />
speculati<strong>on</strong>, often getting access to their partner’s superannuati<strong>on</strong> through the<br />
hardship provisi<strong>on</strong>s or persuading them to cash in their l<strong>on</strong>g service leave, family<br />
borrowings etc. In <strong>on</strong>e case, a nurse in her mid 50s had a nervous breakdown. The<br />
counsellor said this woman felt she had been used by her partner as a ‘cash cow’.<br />
Men who c<strong>on</strong>trol their partners by allowing for no separate partner income and<br />
providing inadequate funds for running a household, maintaining a car, feeding the<br />
family or for pers<strong>on</strong>al spending.<br />
Fraser, Hunter & Borrell 2011, p. 10<br />
8
Diagram 1: Power and C<strong>on</strong>trol Wheel<br />
Domestic Abuse Interventi<strong>on</strong> Project 1984<br />
(accessed 21 July 2012, )<br />
9
As part of repeated or <strong>on</strong>going c<strong>on</strong>trolling behaviour ec<strong>on</strong>omic <strong>abuse</strong> is likely to occur in<br />
c<strong>on</strong>juncti<strong>on</strong> with and as part of other forms of domestic and family violence as indicated in<br />
the following examples, which draw <strong>on</strong> the ABS (2009) definiti<strong>on</strong>s of forms of family<br />
violence:<br />
interfering with educati<strong>on</strong> or employment may involve physical <strong>abuse</strong> such as<br />
restraining the woman or preventing sleep<br />
ec<strong>on</strong>omic exploitati<strong>on</strong> of a woman may involve sexual <strong>abuse</strong> where a woman is<br />
forced or coerced to engage in sexual activities for m<strong>on</strong>ey<br />
<br />
psychological or emoti<strong>on</strong>al <strong>abuse</strong> whereby manipulative behaviour is used to make a<br />
woman feel she has or is a problem and cannot succeed at study or other<br />
endeavours<br />
interference with participati<strong>on</strong> in employment and c<strong>on</strong>trolling access to ec<strong>on</strong>omic<br />
resources may involve social <strong>abuse</strong> whereby a woman is forcibly isolated from family<br />
or friends and rendered unreas<strong>on</strong>ably dependent <strong>on</strong> a partner<br />
interference with work participati<strong>on</strong> may involve harassment or stalking such as<br />
c<strong>on</strong>stant ph<strong>on</strong>e calls or repeated visits to a workplace.<br />
Sharp (2008a) has developed an ‘ec<strong>on</strong>omic <strong>abuse</strong> wheel’ to show how the use of ec<strong>on</strong>omic<br />
<strong>abuse</strong> reinforces and overlaps with other types of c<strong>on</strong>trol as a form of domestic violence<br />
Diagram 2: Ec<strong>on</strong>omic Abuse Wheel<br />
10
Ec<strong>on</strong>omic <strong>abuse</strong> and elder <strong>abuse</strong><br />
Ec<strong>on</strong>omic <strong>abuse</strong> of older people has also been identified as a comm<strong>on</strong> form of ‘elder <strong>abuse</strong>’,<br />
which is a c<strong>on</strong>cept that is different from, but has a significant overlap with, domestic and<br />
family violence. Elder <strong>abuse</strong> may be a form of domestic or family violence or it may occur<br />
outside intimate pers<strong>on</strong>al and family relati<strong>on</strong>ships. The term refers to the harm or neglect of<br />
an older pers<strong>on</strong> by a pers<strong>on</strong> with whom the older pers<strong>on</strong> has a relati<strong>on</strong>ship of a kind that<br />
implies trust and/or dependence (ABS 2006; Elder Abuse Preventi<strong>on</strong> Unit, viewed 7 July<br />
2012 at ). Thus, elder <strong>abuse</strong> perpetrated by a<br />
partner, family member or by an unpaid carer in an informal relati<strong>on</strong>ship is a form of<br />
domestic or family violence while the c<strong>on</strong>cept also includes <strong>abuse</strong> in a much wider range of<br />
relati<strong>on</strong>ships, including with paid carers and in paid care settings (Office of the Public<br />
Advocate 2010, Queensland Law Society 2010). Outside Australia the term has also been<br />
used to refer to single incidents such as decepti<strong>on</strong> or c<strong>on</strong>trolling behaviour perpetrated by<br />
strangers; for example salespeople (Straka & M<strong>on</strong>tminy 2006). However, in Australia <strong>abuse</strong><br />
or fraud perpetrated by strangers is not usually included in definiti<strong>on</strong>s of elder <strong>abuse</strong>.<br />
In Australia, the majority of <strong>abuse</strong>rs of older people (80-90 per cent) have been found to be<br />
close family members (Kurrle 2004, p.809). Several studies have found ec<strong>on</strong>omic <strong>abuse</strong> to<br />
be the most comm<strong>on</strong> form of reported or suspected elder <strong>abuse</strong> in family relati<strong>on</strong>ships, with<br />
the older pers<strong>on</strong>’s adult s<strong>on</strong> or daughter most likely to be the <strong>abuse</strong>r (Bagshaw, Wendt and<br />
Zannettino 2007). Seniors Rights Victoria (2012, p. 5) report that, am<strong>on</strong>g older people<br />
approaching their service for informati<strong>on</strong> and support relating to <strong>abuse</strong>, financial <strong>abuse</strong> is the<br />
most comm<strong>on</strong> form and it “most comm<strong>on</strong>ly manifests as financial loss arising from the<br />
disposal of an older pers<strong>on</strong>’s assets in exchange for their future care and accommodati<strong>on</strong>,<br />
often under pressure from another party”.<br />
The complex social and legal c<strong>on</strong>texts of elder <strong>abuse</strong> require additi<strong>on</strong>al c<strong>on</strong>siderati<strong>on</strong>s that<br />
are bey<strong>on</strong>d the scope of this paper. These include that <strong>abuse</strong> often occurs where an elderly<br />
pers<strong>on</strong> is vulnerable due to guardianship or power of attorney arrangements, which may be<br />
‘vehicles for financial elder <strong>abuse</strong>’ (Productivity Commissi<strong>on</strong> 2011, p. 454).<br />
Ec<strong>on</strong>omic <strong>abuse</strong>, labour exploitati<strong>on</strong>, trafficking and forced labour<br />
The boundaries between ec<strong>on</strong>omic <strong>abuse</strong> and other forms of violence and exploitati<strong>on</strong> can<br />
be blurred. While there is very limited evidence that other forms of <strong>abuse</strong> and exploitati<strong>on</strong><br />
are comm<strong>on</strong> in Australia they may be experienced by some women and there are groups<br />
who are vulnerable to such <strong>abuse</strong> and exploitati<strong>on</strong>. The most comm<strong>on</strong> form may be labour<br />
exploitati<strong>on</strong>, involving employment with pay and c<strong>on</strong>diti<strong>on</strong>s that are beneath minimum<br />
regulated standards (Nelms, Nichols<strong>on</strong> & Wheatley 2011). Women and younger men such<br />
as students and others <strong>on</strong> temporary visas may be particularly vulnerable to labour<br />
exploitati<strong>on</strong> (Burn et al. 2012). A situati<strong>on</strong> of forced labour exists where a pers<strong>on</strong> cannot<br />
leave the work because of threats or force (Burn et al. 2012) and some situati<strong>on</strong>s of forced<br />
labour may c<strong>on</strong>stitute slavery (Cullen & McSherry 2009). A separate problem is where<br />
women are trafficked to Australia for the purpose of placing them in exploitative or abusive<br />
situati<strong>on</strong>s such as into forced prostituti<strong>on</strong>.<br />
While the overlaps between ec<strong>on</strong>omic <strong>abuse</strong> and these other forms of <strong>abuse</strong> and<br />
exploitati<strong>on</strong> are recognised, this paper does not include an examinati<strong>on</strong> of this broader<br />
literature. Where labour exploitati<strong>on</strong> occurs within family and intimate partner relati<strong>on</strong>ships,<br />
for example where an abusive partner coerces a woman to work in a family enterprise<br />
without any benefit to the woman, this is within the definiti<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> used in this<br />
paper. Elsewhere this type of situati<strong>on</strong> could be termed ‘servile marriage’. Servile marriage is<br />
11
also outside the scope of this paper, while it is recognised that forced marriage can be a<br />
form of domestic and family violence<br />
How comm<strong>on</strong> is ec<strong>on</strong>omic <strong>abuse</strong>?<br />
Historically ec<strong>on</strong>omic <strong>abuse</strong> has not been included as a form of domestic and family<br />
violence in law nor in definiti<strong>on</strong>s used in surveys of violence. Therefore, there is limited<br />
informati<strong>on</strong> from Australian sources about its prevalence in the populati<strong>on</strong>. Key nati<strong>on</strong>al data<br />
sources <strong>on</strong> domestic and family violence are the Pers<strong>on</strong>al Safety Survey c<strong>on</strong>ducted by the<br />
ABS (ABS 2006) and the Australian comp<strong>on</strong>ent of the Internati<strong>on</strong>al Violence Against Women<br />
Survey (IVAWS) (Mouzos & Makkai 2004), neither of which included ec<strong>on</strong>omic <strong>abuse</strong> in their<br />
definiti<strong>on</strong>s of domestic and family violence. The Pers<strong>on</strong>al Safety Survey found that two per<br />
cent of women had been subject to violence by a current partner and 15 per cent had<br />
experienced violence by a previous partner. By comparis<strong>on</strong>, just under <strong>on</strong>e per cent of men<br />
had experienced violence from a current partner and almost five per cent had experienced<br />
violence from a previous partner (ABS 2006, p. 11). The IVAWS survey found that 34 per<br />
cent of women who had a current or former intimate partner had been subject to domestic<br />
violence at least <strong>on</strong>ce, with 36 per cent experiencing violence from a former partner and 10<br />
per cent from a current partner (Mouzos & Makkai 2004, p. 3).<br />
While there is limited Australian research <strong>on</strong> its prevalence, there are research findings that<br />
suggest ec<strong>on</strong>omic <strong>abuse</strong> may be a very comm<strong>on</strong> form of violence affecting women who<br />
seek assistance because of domestic and family violence. A recent Australian study found<br />
80 per cent of 134 women who reported they had experienced domestic violence had been<br />
subject to financial <strong>abuse</strong> (Evans 2007). In this study financial <strong>abuse</strong> referred to “a situati<strong>on</strong><br />
where <strong>on</strong>e partner in a relati<strong>on</strong>ship maintains c<strong>on</strong>trol over the finances and prevents the<br />
other from having ready access to available funds” (Evans 2007, p. 25). Thus, the 80 per<br />
cent of women would not include any who experienced interference with their participati<strong>on</strong> in<br />
educati<strong>on</strong>, training or employment but who did not also experience c<strong>on</strong>trol over their<br />
finances. In a recent Australian <strong>on</strong>line survey of workers nearly half of resp<strong>on</strong>dents who had<br />
experienced domestic violence reported that the violence affected their capacity to get to<br />
work; 31 per cent of this group reported that car keys or transport m<strong>on</strong>ey were hidden or<br />
stolen, 23 per cent reported that pers<strong>on</strong>al documents were hidden or stolen and 23 per cent<br />
reported that their partner refused or failed to show up to care for children (McFerran 2011,<br />
p. 9).<br />
Much of the other relevant research available is from the United States and this also mostly<br />
c<strong>on</strong>cerns women seeking assistance due to domestic violence. One recent United States<br />
study found that over 90 per cent of 120 women participating in a domestic violence support<br />
group had experienced some form of ec<strong>on</strong>omic <strong>abuse</strong> (Postmus et al. 2012). Examples<br />
included: experiences of a partner doing things to keep the woman from going to her job (68<br />
per cent); a partner spending m<strong>on</strong>ey that was needed for rent or bills (69 per cent); a partner<br />
running up debt under the woman’s name by using her credit cards or running up ph<strong>on</strong>e bills<br />
(59 per cent); and a partner making a woman ask for m<strong>on</strong>ey (74 per cent) (Postmus et al.<br />
2012). In another US study which trialled a ‘Scale of Ec<strong>on</strong>omic Abuse’ 99 per cent of 120<br />
women who were seeking support from domestic violence services were found to have been<br />
subject to ec<strong>on</strong>omic <strong>abuse</strong> and, of those who were <strong>on</strong> low incomes, 76 per cent reported<br />
that the material hardship they faced was very much or completely the resp<strong>on</strong>sibility of their<br />
abusive partner (Adams et al. 2008, p. 581). Reviewing US studies from the late 1980s to<br />
mid 2000s Adams et al. (2008) report findings of between 29 and 62 per cent of women<br />
experiencing domestic violence reporting that their partners’ interfered with their ability to<br />
further their educati<strong>on</strong>. Other research found 38 per cent of 485 women seeking support<br />
from domestic violence services reported that their partners had stolen m<strong>on</strong>ey from them<br />
(Anders<strong>on</strong> et al. 2003). The prevalence of ec<strong>on</strong>omic <strong>abuse</strong> varies c<strong>on</strong>siderably between<br />
12
studies, which c<strong>on</strong>cern different groups, use different methods and adopt different definiti<strong>on</strong>s<br />
of ec<strong>on</strong>omic <strong>abuse</strong>. However, overall they suggest that ec<strong>on</strong>omic <strong>abuse</strong> is often present<br />
where women experience other forms of violence.<br />
Findings from research studies in the UK c<strong>on</strong>cerning women who have sought assistance<br />
due to domestic violence show similarly high levels of ec<strong>on</strong>omic <strong>abuse</strong> experienced<br />
c<strong>on</strong>currently with other forms of domestic violence. Reviewing UK research, Sharp (2008)<br />
reports that studies have found between 43 and 98 per cent of women have experienced<br />
ec<strong>on</strong>omic <strong>abuse</strong> as part of domestic violence. Some UK research sheds light <strong>on</strong> the<br />
incidence of ec<strong>on</strong>omic <strong>abuse</strong>. 3 In a study by Robins<strong>on</strong> (2003, p. 8) 64 per cent of women<br />
who sought assistance for domestic violence experienced financial <strong>abuse</strong> and half of these<br />
women reported that they experienced financial <strong>abuse</strong> ‘almost c<strong>on</strong>stantly’, a much higher<br />
percentage than for other forms of <strong>abuse</strong>.<br />
The nati<strong>on</strong>ally representative British Crime Survey undertaken in the UK in 2001 did include<br />
ec<strong>on</strong>omic <strong>abuse</strong> as a form of domestic violence (Walby & Allen 2004). Walby and Allen<br />
(2004) reported that four per cent of women and two per cent of men were subject to<br />
domestic violence during the previous year and that these figures increased to six and five<br />
per cent respectively when emoti<strong>on</strong>al and financial <strong>abuse</strong>s were included. They estimated<br />
that <strong>on</strong>e in five women and <strong>on</strong>e in ten men had experienced at least <strong>on</strong>e incident of ‘n<strong>on</strong>sexual<br />
domestic threat or force’ since they were 16 and that if financial and emoti<strong>on</strong>al <strong>abuse</strong><br />
were included, then 26 per cent of women and 17 per cent of men had experienced<br />
domestic violence since the age of 16 (Walby & Allen 2004, p. 12). This study also found<br />
that nearly half (41%) of women who had been subject to domestic violence had also been<br />
subject to emoti<strong>on</strong>al or financial <strong>abuse</strong> (Walby & Allen 2004, pp. 18-19).<br />
The findings of these Australian and overseas research studies identifying ec<strong>on</strong>omic <strong>abuse</strong><br />
as occurring al<strong>on</strong>g with other forms of domestic and family violence are c<strong>on</strong>sistent with<br />
reports from Australian domestic violence services (ALRC/NSWLRC 2010, p 214). They are<br />
also c<strong>on</strong>sistent with understandings of domestic and family violence as a pattern of coercive<br />
c<strong>on</strong>trol and of ec<strong>on</strong>omic <strong>abuse</strong> as <strong>on</strong>e means for a perpetrator of violence in an intimate<br />
partner relati<strong>on</strong>ship to establish and sustain an unequal power balance. In the next secti<strong>on</strong><br />
ec<strong>on</strong>omic <strong>abuse</strong> is located within the broader c<strong>on</strong>text of it as an element of domestic and<br />
family violence.<br />
3 While prevalence refers to the proporti<strong>on</strong> of a populati<strong>on</strong> that has experienced a particular type of<br />
violence (<strong>on</strong>ce or more times), incidence refers to the total number of occasi<strong>on</strong>s <strong>on</strong> which the violence<br />
occurred.<br />
13
Influences, Impacts and Points of Interventi<strong>on</strong><br />
It is necessary to locate ec<strong>on</strong>omic <strong>abuse</strong> within the broader c<strong>on</strong>text of domestic and family<br />
violence and the c<strong>on</strong>text of broader social and ec<strong>on</strong>omic arrangements to identify influencing<br />
factors and impacts and to start drawing out the multiplicity of c<strong>on</strong>necti<strong>on</strong>s between public<br />
policies and practices and ec<strong>on</strong>omic <strong>abuse</strong>. In this secti<strong>on</strong> an ecological model is applied to<br />
ec<strong>on</strong>omic <strong>abuse</strong> to illustrate the complexity of the relati<strong>on</strong>ships between influencing factors<br />
and c<strong>on</strong>sequences including the underlying c<strong>on</strong>diti<strong>on</strong>s which may increase or may decrease<br />
risks of <strong>abuse</strong>. Following this, the discussi<strong>on</strong> focuses <strong>on</strong> what is known about vulnerability to<br />
ec<strong>on</strong>omic <strong>abuse</strong>. It then turns to an examinati<strong>on</strong> of the direct c<strong>on</strong>sequences of ec<strong>on</strong>omic<br />
<strong>abuse</strong> and of the financial or ec<strong>on</strong>omic c<strong>on</strong>sequences of domestic and family violence.<br />
Applying an ecological model to ec<strong>on</strong>omic <strong>abuse</strong><br />
In Figure One an ‘ecological model’ (Br<strong>on</strong>fenbrenner 1979) is applied to ec<strong>on</strong>omic <strong>abuse</strong>.<br />
This model provides a visual representati<strong>on</strong> of the multiple levels of influences <strong>on</strong> ec<strong>on</strong>omic<br />
<strong>abuse</strong> and it gives some emphasis to gender inequality including the unequal ec<strong>on</strong>omic<br />
positi<strong>on</strong> of women. Thus the model includes individual, situati<strong>on</strong>al, community and societal<br />
factors that influence <strong>abuse</strong> and ec<strong>on</strong>omic wellbeing. This type of model has been used in a<br />
wide range of c<strong>on</strong>texts to explore influences <strong>on</strong> violence (World Health Organizati<strong>on</strong> 2002, p.<br />
12) including, in Victoria, VicHealth’s (2007) framework for preventing violence against<br />
women.<br />
Influences at all levels may be positive or negative; they may either reduce or increase the<br />
likelihood of ec<strong>on</strong>omic <strong>abuse</strong> occurring or they may either lessen or exacerbate the negative<br />
c<strong>on</strong>sequences of ec<strong>on</strong>omic <strong>abuse</strong>. The solid arrows in Figure One show the directi<strong>on</strong> of<br />
causal influences. The complicated relati<strong>on</strong>ships between causal factors and resp<strong>on</strong>ses are<br />
indicated by the arrows identifying that causal influences may operate in both directi<strong>on</strong>s.<br />
This model can also be used to guide an explorati<strong>on</strong> of the relati<strong>on</strong>s of public policies and<br />
practices—including government policy and services, regulatory frameworks, and community<br />
sector policies and practices—to ec<strong>on</strong>omic <strong>abuse</strong> that captures the sphere of influence (for<br />
example, societal, community, relati<strong>on</strong>ship/individual) and later secti<strong>on</strong>s of this report<br />
address these issues.<br />
14
Figure 1: An ecological model of ec<strong>on</strong>omic <strong>abuse</strong><br />
For example,<br />
community<br />
awareness of<br />
and attitudes<br />
to ec<strong>on</strong>omic<br />
<strong>abuse</strong>.<br />
For example,<br />
financial insecurity<br />
poverty, employment,<br />
homelessness<br />
Other impacts of<br />
domestic and<br />
family violence<br />
Society<br />
Community<br />
Relati<strong>on</strong>ship<br />
Individual<br />
Decisi<strong>on</strong> to stay<br />
or leave abusive<br />
relati<strong>on</strong>ship<br />
Immediate,<br />
medium and<br />
l<strong>on</strong>g-term<br />
impacts<br />
For example,<br />
norms/values and<br />
structures (such as<br />
gender inequity)<br />
employment,<br />
welfare system<br />
For example,<br />
household stress,<br />
ec<strong>on</strong>omic<br />
dependence, gender<br />
attitudes,<br />
Society/community<br />
resp<strong>on</strong>ses to<br />
domestic & family<br />
violence<br />
Ec<strong>on</strong>omic <strong>abuse</strong> and ec<strong>on</strong>omic independence<br />
The earlier discussi<strong>on</strong> of the nature of ec<strong>on</strong>omic <strong>abuse</strong> highlighted the ways in which<br />
ec<strong>on</strong>omic <strong>abuse</strong> involves power dynamics and is about c<strong>on</strong>trolling behaviours which are<br />
directed to maintaining power and preventing women’s independence in an abusive<br />
relati<strong>on</strong>ship. Unequal power—including unequal ec<strong>on</strong>omic power—in a relati<strong>on</strong>ship can<br />
provide the c<strong>on</strong>diti<strong>on</strong>s that allow or enable domestic violence to occur by making it difficult<br />
for women to leave relati<strong>on</strong>ships in which they experience violence (Ly<strong>on</strong> 2000) and lack of<br />
financial independence has been found to be a major factor influencing a woman’s decisi<strong>on</strong><br />
to remain in an abusive relati<strong>on</strong>ship (Anders<strong>on</strong> & Saunders 2003). Thus, reducing ec<strong>on</strong>omic<br />
dependence and improving women’s financial security are seen as essential for leaving a<br />
violent partner (Braaf & Barrett Meyering 2011; Nati<strong>on</strong>al Council to Reduce Violence Against<br />
Women and their Children 2009). Here the relati<strong>on</strong>ship between the impacts of ec<strong>on</strong>omic<br />
<strong>abuse</strong> and resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong> can be seen as critical to and difficult to separate<br />
from the impacts and resp<strong>on</strong>ses to domestic and family violence more generally.<br />
15
Particular vulnerabilities to ec<strong>on</strong>omic <strong>abuse</strong><br />
With survey and research studies pointing to ec<strong>on</strong>omic <strong>abuse</strong> occurring in c<strong>on</strong>juncti<strong>on</strong> with<br />
other forms of domestic violence it is likely that any patterns of vulnerability to ec<strong>on</strong>omic<br />
<strong>abuse</strong> are similar to patterns of vulnerability identified for domestic violence more generally.<br />
While domestic violence is found across all socioec<strong>on</strong>omic groups some groups may face<br />
particular risks and these risks may arise from the complex interacti<strong>on</strong>s of a range of factors.<br />
As survey research has not traditi<strong>on</strong>ally measured ec<strong>on</strong>omic <strong>abuse</strong>, the informati<strong>on</strong> that is<br />
available about vulnerability to ec<strong>on</strong>omic <strong>abuse</strong> must largely be drawn from studies that can<br />
tell us much about the particular ways in which different groups may be vulnerable to<br />
ec<strong>on</strong>omic <strong>abuse</strong> but less about the likelihood of ec<strong>on</strong>omic <strong>abuse</strong> being more or less<br />
comm<strong>on</strong> as a form of domestic and family violence for some groups of women than for<br />
others.<br />
Australian surveys of women’s experiences of domestic violence, while not including<br />
measures of ec<strong>on</strong>omic <strong>abuse</strong>, identify young women aged between 18 and 24 years as<br />
particularly at risk of experiencing domestic violence (Mouzos & Makkai 2004). Women are<br />
also identified as being at higher risk of experiencing violence in the periods prior to and<br />
following separati<strong>on</strong> from a partner and during pregnancy (Mouzos & Makkai 2004;<br />
VicHealth 2007).<br />
There has been some recent attenti<strong>on</strong> in Australia and elsewhere to the domestic and family<br />
violence experienced by older people and reviews of the literature suggest there are some<br />
factors comm<strong>on</strong> in older age groups that have implicati<strong>on</strong>s for effective resp<strong>on</strong>ses for older<br />
women experiencing domestic and family violence (Bagshaw, Wendt & Zannettino 2009;<br />
McFerran 2009; Straka & M<strong>on</strong>tminy 2006). These factors include reluctance to report<br />
violence, financial problems and financial dependence (including barriers to employment),<br />
and health and care issues, all of which may make it difficult for women to leave abusive<br />
relati<strong>on</strong>ships. In relati<strong>on</strong> to care, Straka and M<strong>on</strong>tminy (2006) note that both women<br />
receiving and providing care may experience this as a barrier to leaving an abusive<br />
relati<strong>on</strong>ship. Bagshaw, Wendt and Zannettino (2009) note that studies have found that<br />
<strong>abuse</strong> of older people within the family is still largely the <strong>abuse</strong> of older women by older and<br />
younger men. They also suggest that for older women a particular problem may be a lack of<br />
recogniti<strong>on</strong> of forms of <strong>abuse</strong> that are not physical or sexual as domestic violence.<br />
Bagshaw, Wendt and Zannettino (2009) also identify ‘effects’ of rurality, race and culture as<br />
interacting to influence older people’s vulnerability to ec<strong>on</strong>omic <strong>abuse</strong>. Increased risks<br />
associated with these factors include the existence of barriers to seeking help which include<br />
cultural norms, low English language skills and/or accessibility of appropriate services and<br />
informati<strong>on</strong>. Other women who may face such barriers include Aboriginal and Torres Strait<br />
Islander women, women with a disability, women with mental health issues or illness and<br />
women who are lesbian, bisexual, transgender or intersex people (State of Victoria 2010).<br />
The nature of women’s dependence <strong>on</strong> a partner or other family member may increase the<br />
vulnerability of some groups of women who experience domestic violence to experiencing<br />
ec<strong>on</strong>omic <strong>abuse</strong> as part of this violence (Sanders & Schnabel 2007). For example women<br />
who are asylum seekers, refugees or recent migrants applying for residency or work visas,<br />
women in small family agricultural businesses, women with a disability, and women in some<br />
Aboriginal and Torres Strait Islander communities may have particular vulnerabilities to<br />
ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Women with a disability or illness who have physical care needs or cognitive impairments<br />
may have particular vulnerabilities to domestic violence (Healey et al. 2008). A recent<br />
Victorian study of violence against people with cognitive impairments identified financial<br />
<strong>abuse</strong> and neglect by a range of different family members including intimate partners and<br />
16
also parents and children and paid staff who were carers of the pers<strong>on</strong> they <strong>abuse</strong>d (Office<br />
of the Public Advocate 2010). A British study of women with disabilities by Hague et al.<br />
(2008) identified examples of ec<strong>on</strong>omic <strong>abuse</strong> by intimate partners that included women<br />
being denied m<strong>on</strong>ey for medicines and for essential pers<strong>on</strong>al needs related to impairment<br />
and of abusive partners taking over total c<strong>on</strong>trol of the finances of women who were highly<br />
dependent. Similarly Smith and Hilt<strong>on</strong> (2008) report women with disabilities being prevented<br />
from going to work by partners and other family members who for example, refused to assist<br />
with daily routines such as grooming, damaged communicati<strong>on</strong> devices or removed batteries<br />
from electric wheelchairs.<br />
Ec<strong>on</strong>omic <strong>abuse</strong> in the form of ‘humbugging’ has been identified as a particular problem for<br />
people in some indigenous communities (ALRC/NSWLRC 2010, p. 214; Bryant & Willis<br />
2008). Humbugging is the practice of demanding m<strong>on</strong>ey or other material resources from<br />
relatives, it is often enforced by threatening behaviour (ALRC/NSWLRC 2010, p. 214) or<br />
through ‘trickery and deceit’ and it is most comm<strong>on</strong>ly perpetrated by young men (NCRVAWV<br />
2009, p. 189). It can leave people with little or no m<strong>on</strong>ey for food and other essentials and,<br />
while humbugging may occur throughout communities, the most comm<strong>on</strong> victims are<br />
women. Bryant and Willis (2008, p. 6) note that while the extent of ec<strong>on</strong>omic <strong>abuse</strong> in<br />
indigenous communities has not been quantified “its physical, emoti<strong>on</strong>al and mental effects<br />
are potentially devastating”. While there may be particular difficulties identifying and<br />
addressing humbugging in the c<strong>on</strong>text of kinship and family obligati<strong>on</strong>s and practices which<br />
promote sharing, no relevant research literature was found <strong>on</strong> this.<br />
Other groups may be at increased risk of violence due to facing cultural or language barriers<br />
to seeking help (B<strong>on</strong>ar & Roberts 2006 cited by Dimopolous 2011). Low English language<br />
skills can be a barrier to accessing informati<strong>on</strong> and services while cultural norms in some<br />
communities may create barriers for some women. In a discussi<strong>on</strong> of elder <strong>abuse</strong> Wainer et<br />
al. (2010, p. 10) make the point that “the management of m<strong>on</strong>ey and intergenerati<strong>on</strong>al asset<br />
transfer within families is culturally bound and draws <strong>on</strong> deeply held values about<br />
appropriate behaviour and resp<strong>on</strong>sibilities between generati<strong>on</strong>s”. This has a wider<br />
applicability to domestic and family violence and may be a factor increasing risk in some age<br />
groups and for some groups from particular ethnic and cultural backgrounds. However, it<br />
needs to be remembered that culturally and linguistically diverse (CALD) groups are not<br />
homogeneous and cannot be treated as such, a point which has been stressed by<br />
researchers (Dimopoulos 2011; Morgan & Chadwick 2009).<br />
A group of migrant women who are particularly vulnerable to being trapped in situati<strong>on</strong>s of<br />
violence and <strong>abuse</strong> are women who are in relati<strong>on</strong>ships with citizens or permanent residents<br />
of Australia but who themselves are awaiting permanent residency (Pham 2011). The<br />
Australian Domestic & <strong>Family</strong> Violence Clearinghouse’s (ADFVC) recent qualitative study<br />
included several women whose partners had attempted to sabotage their migrati<strong>on</strong><br />
applicati<strong>on</strong>s or make it difficult for them to apply for work visas or residency (Braaf & Barrett<br />
Meyering 2011). Vulnerability for women in these circumstances may also be high because<br />
of social isolati<strong>on</strong> and lack of alternative means of financial support, including inability to take<br />
up paid work due to language and skill barriers or visa restricti<strong>on</strong>s and lack of eligibility for<br />
income support payments.<br />
Women living in rural and remote areas, including women in indigenous communities, may<br />
be less likely to seek help for domestic violence. Drawing together the findings from a<br />
number of Australian studies, Mitchell (2011) identifies the ideology of self-reliance, informal<br />
sancti<strong>on</strong>s and social c<strong>on</strong>trol as factors in this al<strong>on</strong>g with traditi<strong>on</strong>al gender roles as risk<br />
factors. Women in rural and remote areas may also find it harder to seek help or leave a<br />
violent relati<strong>on</strong>ship. Morgan and Chadwick (2009) also review relevant Australian literature<br />
and they identify the barriers as isolati<strong>on</strong> and a lack of services (including lack of access to<br />
services that women perceive as c<strong>on</strong>fidential and as providing an<strong>on</strong>ymity).<br />
17
Exploring the impacts of ec<strong>on</strong>omic <strong>abuse</strong><br />
Referring to the Australian c<strong>on</strong>text, Brookes has observed:<br />
there has been little research to understand how (ec<strong>on</strong>omic <strong>abuse</strong>) is used,<br />
how it is experienced by women, its role in c<strong>on</strong>trolling and manipulating<br />
women, in creating dependence and isolati<strong>on</strong>, in obstructing women’s escape;<br />
and its l<strong>on</strong>g-term impact <strong>on</strong> women even after leaving the relati<strong>on</strong>ship.<br />
(Brookes 2006, p. 2)<br />
A scan of the literature suggests this c<strong>on</strong>tinues to be the case and also that there is very<br />
limited research which has specifically examined the impacts of ec<strong>on</strong>omic <strong>abuse</strong> <strong>on</strong> women,<br />
children, families and <strong>on</strong> the community. However, much is known about the impacts of the<br />
domestic and family violence of which ec<strong>on</strong>omic <strong>abuse</strong> is <strong>on</strong>e element. In additi<strong>on</strong> it is not<br />
always possible or sensible to try to disentangle the impacts of <strong>on</strong>e form of violence from the<br />
impacts of other forms of violence. As illustrated earlier, ec<strong>on</strong>omic <strong>abuse</strong> and other forms of<br />
violence occur together and overlap as part of patterns of c<strong>on</strong>trolling behaviour; this is also<br />
likely to be the case for the impacts of violence as indicated in the model presented in Figure<br />
One. Domestic and family violence can have significant negative c<strong>on</strong>sequences for<br />
ec<strong>on</strong>omic wellbeing whether or not an abusive partner’s behaviour includes ec<strong>on</strong>omic<br />
<strong>abuse</strong>. At the same time, ec<strong>on</strong>omic <strong>abuse</strong> leading to financial hardship potentially has a<br />
whole range of negative c<strong>on</strong>sequences for health, housing, employment, interpers<strong>on</strong>al<br />
relati<strong>on</strong>ships and parenting while these factors can also impact <strong>on</strong> children’s wellbeing.<br />
Some of the direct and most apparent c<strong>on</strong>sequences for victims of ec<strong>on</strong>omic <strong>abuse</strong> are the<br />
financial or ec<strong>on</strong>omic c<strong>on</strong>sequences. These are c<strong>on</strong>sequences for people while they are in<br />
violent relati<strong>on</strong>ships, <strong>on</strong> leaving violent relati<strong>on</strong>ships, when attempting to gain financial<br />
stability following exit from violent relati<strong>on</strong>ships and <strong>on</strong> their prospects for ec<strong>on</strong>omic security<br />
in the l<strong>on</strong>g term.<br />
As Outlaw (2009, p. 264) puts it “(e)c<strong>on</strong>omic <strong>abuse</strong> involves imposed ec<strong>on</strong>omic dependence<br />
of the <strong>abuse</strong>d by the <strong>abuse</strong>r, if not outright stealing by the abusive spouse”. Ec<strong>on</strong>omic<br />
dependence <strong>on</strong> an abusive partner can be a critical obstacle to leaving the relati<strong>on</strong>ship<br />
(Adams et al. 2008). In additi<strong>on</strong> to victims being unable to access funds needed to leave,<br />
domestic violence can cause social isolati<strong>on</strong> which reduces opti<strong>on</strong>s for leaving<br />
(ALRC/NSWLRC 2010). However, while c<strong>on</strong>cerns about financial insecurity—including<br />
c<strong>on</strong>cerns for impacts <strong>on</strong> children—are <strong>on</strong>e reas<strong>on</strong> women stay in abusive relati<strong>on</strong>ships,<br />
financial issues have also been identified as providing the impetus for women to leave<br />
abusive relati<strong>on</strong>ships (Braaf &Barrett Meyering 2010).<br />
Ec<strong>on</strong>omic <strong>abuse</strong> threatens short and l<strong>on</strong>g-term ec<strong>on</strong>omic wellbeing. Women <strong>on</strong> low incomes<br />
in a relati<strong>on</strong>ship with an abusive partner report a lack of resources needed for day-to-day<br />
survival such as m<strong>on</strong>ey, housing, childcare and transportati<strong>on</strong> (Adams et al. 2008; Power<br />
2006; Short et al. 2000). Abuse can impact <strong>on</strong> women’s capacity to work leading to<br />
interrupted employment and to unemployment (Lindhorst et al. 2007; Lloyd 1997; Swanberg,<br />
Macke and Logan 2007).<br />
In Australia, domestic and family violence is often associated with poverty and<br />
homelessness (Australian Institute of Health & Welfare [AIHW] 2007; Branigan 2004) and,<br />
while financial hardship prevents some women leaving abusive relati<strong>on</strong>ships, it also<br />
sometimes prompts women to return. Lack of m<strong>on</strong>ey can limit women’s capacity to access<br />
services needed to support recovery and prevent women taking up safety measures such as<br />
installing locks and alarms, maintaining a ph<strong>on</strong>e and a car or relocating (Braaf & Barrett<br />
Meyering 2011).<br />
18
A recent qualitative study by the ADFVC (Braaf & Barrett Meyering 2011) comprised<br />
research interviews with 57 women who had experienced domestic violence and with<br />
workers. This study identified ec<strong>on</strong>omic c<strong>on</strong>sequences of domestic and family violence in<br />
seven areas, many of which can be direct c<strong>on</strong>sequences of ec<strong>on</strong>omic <strong>abuse</strong>. Impacts<br />
identified in the ADFVC study and their review of literature and in other research studies<br />
(cited below) include the following:<br />
<br />
<br />
<br />
<br />
Impacts <strong>on</strong> employment whereby women’s ability to work is affected or women are<br />
not working while in an abusive relati<strong>on</strong>ship as a c<strong>on</strong>sequence of ec<strong>on</strong>omic <strong>abuse</strong> or<br />
other violence or women give up employment when leaving their partner and have<br />
difficulty re-entering the paid workforce (see also Costello, Chung & Cars<strong>on</strong> 2005;<br />
McFerran 2011; Murray & Powell 2008; Swanberg, Logan & Macke 2005). Women<br />
may also find it difficult to maintain employment after leaving a violent relati<strong>on</strong>ship as<br />
they try to manage other c<strong>on</strong>sequences of the violence including legal issues and<br />
housing (see also Evans 2007; Franzway, Zafferey & Chung 2007; Lloyd 1997; Ly<strong>on</strong><br />
2000; Murray & Powell 2008)<br />
Impacts relating to debts, bills and banking. Women exit from relati<strong>on</strong>ships carrying<br />
debts including mortgages, credit card bills and business debts including debts<br />
incurred by ex-partners in joint names and in women’s names. Debts can result in<br />
bad credit ratings, insolvency and bankruptcy (see also Branigan 2004, 2007; Evans<br />
2007). Women’s debts following domestic violence may include mortgages, credit<br />
cards, payday loans, utility bills, hire purchase c<strong>on</strong>tracts, mobile ph<strong>on</strong>e plans, parking<br />
fines and Centrelink overpayments (Braaf and Barrett Meyering 2011).<br />
Impacts relating to accommodati<strong>on</strong> and household goods. Women may lose their<br />
possessi<strong>on</strong>s, have no assets in their name and may face immediate homelessness<br />
as well as difficulty finding safe, affordable and appropriate accommodati<strong>on</strong>.<br />
Domestic violence is the most comm<strong>on</strong> reas<strong>on</strong> for women seeking help from<br />
homelessness services in Australia (Tually et al. 2008) and women may also<br />
experience insecure, unsafe or unsuitable housing <strong>on</strong> exiting violent relati<strong>on</strong>ships.<br />
Lack of affordable housing can result in women relocating to areas where they feel<br />
isolated from friends, family and other supports and where children have to change<br />
schools or travel l<strong>on</strong>g distances to school. Women who have to relocate face<br />
associated costs of moving, loss of possessi<strong>on</strong>s, storage fees and rental b<strong>on</strong>ds.<br />
Recent nati<strong>on</strong>al data <strong>on</strong> people seeking crisis accommodati<strong>on</strong> assistance shows that<br />
40 per cent of single women aged 25 years and over without children seeking<br />
assistance were doing so because of domestic or family violence and for women with<br />
children this was the case for 48 per cent of incidents of seeking assistance (AIHW<br />
2011, p. 15).<br />
Impacts relating to social security and other material supports. Women experiencing<br />
domestic violence may require immediate financial and material assistance as well<br />
as <strong>on</strong>going income support. On the basis of their interviews Braaf and Barrett<br />
Meyering (2010, p. 3) c<strong>on</strong>clude that “regardless of prior ec<strong>on</strong>omic circumstances,<br />
many women experience financial risk or poverty as a result of domestic violence”.<br />
There is c<strong>on</strong>siderable research showing that women who are sole parents are am<strong>on</strong>g<br />
the most financially disadvantaged people in Australia, with high levels of reliance <strong>on</strong><br />
government income support payments am<strong>on</strong>g this group (Australian Council of<br />
Social Service [ACOSS] 2010). Further, analysis of data from the 1996 Women’s<br />
Safety Survey found that a woman experiencing physical violence in the last three<br />
years had a 35 per cent increased chance of receiving some form of government<br />
income support payments (Access Ec<strong>on</strong>omics 2004, p. 59).<br />
19
Impacts relating to child support. Adequacy of child support payments is a c<strong>on</strong>cern<br />
for some women. Avoidance of child support payments by abusive partners<br />
c<strong>on</strong>tinues ec<strong>on</strong>omic <strong>abuse</strong> while also c<strong>on</strong>tributing to poor financial outcomes (Corrie<br />
2011). Women may also choose not to pursue child support or receive less than child<br />
support than they should to avoid further violence (Patrick, Cook & McKenzie 2008;<br />
Patrick, Cook & Taket 2007).<br />
Impacts relating to legal matters. Legal costs may relate to protecti<strong>on</strong> orders, family<br />
law matters involving children and property settlements, wills, victim compensati<strong>on</strong>,<br />
bankruptcy and legal acti<strong>on</strong> relating to jointly owned business. Costs include legal<br />
fees, lost work days, child care and costs of court-appointed specialists (see also<br />
Ly<strong>on</strong>s 2000). For the women in Braaf and Barrett Meyering’s (2011) study, legal<br />
issues were “pivotal” to women’s financial outcomes with positive legal acti<strong>on</strong>s also<br />
bringing intangible benefits relating to the acknowledgement of women’s experiences<br />
and making ex-partners accountable for behaviour. On the downside, legal<br />
processes could cause stress and hardship. Another extremely serious impact<br />
relating to legal matters is the possibility of women’s criminalisati<strong>on</strong> through<br />
ec<strong>on</strong>omic <strong>abuse</strong>. For example, ec<strong>on</strong>omic <strong>abuse</strong> may involve coerci<strong>on</strong> by a partner to<br />
defraud Centrelink or a woman destitute as a result of ec<strong>on</strong>omic <strong>abuse</strong> may commit<br />
a criminal offence to survive (ALRC/NSWLRC 2010; Gilfus 2002).<br />
Impacts relating to migrati<strong>on</strong> matters. Women who are migrants to Australia <strong>on</strong><br />
spousal visas may have no or extremely limited access to income support payments<br />
or ability to enter paid work if they leave an abusive partner (Pham 2011).<br />
Impacts relating to health In additi<strong>on</strong> to any health impacts resulting from the<br />
experience of violence, ec<strong>on</strong>omic <strong>abuse</strong> may affect physical and psychological<br />
health through poverty and low income and the stress associated with this.<br />
These impacts are likely to interact with a whole range of other impacts where ec<strong>on</strong>omic<br />
<strong>abuse</strong> occurs as <strong>on</strong>e of several forms of violence. Ec<strong>on</strong>omic impacts <strong>on</strong> women are also<br />
likely to be impacts <strong>on</strong> their children and women who seek assistance for family violence are<br />
often mothers with children. For example, in Victoria in 2010-2011, more than half of the<br />
women seeking assistance for family violence through a specialist family violence court had<br />
children in their care (State of Victoria 2012b, p. 19).<br />
There is a growing body of research c<strong>on</strong>cerning the ways in which family violence affects<br />
children and recent reviews of the literature point to significant negative behavioural and<br />
emoti<strong>on</strong>al impacts of intimate partner domestic violence <strong>on</strong> children (ADFVC 2011; Holt<br />
Buckley & Whelan 2008). While some impacts of ec<strong>on</strong>omic <strong>abuse</strong> are noted above there is<br />
less informati<strong>on</strong> about how this form of <strong>abuse</strong> affects children. However, it is known that<br />
domestic violence is a factor in youth homelessness—as shown in nati<strong>on</strong>al homelessness<br />
data collecti<strong>on</strong>s (AIHW 2011)—and the Nati<strong>on</strong>al <strong>Youth</strong> Commissi<strong>on</strong> (2011) cites a<br />
l<strong>on</strong>gitudinal study of homeless young people aged 12 to 20 years which found <strong>on</strong>e third had<br />
left home because of family violence.<br />
As Braaf and Barrett Meyering (2011) point out, another c<strong>on</strong>sequence of ec<strong>on</strong>omic <strong>abuse</strong> is<br />
that it can be a means by which men c<strong>on</strong>tinue to c<strong>on</strong>trol their partners’ lives after separati<strong>on</strong>.<br />
Some debts may c<strong>on</strong>tinue to accrue after separati<strong>on</strong> and other debts may c<strong>on</strong>tinue to arise<br />
in the immediate period following separati<strong>on</strong> such as mortgage repayments <strong>on</strong> joint<br />
properties. As well as leaving abusive relati<strong>on</strong>ships with a poor credit rating and outstanding<br />
debts, ec<strong>on</strong>omic <strong>abuse</strong> may result in women being inexperienced and lacking c<strong>on</strong>fidence in<br />
dealing with financial matters (Evans 2007; V<strong>on</strong>DeLinde & Correia 2005). Adams (2011, p.<br />
20
3) suggests the impacts of ec<strong>on</strong>omic <strong>abuse</strong> are in three dimensi<strong>on</strong>s of women’s financial<br />
lives:<br />
<br />
<br />
<br />
Financial stability, which requires having “not <strong>on</strong>ly income to cover daily living<br />
expenses, but also assets available to leverage in times of hardship, meet financial<br />
goals, and build l<strong>on</strong>g-term security” (including finding and maintaining affordable<br />
housing).<br />
Ec<strong>on</strong>omic self-sufficiency, which Adams sees as being dependent <strong>on</strong> employment<br />
and which is defined as having the income necessary to meet basic needs (for<br />
example, food, housing, child care, health care, transportati<strong>on</strong>, taxes).<br />
Subjective financial wellbeing whereby women believe they are able to provide for<br />
their families away from their ex-partner, with this affecting the decisi<strong>on</strong> not to return<br />
to an abusive relati<strong>on</strong>ship.<br />
Relevant to all three of these dimensi<strong>on</strong>s, Sanders and Shnebel (2007, p. 49) note that<br />
domestic violence in whatever form:<br />
c<strong>on</strong>sumes a woman’s time and energy and damages self-c<strong>on</strong>fidence and ability to<br />
focus <strong>on</strong> l<strong>on</strong>g and short-term goals, all of which are essential for successful transiti<strong>on</strong><br />
from ec<strong>on</strong>omic dependency to building ec<strong>on</strong>omic resources of her own.<br />
In a circular relati<strong>on</strong>ship the <strong>on</strong>going experience of low income or poverty may prevent<br />
women accessing the support they need and can result women feeling that the financial<br />
implicati<strong>on</strong>s of the relati<strong>on</strong>ship are operating as a c<strong>on</strong>tinuati<strong>on</strong> of the <strong>abuse</strong>. This example<br />
from research c<strong>on</strong>ducted by <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service illustrates just <strong>on</strong>e of<br />
the ways in which ec<strong>on</strong>omic <strong>abuse</strong> can undermine women:<br />
For Emma, her ex-partner’s c<strong>on</strong>trolling behaviour meant she was not able to<br />
purchase anything for herself, even basic items such as underwear. It takes a<br />
lot for her to spend any m<strong>on</strong>ey <strong>on</strong> herself now as she still fears that she is<br />
doing something wr<strong>on</strong>g. She also puts a c<strong>on</strong>siderable amount of pressure <strong>on</strong><br />
herself and becomes immobilised for fear of c<strong>on</strong>sequences. (Corrie 2011)<br />
Awareness of ec<strong>on</strong>omic <strong>abuse</strong><br />
Ec<strong>on</strong>omic <strong>abuse</strong> as a form of domestic violence has been the subject of c<strong>on</strong>siderable policy<br />
attenti<strong>on</strong> and a focus for some activists, academics and community organisati<strong>on</strong>s in recent<br />
years. At the same time public awareness and understanding of the issues is poor and there<br />
is also evidence that awareness of ec<strong>on</strong>omic <strong>abuse</strong> in some key instituti<strong>on</strong>s lags behind that<br />
which would be required to achieve significant positive acti<strong>on</strong> to address the problem.<br />
Resp<strong>on</strong>ses to a 2009 nati<strong>on</strong>al survey of community attitudes to violence against women<br />
commissi<strong>on</strong>ed by the Australian Government show that since an earlier survey in 1995<br />
awareness of domestic violence as a serious issue has increased and percepti<strong>on</strong>s of what<br />
c<strong>on</strong>stitutes domestic violence have broadened (VicHealth 2010, McGregor 2009). However,<br />
they also show that recogniti<strong>on</strong> of n<strong>on</strong>-physical behaviours—including ec<strong>on</strong>omic <strong>abuse</strong>—as<br />
forms of domestic violence remains low. Some of the relevant findings from the survey<br />
include:<br />
<br />
The vast majority of the community (97 per cent of resp<strong>on</strong>dents) agreed that physical<br />
and sexual assault, and threats, c<strong>on</strong>stituted domestic violence in 2009.<br />
21
Compared with 1995, people were more likely to understand that domestic violence<br />
can take a variety of forms, including physical and sexual assault, threats of harm to<br />
family members, and psychological, verbal and ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Twenty-five per cent of survey resp<strong>on</strong>dents did not believe that “c<strong>on</strong>trolling a partner<br />
by denying them m<strong>on</strong>ey” was a form of domestic violence (compared with 33 per<br />
cent in 1995).<br />
N<strong>on</strong>-physical forms of violence tended to be seen as less serious with, for example,<br />
<strong>on</strong>e in five resp<strong>on</strong>dents categorising “yelling <strong>abuse</strong> at a partner” and “c<strong>on</strong>trolling a<br />
partner by denying them m<strong>on</strong>ey” as either “not that serious” or “not serious at all”<br />
(VicHealth 2010, McGregor 2009).<br />
Analyses of resp<strong>on</strong>ses to the survey identified that a pers<strong>on</strong>’s str<strong>on</strong>g support for gender<br />
equity as a str<strong>on</strong>g predictor for believing n<strong>on</strong>-physical behaviours are always domestic<br />
violence. C<strong>on</strong>versely, the str<strong>on</strong>gest predictors for a pers<strong>on</strong> holding violence-supportive<br />
attitudes were being male and having low levels of support for gender equity or equality.<br />
These findings held when other demographic factors were statistically c<strong>on</strong>trolled (McGregor<br />
2009, pp. 35-36). The survey report’s authors point out that the c<strong>on</strong>sequences of n<strong>on</strong>recogniti<strong>on</strong><br />
in the community of ec<strong>on</strong>omic, emoti<strong>on</strong>al and psychological <strong>abuse</strong> as forms of<br />
domestic violence and lack of acknowledgement of their seriousness have implicati<strong>on</strong>s for<br />
“how readily women and others affected by n<strong>on</strong>-physical forms of domestic violence will<br />
seek help and access specialised systems of support” and for “how accurately we can<br />
measure the prevalence of violence against women across the spectrum of unlawful<br />
behaviours and across the diversity of women’s experiences” (VicHealth 2010, p 23). Clearly<br />
another c<strong>on</strong>sequence relates to the capacity of the community to prevent women being<br />
subjected to domestic violence when significant proporti<strong>on</strong>s of the populati<strong>on</strong> do not<br />
c<strong>on</strong>sider the violence to be a problem.<br />
Women who experience ec<strong>on</strong>omic <strong>abuse</strong> may also be unaware that this is domestic<br />
violence. Braaf and Barrett Meyering (2011, p. 115) report that “numerous” women in their<br />
recent qualitative study reported that they had not realised they were experiencing domestic<br />
violence until they left the relati<strong>on</strong>ship and that these women were mostly those who had<br />
experienced n<strong>on</strong>-physical forms of domestic violence “such as ec<strong>on</strong>omic or emoti<strong>on</strong>al<br />
<strong>abuse</strong>”.<br />
A key issue for c<strong>on</strong>siderati<strong>on</strong> of the sectors and issues for women experiencing ec<strong>on</strong>omic<br />
<strong>abuse</strong> and the public policies, legal frameworks and community services which relate to<br />
these is the questi<strong>on</strong> of where women go to seek assistance for violence and <strong>abuse</strong>,<br />
including for assistance with financial matters. It is known that many incidents of domestic<br />
violence go unreported and that most women do not seek assistance from specialist<br />
domestic and family violence services or other agencies (Mouzos & Makkai 2004) but less is<br />
known about the services and assistance women do go to. A recent study by Bagshaw and<br />
Brown (2010) which surveyed women with children found that, <strong>on</strong> leaving an abusive<br />
relati<strong>on</strong>ship, women initially went to friends and family and to general practiti<strong>on</strong>ers; through<br />
these people they accessed counselling and other support services and these were mostly<br />
generalist services rather than domestic and family violence services. For financial<br />
assistance women went to Centrelink and most went to private legal practiti<strong>on</strong>ers for family<br />
court matters, although the number who did so declined after 2006 with the introducti<strong>on</strong> of<br />
the network of <strong>Family</strong> Relati<strong>on</strong>ship Centres, which provide an alternative to courts for<br />
dealing with family law matters.<br />
22
The c<strong>on</strong>necti<strong>on</strong>s between policies, frameworks and practices and ec<strong>on</strong>omic <strong>abuse</strong><br />
The remaining secti<strong>on</strong>s of this paper are c<strong>on</strong>cerned with identifying the key public policies,<br />
legal and regulatory frameworks, employment policies and practices and community<br />
services policies and practices which relate to or impact <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong>. The purpose of<br />
this is to identify what areas of policy and practice are crucial sites for targeting interventi<strong>on</strong>s<br />
to address <strong>abuse</strong>.<br />
In the c<strong>on</strong>text of identifying key sectors and issues it is helpful to categorise the policies,<br />
practices and frameworks that have some impact <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong>. The approach<br />
adopted here is based <strong>on</strong> <strong>on</strong>e which is comm<strong>on</strong>ly used to categorise interventi<strong>on</strong>s to<br />
address violence as primary, sec<strong>on</strong>dary or tertiary interventi<strong>on</strong>s. 4 While the comm<strong>on</strong><br />
categorisati<strong>on</strong> is of positive interventi<strong>on</strong>s designed to tackle violence, the three categories<br />
can be used to classify a wide range of policies, practices and frameworks that influence<br />
ec<strong>on</strong>omic <strong>abuse</strong> whether this is a positive influence that diminishes <strong>abuse</strong> or mitigates its<br />
impacts or a negative influence that facilitates or perpetuate <strong>abuse</strong> or worsens rather than<br />
reduces its impacts. Thus, the three categories include:<br />
<br />
<br />
<br />
Primary factors: positive preventative measures that reduce the likelihood of <strong>abuse</strong><br />
occurring, and negative factors that increase the likelihood of <strong>abuse</strong> occurring.<br />
Sec<strong>on</strong>dary factors: positive protective measures that resp<strong>on</strong>d to incidents of <strong>abuse</strong>,<br />
including early interventi<strong>on</strong>s and negative factors that lead to ineffective protecti<strong>on</strong>s<br />
or that facilitate <strong>abuse</strong>.<br />
Tertiary factors: positive measures that follow up to mitigate impacts or make<br />
perpetrators accountable and negative factors that extend or worsen the <strong>abuse</strong>.<br />
In reality these categories overlap and particular policies, frameworks and practices may<br />
have elements of each category. In additi<strong>on</strong>, policies, practices and regulati<strong>on</strong>s can be<br />
classified according to the spheres of influence identified earlier in the ecological model.<br />
These are the spheres of society, community and relati<strong>on</strong>ship/individual. The final three<br />
secti<strong>on</strong>s of this paper identify key policies, frameworks and practices that influence<br />
ec<strong>on</strong>omic <strong>abuse</strong> as primary, sec<strong>on</strong>dary or tertiary influences in <strong>on</strong>e or more of the spheres<br />
of society, community and relati<strong>on</strong>ship/individual.<br />
4 This categorisati<strong>on</strong> draws <strong>on</strong> Chappell and Di Martino’s (2000) categorisati<strong>on</strong> of approaches to<br />
workplace violence.<br />
23
Public Policies and Practices<br />
There are a myriad of public policies that relate to and impact <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong> in additi<strong>on</strong><br />
to those that have been formulated and articulated specifically with the aims of tackling<br />
domestic and family violence. These range from primary influences acting at the societal<br />
level (such as policies which relate to social inclusi<strong>on</strong> and gender equality in society) to<br />
much more narrowly targeted sec<strong>on</strong>dary and tertiary interventi<strong>on</strong>s (such as policies which<br />
determine the specific nature and extent of public assistance provided to individuals at times<br />
of crisis).<br />
Key areas of Australian Government policy are those that determine support and services<br />
available through family law, legal assistance and the social security system. Homelessness<br />
policies are also critical due to the str<strong>on</strong>g associati<strong>on</strong> between domestic and family violence<br />
and homelessness. In some areas, including homelessness, policy resp<strong>on</strong>sibility rests with<br />
both the Australian Government and the state and territory governments. States and<br />
territories often have resp<strong>on</strong>sibility for human services program and service delivery,<br />
including the delivery of justice, policing and legal assistance and the funding and<br />
coordinati<strong>on</strong> of many services provided by the n<strong>on</strong>‐government sector.<br />
Areas of public policy which have a significant impact <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong> and which are the<br />
focus of discussi<strong>on</strong> in this secti<strong>on</strong> are:<br />
<br />
<br />
<br />
<br />
<br />
family and domestic violence<br />
social security and crisis support<br />
homelessness<br />
child support and family assistance<br />
financial capability.<br />
Significant public policy resp<strong>on</strong>ses to domestic and family violence in Australia in recent<br />
years in many of these areas dem<strong>on</strong>strate an increased awareness of the problem of<br />
ec<strong>on</strong>omic <strong>abuse</strong>. However this is not uniformly the case in all relevant areas of public policy<br />
nor is it uniformly the case across Australia.<br />
Employment is given a central and critical place in women’s ec<strong>on</strong>omic independence in<br />
current public policy—particularly at the federal level—and so many strategies directed to<br />
increasing women’s ec<strong>on</strong>omic security and achieving ec<strong>on</strong>omic equality are c<strong>on</strong>cerned with<br />
employment opportunity, reward and participati<strong>on</strong>. These are discussed in Secti<strong>on</strong> 6 of this<br />
paper.<br />
<strong>Family</strong> and domestic violence policies<br />
At the federal level recent developments in the area of domestic and family violence since<br />
the electi<strong>on</strong> of the Labor Government in 2007 have generally been seen as positive with the<br />
adopti<strong>on</strong> of approaches that apply a gendered analysis to policy and because of the<br />
government’s preparedness to work more closely with the domestic violence sector than its<br />
predecessor (Murray & Powell 2011, p. 31). The three priority areas of the Australian<br />
Government Office for Women (OFW)—which are all highly relevant to the issue of<br />
ec<strong>on</strong>omic <strong>abuse</strong>—are “reducing violence against women”, “increasing women’s ec<strong>on</strong>omic<br />
security” and “ensuring women’s equal place in society” (OFW 2012, , viewed 24<br />
June 2012).<br />
24
The establishment of a Nati<strong>on</strong>al Council to Reduce Violence Against Women and Children in<br />
2008 was followed by the development and endorsement by the Comm<strong>on</strong>wealth, states and<br />
territories—through the Council of Australian Governments (COAG)—of the Nati<strong>on</strong>al Plan to<br />
Reduce Violence Against Women and their Children, 2010-2022 (the Nati<strong>on</strong>al Plan) (COAG<br />
2009). This represents a significant development as Australia’s first nati<strong>on</strong>al resp<strong>on</strong>se to<br />
violence against women.<br />
The Nati<strong>on</strong>al Plan does not name ec<strong>on</strong>omic <strong>abuse</strong> as a form of domestic violence, possibly<br />
reflecting the fact that ec<strong>on</strong>omic <strong>abuse</strong> is not recognised in family violence law in all<br />
Australian states and territories (see Secti<strong>on</strong> 5 below). However, in defining domestic<br />
violence the Nati<strong>on</strong>al Plan does include “c<strong>on</strong>trol of finances” as an example of c<strong>on</strong>trolling<br />
behaviours which are psychological and emoti<strong>on</strong>al <strong>abuse</strong> (COAG 2010, p. 2), which also<br />
reflects the approach taken in recent change to federal family law (also discussed in Secti<strong>on</strong><br />
5 below). Interventi<strong>on</strong>s identified in the Nati<strong>on</strong>al Plan relating directly to ec<strong>on</strong>omic <strong>abuse</strong> and<br />
its c<strong>on</strong>sequences are:<br />
primary interventi<strong>on</strong>s at the societal level promoting ec<strong>on</strong>omic equality and building<br />
an evidence base<br />
sec<strong>on</strong>dary interventi<strong>on</strong>s including informati<strong>on</strong> strategies for newly arrived migrant<br />
women and improving workplace supports.<br />
The outcomes identified in the Nati<strong>on</strong>al Plan include changes in community attitudes as well<br />
as improved services and justice. 5 There is c<strong>on</strong>siderable emphasis <strong>on</strong> primary preventi<strong>on</strong><br />
through community involvement and educati<strong>on</strong>. However, there may be limited potential for<br />
the Nati<strong>on</strong>al Plan to facilitate increased awareness of the variety of forms of <strong>abuse</strong> that<br />
c<strong>on</strong>stitute domestic and family violence as strategies for changing attitudes do not explicitly<br />
identify this as a goal.<br />
There is some recogniti<strong>on</strong> of the significance of gender inequality and women’s ec<strong>on</strong>omic<br />
security in the Nati<strong>on</strong>al Plan with “the advancement of gender equality” am<strong>on</strong>g the 18<br />
strategies identified (COAG 2010, p. 16). The specific interventi<strong>on</strong>s (mainly for the Australian<br />
Government) for the first three years of this particular strategy are mostly directed to<br />
achieving ec<strong>on</strong>omic equality for women. For 2010 to 2013, these interventi<strong>on</strong>s are:<br />
measures to increase women’s ec<strong>on</strong>omic security, including paid parental leave,<br />
superannuati<strong>on</strong> reform and increased support for pensi<strong>on</strong>ers<br />
measures to increase women’s leadership opportunities<br />
the provisi<strong>on</strong> of informati<strong>on</strong> about protecti<strong>on</strong>s for women who experience violence to<br />
newly arrived migrants and refugees<br />
c<strong>on</strong>sultati<strong>on</strong> with peak employer and employee representatives to improve ways for<br />
workplaces to better support women experiencing domestic violence<br />
funding the ADFVC Domestic Violence Workplace Rights and Entitlements project.<br />
One other strategy in the Nati<strong>on</strong>al Plan explicitly addresses the ec<strong>on</strong>omic impacts of<br />
domestic and family violence; this is a tertiary interventi<strong>on</strong> which is to “support mainstream<br />
services to identify and resp<strong>on</strong>d to needs”, a strategy which is presented as resp<strong>on</strong>ding to<br />
the needs for women and children “to receive holistic support including health, housing,<br />
educati<strong>on</strong>, employment and legal assistance” (COAG 2010, pp. 23-24). Interventi<strong>on</strong>s in the<br />
short-term include the provisi<strong>on</strong> of homelessness services to improve housing opti<strong>on</strong>s for<br />
women and funding of income support and family assistance payments, including the crisis<br />
payment for women experiencing violence; other interventi<strong>on</strong>s mainly target the health<br />
sector and health workers. One other highly relevant strategy in the Nati<strong>on</strong>al Plan relates to<br />
5 Appendix A of this paper provides more detail of the outcomes identified in the Nati<strong>on</strong>al Plan.<br />
25
the legal frameworks affecting domestic and family violence and this is also a tertiary<br />
interventi<strong>on</strong> which is for “justice systems to work better together and with other systems”<br />
(COAG 2010, p. 27). The establishment of the Australian Law Reform Commissi<strong>on</strong> inquiries<br />
(ALRC 2011c; ALRC/NSWLRC 2010) and c<strong>on</strong>siderati<strong>on</strong> of their recommendati<strong>on</strong>s are<br />
identified as interventi<strong>on</strong>s in this area; relevant aspects of these are discussed in Secti<strong>on</strong> 5<br />
of this paper.<br />
Changes to legal definiti<strong>on</strong>s of domestic and family violence in some states and territories<br />
are possibly some of the most significant developments in the policy landscape relating to<br />
ec<strong>on</strong>omic <strong>abuse</strong>. Broad policy frameworks that take a whole-of-government approach and<br />
that take holistic approaches to domestic and family violence are also likely to be crucial for<br />
this level of government as it is at the state and territory level where a range of programs<br />
and services including justice, policing and legal assistance are provided and also where<br />
many community services provided by the not-for-profit sector are funded and coordinated.<br />
While most Australian states and territories have implemented some level of integrated<br />
resp<strong>on</strong>se to family violence in recent years the broadest policy resp<strong>on</strong>se to violence against<br />
women is probably that taken in Victoria where the government established a Statewide<br />
Steering Committee to Reduce <strong>Family</strong> Violence, while the most comprehensive integrati<strong>on</strong><br />
of family violence resp<strong>on</strong>ses has occurred in the smaller jurisdicti<strong>on</strong>s of Tasmania and the<br />
Australian Capital Territory (ALRC/NSWLRC 2010).<br />
Tertiary interventi<strong>on</strong>s that are part of integrated resp<strong>on</strong>ses to family violence are targeted to<br />
resp<strong>on</strong>ding to women during crisis when safety c<strong>on</strong>cerns are at the fore. Domestic and<br />
family violence strategies do not have a str<strong>on</strong>g focus <strong>on</strong> women’s post-crisis and l<strong>on</strong>ger-term<br />
needs. In Victoria a project involving a number of community sector agencies working with<br />
women who have experienced domestic and family violence has c<strong>on</strong>sidered the <strong>on</strong>going<br />
and l<strong>on</strong>ger-term needs of women experiencing violence bey<strong>on</strong>d crisis (Desm<strong>on</strong>d 2011). This<br />
project identifies desired outcomes of a post-crisis resp<strong>on</strong>se as a reducti<strong>on</strong> of instances of<br />
women returning to violence, a reducti<strong>on</strong> of women and children’s re-entry to crisis systems<br />
and increased ec<strong>on</strong>omic and social participati<strong>on</strong>. A key comp<strong>on</strong>ent of a proposed model is<br />
the provisi<strong>on</strong> of financial assistance and funding including to assist women build financial<br />
security (Desm<strong>on</strong>d 2011).<br />
There has been c<strong>on</strong>siderable activity in relati<strong>on</strong> to policy development in some states and<br />
territories over the last decade, with recent policies and plans reflecting the development of<br />
the Nati<strong>on</strong>al Plan. However, very recently there have also been changes in governments in<br />
several states (New South Wales, Queensland and Victoria) and in two states (Victoria and<br />
Queensland). These changes have been accompanied by significant budget cutbacks<br />
meaning there may be some uncertainty as to the significance of recent state plans and<br />
frameworks as key drivers of change. Existing plans to address violence against women in<br />
Australian states and territories vary in the extent to which they include priorities and<br />
strategies to address ec<strong>on</strong>omic <strong>abuse</strong>. They include:<br />
<br />
<br />
In New South Wales, a five‐year domestic and family violence acti<strong>on</strong> plan ‐ Stop the<br />
Violence, End the Silence: NSW Domestic and <strong>Family</strong> Violence Acti<strong>on</strong> Plan (New<br />
South Wales Department of Premier and Cabinet 2010) with acti<strong>on</strong>s across five<br />
areas of preventi<strong>on</strong> and early interventi<strong>on</strong>: protecti<strong>on</strong>; safety and justice; provisi<strong>on</strong> of<br />
services and support; building capacity; and data collecti<strong>on</strong> and research.<br />
The Victorian Government’s 10 year A Right to Respect: Victoria's Plan to Prevent<br />
Violence against Women 2010-2020 (State of Victoria 2010a) which identified the<br />
key drivers of violence against women as unequal power relati<strong>on</strong>s between women<br />
and men, adherence to rigid gender stereotypes and broader cultures of violence.<br />
The framework aimed for broad engagement to change cultures through five key<br />
settings of educati<strong>on</strong> and training: local government; health and community services;<br />
sports and recreati<strong>on</strong>; workplaces; and media, arts and popular culture. In early 2012<br />
26
the Victorian Government commenced a process of c<strong>on</strong>sultati<strong>on</strong> <strong>on</strong> a new three year<br />
acti<strong>on</strong> plan (State of Victoria 2012a).<br />
Also in Victoria, A Right to Safety and Justice: Strategic Framework to Guide<br />
C<strong>on</strong>tinuing <strong>Family</strong> Violence Reform in Victoria 2010-2020 (State of Victoria 2010b)<br />
set out six priority acti<strong>on</strong> areas, <strong>on</strong>e of which focused <strong>on</strong> system capacity and<br />
included increasing the capacity of mainstream services to resp<strong>on</strong>d to family<br />
violence, developing resp<strong>on</strong>ses to provide l<strong>on</strong>g and medium-term housing opti<strong>on</strong>s,<br />
and increasing legal support.<br />
For our S<strong>on</strong>s and Daughters: A Queensland Government Strategy to reduce<br />
domestic and family violence 2009‐2014 (Queensland Government 2009). The<br />
Queensland strategy included a community engagement program to increase<br />
awareness of the social and pers<strong>on</strong>al impacts of domestic and family violence<br />
initiatives and c<strong>on</strong>tinued support for an Elder Abuse Preventi<strong>on</strong> Unit including the<br />
development of a helpline for people experiencing elder <strong>abuse</strong>, and their friends,<br />
carers and families and the funding of five Seniors Legal and Support Services, to<br />
provide free assistance for seniors who are at risk or experiencing elder <strong>abuse</strong> or<br />
financial exploitati<strong>on</strong>.<br />
In South Australia A Right to Safety: The next Phase of South Australia’s Women’s<br />
Safety Strategy 2011-2022 (Government of South Australia 2011) includes the<br />
promoti<strong>on</strong> of employment participati<strong>on</strong> to achieve gender equality am<strong>on</strong>g its<br />
preventative strategies and it includes the promoti<strong>on</strong> of workplace measures to<br />
support women.<br />
The WA Strategic Plan for Domestic and <strong>Family</strong> Violence 2009-2013 (Government of<br />
Western Australia 2009) does not have any particular focus <strong>on</strong> ec<strong>on</strong>omic equality or<br />
<strong>on</strong> women’s financial stability. It does include a strategy to provide l<strong>on</strong>g-term housing<br />
opti<strong>on</strong>s with a focus <strong>on</strong> regi<strong>on</strong>al and remote areas and Aboriginal communities.<br />
Safe at Home: A Criminal Justice Framework for Resp<strong>on</strong>ding to <strong>Family</strong> Violence in<br />
Tasmania (State of Tasmania 2003) is a whole-of-government strategy that has a<br />
str<strong>on</strong>g justice focus.<br />
<br />
In the Australian Capital Territory, the ACT Preventi<strong>on</strong> of Violence against Women<br />
and Children Strategy (ACT Government 2011) identifies as important the c<strong>on</strong>tinuum<br />
of care and holistic support including health, housing, educati<strong>on</strong>, employment and<br />
legal assistance and includes strategies aimed at linking service systems and<br />
identifying and addressing gaps in <strong>on</strong>going support resp<strong>on</strong>ses<br />
The overarching policy framework in the Northern Territory is provided by the<br />
Building <strong>on</strong> Our Strengths: A Framework for Acti<strong>on</strong> for Women in the Northern<br />
Territory 2008-2012 (Northern Territory Government 2008) has five priorities, <strong>on</strong>e of<br />
which is safety. A sec<strong>on</strong>d priority which is not specially linked to violence is for<br />
educati<strong>on</strong> and employment for ec<strong>on</strong>omic security and includes increasing access to<br />
financial planning.<br />
In all states and territories there is a much wider range of policies which impact <strong>on</strong><br />
resp<strong>on</strong>ses to domestic and family violence and which may impact <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong>. For<br />
example, in New South Wales relevant policies and plans identified in the Stop the Violence,<br />
End the Silence: NSW Domestic and <strong>Family</strong> Violence Acti<strong>on</strong> Plan at the time of its release<br />
included those c<strong>on</strong>cerned with: Aboriginal Communities’ wellbeing; child welfare;<br />
homelessness; child sexual assault in Aboriginal communities; the preventi<strong>on</strong> of violence<br />
against gay, lesbian, bisexual and transgender people; and the provisi<strong>on</strong> of services for<br />
people with a disability. In Victoria in 2008 a ten-year plan was developed by The Indigenous<br />
<strong>Family</strong> Violence Partnership Forum established by the Victorian Government in 2004; Str<strong>on</strong>g<br />
Culture, Str<strong>on</strong>g Peoples, Str<strong>on</strong>g Families - Towards a safer future for Indigenous families<br />
and communities (Aboriginal Affairs Victoria 2008) includes a safety objective which has<br />
some focus <strong>on</strong> strategies for the l<strong>on</strong>ger-term wellbeing of people experiencing family<br />
violence.<br />
27
In additi<strong>on</strong> to family violence policies and programs most states have also developed<br />
policies to address elder <strong>abuse</strong> and have provided funding for dedicated services including,<br />
for example, the Elder Abuse Preventi<strong>on</strong> Unit in Queensland and the Older Pers<strong>on</strong>s’ Rights<br />
Service in Western Australia. In Victoria, Seniors Rights receives funding and operates as a<br />
specialist community legal centre; this service was part of a broader Victorian Government<br />
Elder Abuse Preventi<strong>on</strong> Strategy implemented in 2005.<br />
Social security and crisis support<br />
Key government income support policies and practices relating to ec<strong>on</strong>omic <strong>abuse</strong> and<br />
women’s ec<strong>on</strong>omic security are those dealing with income support, family assistance<br />
payments, child support and income management. Other relevant income policies which are<br />
discussed elsewhere are superannuati<strong>on</strong>, and employment and wages policies.<br />
Income support, crisis payments and other assistance<br />
Relevant income support and other payments provided by the Australian Government<br />
through Centrelink include the following:<br />
Parenting Payment provides income support to the main carer of a child or children,<br />
who is single and has at least <strong>on</strong>e child aged less than eight or who has a partner<br />
and at least <strong>on</strong>e child aged less than six.<br />
Newstart provides income support to people while they are looking for work.<br />
The <strong>Family</strong> Tax Benefit offers financial assistance to couples or individuals with<br />
children. Part A provides assistance for dependent children under 21 years or fulltime<br />
students aged between 21 and 24 years. Part B provides assistance to sole<br />
parent families and to families with <strong>on</strong>e main income, where <strong>on</strong>e parent stays home<br />
or works <strong>on</strong>ly part-time in order to care for children.<br />
Jobs, Educati<strong>on</strong> and Training Child Care Fee Assistance provides financial<br />
assistance with the cost of child care to parents undertaking activities such as job<br />
<br />
search, work, study, or training.<br />
The Carer Allowance is a supplementary payment to parents or carers who provide<br />
daily care for a pers<strong>on</strong> aged sixteen years or over with a disability, medical c<strong>on</strong>diti<strong>on</strong><br />
or who is elderly.<br />
The Disability Support Pensi<strong>on</strong> provides income support to adults who have a<br />
physical, intellectual, or psychiatric c<strong>on</strong>diti<strong>on</strong> that prevents them from working for 15<br />
hours or more per week.<br />
<br />
Sickness Allowance is a short-term payment for people who are employed or selfemployed,<br />
but who temporarily cannot work or study because of a medical c<strong>on</strong>diti<strong>on</strong>.<br />
Special Benefit is a payment for people experiencing severe financial hardship for<br />
reas<strong>on</strong>s outside their c<strong>on</strong>trol who cannot receive any other social security pensi<strong>on</strong> or<br />
benefit.<br />
<br />
Healthcare Cards are available to people who receive other payments or allowances.<br />
(see DHS http://www.humanservices.gov.au/>)<br />
Government income support payments may be relied <strong>on</strong> as the <strong>on</strong>ly or main source of<br />
income <strong>on</strong> leaving a violent relati<strong>on</strong>ship and, for some women, they may be a significant<br />
source of income over a l<strong>on</strong>ger period. Low levels of income provided through the income<br />
support system to women (including those eligible for parenting payments) who leave violent<br />
relati<strong>on</strong>ships and for whom these payments may be a necessity—even if <strong>on</strong>ly in the short<br />
term—can be a barrier to women’s financial stability (Branigan 2007). Payments may be<br />
28
insufficient to meet costs for women who have to re-establish a home and who may have<br />
legal, medical and other costs as well as debts arising from ec<strong>on</strong>omic <strong>abuse</strong> and other<br />
domestic violence (Braaf & Barrett Meyering 2011).<br />
In recent years welfare reforms in Australia have been aimed at reducing ‘welfare<br />
dependency’ through increased c<strong>on</strong>diti<strong>on</strong>ality of payments and increased requirements <strong>on</strong><br />
people—including women with young children—to look for and engage in paid work as a<br />
c<strong>on</strong>diti<strong>on</strong> of eligibility for payments. While women who have experienced domestic violence<br />
can apply for a temporary exempti<strong>on</strong> from job search and other activity requirements (DHS<br />
2011) the experiences of the women in Braaf and Barrett Meyering’s (2011) study indicate<br />
that this exempti<strong>on</strong> may not be secured by many women. They report that n<strong>on</strong>e of the<br />
women in their study raised the exempti<strong>on</strong> although the women were worried about their<br />
ability to comply with ‘welfare to work’ requirements due to lack of childcare, health issues,<br />
trauma and <strong>on</strong>going time commitments dealing with legal, medical and other matters. Some<br />
service workers in the study reported that the exempti<strong>on</strong> is extremely difficult to gain.<br />
Other researchers and policy analysts have expressed c<strong>on</strong>cerns that ‘welfare to work’<br />
initiatives are likely to increase marginalisati<strong>on</strong> of women who have experienced domestic<br />
and family violence (Murray & Powell 2008). These are c<strong>on</strong>cerns which echo those<br />
expressed by researchers in the United States where there has been a l<strong>on</strong>ger experience of<br />
welfare reform characterised by temporary assistance and a focus <strong>on</strong> workforce participati<strong>on</strong><br />
(Tolman 2011). In that country there remain c<strong>on</strong>cerns that women may become more<br />
dependent <strong>on</strong> abusive partners because of reduced opti<strong>on</strong>s for leaving relati<strong>on</strong>ships and<br />
also that the impacts of violence might limit women’s ability to comply with the welfare<br />
system’s work requirements (Tolman 2011).<br />
In Australia the interacti<strong>on</strong> of the income support system and employment does not always<br />
support women’s l<strong>on</strong>g-term financial security as there can be few incentives to gain<br />
employment, including because increasing part-time work hours can result in a loss of<br />
overall income and in loss of access to benefits such as a Healthcare Card (ADFVC 2010).<br />
Further, recent changes restricting eligibility for parenting payment to parents with younger<br />
children are still to take full effect and this will see increasing numbers of sole parents with<br />
young children reliant <strong>on</strong> the lower levels of income support provided through Newstart<br />
payments made to job-seekers. Thus, while income support should be a positive sec<strong>on</strong>dary<br />
or tertiary interventi<strong>on</strong> for families by providing protecti<strong>on</strong> against poverty, low levels of<br />
payments and c<strong>on</strong>diti<strong>on</strong>ality may leave women ill-equipped to become ec<strong>on</strong>omically secure<br />
at a time when they may also face multiple barriers to gaining security through employment<br />
participati<strong>on</strong>.<br />
A recent initiative has extended the provisi<strong>on</strong>s for people receiving Centrelink payments to<br />
opt for payments to be made <strong>on</strong> a weekly rather than fortnightly basis (DHS 2012, accessed<br />
7 July 2012 at ). This kind of flexibility has been seen<br />
as important for women experiencing family violence who may be managing a range of<br />
financial demands—as has the opti<strong>on</strong> for advance payments—and and there have been<br />
calls for these to be made more widely available (<strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service,<br />
McAuley Community Services for Women & Kild<strong>on</strong>an UnitingCare 2011).<br />
There is an identified gap in regard to income support for women exiting domestic or family<br />
violence who may be ineligible for income support payments, including for Special Benefit<br />
which is provided to people in severe hardship but which is means and asset-tested. It has<br />
been argued that domestic and family violence should be included am<strong>on</strong>g the eligibility<br />
criteria for this payment (<strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service 2011). In additi<strong>on</strong>, women<br />
who are migrants and have arrived in Australia <strong>on</strong> a spouse visa may be ineligible to access<br />
income support payments <strong>on</strong> separating from a partner following domestic violence and they<br />
may also not be permitted to work. While a woman may be able to claim the Special Benefit,<br />
29
Centrelink may seek to recover payments from her sp<strong>on</strong>sor who may be her ex-partner, a<br />
situati<strong>on</strong> which has been seen as placing the woman at increased risk of being subjected to<br />
further violence (Braaf & Barrett Meyering 2011).<br />
A crisis payment provided through Centrelink is equal to <strong>on</strong>e week of a standard benefit, and<br />
can be paid to people who experience severe financial hardship due to domestic violence<br />
and who are already receiving Centrelink income support payments. The payment can be<br />
made to people who have had to leave their home because of domestic or family violence or<br />
who remain in the home after a family member left or was removed due to domestic<br />
violence. However, women exiting violent relati<strong>on</strong>ships who are not eligible for Centrelink<br />
payments cannot access this payment.<br />
State governments also provide some crisis and hardship assistance and c<strong>on</strong>cessi<strong>on</strong>s for<br />
people <strong>on</strong> low incomes. For example, in Victoria there is an annual energy c<strong>on</strong>cessi<strong>on</strong> for<br />
low income households and a utility relief grant scheme to assist people in financial difficulty<br />
with gas, electricity or water bills. However, most of these types of assistance are <strong>on</strong>ly<br />
available to people who are eligible for a Health Care Card, thus excluding many women<br />
escaping domestic violence who may have assets ‘<strong>on</strong> paper’ but who actually have very<br />
limited immediate access to funds to pay for essential goods and services.<br />
Income management<br />
In 2007 the Howard Liberal-Nati<strong>on</strong>al Coaliti<strong>on</strong> Government introduced the income<br />
management scheme under which a proporti<strong>on</strong> of a pers<strong>on</strong>’s income support payments are<br />
‘quarantined’ or able <strong>on</strong>ly to be spent <strong>on</strong> certain goods and services (for example, health<br />
care, housing, food, clothing, educati<strong>on</strong>). While initially introduced as a compulsory scheme<br />
in some Aboriginal communities in the Northern Territory and as part of a trial in Cape York,<br />
provisi<strong>on</strong>s were also made for voluntary income management. The Labor Government has<br />
maintained and extended the scheme and from July 2012 it will operate throughout the<br />
Northern Territory and in five new locati<strong>on</strong>s, which are the local government areas of<br />
Sheppart<strong>on</strong> (Victoria), Bankstown (New South Wales), Rockhampt<strong>on</strong> (Queensland),<br />
Playford (South Australia) and Logan (Queensland). The income management scheme<br />
utilises a ‘BasicsCard’ which a pers<strong>on</strong> can use to purchase goods and services from<br />
approved businesses while there are restricti<strong>on</strong>s <strong>on</strong> funds being spent <strong>on</strong> alcohol, tobacco,<br />
pornographic material and gambling products. Other features of the scheme include<br />
matched savings plans, m<strong>on</strong>ey management services and training, financial counselling and,<br />
in the case of voluntary participants, financial incentives for staying in the scheme<br />
(Buckmaster & Ey 2012).<br />
Income support payment recipients who may be put <strong>on</strong>to the income management scheme<br />
are people who are referred by state or territory child protecti<strong>on</strong> authorities where children<br />
are deemed to be neglected or at risk, people assessed by Centrelink social workers as<br />
being ‘vulnerable’ and people who volunteer for income management. Indicators of<br />
vulnerability are financial hardship, financial exploitati<strong>on</strong>, failure to undertake reas<strong>on</strong>able<br />
self-care and homelessness or risk of homelessness. Financial exploitati<strong>on</strong> is described as<br />
occurring “when a pers<strong>on</strong> is subject to undue pressure, harassment, violence, <strong>abuse</strong>,<br />
decepti<strong>on</strong> or exploitati<strong>on</strong> for resources by another pers<strong>on</strong> or people, including other family<br />
members and community members” (Department of Families, Housing, Community Services<br />
and Indigenous Affairs [FaHCSIA] 2012, secti<strong>on</strong> 11.4.2.20). Thus, people who are subjected<br />
to ec<strong>on</strong>omic <strong>abuse</strong> are specifically identified as targets for income management.<br />
The stated objectives of the income management scheme include to reduce hardship and<br />
deprivati<strong>on</strong>, to help people to budget, to reduce discreti<strong>on</strong>ary spending <strong>on</strong> restricted items, to<br />
reduce the likelihood of people being subject to harassment and <strong>abuse</strong> in relati<strong>on</strong> to their<br />
30
welfare payment and to encourage socially resp<strong>on</strong>sible behaviour, particularly in the care<br />
and educati<strong>on</strong> of children (FaHCSIA 2012, secti<strong>on</strong> 11.1.30).<br />
Income management has been c<strong>on</strong>troversial, attracting widespread criticism from<br />
community and welfare bodies for being paternalist and stigmatising and as being poorly<br />
supported by any evidence of its effectiveness (Buckmaster & Ey 2012). The extensi<strong>on</strong> of<br />
the scheme to people experiencing ec<strong>on</strong>omic <strong>abuse</strong> has been seen as blaming or targeting<br />
victims of <strong>abuse</strong> and as casting them as resp<strong>on</strong>sible for the circumstances created by the<br />
<strong>abuse</strong>, including by implying that lack of financial knowledge and financial management<br />
skills are the causes of poverty and low income (ADFVC 2010).<br />
Centrelink practices<br />
Recent qualitative research exploring the experiences of women affected by domestic and<br />
family violence reported that most women experienced Centrelink as helpful in providing<br />
quick access to income support (Braaf & Barrett Meyering 2011). It also identified that the<br />
following barriers experienced by women to accessing Centrelink services:<br />
<br />
<br />
<br />
<br />
lack of readily available informati<strong>on</strong> about eligibility for different types of payments,<br />
particularly the Crisis Payment and c<strong>on</strong>flicting informati<strong>on</strong> about payments and<br />
requirements from staff<br />
lack of assistance in filling in Centrelink forms<br />
having to frequently retell domestic violence experiences to different Centrelink staff<br />
and/or having to do so in areas with no privacy and despite this informati<strong>on</strong> already<br />
being <strong>on</strong> file;<br />
lengthy waiting times for payments, gaps in payments and payments being cut off<br />
due to administrative errors without compensati<strong>on</strong><br />
negative encounters with Centrelink staff (Braaf & Barrett Meyering 2011, pp. 96-98)<br />
In additi<strong>on</strong> to experiencing a lack of easy access to informati<strong>on</strong> about Centrelink payments<br />
and assistance women were not readily provided with informati<strong>on</strong> about legal entitlements,<br />
such as Victims’ Compensati<strong>on</strong>, a c<strong>on</strong>cern which applies not just to Centrelink but to service<br />
providers in the community sector (Braaf & Barrett Meyering 2011).<br />
Notably, a recent review of legal frameworks relating to family violence by the ALRC<br />
produced the following recommendati<strong>on</strong>s:<br />
Recommendati<strong>on</strong> 4-2: The Department of Human Services should provide<br />
informati<strong>on</strong> to customers about how family violence may be relevant to their<br />
child support, family assistance and social security matters. This should be<br />
provided in a variety of formats and should include relevant informati<strong>on</strong> about:<br />
(a) exempti<strong>on</strong>s;<br />
(b) entitlements;<br />
(c) privacy and informati<strong>on</strong> protecti<strong>on</strong>;<br />
(d) support and services provided by the Child Support Agency, the<br />
<strong>Family</strong> Assistance Office and Centrelink;<br />
(e) referrals to Centrelink social workers and expert service providers;<br />
and<br />
(f) income management.<br />
Recommendati<strong>on</strong> 4-3: The Child Support Guide, the <strong>Family</strong> Assistance Guide,<br />
and the Guide to Social Security Law should provide that, when family<br />
violence-related safety c<strong>on</strong>cerns are identified, the Department of Human<br />
31
Services staff providing customer services must refer the customer to a<br />
Centrelink social worker or other expert service providers (ALRC 2011c, p. 12)<br />
Child support and family assistance<br />
The child support scheme was established in the late 1980s to enforce children’s rights to be<br />
supported by both their parents following separati<strong>on</strong> and it is administered through the<br />
Comm<strong>on</strong>wealth Department of Human Services (ALRC 2011a). Both parents of a child may<br />
apply for child support and a formula is used to assess how much child support a parent<br />
should pay. The formula c<strong>on</strong>siders both parents’ taxable income, the percentage of care<br />
time each has for the child and the costs of all children. The assessment takes into account<br />
both parents’ income, the care arrangements, and the number of dependent children.<br />
Payees can choose to collect child support privately or payments can be collected and<br />
transferred by the Department of Human Services <strong>on</strong> their behalf (ALRC 2011a; DHS 2012,<br />
accessed 27 June 2012, ).<br />
Research that has c<strong>on</strong>sidered women’s experience relating to child support following<br />
domestic and family violence has identified the following as problems: adequacy of the level<br />
of child support payments; avoidance of child support payments by ex-partners—including<br />
through gaining orders for parenting arrangements that they do not comply with; loss of<br />
welfare payments or <strong>Family</strong> Tax Benefit based <strong>on</strong> assessments of child support payments<br />
that are not actually received; lack of enforcement of child support agreements by the<br />
Department of Human Services; and increased risk/threats of further violence in resp<strong>on</strong>se to<br />
women’s attempts to pursue child support payments (Braaf & Barrett Meyering 2011; Evans<br />
2007; McKenzie & Cook 2007; Patrick, Cook & McKenzie 2008; Patrick, Cook & Taket 2007;<br />
see also ALRC 2011c).<br />
For women who have experienced ec<strong>on</strong>omic <strong>abuse</strong> in their relati<strong>on</strong>ships, payment<br />
avoidance by ex-partners is a c<strong>on</strong>tinuati<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>, a fact that was recognised by<br />
the ALRC (2011c, p. 290) in its recent inquiry into legal frameworks relating to domestic and<br />
family violence. Avoidance by the paying parent can be achieved by minimising income, by<br />
paying child support late or irregularly, paying less than the assessment, or not paying at all.<br />
While the Department of Human Services is empowered to c<strong>on</strong>duct investigati<strong>on</strong>s it is not<br />
required to c<strong>on</strong>duct investigati<strong>on</strong>s in making administrative assessments and, in practice, it<br />
does not usually actively investigate cases. In some cases this means that women must<br />
collect evidence or investigate their ex-partner’s circumstances themselves or remain<br />
financially disadvantaged (ALRC 2011c). The ALRC c<strong>on</strong>sidered these issues, for the most<br />
part, to be outside its scope as the terms of reference limited its inquiry to matters affecting<br />
the safety of victims of family violence (ALRC 2011a, p. 4).<br />
An alternative to a child support assessment is a private arrangement between parents that<br />
does not involve the Department of Human Services. These arrangements were examined<br />
as part of the ALRC (2011d) review. The ALRC c<strong>on</strong>cluded that there were adequate<br />
safeguards in place to protect family violence victims against financial exploitati<strong>on</strong> but that<br />
‘private arrangements are likely to be unsuitable in many cases where family violence is<br />
present as victims may collect less child support than they are entitled to, or no child support<br />
at all, due to fear, pressure or coerci<strong>on</strong>’ and also noted that ‘private arrangements may<br />
provide a platform for c<strong>on</strong>tinuing c<strong>on</strong>trol or <strong>abuse</strong>’ (ALRC 2011c, p. 289). The ALRC (2011c)<br />
also acknowledged that the experience of violence may lead to a decisi<strong>on</strong> not to seek child<br />
support, to end child support or to accept insufficient child support and that acti<strong>on</strong>s initiated<br />
by the Department of Human Services can endanger victims and open up possibilities for<br />
pressure and coerci<strong>on</strong>.<br />
32
The ALRC recommended a host of changes to Department of Human Services practices to<br />
address c<strong>on</strong>cerns for improving the agency identificati<strong>on</strong> of and resp<strong>on</strong>se to family violence<br />
and safety and decreasing opportunities for <strong>on</strong>going <strong>abuse</strong> and these are listed in full in<br />
Appendix A of this report. Notably, in its c<strong>on</strong>siderati<strong>on</strong>s the ALRC (2011c, p. 131) included<br />
financial security as an aspect of safety.<br />
The child support system also interacts with the system of family assistance payments to<br />
parents such that parents are obliged to seek child support payments to be eligible to<br />
receive <strong>Family</strong> Tax Benefit. This means that a woman who does not seek child support from<br />
an ex-partner due to fear of violence could be doubly disadvantaged by being denied <strong>Family</strong><br />
Tax Benefit. There is a family violence exempti<strong>on</strong> enabling victims of family violence to opt<br />
out of obtaining child support payments where this would place them at risk without a<br />
c<strong>on</strong>sequent reducti<strong>on</strong> to their <strong>Family</strong> Tax Benefit Part A payments and the recent ALRC<br />
review recommended that this protective measure be strengthened through a number of<br />
changes to the administrative <strong>Family</strong> Assistance Guide (ALRC 2011c). At the time of writing<br />
it is not known what acti<strong>on</strong>s have been taken in resp<strong>on</strong>se to these recommendati<strong>on</strong>s by the<br />
Comm<strong>on</strong>wealth Department of Human Services which has resp<strong>on</strong>sibility for this area.<br />
Homelessness<br />
Access to safe and affordable housing is a crucial issue for women escaping domestic and<br />
family violence and while homelessness c<strong>on</strong>tinues have major negative impacts there have<br />
been some recent policy developments which have the objective of addressing these issues.<br />
At the same time the broader c<strong>on</strong>text is <strong>on</strong>e of chr<strong>on</strong>ic shortage of both emergency<br />
accommodati<strong>on</strong> and affordable housing in Australia.<br />
Policies for addressing homelessness due to domestic and family violence are mostly<br />
reactive or tertiary interventi<strong>on</strong>s as there is usually no awareness of the problem until a<br />
woman leaves her home and seeks assistance (MacKenzie & Chamberlain 2003; Tually<br />
2008). So, other than broad strategies for preventing domestic violence it has been<br />
c<strong>on</strong>sidered difficult to identify measures to prevent homelessness. However, in recent years<br />
there have been some new initiatives which suggest better sec<strong>on</strong>dary interventi<strong>on</strong>s that may<br />
increase the possibility for more women to remain in their homes safely after the perpetrator<br />
of violence has left.<br />
The Comm<strong>on</strong>wealth’s White Paper <strong>on</strong> Homelessness, The Road Home (Australia 2008),<br />
identified a need for expanded models of integrated support to enable women and children<br />
experiencing domestic and family violence to remain safely in their own homes. New targets<br />
for the Comm<strong>on</strong>wealth and states in regard to reducing homelessness of women and<br />
children were also set under the Nati<strong>on</strong>al Affordable Housing Agreement which is<br />
underpinned by the Nati<strong>on</strong>al Partnership Agreement <strong>on</strong> Homelessness between the<br />
Comm<strong>on</strong>wealth, states and territories, which has recently been reviewed (COAG 2012,<br />
accessed 19 July 2012 at ).<br />
Prior to the 2008 nati<strong>on</strong>al agreement, some states and territories had introduced ‘safe at<br />
home’ models of resp<strong>on</strong>ses to homelessness precipitated by domestic and family violence<br />
and the White Paper identified this type of strategy as an area for development (Australia<br />
2008, p. 330). This model relies <strong>on</strong> an integrated resp<strong>on</strong>se to family violence by the criminal<br />
justice and health and community services sectors. The model allows women and their<br />
children to stay in the home by removing the perpetrator and in this it is a resp<strong>on</strong>se which<br />
assumes perpetrators should be held accountable for their acti<strong>on</strong>s (Tually et al 2008). This<br />
model can provide women and children with stability and enable them to maintain social<br />
support and to experience less disrupti<strong>on</strong> to their participati<strong>on</strong> in employment and educati<strong>on</strong>.<br />
It is supported by legal arrangements in all Australian states and territories which provide for<br />
33
perpetrators to be excluded from the home as a c<strong>on</strong>diti<strong>on</strong> of domestic violence orders<br />
(Bartels 2010). Service models also include: specialist workers to assess safety and support<br />
needs, and brokerage funds to stabilise housing, increase home security and provide shortterm<br />
rental subsidies or mortgage top ups (Australia 2008). However this approach is not<br />
likely to be suitable for all women, especially where there is a high level of risk of <strong>on</strong>going<br />
violence and the White Paper identifies a c<strong>on</strong>tinued reliance <strong>on</strong> crisis accommodati<strong>on</strong>, which<br />
has been unable to meet demand over a c<strong>on</strong>siderable period (Australia 2008). There is also<br />
some evidence that exclusi<strong>on</strong> orders are rarely used (Bartels 2010), including because there<br />
is some reluctance <strong>on</strong> the part of courts to use them (Wilcox & McFerran 2009; McFerran<br />
2007).<br />
Financial capability and other financial services and programs<br />
While the term ‘financial capability’ may be used interchangeably with the term ‘financial<br />
literacy’, here the former term is taken to be a broader c<strong>on</strong>cept than literacy and to include<br />
the opportunity to develop financial stability through asset-building as well as through gaining<br />
knowledge and skills (Landvogt 2006). Financial capability initiatives can be primary,<br />
sec<strong>on</strong>dary and tertiary interventi<strong>on</strong>s, including, for example: primary interventi<strong>on</strong>s which aim<br />
to provide financial educati<strong>on</strong>—including <strong>on</strong> gender issues—for young people through<br />
school-based programs; primary or sec<strong>on</strong>dary interventi<strong>on</strong>s such as financial educati<strong>on</strong> for<br />
women (for example, providing informati<strong>on</strong> <strong>on</strong> how superannuati<strong>on</strong> works) and for<br />
community sector workers (for example, training to increase understanding of key financial<br />
issues for women and possible avenues of referral for assistance) and educati<strong>on</strong> for women<br />
who have been subjected to violence (for example, microfinance to assist women to build<br />
assets).<br />
Australian Government policy and programs in this area includes the Nati<strong>on</strong>al Financial<br />
Literacy Strategy which includes educati<strong>on</strong> as a primary interventi<strong>on</strong> and an assortment of<br />
mainly sec<strong>on</strong>dary and tertiary interventi<strong>on</strong>s that come under the banner of the Financial<br />
Management Program, which includes emergency relief, microfinance, a retirement savings<br />
informati<strong>on</strong> service, financial counselling, the Community Development Financial Instituti<strong>on</strong>s<br />
pilot project providing low cost lending and the home energy saver scheme assisting low<br />
income households. These programs are mostly provided in c<strong>on</strong>juncti<strong>on</strong> with the states and<br />
territories, community sector agencies and corporate bodies such as lending instituti<strong>on</strong>s.<br />
Financial literacy<br />
In 2011, the Australian Securities and Investments Commissi<strong>on</strong> (ASIC), the nati<strong>on</strong>al financial<br />
services regulati<strong>on</strong> body, established the Nati<strong>on</strong>al Financial Literacy Strategy (the Nati<strong>on</strong>al<br />
Strategy), building <strong>on</strong> existing initiatives in this area (ASIC 2011). The Nati<strong>on</strong>al Strategy<br />
defines financial literacy as “the ability to make informed judgements and to take effective<br />
decisi<strong>on</strong>s regarding the use and management of m<strong>on</strong>ey” (ASIC 2011, p. 12). 6<br />
The need for the strategy is identified as arising from “the growing range of financial<br />
products available, changes in demography and increases in c<strong>on</strong>sumer resp<strong>on</strong>sibility for<br />
superannuati<strong>on</strong> decisi<strong>on</strong>s and retirement incomes” (ASIC 2011, p. 4). It is also noted that<br />
there are significant disparities in knowledge and understanding of financial matters across<br />
different groups in the community and that, while there can be significant benefits for<br />
every<strong>on</strong>e, improving financial literacy will assist some to overcome or avoid financial<br />
6 ASIC (2011, p. 12) notes that the term ‘financial capability’ ‘perhaps better expresses the c<strong>on</strong>cept of<br />
acting <strong>on</strong> knowledge gained’ but that the term ‘financial literacy’ is ‘well embedded in Australia‘.<br />
34
exclusi<strong>on</strong>. In additi<strong>on</strong> to increasing ec<strong>on</strong>omic participati<strong>on</strong> and social inclusi<strong>on</strong> ASIC states<br />
that increased financial literacy can “drive competiti<strong>on</strong> and market efficiency in the financial<br />
services sector, and potentially reduce regulatory interventi<strong>on</strong>” (ASIC 2011, p. 5).<br />
ASIC identifies the groups as being most in need of financial literacy assistance as retirees<br />
and pre-retirees, young people, Indigenous Australians, women and other groups with low<br />
financial literacy or who are excluded from traditi<strong>on</strong>al avenues for financial informati<strong>on</strong> and<br />
advice. However, it is not clearly articulated how the Nati<strong>on</strong>al Strategy will target these<br />
groups. Partners in the development and implementati<strong>on</strong> of the Nati<strong>on</strong>al Strategy are<br />
identified as government bodies, educati<strong>on</strong> and financial instituti<strong>on</strong>s, businesses, uni<strong>on</strong>s and<br />
n<strong>on</strong>-government organisati<strong>on</strong>s including community groups and charities. The Nati<strong>on</strong>al<br />
Strategy identifies existing educati<strong>on</strong> pathways (schools, vocati<strong>on</strong>al and adult educati<strong>on</strong>,<br />
universities, workplaces) as priority avenues for extending financial literacy skills and<br />
knowledge and places emphasis <strong>on</strong> “broad generati<strong>on</strong>al change” with its “key initiative” a<br />
being a new c<strong>on</strong>sumer website, ‘M<strong>on</strong>eySmart’, providing “independent, free, reliable and<br />
accessible pers<strong>on</strong>alised m<strong>on</strong>ey guidance tools, designed to engage people and lead to<br />
positive acti<strong>on</strong> motivati<strong>on</strong>” (ASIC 2011, p. 7). An evaluati<strong>on</strong> of M<strong>on</strong>eySmart am<strong>on</strong>g internet<br />
users (Sweeney Research 2012) provides limited insight into how effective this type of<br />
service might be for women who have low levels of financial literacy.<br />
Various state and territory governments have at times specifically identified the improvement<br />
of women’s financial literacy as a priority for women’s ec<strong>on</strong>omic security including, for<br />
example, the Northern Territory’s current women’s strategy (Northern Territory Government<br />
2008). Ec<strong>on</strong>omic security through educati<strong>on</strong> and employment is identified as <strong>on</strong>e of five<br />
priority areas and the strategy includes acti<strong>on</strong>s to increase women’s access to financial<br />
planning. Individual state and territory agencies with resp<strong>on</strong>sibility for c<strong>on</strong>sumer affairs may<br />
also provide and/or fund financial educati<strong>on</strong> initiatives.<br />
Microfinance and low-cost lending<br />
Microfinance incorporates a number of asset-building strategies for people <strong>on</strong> low incomes<br />
and the microfinance strategies supported by government in Australia are matched savings<br />
schemes and no or low interest loans schemes.<br />
As noted in the discussi<strong>on</strong> of income support payments above, matched savings programs<br />
are available through Centrelink to some people receiving income support payments who<br />
are being income managed. The Australian Government also funds microfinance programs<br />
which are provided through community organisati<strong>on</strong>s, with largest of these being the <strong>Good</strong><br />
<strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service no interest loans program which also receives significant<br />
support from the Nati<strong>on</strong>al Australia Bank. 7 In the 2011-2012 federal budget the government<br />
committed funding for this program of $24 milli<strong>on</strong> over four years (Macklin 2011) and the<br />
program is now provided in over 400 locati<strong>on</strong>s around Australia (<strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> &<br />
<strong>Family</strong> Service Microfinance 2012, accessed 24 June 2012 at ). As discussed in the secti<strong>on</strong> <strong>on</strong><br />
community services below the no interest loans scheme has been adapted to be used by<br />
women leaving domestic and family violence to build household assets (<strong>Good</strong> <strong>Shepherd</strong><br />
<strong>Youth</strong> & <strong>Family</strong> Service 2012, accessed 24 June 2012 at < http://www.goodshepvic.org.au/<br />
stepupandnils/>).<br />
The Community Development Financial Instituti<strong>on</strong>s pilot project has provided funding to five<br />
community finance organisati<strong>on</strong>s for business development and infrastructure costs. Its<br />
7 This is now coordinated by <strong>Good</strong> <strong>Shepherd</strong> Microfinance (see<br />
).<br />
35
purpose is to “build the capacity and resilience of disadvantaged and financially excluded<br />
individuals by attracting investment and injecting funds into community finance organisati<strong>on</strong>s<br />
that offer them financial services and products that they would otherwise not be able to<br />
access from mainstream sources” (Treasury 2012, p. 20). 8 The pilot is promoted by the<br />
government as filling a gap between welfare and mainstream financial instituti<strong>on</strong>s and as<br />
targeting individual who could afford financial products but cannot gain access to them<br />
including because of discriminati<strong>on</strong> in the lending market (Treasury 2012). The pilot is due to<br />
be evaluated in 2012.<br />
Financial counselling<br />
The Australian Government funds community service organisati<strong>on</strong>s and local government<br />
bodies to provide financial counselling services to assist people experiencing financial<br />
difficulty through the Comm<strong>on</strong>wealth Financial Counselling services program administered<br />
by FaHCSIA. Funded services include casework, individual advocacy, referral and<br />
community educati<strong>on</strong>. While the range of organisati<strong>on</strong>s funded to provide financial<br />
counselling services is diverse some organisati<strong>on</strong>s are providers of services to groups likely<br />
to include people affected by family violence, including some domestic and family violence<br />
services and family mediati<strong>on</strong> services. 9<br />
The Comm<strong>on</strong>wealth Rural Financial Counselling Service funds state and regi<strong>on</strong>al bodies to<br />
provide free financial counselling to “primary producers, fishers and small rural businesses<br />
… who are suffering financial hardship and who have no alternative sources of impartial<br />
support” (Department of Agriculture, Fisheries & Forestry 2012, accessed 21 July 2012 at<br />
http://www.daff.gov.au/agriculture-food/drought/rfcs/). Providers of these services may be<br />
well placed to support women in rural communities experiencing ec<strong>on</strong>omic <strong>abuse</strong> although<br />
no research or data <strong>on</strong> the Australian experience was identified in literature and web<br />
searches.<br />
Legal assistance and legal costs<br />
One final key public policy issue c<strong>on</strong>cerns the support available to women for representati<strong>on</strong><br />
and advice in dealing with the myriad of legal issues that can result from domestic and family<br />
violence and which can entail very significant costs.<br />
Nati<strong>on</strong>ally, legal aid services are funded under a partnership agreement between the<br />
Comm<strong>on</strong>wealth Attorney General and legal aid commissi<strong>on</strong>s in each of the states and<br />
territories. <strong>Family</strong> violence is am<strong>on</strong>g the priorities set out in the nati<strong>on</strong>al agreement. In<br />
Victoria this means duty lawyers are provided for family violence case lists in magistrates’<br />
courts and Victoria Legal Aid also funds private lawyers to represent people in interventi<strong>on</strong><br />
order cases. Funding is also provided for lawyers to represent resp<strong>on</strong>dents in these cases to<br />
prevent women’s cross-examinati<strong>on</strong> by alleged perpetrators. Client means tests are also<br />
reduced or absent in family violence cases. <strong>Family</strong> violence lawyers in community legal<br />
centres are funded by the Victorian Government. So, while women generally have access to<br />
representati<strong>on</strong> in family violence matters they may have to pay for legal assistance in<br />
dealing with property and other matters.<br />
8 See .<br />
9 A complete list of financial counselling services funded under the CFC is at<br />
<br />
(accessed 21 July 2012).<br />
36
C<strong>on</strong>clusi<strong>on</strong>: public policies and ec<strong>on</strong>omic <strong>abuse</strong><br />
At the societal level the issue of ec<strong>on</strong>omic <strong>abuse</strong> is directly tackled by policies that focus <strong>on</strong><br />
equality for women and ec<strong>on</strong>omic equality has been a str<strong>on</strong>g theme in recent public policy in<br />
Australia. While preventi<strong>on</strong> has been a key focus of recent policies to address violence<br />
against women there is little evidence of any specific attenti<strong>on</strong> to raising community<br />
awareness of ec<strong>on</strong>omic <strong>abuse</strong> as an aspect of domestic and family violence. At the other<br />
end of the spectrum public policies framing resp<strong>on</strong>ses to domestic and family violence<br />
through tertiary interventi<strong>on</strong>s targeted at the individual level have a str<strong>on</strong>g safety focus which<br />
is largely a focus <strong>on</strong> physical safety at the point of crisis and <strong>on</strong> stopping further violence.<br />
There is a stated objective to look to more holistic resp<strong>on</strong>ses to violence and to involve<br />
mainstream services in addressing women’s needs following violence. This is a trend which<br />
may see a greater focus <strong>on</strong> women’s l<strong>on</strong>ger-term wellbeing including their financial<br />
wellbeing. At present such a focus is evident in some areas including in homelessness<br />
policies although in this area shortages of both crisis accommodati<strong>on</strong> and affordable housing<br />
c<strong>on</strong>tinue to be chr<strong>on</strong>ic problems.<br />
While there are a range of c<strong>on</strong>cerns with income support policies as they meet the needs of<br />
women generally—especially women with children—the evidence suggests that there are<br />
also shortcomings in the ways in which the system is able to resp<strong>on</strong>d to the immediate<br />
needs of women exiting domestic violence. There are two separate aspects to this: the first<br />
c<strong>on</strong>cerns the administrati<strong>on</strong> of the current system whereby women experience problems<br />
accessing the supports that are available, and the sec<strong>on</strong>d is that the system is not designed<br />
to meet the needs of this group of women–rather a series of excepti<strong>on</strong>s and add-<strong>on</strong><br />
arrangements have been made. The first issue is <strong>on</strong>e which received c<strong>on</strong>siderable attenti<strong>on</strong><br />
in the recent review of legal frameworks relating to family violence c<strong>on</strong>ducted by the ALRC<br />
(2011c) and <strong>on</strong>e outcome of that review was a large number of recommendati<strong>on</strong>s to improve<br />
resp<strong>on</strong>ses for people experiencing violence. Addressing the sec<strong>on</strong>d issue is probably more<br />
difficult, including because there is a very poor evidence-base relating to the nature of the<br />
problems women face and how they fare over time, including how immediate hardship <strong>on</strong><br />
escaping violence might impact <strong>on</strong> women’s ability to gain financial security in the l<strong>on</strong>ger<br />
term. In relati<strong>on</strong> to the income management scheme it is difficult to see how this will assist<br />
people experiencing domestic and family violence while it may lead to stigmatisati<strong>on</strong>.<br />
As with income support the interacti<strong>on</strong> of the child support and family assistance<br />
arrangements with ec<strong>on</strong>omic <strong>abuse</strong> are issues that have been taken up in the recent ALRC<br />
review and are the subject of recommendati<strong>on</strong>s for change. If the recommendati<strong>on</strong>s are<br />
acted <strong>on</strong> they may go some way to addressing present problems associated with these<br />
arrangements that include the c<strong>on</strong>tinuati<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> after women have left<br />
relati<strong>on</strong>ships. However, problems which may require additi<strong>on</strong>al resp<strong>on</strong>ses c<strong>on</strong>cern the<br />
adequacy of payments, and avoidance of child support payments including through<br />
manipulati<strong>on</strong> of care arrangements.<br />
Key issues relating to the ways in which public policies impact <strong>on</strong> women’s access to<br />
affordable legal assistance following ec<strong>on</strong>omic <strong>abuse</strong> are difficult to identify due to the<br />
diversity of legal matters women may be dealing with. Other complicating factors are<br />
differences in laws and systems of legal assistance across states and territories. In additi<strong>on</strong>,<br />
there is limited research about the pathways through legal systems that women might take to<br />
regain ec<strong>on</strong>omic security following domestic violence and any problems they may face. This<br />
is an area which requires further research.<br />
The need to build women’s financial capability has been identified in public policies directed<br />
to equality for women, in policies to address violence against women and in the nati<strong>on</strong>al<br />
37
financial literacy strategy. However, there may be potential to develop new resp<strong>on</strong>ses in this<br />
area.<br />
38
Legal and Regulatory Frameworks<br />
Australia’s legal framework for dealing with family violence and safety is complex and<br />
includes state and territory and Comm<strong>on</strong>wealth laws. In additi<strong>on</strong> there are a large number of<br />
other legal frameworks which have some bearing <strong>on</strong> domestic and family violence. Rather<br />
than trying to capture the full breadth of frameworks the discussi<strong>on</strong> in this secti<strong>on</strong> focuses <strong>on</strong><br />
some key areas of law and regulati<strong>on</strong> which have significance for understandings of and<br />
resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong>. These are:<br />
<br />
<br />
<br />
<br />
<br />
<br />
family violence<br />
family law<br />
victims’ compensati<strong>on</strong><br />
superannuati<strong>on</strong><br />
migrati<strong>on</strong> law<br />
c<strong>on</strong>sumer protecti<strong>on</strong> laws and regulati<strong>on</strong>s.<br />
This list by no means covers all areas of regulati<strong>on</strong> that may be relevant. However, these<br />
areas have particular importance to ec<strong>on</strong>omic <strong>abuse</strong>. The foregoing discussi<strong>on</strong> of public<br />
policies captured issues in some other key areas of law, for example, child support and<br />
social security.<br />
Ec<strong>on</strong>omic <strong>abuse</strong> in domestic and family violence laws<br />
Regulatory changes in some Australian states since the mid-2000s have seen the formal<br />
acknowledgement of ec<strong>on</strong>omic <strong>abuse</strong> as a form of domestic and family violence in law and<br />
there is evidence of general support for this. For example, submissi<strong>on</strong>s in resp<strong>on</strong>se to a<br />
recent proposal that all state and territory family violence legislati<strong>on</strong> should expressly<br />
recognise ec<strong>on</strong>omic <strong>abuse</strong> were reported as being “overwhelming (in) support” of the<br />
proposal (ALRC/NSWLRC 2010, p. 176). 10 However, ec<strong>on</strong>omic <strong>abuse</strong> is not yet included in<br />
all state and territory legislati<strong>on</strong>. In additi<strong>on</strong>, there is no clear evidence that where there is<br />
legal recogniti<strong>on</strong> that this is reflected widely in legal acti<strong>on</strong>s and processes resp<strong>on</strong>ding to<br />
domestic and family violence (ALRC/NSWLRC 2010). While the recency of some legislative<br />
changes makes it difficult to assess how they might impact <strong>on</strong> outcomes for women it is also<br />
the case that there are few readily identifiable sources of collated informati<strong>on</strong> c<strong>on</strong>cerning the<br />
outcomes of these provisi<strong>on</strong>s in legal processes and decisi<strong>on</strong>s.<br />
In the Victorian Government’s <strong>Family</strong> Violence Protecti<strong>on</strong> Act 2008 family violence has been<br />
defined as:<br />
(a) behaviour by a pers<strong>on</strong> towards a family member of that pers<strong>on</strong> if that<br />
behaviour<br />
is physically or sexually abusive; or<br />
is emoti<strong>on</strong>ally or psychologically abusive; or<br />
is ec<strong>on</strong>omically abusive; or<br />
is threatening; or<br />
is coercive; or<br />
10 Notably the Law Society of New South Wales opposed the inclusi<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> <strong>on</strong> the<br />
grounds that it would be difficult to prove (ALRC/NSWLRC 2010, p. 216)<br />
39
or<br />
in any other way c<strong>on</strong>trols or dominates the family member and causes<br />
that family member to feel fear for the safety or wellbeing of that family<br />
member or another pers<strong>on</strong>;<br />
(b) behaviour by a pers<strong>on</strong> that causes a child to hear or witness, or otherwise<br />
be exposed to the effects of, behaviour referred to in paragraph (a).<br />
Other states and territories that have explicitly included ec<strong>on</strong>omic <strong>abuse</strong> in the definiti<strong>on</strong> of<br />
family violence are Tasmania, South Australia, the Northern Territory and, in a very recent<br />
development, Queensland where the Domestic and <strong>Family</strong> Violence Protecti<strong>on</strong> Act 2012—<br />
which commences in September 2012—provides an expanded definiti<strong>on</strong> of domestic and<br />
family violence which includes emoti<strong>on</strong>al and ec<strong>on</strong>omic <strong>abuse</strong> and exposure of children<br />
(ALRC/NSWLRC 2010; Queensland 2012, accessed 12 June 2012, at ). The l<strong>on</strong>gest standing Australian legislati<strong>on</strong><br />
to include ec<strong>on</strong>omic <strong>abuse</strong> is the state <strong>Family</strong> Violence Act 2004 in Tasmania where, unlike<br />
most other jurisdicti<strong>on</strong>s, it is a criminal offence. However, the ALRC and NSWLRC (2010, p.<br />
1987, fn 40) have noted that commissi<strong>on</strong>ers are not aware of any prosecuti<strong>on</strong> in Tasmania<br />
for ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Recognising ec<strong>on</strong>omic <strong>abuse</strong> in other legislati<strong>on</strong><br />
At the nati<strong>on</strong>al level, a range of differing definiti<strong>on</strong>s of domestic and family violence are in<br />
place. A recent ALRC (2011c) review of legal frameworks relating to family violence<br />
recommended that legislati<strong>on</strong> be amended to include a c<strong>on</strong>sistent definiti<strong>on</strong> of family<br />
violence, requiring amendments to: the Social Security Act 1991 (Cth); Social Security<br />
(Administrati<strong>on</strong> Act) 1999 (Cth); Child Support (Assessment) Act 1989 (Cth); Child Support<br />
(Registrati<strong>on</strong> and Collecti<strong>on</strong>) Act 1988 (Cth); A New Tax System (<strong>Family</strong> Assistance) Act<br />
1999 (Cth); A New Tax System (<strong>Family</strong> Assistance) (Administrati<strong>on</strong>) Act 1999 (Cth); and<br />
Migrati<strong>on</strong> Regulati<strong>on</strong>s 1994 (Cth). The ALRC recommended that ‘family violence’ should be<br />
defined by reference to:<br />
a. a core definiti<strong>on</strong> of c<strong>on</strong>duct that is violent, threatening, coercive or c<strong>on</strong>trolling, or<br />
intended to cause the family member to be fearful; and<br />
b. a n<strong>on</strong>-exhaustive list of examples of physical and n<strong>on</strong>-physical c<strong>on</strong>duct.<br />
The examples provided by the ALRC are:<br />
a. physical violence<br />
b. sexual assault and other sexually abusive behaviour;<br />
c. ec<strong>on</strong>omic <strong>abuse</strong><br />
d. emoti<strong>on</strong>al or psychological <strong>abuse</strong><br />
e. stalking<br />
f. kidnapping or deprivati<strong>on</strong> of liberty<br />
g. damage to property, irrespective of whether the victim owns the property<br />
h. causing injury or death to an animal irrespective of whether the victim owns the<br />
animal; and<br />
i. behaviour by the pers<strong>on</strong> using violence that causes a child to be exposed to the<br />
effects of behaviour referred to in (a)–(h) above. (ALRC 2011, p. 12)<br />
The ALRC also recommended that a comm<strong>on</strong> interpretative framework for domestic and<br />
family violence be adopted in Australian Government guidelines and materials to provide for<br />
a c<strong>on</strong>sistent definiti<strong>on</strong> of family violence, including in the following:<br />
40
a. DEEWR and Job Services Australia Guidelines, Advices and Job Aids;<br />
b. Fair Work Australia material;<br />
c. Fair Work Ombudsman material;<br />
d. Safe Work Australia Codes of Practice and other material; and<br />
e. other similar material. (ALRC 2011c, p. 11)<br />
The ALRC has also recommended that where relevant and appropriate, all Australian<br />
Prudential Regulati<strong>on</strong> Authority, Department of Human Services, Australian Taxati<strong>on</strong> Office<br />
and superannuati<strong>on</strong> fund material, should provide for a c<strong>on</strong>sistent definiti<strong>on</strong> of family<br />
violence in line with its guideline (ALRC 2011c, p. 11). At the time of writing it was not known<br />
whether any of these changes had been made.<br />
<strong>Family</strong> law<br />
Very recent changes to the Comm<strong>on</strong>wealth <strong>Family</strong> Law Act 1975 have seen a broadening of<br />
the definiti<strong>on</strong> of family violence in family law including the incorporati<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>.<br />
<strong>Family</strong> violence is now defined as “violent, threatening or other behaviour by a pers<strong>on</strong> that<br />
coerces or c<strong>on</strong>trols a member of the pers<strong>on</strong>’s family (the family member), or causes the<br />
family member to be fearful” (<strong>Family</strong> Law Act 1975 s4AB). Examples of behaviour which<br />
may c<strong>on</strong>stitute family violence include the following:<br />
(g) unreas<strong>on</strong>ably denying the family member the financial aut<strong>on</strong>omy that he or<br />
she would otherwise have had; or<br />
h) unreas<strong>on</strong>ably withholding financial support needed to meet the reas<strong>on</strong>able<br />
living expenses of the family member, or his or her child, at a time when the<br />
family member is entirely or predominantly dependent <strong>on</strong> the pers<strong>on</strong> for<br />
financial support. (<strong>Family</strong> Law Act 1975 s4AB)<br />
<strong>Family</strong> law matters include separati<strong>on</strong> and divorce, relati<strong>on</strong>ships with children and property<br />
matters. While the ways in which family law systems and processes operate in all of these<br />
matters can have significance for women’s ec<strong>on</strong>omic outcomes, in relati<strong>on</strong> to ec<strong>on</strong>omic<br />
<strong>abuse</strong> the settlement of property is significant. Child support arrangements are also<br />
significant and some of the key issues with these were discussed in the previous secti<strong>on</strong><br />
c<strong>on</strong>cerned with policy issues. In relati<strong>on</strong> to property settlements two recent law reform<br />
reviews have recommended that the Australian Government “should initiate an inquiry into<br />
how family violence should be dealt with in respect of property proceedings under the <strong>Family</strong><br />
Law Act 1975 (Cth)” (ALRC 2011c, p. 630). Some of the issues relevant to ec<strong>on</strong>omic <strong>abuse</strong><br />
and property settlements are highlighted in the discussi<strong>on</strong> of superannuati<strong>on</strong> below.<br />
Superannuati<strong>on</strong><br />
Unequal participati<strong>on</strong> in employment—including the problem of gender pay inequity—places<br />
women at a disadvantage compared to men in regard to their financial wellbeing in<br />
retirement. For example, the Australian Institute of Superannuati<strong>on</strong> Trustees has estimated<br />
that the “median superannuati<strong>on</strong> balance for women aged between 55 and 64 years is<br />
$53,000, compared to $90,000 for men in the same age group” (de Silva & Harnath 2011, p.<br />
11).<br />
However, there are also some particular aspects of superannuati<strong>on</strong> arrangements and its<br />
regulati<strong>on</strong> that are specifically relevant to ec<strong>on</strong>omic <strong>abuse</strong>. The first of these c<strong>on</strong>cerns the<br />
possibility of loss of pers<strong>on</strong>al superannuati<strong>on</strong> through ec<strong>on</strong>omic <strong>abuse</strong> and the sec<strong>on</strong>d<br />
c<strong>on</strong>cerns the opti<strong>on</strong> for women to access their superannuati<strong>on</strong> early (that is, prior to<br />
retirement) when they may need m<strong>on</strong>ey <strong>on</strong> leaving an abusive relati<strong>on</strong>ship.<br />
41
In its recent review the ALRC identified three ways in which women could lose their own<br />
superannuati<strong>on</strong> through ec<strong>on</strong>omic <strong>abuse</strong>, each of which involves coerci<strong>on</strong>. The first is<br />
through a superannuati<strong>on</strong> agreement made under the Comm<strong>on</strong>wealth <strong>Family</strong> Law Act<br />
(1975) which is a form of financial agreement made by a couple which is a binding c<strong>on</strong>tract<br />
describing how their property or finances (in this case <strong>on</strong>e or both parties’ superannuati<strong>on</strong>)<br />
are to be dealt with (ALRC 2011b, p. 37). The sec<strong>on</strong>d possible means of loss of<br />
superannuati<strong>on</strong> through ec<strong>on</strong>omic <strong>abuse</strong> is where a partner has been coerced to ‘split’ her<br />
superannuati<strong>on</strong> c<strong>on</strong>tributi<strong>on</strong>s so a proporti<strong>on</strong> is paid into her partner’s fund (ALRC 2011b).<br />
The ALRC (2011b) c<strong>on</strong>cluded that while there were some protecti<strong>on</strong>s in the <strong>Family</strong> Law Act<br />
1975 to address the possibility of ec<strong>on</strong>omic <strong>abuse</strong> through these two means further<br />
investigati<strong>on</strong> is needed to c<strong>on</strong>sider the ways in which federal family courts c<strong>on</strong>sider family<br />
violence in property proceedings. The ALRC (2011d, p. 467) reiterated an earlier<br />
ALRC/NSWLRC (2010) recommendati<strong>on</strong> that “the Australian Government should initiate an<br />
inquiry into how family violence should be dealt with in respect of property proceedings<br />
under the <strong>Family</strong> Law Act 1975 (Cth) (and) (a)ny such inquiry should include c<strong>on</strong>siderati<strong>on</strong><br />
of the treatment of superannuati<strong>on</strong> in proceedings involving family violence”. This<br />
recommendati<strong>on</strong> captures the ALRC’s broader c<strong>on</strong>cern that family violence should be<br />
c<strong>on</strong>sidered by the family court both in assessing c<strong>on</strong>tributi<strong>on</strong>s and in c<strong>on</strong>sidering the<br />
distributi<strong>on</strong> of assets following separati<strong>on</strong>. In their report the ALRC (2011d, p. 466) cite a<br />
case in which the adverse impacts of family violence <strong>on</strong> a pers<strong>on</strong>’s c<strong>on</strong>tributi<strong>on</strong> were taken<br />
into account by a court.<br />
The third possible means of loss of superannuati<strong>on</strong> through ec<strong>on</strong>omic <strong>abuse</strong> is where<br />
superannuati<strong>on</strong> is in a self-managed superannuati<strong>on</strong> fund. These are funds where the<br />
trustees are the <strong>on</strong>ly members of the fund and over 90 per cent of such funds have two<br />
members, mostly spouses (ALRC 2011c, p. 467, fns 32-36). The ALRC (2011c) c<strong>on</strong>cluded<br />
that victims of family violence who are also trustees of self-managed superannuati<strong>on</strong> funds<br />
require additi<strong>on</strong>al protecti<strong>on</strong> and made a number of recommendati<strong>on</strong>s for changes to the<br />
guidelines provided to self-managed superannuati<strong>on</strong> fund trustees by the regulator—the<br />
ATO—including the provisi<strong>on</strong> of specific informati<strong>on</strong> and examples c<strong>on</strong>cerning family<br />
violence. The ALRC (2011d, p. 471) also pointed to the need for the ATO to avoid<br />
compliance acti<strong>on</strong>s that exacerbate or harm the disadvantage suffered by a fund trustee<br />
experiencing family violence but did not go as far as recommending that the ATO should be<br />
required to c<strong>on</strong>sider family violence when determining appropriate compliance acti<strong>on</strong>,<br />
apparently in resp<strong>on</strong>se to stakeholder submissi<strong>on</strong>s from the Australian Institute of<br />
Superannuati<strong>on</strong> Trustees. The other possible areas for reform were identified as c<strong>on</strong>cerning<br />
professi<strong>on</strong>al standards, training and licensing exempti<strong>on</strong>s for self-managed superannuati<strong>on</strong><br />
fund advisers and the ALRC directed these to the nati<strong>on</strong>al government bodies (ATO, ASIC<br />
and Treasury) that are involved in reform of regulatory arrangements for financial advice.<br />
A final issue with superannuati<strong>on</strong> c<strong>on</strong>cerns whether a woman leaving <strong>abuse</strong> can access part<br />
of her superannuati<strong>on</strong> funds early. Normally, funds are preserved until retirement age<br />
although there is provisi<strong>on</strong> for early release of some funds <strong>on</strong> the grounds of financial<br />
hardship or <strong>on</strong> compassi<strong>on</strong>ate grounds. The ALRC (2011c) has proposed a range of<br />
changes to administrative guidelines to enable better decisi<strong>on</strong>-making with proper<br />
c<strong>on</strong>siderati<strong>on</strong> of family violence, while also accepting arguments that the financial hardship<br />
faced by women <strong>on</strong> leaving <strong>abuse</strong> should be properly addressed through the income support<br />
system. At least <strong>on</strong>e submissi<strong>on</strong> to the ALRC <strong>on</strong> this issue pointed to the fact of women’s<br />
existing disadvantage in accumulati<strong>on</strong> of superannuati<strong>on</strong> and argued that early access<br />
compounds this disadvantage (Women’ Legal Service NSW 2011). A further issue identified<br />
by the ALRC was the potential for any loosening of early release provisi<strong>on</strong>s to make it easier<br />
for an abusive pers<strong>on</strong> to coerce a woman to seek release of her superannuati<strong>on</strong> savings.<br />
Proposals made by the ALRC include some minor loosening of qualifying periods <strong>on</strong> income<br />
support payments for eligibility and for the Australian Prudential Regulati<strong>on</strong> Authority to<br />
42
provide guidance materials for superannuati<strong>on</strong> fund trustees—who make the decisi<strong>on</strong><br />
whether to release funds or not—which include reference to family violence and informati<strong>on</strong><br />
about family violence dynamics and impacts (ALRC 2011c, p. 630).<br />
Victims’ compensati<strong>on</strong><br />
The recent ALRC/NSWLRC report into a nati<strong>on</strong>al legal resp<strong>on</strong>se to family violence argued<br />
that “victims’ compensati<strong>on</strong> is inextricably c<strong>on</strong>nected with an assessment of how legal<br />
frameworks can be improved to assist victims of family violence to navigate various<br />
jurisdicti<strong>on</strong>s” (2010, p. 156). Victims’ compensati<strong>on</strong> schemes, which are available in all<br />
states and territories, appear to be under-utilised by women as a source of financial support<br />
following domestic and family violence. It has been suggested by researchers and legal<br />
bodies that this may be due in part to a lack of knowledge of the schemes while there are<br />
also particular barriers related to the nature of victims’ compensati<strong>on</strong> legislati<strong>on</strong> including<br />
that there is inadequate recogniti<strong>on</strong> of the nature and dynamics of family violence<br />
(ALRC/NSWLRC 2010; Barrett Meyering 2010). Limitati<strong>on</strong>s relate to the linking of<br />
compensati<strong>on</strong> to specific criminal acts of violence and to criminal injuries, meaning that acts<br />
of family violence may not be recognised as criminal. Further each discrete ‘incident’ and<br />
‘injury’ must be proved which does not recognise the patterns of <strong>abuse</strong> that typically<br />
c<strong>on</strong>stitute family violence; generally, definiti<strong>on</strong>s of ‘injury’ also emphasise physical injury<br />
(ALRC/NSWLRC 2010). These limitati<strong>on</strong>s have been addressed in some jurisdicti<strong>on</strong>s (New<br />
South Wales and Northern Territory) where victims’ compensati<strong>on</strong> legislati<strong>on</strong> defines<br />
domestic violence as a specific injury and in Victoria where awards can be granted in<br />
respect of “significant adverse impacts”. The ALRC/NSWLRC report recommended that<br />
victims’ compensati<strong>on</strong> legislati<strong>on</strong> should: (a) provide that evidence of a pattern of<br />
family violence may be c<strong>on</strong>sidered in assessing whether an act of violence or injury<br />
occurred; (b) define family violence as a specific act of violence or injury … or (c)<br />
extend the definiti<strong>on</strong> of injury to include other significant adverse impacts<br />
(ALRC/NSWLRC 2010, p. 1393).<br />
Migrati<strong>on</strong> Law<br />
The ALRC (2011c) has recently made some recommendati<strong>on</strong>s for law reform which go<br />
some way to addressing c<strong>on</strong>cerns about the particular vulnerability to coerci<strong>on</strong> and c<strong>on</strong>trol of<br />
women experiencing family violence whose migrati<strong>on</strong> status is uncertain.<br />
As the law stands there is a family violence excepti<strong>on</strong> whereby permanent residence can be<br />
granted—despite relati<strong>on</strong>ship breakdown—to people <strong>on</strong> spousal or partner visas who are in<br />
Australia <strong>on</strong> the basis of their spouse or defacto relati<strong>on</strong>ship with an Australian citizen or<br />
permanent resident and who experience family violence. The ALRC (2011c) recommended<br />
changes to the Comm<strong>on</strong>wealth Migrati<strong>on</strong> Regulati<strong>on</strong>s 1994 to make the assessment of<br />
family violence under migrati<strong>on</strong> law simpler by allowing family violence victims to draw <strong>on</strong> a<br />
wider range of evidence and the Minister for Immigrati<strong>on</strong> and Citizenship has very recently<br />
announced these changes will be made (Bowen 2012, media release 17 June, viewed 25<br />
July at ).<br />
The Australian Government has not yet resp<strong>on</strong>ded to other ALRC recommendati<strong>on</strong>s<br />
although the Minister’s announcement did include that the proposed change is a “preliminary<br />
resp<strong>on</strong>se” to the issues raised by the ALRC. Other ALRC recommendati<strong>on</strong>s for changes to<br />
migrati<strong>on</strong> law were for: the family violence excepti<strong>on</strong> to be extended to people who have<br />
entered Australia for the purpose of marrying an Australian sp<strong>on</strong>sor and are <strong>on</strong> a<br />
Prospective Marriage visa but who experience family violence and do not marry the sp<strong>on</strong>sor;<br />
43
and for the creati<strong>on</strong> of a new temporary visa for partners of temporary visa holders or<br />
‘sec<strong>on</strong>dary’ visa holders who experience violence to enable them to access services and<br />
make arrangements to return to their country of origin or to apply for another visa (ALRC<br />
2011c, p. 46).<br />
The ALRC (2011c) report also recommended that the Minister issue a directi<strong>on</strong> to strengthen<br />
Australia’s resp<strong>on</strong>se to people seeking protecti<strong>on</strong> in Australia as refugees <strong>on</strong> the basis of<br />
their experience of family violence. Other recommendati<strong>on</strong> were: for a review of Migrati<strong>on</strong><br />
Review Tribunal applicati<strong>on</strong> fees—including <strong>on</strong> their impact <strong>on</strong> victims of family violence; for<br />
improved educati<strong>on</strong> and training <strong>on</strong> family violence issues for migrati<strong>on</strong> services providers;<br />
and for the provisi<strong>on</strong> of family violence informati<strong>on</strong> to visa applicants (ALRC 2011c).<br />
Anti-discriminati<strong>on</strong> law<br />
While there is currently no protecti<strong>on</strong> for victims of family and domestic violence under<br />
Australian anti-discriminati<strong>on</strong> laws community views <strong>on</strong> this have recently been sought in a<br />
public discussi<strong>on</strong> paper <strong>on</strong> the c<strong>on</strong>solidati<strong>on</strong> of the various Comm<strong>on</strong>wealth antidiscriminati<strong>on</strong><br />
laws (Attorney-General’s Department, 2011). The particular areas of c<strong>on</strong>cern<br />
identified in the discussi<strong>on</strong> paper are in relati<strong>on</strong> to discriminati<strong>on</strong> in housing and<br />
employment. Submissi<strong>on</strong>s to the process closed in February 2012 and draft legislati<strong>on</strong> is<br />
expected to be released for comment some time in 2012. 11<br />
C<strong>on</strong>sumer protecti<strong>on</strong> regulati<strong>on</strong><br />
Following ec<strong>on</strong>omic <strong>abuse</strong> women may have to manage banking, loans, c<strong>on</strong>sumer credit,<br />
bills and debts to stop the c<strong>on</strong>tinuati<strong>on</strong> of <strong>abuse</strong>, to disentangle their finances and to<br />
establish manageable <strong>on</strong>going financial arrangements. They may be dealing with these<br />
issues while also in circumstances of hardship and in some cases having had little<br />
experience of managing finances. Immediate issues may be to do with being left with debts,<br />
being <strong>on</strong> a low income, needing to separate finances, having poor access to credit, and<br />
having extra costs due to relocati<strong>on</strong> and re-establishment of a household.<br />
Women may have to deal with banks and credit providers to sort out joint accounts, apply for<br />
loans, re-negotiate repayments and attempt to separate out liabilities. Women may have<br />
liability for bills and debts that have been run up by ex-partners but are in their names. For<br />
those <strong>on</strong> low incomes comm<strong>on</strong> problems may be with bills and debts for essential services<br />
and products such as utilities and telecommunicati<strong>on</strong>s, while there are potentially a much<br />
broader range of bills and debts that women can face as a result of ec<strong>on</strong>omic <strong>abuse</strong>.<br />
Examples identified in the research literature include ‘acquired debts’, for example, fines due<br />
to ex-partners’ traffic or other infringements relating to their use of cars registered in<br />
women’s names (for example, speeding and parking fines and road tolls), and bills for<br />
household and other items bought through hire purchase or deferred payment arrangements<br />
(Braaf & Barrett Meyering 2011; Branigan 2004; Evans 2007; Fraser, Hunter & Borrell 2011).<br />
In additi<strong>on</strong> there may be bills or debts relating to purchases or to <strong>on</strong>going commitments<br />
which are in both names or in the woman’s name <strong>on</strong>ly.<br />
There is a range of regulatory arrangements for c<strong>on</strong>sumer protecti<strong>on</strong> that are relevant to the<br />
managements of pers<strong>on</strong>al debt, credit, banking and bills. These include broad c<strong>on</strong>sumer<br />
11 The discussi<strong>on</strong> paper and informati<strong>on</strong> <strong>on</strong> the c<strong>on</strong>sultati<strong>on</strong> can be found at<br />
.<br />
44
laws and a variety of other ‘soft’ regulati<strong>on</strong> such as industry codes and individual company<br />
policies. Shortcomings in the effectiveness of these arrangements for protecting vulnerable<br />
c<strong>on</strong>sumers—especially people <strong>on</strong> low incomes—have been highlighted in various c<strong>on</strong>sumer<br />
and community sector submissi<strong>on</strong>s made during recent reform processes, as outlined below.<br />
In relati<strong>on</strong> to women experiencing domestic and family violence identified issues in the<br />
research literature include: lack of access to affordable credit; bank fees and charges; lack of<br />
readily accessible informati<strong>on</strong> about hardship policies; having to explain the experience of<br />
domestic violence to financial instituti<strong>on</strong>s and service providers; providers’ resistance to<br />
splitting bills; requirements to pay rec<strong>on</strong>necti<strong>on</strong> fees; and providers making adverse credit<br />
reports while the woman is repaying part of a debt but her ex-partner is not (Arashiro 2011;<br />
Braaf & Barrett Meyering 2011).<br />
A single nati<strong>on</strong>al c<strong>on</strong>sumer credit regulatory regime came into existence <strong>on</strong>ly recently with<br />
the introducti<strong>on</strong> of the Nati<strong>on</strong>al C<strong>on</strong>sumer Credit Protecti<strong>on</strong> Act 2009. The Act includes a<br />
Nati<strong>on</strong>al Credit Code that replaced previous state-based c<strong>on</strong>sumer credit codes (ASIC 2012,<br />
viewed 18 July 2012, ). Subsequently two legislative amendments have been introduced with the purposes<br />
of strengthening c<strong>on</strong>sumer protecti<strong>on</strong>s. The first, which took effect in July 2012, is the<br />
Nati<strong>on</strong>al C<strong>on</strong>sumer Credit Protecti<strong>on</strong> Amendment (Home Loans and Credit Cards) Act 2011<br />
which increases requirements <strong>on</strong> lenders to give prospective borrowers informati<strong>on</strong> and<br />
places some limits <strong>on</strong> fees and <strong>on</strong> lenders’ invitati<strong>on</strong>s to borrowers to increase their credit<br />
limits (Parliamentary Joint Committee <strong>on</strong> Corporati<strong>on</strong>s and Financial Services [PJCCFS]<br />
2011). The sec<strong>on</strong>d is the C<strong>on</strong>sumer Credit and Corporati<strong>on</strong>s Legislati<strong>on</strong> Amendment<br />
(Enhancements) Bill 2011 (the Credit Enhancements Bill) which at time of writing had yet to<br />
be passed by the Senate. The Bill c<strong>on</strong>tains: provisi<strong>on</strong>s to introduce caps <strong>on</strong> interest charged<br />
<strong>on</strong> short-term ‘payday’ loans, provisi<strong>on</strong>s to make it easier to vary loans in resp<strong>on</strong>se to<br />
hardship; new requirements <strong>on</strong> reverse mortgages; and increased regulati<strong>on</strong> of c<strong>on</strong>sumer<br />
leases (PJCCFS 2011).<br />
Payday loans or same day cash advances may be attractive or seen as the <strong>on</strong>ly opti<strong>on</strong> for<br />
people faced with immediate financial problems and who may be unable to access other<br />
credit opti<strong>on</strong>s; approval is granted quickly and sometimes without credit checks. However,<br />
loans generally have high fees and much higher interest than ‘mainstream’ bank and credit<br />
uni<strong>on</strong> loans making them difficult to repay. In general these sorts of loans have been seen<br />
as very harmful with few if any benefits for people <strong>on</strong> low incomes (Banks 2011). While<br />
c<strong>on</strong>sumer and community services groups welcomed proposals to address c<strong>on</strong>cerns with<br />
credit practices, particularly in regard to ‘fringe’ lenders and payday loans (C<strong>on</strong>sumer Acti<strong>on</strong><br />
Law Centre 2011), they have viewed the final reform proposals as inadequate, with <strong>on</strong>e<br />
c<strong>on</strong>sumer advocate describing them as allowing annual interest rates <strong>on</strong> credit of up to 240<br />
per cent and as ‘fall(ing) far short of effective protecti<strong>on</strong>’ (Lowe 2012, viewed 25 July 2012,<br />
at ).<br />
Other regulati<strong>on</strong>s providing protecti<strong>on</strong>s for c<strong>on</strong>sumers in their dealings with financial<br />
instituti<strong>on</strong>s include industry codes of practice such as the Code of Banking Practice, the<br />
Credit Uni<strong>on</strong> Code of Practice and the Building Society Code of Practice (ASIC 2012). These<br />
are voluntary codes, developed by industry and which individual organisati<strong>on</strong>s sign up to<br />
(ASIC 2012). While ASIC has oversight industry bodies m<strong>on</strong>itor their members’ compliance<br />
with codes. 12 The codes set out broad obligati<strong>on</strong>s while individual organisati<strong>on</strong>s have their<br />
own policies, including in resp<strong>on</strong>se to customer hardship. Some of these company policies<br />
specifically identify relati<strong>on</strong>ship or family breakdown as possible reas<strong>on</strong>s for a customer<br />
12 See for example the Australian Bankers’ Associati<strong>on</strong> (ABA) Code of Banking Practice (ABA 2004)<br />
and the industry’s Code Compliance M<strong>on</strong>itoring Committee, accessed 21 July 2012 at<br />
).<br />
45
equiring assistance or c<strong>on</strong>siderati<strong>on</strong> due to hardship, 13 although it is not readily apparent<br />
from banks’ public customer informati<strong>on</strong> that there is any awareness of the circumstances of<br />
some<strong>on</strong>e who has been subject to ec<strong>on</strong>omic <strong>abuse</strong>.<br />
C<strong>on</strong>sumer protecti<strong>on</strong> regulati<strong>on</strong>s—including arrangements for people experiencing<br />
hardship—exist for many commercial and other products and services and may be important<br />
for both protecting women from ec<strong>on</strong>omic <strong>abuse</strong> and for people escaping from violence and<br />
re-building their lives. However, as illustrated in the quote below from recent research, even<br />
where such arrangements are in place, there is often no guarantee that assistance can be<br />
easily accessed:<br />
What I’ve noticed recently is bills are coming in now and I’m ‘Gee, I’ve never<br />
had to deal with bills <strong>on</strong> my own before’ and <strong>on</strong> the bills it doesn’t say<br />
anywhere, there’s no informati<strong>on</strong> about if you’re <strong>on</strong> the Health Care Card you<br />
<strong>on</strong>ly have to pay this amount — so I d<strong>on</strong>’t know. Is there a $20 saving or is it<br />
$100? I d<strong>on</strong>’t know. So recently I’ve had to transfer my car into my name with<br />
registrati<strong>on</strong> and I thought, oh no, here comes a $600 bill next m<strong>on</strong>th for<br />
registrati<strong>on</strong>. I ph<strong>on</strong>ed them and said, ‘I’m <strong>on</strong> a healthcare card, what’s the<br />
thing with that?’. ‘Oh yes, well you can pay it in two halves and also there’s a<br />
$90 difference’. And I thought, ‘Well, why d<strong>on</strong>’t you say that <strong>on</strong> the bill?<br />
There’s no informati<strong>on</strong>! Mary (quoted in Arashiro 2011, p. 29)<br />
As with the regulati<strong>on</strong> of c<strong>on</strong>sumer credit, c<strong>on</strong>sumer protecti<strong>on</strong> in other areas comprises a<br />
complex mix with c<strong>on</strong>siderable reliance <strong>on</strong> soft regulati<strong>on</strong> in the form of industry selfregulati<strong>on</strong><br />
via voluntary codes. For example, in relati<strong>on</strong> to telecommunicati<strong>on</strong>s (including<br />
mobile ph<strong>on</strong>es, residential ph<strong>on</strong>es and internet), some c<strong>on</strong>sumer protecti<strong>on</strong>s are set out in<br />
general c<strong>on</strong>sumer law through the Competiti<strong>on</strong> and C<strong>on</strong>sumer Act 2010 and<br />
Telecommunicati<strong>on</strong>s (C<strong>on</strong>sumer Protecti<strong>on</strong> and Service Standards) Act 1999, with the latter<br />
including access to an external dispute resoluti<strong>on</strong> service through the Telecommunicati<strong>on</strong>s<br />
Industry Ombudsman. However, most c<strong>on</strong>sumer protecti<strong>on</strong> in regard to telecommunicati<strong>on</strong>s<br />
is through industry codes, industry standards and service provider rules. While these are<br />
overseen by the Australian Communicati<strong>on</strong>s and Media Authority (Australian<br />
Communicati<strong>on</strong>s and Media Authority [ACMA] 2011, pp. 19-20), c<strong>on</strong>sumer groups have<br />
been critical of ACMA’s weak powers of enforcement of the main regulatory mechanism,<br />
which is the Telecommunicati<strong>on</strong>s C<strong>on</strong>sumer Protecti<strong>on</strong> Code which has been developed by<br />
the industry body, Communicati<strong>on</strong>s Alliance. C<strong>on</strong>sumer advocates have argued that some<br />
c<strong>on</strong>sumer protecti<strong>on</strong>s—including hardship protecti<strong>on</strong>—should be c<strong>on</strong>tained in a mandatory<br />
industry standard rather than in the industry-developed code (Australian Communicati<strong>on</strong>s<br />
C<strong>on</strong>sumer Acti<strong>on</strong> Network [ACCAN] 2011). However, this change has not occurred in recent<br />
reforms which followed a public inquiry (ACMA 2011); rather there has been some<br />
strengthening of protecti<strong>on</strong>s c<strong>on</strong>tained in a revised Telecommunicati<strong>on</strong>s C<strong>on</strong>sumer<br />
Protecti<strong>on</strong> Code (Communicati<strong>on</strong>s Alliance 2012), which comes into force in September<br />
2012.<br />
The Telecommunicati<strong>on</strong>s C<strong>on</strong>sumer Protecti<strong>on</strong> Code sets out some new protective<br />
requirements relating to c<strong>on</strong>tracts and to credit and debt management, including financial<br />
hardship policies. There has been limited resp<strong>on</strong>se by welfare and c<strong>on</strong>sumer groups<br />
c<strong>on</strong>cerning the likely effectiveness of the increased protecti<strong>on</strong>s for vulnerable and low<br />
income customers. It remains the case that telecommunicati<strong>on</strong>s providers each have their<br />
own financial hardship policy which will no doubt be updated to reflect recent changes to the<br />
code. Existing codes vary in that some specifically identify ‘family breakdown’ as a reas<strong>on</strong><br />
13<br />
See for example ANZ bank at http://www.anz.com/about-us/corporateresp<strong>on</strong>sibility/customers/financial-hardship/).<br />
46
for hardship, although as with the bank policies discussed above, there is no explicit<br />
acknowledgement of domestic or family violence as a possible cause of customer problems.<br />
C<strong>on</strong>sumer protecti<strong>on</strong> relating to utilities including water, gas and electricity are similarly<br />
made up of a mix of broad industry oversight, voluntary codes and individual company<br />
policies which may or may not recognise domestic or family violence and provide for<br />
appropriate resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong>. Within regulatory frameworks individual company<br />
practices in relati<strong>on</strong> to joint billing, payment methods, billing cycles, late payments,<br />
disc<strong>on</strong>necti<strong>on</strong>s and rec<strong>on</strong>necti<strong>on</strong>s as well as company customer services practices can vary<br />
c<strong>on</strong>siderably (Victorian Council of Social Service 2009). These can all impact <strong>on</strong> the ability of<br />
women to stop <strong>abuse</strong>, to manage bills and debts, to access services and to retain access to<br />
finance.<br />
Provisi<strong>on</strong> of financial advice<br />
An additi<strong>on</strong>al area of regulati<strong>on</strong> which provides some c<strong>on</strong>sumer protecti<strong>on</strong> c<strong>on</strong>cerns the<br />
provisi<strong>on</strong> of financial advice. The extent to which financial advisors might be relied <strong>on</strong> as a<br />
source of advice from women experiencing ec<strong>on</strong>omic <strong>abuse</strong> is not known. This is an area<br />
which might benefit from further research. There has been c<strong>on</strong>siderable reform in regulati<strong>on</strong><br />
of financial advice over recent years which has included new requirements <strong>on</strong> financial<br />
advisers to act in the best interests of their clients and also some measures to expand the<br />
availability of low cost advice (Treasury 2012, viewed 13 July 2012,<br />
http://futureofadvice.treasury.gov.au/ c<strong>on</strong>tent/C<strong>on</strong>tent.aspx?doc=reforms.htm>).<br />
C<strong>on</strong>clusi<strong>on</strong>: legal and regulatory frameworks and ec<strong>on</strong>omic <strong>abuse</strong><br />
The inclusi<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong> in most state and territory family violence laws and, in<br />
particular, in the Comm<strong>on</strong>wealth <strong>Family</strong> Law Act 1975 paves the way for a comm<strong>on</strong><br />
framework for domestic and family violence in a wide range of legal and regulatory<br />
instruments which impact <strong>on</strong> protecti<strong>on</strong>s for women and resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong> (for<br />
example social security, child support, migrati<strong>on</strong>). In additi<strong>on</strong> these changes to laws may be<br />
important for generating greater awareness of ec<strong>on</strong>omic <strong>abuse</strong> as a form of family and<br />
domestic violence. This also applies to the take-up of the ALRC’s (2011c) recommendati<strong>on</strong>s<br />
for changes to relevant laws and guidelines of Fair Work Australia, Safe Work Australia,<br />
DEEWR and Job Services Australia the Australian Prudential Regulati<strong>on</strong> Authority,<br />
Department of Human Services, Australian Taxati<strong>on</strong> Office and superannuati<strong>on</strong> fund<br />
materials. The Australian Government has announced <strong>on</strong>e positive change which<br />
acknowledges and resp<strong>on</strong>ds to the situati<strong>on</strong> of some women who do not have residency or<br />
Citizenship. However, there remain a number of gaps in protecti<strong>on</strong> in the case of temporary<br />
visa holders who experience <strong>abuse</strong> as well as possible changes which could be made,<br />
including in relati<strong>on</strong> to Migrati<strong>on</strong> Review Tribunal fees.<br />
Victims’ compensati<strong>on</strong> and property settlements may be crucial to fair outcomes for women<br />
who have experienced ec<strong>on</strong>omic <strong>abuse</strong> and the discussi<strong>on</strong> in this secti<strong>on</strong> has <strong>on</strong>ly touched<br />
<strong>on</strong> some of the key issues. Again there is a dearth of informati<strong>on</strong> in regard to outcomes for<br />
women and about how processes operate to support effective resp<strong>on</strong>ses to <strong>abuse</strong>. The<br />
ALRC (2011c) has recommended changes to victims’ compensati<strong>on</strong> legislati<strong>on</strong> and also<br />
investigati<strong>on</strong> to c<strong>on</strong>sider the ways in which federal family courts c<strong>on</strong>sider family violence in<br />
property proceedings and the latter would be a positive step towards clearly identifying how<br />
to develop appropriate interventi<strong>on</strong>s. Property settlements may also be a key mechanism for<br />
addressing ec<strong>on</strong>omic <strong>abuse</strong> involving a woman’s superannuati<strong>on</strong>. The extent of <strong>abuse</strong> in<br />
relati<strong>on</strong> to self-managed superannuati<strong>on</strong> funds is an issue that could be m<strong>on</strong>itored to<br />
47
establish if there is a need for resp<strong>on</strong>ses in additi<strong>on</strong> to the changes to ATO guidelines for<br />
self-managed superannuati<strong>on</strong> fund trustees recommended by the ALRC (2011c).<br />
The ALRC (2011c) has recommended some provisi<strong>on</strong>s to make it easier for a woman to<br />
access some of her superannuati<strong>on</strong> funds prior to retirement. While this access may be<br />
extremely helpful to women who need funds at a time of crisis there is a very str<strong>on</strong>g<br />
argument for the development of alternative opti<strong>on</strong>s through the income support system or<br />
some other arrangement. The depleting of women’s superannuati<strong>on</strong> savings may create<br />
disadvantage in the l<strong>on</strong>g term and it can be seen as a c<strong>on</strong>tinuati<strong>on</strong> of ec<strong>on</strong>omic <strong>abuse</strong>.<br />
C<strong>on</strong>sumer protecti<strong>on</strong> is a crucial area of regulati<strong>on</strong> for women experiencing ec<strong>on</strong>omic <strong>abuse</strong><br />
because it affects the forms ec<strong>on</strong>omic <strong>abuse</strong> take, women’s ability to stop <strong>abuse</strong>, their ability<br />
to manage financially <strong>on</strong> leaving a relati<strong>on</strong>ship and their opti<strong>on</strong>s for re-establishing financial<br />
security and wellbeing. Recent regulatory reform in relati<strong>on</strong> to c<strong>on</strong>sumer credit has not<br />
resulted in effective tightening of regulati<strong>on</strong> making it imperative that women have access to<br />
appropriate financial products so they are not forced to rely <strong>on</strong> high interest products<br />
provided by fringe lenders. C<strong>on</strong>sumer protecti<strong>on</strong> in relati<strong>on</strong> to other products and essential<br />
services relies heavily <strong>on</strong> voluntary codes and company policies and this means there may<br />
be a need for educati<strong>on</strong> and informati<strong>on</strong> for individual providers to raise awareness and<br />
understanding of ec<strong>on</strong>omic <strong>abuse</strong> and to identify appropriate resp<strong>on</strong>ses.<br />
Recent regulatory reform of the financial advice industry has included measures to increase<br />
the availability of low cost advice. The use of financial advisers by women experiencing<br />
<strong>abuse</strong> and any understanding within the professi<strong>on</strong> of domestic and family violence are<br />
areas about which little is known.<br />
48
Employment Frameworks, Policies and Practices<br />
In c<strong>on</strong>temporary public policy, participati<strong>on</strong> in employment is generally regarded as the<br />
primary means for women to gain ec<strong>on</strong>omic wellbeing while it has also been identified as a<br />
key pathway from domestic violence to ec<strong>on</strong>omic independence and self-sufficiency (Barrett<br />
Meyering 2010). Significant gender inequities exist for women when it comes to gaining<br />
ec<strong>on</strong>omic security through employment participati<strong>on</strong>. These include gender pay inequities<br />
and women’s over-representati<strong>on</strong> in low-paid and insecure employment, both of which are<br />
linked to broader social inequities. Gender segregati<strong>on</strong> in employment also services to<br />
reinforce traditi<strong>on</strong>al gender stereotypes. Reduced lifetime employment including because of<br />
pregnancy, childbirth and caring for children or other family members can also have negative<br />
impacts <strong>on</strong> overall financial security through employment and result in less accumulated<br />
superannuati<strong>on</strong> and fewer other savings for retirement (Cassells et al. 2009).<br />
Recent policy developments have seen some positive developments to address some of<br />
these broader gender inequities, including the introducti<strong>on</strong> of paid maternity leave and the<br />
success of a nati<strong>on</strong>al gender pay equity case for social and community services workers<br />
(Baird, Williams<strong>on</strong> & Her<strong>on</strong> 2012; McCrystal & Smith 2011). However, significant gender pay<br />
inequities c<strong>on</strong>tinue to exist—supported by women’s c<strong>on</strong>centrati<strong>on</strong> in particular occupati<strong>on</strong>s<br />
and industries—while problems associated with increased insecurity in employment c<strong>on</strong>tinue<br />
to disproporti<strong>on</strong>ately affect women, including because much part-time employment is casual<br />
employment. Casual employment, which is without paid leave entitlements, makes up a<br />
quarter of all women’s employment (ABS 2011).<br />
In Australia and elsewhere there has been some attenti<strong>on</strong> to workplaces as sites for<br />
addressing domestic and family violence through primary, sec<strong>on</strong>dary and tertiary<br />
interventi<strong>on</strong>s and all of these are also direct means of preventing or resp<strong>on</strong>ding to ec<strong>on</strong>omic<br />
<strong>abuse</strong>. In relati<strong>on</strong> to primary interventi<strong>on</strong>s, as outlined above, c<strong>on</strong>temporary domestic and<br />
family violence policies specifically identify employment participati<strong>on</strong> and equality in<br />
employment as preventative measures supporting women’s ec<strong>on</strong>omic independence. Other<br />
areas of public policy which impact <strong>on</strong> women’s workforce participati<strong>on</strong> are childcare,<br />
educati<strong>on</strong> and training, employment assistance and income support, and these are also<br />
important tertiary interventi<strong>on</strong>s for women who have experienced domestic and family<br />
violence.<br />
Sec<strong>on</strong>dary interventi<strong>on</strong>s prevent discriminati<strong>on</strong> against women who have been subjected to<br />
violence, use the workplace as a site for women to gain access to support and informati<strong>on</strong><br />
and make workplaces safe and supportive for women who have been subjected to domestic<br />
and family violence. Relevant regulati<strong>on</strong> in additi<strong>on</strong> to employment regulati<strong>on</strong> includes antidiscriminati<strong>on</strong><br />
and workplace health and safety, and strategies include educati<strong>on</strong> and<br />
training for employers and employees about domestic and family violence.<br />
Tertiary interventi<strong>on</strong>s resp<strong>on</strong>d to violence through provisi<strong>on</strong> of assistance and employee<br />
entitlements such as paid leave for women who have been subjected to domestic and family<br />
violence. In additi<strong>on</strong> to workplace relati<strong>on</strong>s legislati<strong>on</strong> and industrial instruments (for<br />
example, collective enterprise agreements and awards) anti-discriminati<strong>on</strong> legislati<strong>on</strong> is<br />
relevant here. The other significant area of tertiary interventi<strong>on</strong> is the facilitati<strong>on</strong> of<br />
participati<strong>on</strong> in employment by women who have been subjected to domestic and family<br />
violence including through individual job search, training and other employment assistance.<br />
There is little published research relating to effective resp<strong>on</strong>ses in this area and it could be<br />
the focus of further investigati<strong>on</strong>. Past Comm<strong>on</strong>wealth employment programs specifically<br />
targeted to assist sole parents including the Jobs Educati<strong>on</strong> and Training program are<br />
49
c<strong>on</strong>sidered by community sector groups to have been positive initiatives for women who are<br />
parents and carers (ACOSS 2012).<br />
The discussi<strong>on</strong> that follows c<strong>on</strong>siders some key areas of policy, practice and regulati<strong>on</strong><br />
relating to these issues. First it examines areas for regulatory interventi<strong>on</strong> which are<br />
primarily directed to preventing violence through protective workplace measures. It then<br />
goes <strong>on</strong> to examine policies and practices relating to employment assistance and support,<br />
including for women who have experienced violence. The final secti<strong>on</strong> is a brief<br />
c<strong>on</strong>siderati<strong>on</strong> of some preventative educati<strong>on</strong> and awareness raising strategies which have<br />
been targeted to workplaces and this discussi<strong>on</strong> points to some issues and gaps around the<br />
engagement of key stakeholders.<br />
Resp<strong>on</strong>ding to violence and regulating for security and safety at work<br />
Protective and tertiary interventi<strong>on</strong>s for women who have experienced family or domestic<br />
violence include the provisi<strong>on</strong> of paid leave clauses in enterprise agreements which set out<br />
employment c<strong>on</strong>diti<strong>on</strong>s. Over the last couple of years family violence clauses providing leave<br />
provisi<strong>on</strong>s have been included in a number of enterprise agreements, including for public<br />
sectors workers in various states (Domestic Violence Workplace Rights & Entitlements<br />
Project 2011). These arrangements may well be picked up in other industries. A more<br />
comprehensive employment resp<strong>on</strong>se to family violence would be for the inclusi<strong>on</strong> of family<br />
violence in modern awards, which set out the minimum c<strong>on</strong>diti<strong>on</strong>s for most employees in<br />
Australia. However, these awards are currently being reviewed and they may not be due for<br />
further systematic review for another four years. The other regulatory frameworks governing<br />
employment are the Fair Work Act and the Nati<strong>on</strong>al Employment Standards. <strong>Family</strong> violence<br />
leave provisi<strong>on</strong>s could be included in the latter while the Fair Work Act could provide for<br />
flexible work arrangements to meet the needs of some<strong>on</strong>e experiencing domestic or family<br />
violence. These types of arrangements have been suggested by the ALRC (2011c) in its<br />
recent review.<br />
Workplace health and safety legislati<strong>on</strong> in each state and territory set out employers’<br />
obligati<strong>on</strong>s to provide safe and healthy workplaces. Recent initiatives promoting workplace<br />
resp<strong>on</strong>ses to violence against women have included guides for the development of<br />
workplace safety plans for individual workers at risk of domestic and family violence. These<br />
projects also provide training materials, policy templates, model clauses, and guides for<br />
managers and supervisors and co-workers for resp<strong>on</strong>ding to domestic and family violence<br />
VicHealth 2012; ADFVC Safe at Home, Safe at Work, ).<br />
Who’s leading change in workplaces?<br />
There have been a range of resp<strong>on</strong>ses to domestic and family violence led by employers<br />
and corporate sp<strong>on</strong>sors in Australia. One initiative specifically targeting workplace as sites<br />
for sec<strong>on</strong>dary and tertiary interventi<strong>on</strong>s is Australia’s CEO Challenge, a not-for-profit body<br />
which works with the corporate sector and domestic and family violence services in<br />
Queensland “to create and sustain a world free from family violence—where homes and<br />
workplaces are places of safety and care”. This organisati<strong>on</strong> facilitates partnerships between<br />
corporate bodies and domestic and family violence services to sp<strong>on</strong>sor services and<br />
programs and it also provides workplace educati<strong>on</strong> and training “to educate employers and<br />
their staff to recognise and deal with violence … and (to) educat(e) employers <strong>on</strong> how to<br />
best resp<strong>on</strong>d to an employee who may need help”. (,<br />
viewed 24 June 2012).<br />
50
Other initiatives that rely <strong>on</strong> engaging employers have been led by federal and state<br />
governments with the c<strong>on</strong>sequences that they involve large organisati<strong>on</strong>s and the public<br />
sector and that small businesses are ‘largely absent’ (Chung, Zufferey & Powell 2012, p. 39;<br />
see also Murray & Powell 2008). Other initiatives with government funding include the White<br />
Ribb<strong>on</strong>’ campaign which targets men’s awareness and understanding of ec<strong>on</strong>omic <strong>abuse</strong><br />
including through working with large corporati<strong>on</strong>s. Other bodies have also targeted<br />
workplaces as sites for acti<strong>on</strong> including for example Women’s Health Victoria which has<br />
developed a guide for community organisati<strong>on</strong>s to provide professi<strong>on</strong>al development<br />
programs to prevent violence against women to businesses (Women’s Health Victoria 2012).<br />
These types of initiatives may have some success targeting smaller employers and<br />
employer bodies although it is not known if they have d<strong>on</strong>e so.<br />
C<strong>on</strong>clusi<strong>on</strong>: participati<strong>on</strong>, supportive workplaces and safety at work<br />
While employment participati<strong>on</strong> is increasingly essential for lifetime ec<strong>on</strong>omic wellbeing<br />
there remain significant gender inequities in opportunities for equitable participati<strong>on</strong> and<br />
reward from work. These c<strong>on</strong>cerns have been at the centre of some recent policy<br />
developments in Australia and are key issues for all women as well as preventative<br />
measures at the societal level in relati<strong>on</strong> to ec<strong>on</strong>omic <strong>abuse</strong>. There are a range of sec<strong>on</strong>dary<br />
and tertiary resp<strong>on</strong>ses which can be implemented at the workplace level to ensure women<br />
are safe at work and also to support those who experience violence. With federal funding of<br />
the ADFVC Safe at Home, Safe at Work project and commitment from the trade uni<strong>on</strong>s<br />
representing large public and community sector workforces (often female-dominated) there<br />
appears to be c<strong>on</strong>siderable momentum to implement these types of interventi<strong>on</strong>s. However,<br />
for the achievement of change which includes protecti<strong>on</strong> for women employed in smaller<br />
enterprises there would need to be broader regulatory change through changes to the<br />
Nati<strong>on</strong>al Employment Standards, the Fair Work Act and/or to anti-discriminati<strong>on</strong> laws. There<br />
may also be opportunities for educati<strong>on</strong> and awareness raising targeted to small businesses.<br />
Strategies to assist women gain employment are likely to be critical for those women who<br />
have been outside of the paid workforce for any period of time, including as a result of<br />
ec<strong>on</strong>omic <strong>abuse</strong>.<br />
51
Community Services Policies and Practices<br />
This secti<strong>on</strong> describes some of the key c<strong>on</strong>necti<strong>on</strong>s between the community services sector<br />
and ec<strong>on</strong>omic <strong>abuse</strong>. Key services and programs relating to ec<strong>on</strong>omic <strong>abuse</strong> are mainly<br />
tertiary interventi<strong>on</strong>s, including some services that are specifically designed to assist<br />
individual women experiencing domestic and family violence as well as more general<br />
services such as financial counselling, legal assistance, accommodati<strong>on</strong> assistance, material<br />
aid and financial educati<strong>on</strong> programs. Service providers in these areas are also active in<br />
developing and providing sec<strong>on</strong>dary interventi<strong>on</strong>s, for example educati<strong>on</strong> and training for<br />
workers and systemic advocacy.<br />
This secti<strong>on</strong> is primarily organised around different sectors of community services providers<br />
and c<strong>on</strong>siders the ways in which they relate to ec<strong>on</strong>omic <strong>abuse</strong>. First, however, it draws<br />
attenti<strong>on</strong> to some recent research findings and to development work by community sector<br />
organisati<strong>on</strong>s c<strong>on</strong>cerning some possible gaps and/or priorities for service resp<strong>on</strong>ses that are<br />
not sector specific or that may require collaborative resp<strong>on</strong>ses.<br />
Recent findings relating to service and program gaps<br />
In Braaf and Barrett Meyering’s (2011) recent study, workers in a variety of community<br />
services (for example, domestic violence, health service, legal service) identified financial<br />
issues as being raised regularly in their discussi<strong>on</strong>s with clients affected by domestic<br />
violence and they observed that financial <strong>abuse</strong> was very comm<strong>on</strong> am<strong>on</strong>g such clients. This<br />
and other studies have also identified the following issues for services:<br />
<br />
<br />
<br />
A need for greater acknowledgement of the l<strong>on</strong>g-term impacts of violence and the<br />
need for post-crisis support aimed at preventing women returning to violent<br />
relati<strong>on</strong>ships and supporting women’s wellbeing in the l<strong>on</strong>ger-term (Desm<strong>on</strong>d 2011;<br />
Evans 2007).<br />
A need for workers supporting women <strong>on</strong> exit from domestic and family violence to<br />
provide individual ‘ec<strong>on</strong>omic advocacy’ around women’s debts, savings, assets and<br />
income as a key strategy to assist women increase their financial security following<br />
domestic violence (Barrett Meyering 2012).<br />
A need for ec<strong>on</strong>omic advocacy at a systemic level, for financial literacy educati<strong>on</strong> as<br />
preventative measures and for specialised financial literacy programs from women<br />
affected by violence (Braaf & Barrett Meyering 2011).<br />
A need for training around domestic violence and linkages with domestic violence<br />
and other services including to raise awareness of the ec<strong>on</strong>omic impacts of domestic<br />
violence <strong>on</strong> women and to recognise that <strong>abuse</strong> may c<strong>on</strong>tinue after separati<strong>on</strong> (Braaf<br />
& Barrett Meyering 2011).<br />
Domestic and family violence services<br />
In the United States c<strong>on</strong>text, Christy-McMullin (2011) maintains that domestic violence<br />
services generally focus <strong>on</strong> mental health, parenting skills and domestic skills and that this<br />
reflects patriarchal society and traditi<strong>on</strong>al gender assignments. She argues that emoti<strong>on</strong>al<br />
<strong>abuse</strong>, ec<strong>on</strong>omic literacy, and wealth and asset building need to be brought to the fore of<br />
service, policy and research practice agendas. This critique does not readily apply to the<br />
52
Australian c<strong>on</strong>text where a str<strong>on</strong>g feminist philosophical underpinning and feminist activism<br />
has driven the establishment of domestic and family violence services (Bullen 2009). There<br />
are also c<strong>on</strong>temporary examples of initiatives directed to building ec<strong>on</strong>omic capacity<br />
involving the collaborati<strong>on</strong> of domestic and family violence services with other community<br />
services. Further, there is c<strong>on</strong>siderable evidence of assistance and individual advocacy<br />
around immediate financial issues provided by domestic violence service workers for their<br />
clients in relati<strong>on</strong> to housing, legal and financial issues. For example, all of the small group of<br />
domestic and family violence service providers in a recent ADFVC study (Braaf & Barrett<br />
Meyering 2011) reported they provided some form of in-house financial counselling,<br />
although <strong>on</strong>ly <strong>on</strong>e employed a professi<strong>on</strong>al financial counsellor. Notwithstanding this, the<br />
argument has been made by Evans (2007) that there is a need for a greater focus <strong>on</strong> l<strong>on</strong>gterm<br />
security through interventi<strong>on</strong>s that address the impacts of domestic and family violence<br />
bey<strong>on</strong>d those relating to immediate crisis and recovery.<br />
Barrett Meyering (2012, p. 1) has argued for ‘ec<strong>on</strong>omic advocacy’ for women and children<br />
experiencing domestic violence and suggested that the domestic violence sector’s capacity<br />
in this area can be further strengthened by “incorporating ec<strong>on</strong>omic advocacy into the ‘core<br />
business’ of services; pursuing greater collaborati<strong>on</strong> with the financial counselling sector;<br />
and by better resourcing by funding bodies for this work”.<br />
Housing and accommodati<strong>on</strong> sector<br />
There is a diverse range of community sector providers of crisis and refuge accommodati<strong>on</strong><br />
although there is also a severe shortage of crisis accommodati<strong>on</strong> (AIHW 2011). There are<br />
also a variety of accommodati<strong>on</strong> and other services that work to assist women with l<strong>on</strong>gerterm<br />
accommodati<strong>on</strong> including private rental housing. A scan of published research<br />
suggests there has been a lot of activity around the development of models of housing<br />
assistance for women escaping domestic and family violence in recent years, including a<br />
focus <strong>on</strong> l<strong>on</strong>ger-term housing opti<strong>on</strong>s, possibly following directi<strong>on</strong>s identified in the Nati<strong>on</strong>al<br />
Partnership Agreement. Two examples are outlined here to indicate the diversity of initiatives<br />
and of partnerships.<br />
Harris, Johns<strong>on</strong> and Bailey (2008) have documented some ‘best practice’ models including a<br />
<strong>Family</strong> Violence Private Rental Access Program run by the Salvati<strong>on</strong> Army and<br />
HomeGround Services in Victoria. The program assists women who have experienced<br />
family violence to access and/or retain private rental. The service model includes assistance<br />
to secure rental housing, brokerage funds to provide a time limited rental subsidy, housing<br />
related practical informati<strong>on</strong>, referral and establishment assistance and regular <strong>on</strong>-going<br />
c<strong>on</strong>tact and housing related assistance for the durati<strong>on</strong> of the brokerage period and liais<strong>on</strong><br />
and/or partnerships with landlords, family violence support services, and other community<br />
based resources and organisati<strong>on</strong>s including police and courts.<br />
Another program, the BSafe pilot program was a partnership between Victoria Police and the<br />
Women’s Health Goulburn North East which assisted women to stay in their homes by<br />
providing them with pers<strong>on</strong>al alarm systems (Taylor & Mackay 2011).<br />
Financial counselling sector<br />
Financial counselling services can assist women to sort out immediate financial problems<br />
resulting from ec<strong>on</strong>omic <strong>abuse</strong> and other domestic and family violence while they potentially<br />
also have an important role in addressing women’s disempowerment through supporting<br />
their attainment of financial stability in the l<strong>on</strong>ger term.<br />
53
Financial counselling services are located in a diverse range of community services<br />
organisati<strong>on</strong>s. Given this it is likely that c<strong>on</strong>siderable diversity exists in relati<strong>on</strong> to financial<br />
counsellors’ awareness and understanding of domestic and family violence issues. While the<br />
sector is moving toward formal professi<strong>on</strong>alisati<strong>on</strong> with the introducti<strong>on</strong> of certificati<strong>on</strong> for<br />
financial counsellors, historically this has not been the case and there is no doubt<br />
c<strong>on</strong>siderable diversity in areas of expertise reflecting organisati<strong>on</strong>al locati<strong>on</strong> and other<br />
factors. There is little published research literature c<strong>on</strong>cerning financial counselling services<br />
and practices in relati<strong>on</strong> to people experiencing domestic and family violence including<br />
ec<strong>on</strong>omic <strong>abuse</strong>. The recent qualitative study by Braaf and Barrett Meyering (2011) cited<br />
some dissatisfacti<strong>on</strong> <strong>on</strong> the part of specialist domestic and family violence service workers<br />
and women with approaches taken by financial counsellors but it is not apparent from this<br />
study that these are systemic issues or reflect a good understanding of service provisi<strong>on</strong> by<br />
financial counsellors. However Braaf and Barrett Meyering’s findings do suggest there may<br />
be a need for better linkages and exchange between domestic and family violence services<br />
and financial counselling sectors.<br />
Community service provisi<strong>on</strong> of finance programs<br />
In Australia a diverse range of community services organisati<strong>on</strong>s provide multiple services<br />
including material aid and financial assistance while they may also employ financial<br />
counsellors. Some providers of varied services to people <strong>on</strong> low incomes have expertise and<br />
experience in providing financial educati<strong>on</strong> and may also provide a range of financial<br />
products and services.<br />
A scan of web-based references to ec<strong>on</strong>omic and financial <strong>abuse</strong> identified a number of<br />
recent community sector initiatives in Australia which specifically resp<strong>on</strong>d to ec<strong>on</strong>omic <strong>abuse</strong><br />
issues. Most of these are small or time-limited pilot programs. An excepti<strong>on</strong> is the provisi<strong>on</strong><br />
of microfinance targeted specifically to women who have experienced domestic or family<br />
violence. However there are a broader range of general services and programs designed to<br />
build financial capacity for people <strong>on</strong> low incomes provided by community services<br />
organisati<strong>on</strong>s, including microfinance and financial literacy programs.<br />
Microfinance initiatives<br />
Microfinance initiatives, al<strong>on</strong>g with financial educati<strong>on</strong>, are program resp<strong>on</strong>ses which directly<br />
address issues of women’s financial stability and subjective financial wellbeing. Programs<br />
and services such as no interest and low interest loans can meet immediate needs to<br />
replace household items while giving women some c<strong>on</strong>trol over their finances and increasing<br />
ability to gain ec<strong>on</strong>omic independence (Correia 2000; Corrie 2011; Landvogt 2011). Other<br />
microfinance programs are matched savings accounts through which women can build<br />
assets. In Australia there are a small number of such programs operating within the<br />
community sector specifically targeted to women who have experienced domestic and family<br />
violence supported by banks including the Nati<strong>on</strong>al Australia Bank and ANZ Bank and the<br />
Australian Government. <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service, Kild<strong>on</strong>an UnitingCare and<br />
other agencies provide these services. 14<br />
14 The <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service microfinance program is now provided through <strong>Good</strong><br />
<strong>Shepherd</strong> Microfinance, see ). For Kild<strong>on</strong>an<br />
UnitingCare see .<br />
54
Financial educati<strong>on</strong> and asset building<br />
The range of community services organisati<strong>on</strong>s that have offered financial educati<strong>on</strong><br />
programs is much broader and includes organisati<strong>on</strong>s such as neighbourhood houses and<br />
learning centres, CALD community organisati<strong>on</strong>s and women’s health services. There are a<br />
variety of mainstream programs for people <strong>on</strong> low incomes, with the largest of these the<br />
‘M<strong>on</strong>eyMinded’ program supported by the ANZ Bank and provided by a large number of<br />
community organisati<strong>on</strong>s across Australia (Russell, Bailey & Wall 2010). Recent initiatives<br />
targeted to women include <strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Services’ acti<strong>on</strong> research project<br />
<strong>on</strong> women and financial capability (Landvogt 2008) which produced a DVD and guide for a<br />
community educati<strong>on</strong> model for financial educati<strong>on</strong> (<strong>Good</strong> <strong>Shepherd</strong> <strong>Youth</strong> & <strong>Family</strong> Service<br />
2008).<br />
There have been a number of programs specifically targeting women who have experienced<br />
domestic and family violence. In 2012 in Victoria the Women’s Informati<strong>on</strong> and Referral<br />
Exchange (WIRE) is running workshops for women and training for domestic and family<br />
violence workers and the ‘Tools for Change: Women and financial capability project’<br />
developed by Women’s Health Goulburn North East (WHGNE) is providing training for<br />
mentors to support women who have experienced violence (WHGNE 2012, viewed 19<br />
August, http://www.whealth.com.au/work_tools_for_change.html; WIRE 2012, viewed 13<br />
June 2012, http://www.wire.org.au/). Similar initiatives are apparent in other states; for<br />
example, in South Australia financial literacy training for women who have experienced<br />
violence is currently being provided through Uniting Communities Adelaide East and in New<br />
South Wales the Domestic Violence Support, Western Sydney Service began providing<br />
these types of programs in 2011 (for the Uniting Communities Adelaide East program see<br />
, for Domestic Violence<br />
Support, Western Sydney Service, see , viewed 19 August 2012).<br />
While the immediate requirements of women leaving ec<strong>on</strong>omic <strong>abuse</strong> may be quite different<br />
from other women—as they include the separati<strong>on</strong> of finances from ex-partners and the<br />
establishment of independent finances—there is a need for research to identify whether<br />
there are benefits in specifically targeted programs for women leaving domestic violence.<br />
While there is clearly a need for informati<strong>on</strong> there are examples of booklets that have been<br />
developed which include lists of documents women should take and the range of possible<br />
matters they need to deal with. For example, WIRE has an informati<strong>on</strong> sheet <strong>on</strong> legal,<br />
financial and housing issues and another <strong>on</strong> property issues for women leaving relati<strong>on</strong>ships<br />
(see WIRE at , viewed 19 June 2012).<br />
Community legal services<br />
There are a number of specialised, mainly government-funded, legal centres based in major<br />
cities that focus <strong>on</strong> c<strong>on</strong>sumer issues and also provide financial counselling. They may also<br />
offer teleph<strong>on</strong>e advice services. For example, in New South Wales there is the C<strong>on</strong>sumer<br />
Credit Legal Centre NSW (see ) and, in Victoria, the C<strong>on</strong>sumer<br />
Acti<strong>on</strong> Law Centre (). The C<strong>on</strong>sumer Acti<strong>on</strong> Law Centre<br />
runs the M<strong>on</strong>eyHelp service which offers an internet-based financial informati<strong>on</strong> service and<br />
a teleph<strong>on</strong>e advice line targeted to people experiencing financial difficulty.<br />
Generalist community legal centres deal with both family violence and c<strong>on</strong>sumer debt and<br />
other financial issues so it is possible that there is a str<strong>on</strong>g awareness of ec<strong>on</strong>omic <strong>abuse</strong> in<br />
this sector as these services may be a first port of call for women leaving domestic violence.<br />
Notably, an early Australian research report <strong>on</strong> ec<strong>on</strong>omic <strong>abuse</strong> (Branigan 2004) was<br />
undertaken by a community legal and financial counselling service.<br />
55
C<strong>on</strong>clusi<strong>on</strong>: Community services resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong><br />
Key services and programs relating to ec<strong>on</strong>omic <strong>abuse</strong> include domestic and family violence<br />
and general services such as financial counselling, legal assistance, accommodati<strong>on</strong><br />
assistance, material aid and financial educati<strong>on</strong> programs. Identified gaps in community<br />
sector resp<strong>on</strong>ses to ec<strong>on</strong>omic <strong>abuse</strong> and assistance for women to gain ec<strong>on</strong>omic security<br />
following <strong>abuse</strong> include post-crisis services and services which address issues relating to<br />
the l<strong>on</strong>g-term impacts of ec<strong>on</strong>omic <strong>abuse</strong> and domestic violence. Some recent initiatives in<br />
the housing and accommodati<strong>on</strong> sector do address l<strong>on</strong>ger term issues by supporting women<br />
to gain and remain in rental housing and to remain safely in their homes following violence.<br />
Research has also identified a need for greater support and individual advocacy for women<br />
around financial issues following domestic violence and, in relati<strong>on</strong> to this, there appears to<br />
be a need for training, informati<strong>on</strong> exchange and collaborati<strong>on</strong> between different services—<br />
including between financial counselling and domestic violence services. At the same time<br />
there is a c<strong>on</strong>siderable lack of knowledge about levels of understanding of ec<strong>on</strong>omic <strong>abuse</strong><br />
and resp<strong>on</strong>ses to it in different community service sectors. This is also the case in regard to<br />
how collaborati<strong>on</strong>s may be occurring between individual workers or services in different<br />
sectors and about models of co-locati<strong>on</strong> of services or of holistic case management which<br />
might be providing effective resp<strong>on</strong>ses.<br />
There have been a variety of community sector resp<strong>on</strong>ses which have provided financial<br />
literacy educati<strong>on</strong> and financial capability building as both preventative measures and for<br />
women who have experienced violence. While microfinance initiatives are now offered <strong>on</strong> an<br />
extensive basis with some programs specifically designed for women who have experienced<br />
domestic violence, other initiatives in this area have been <strong>on</strong> a small scale. There is a need<br />
for a better understanding of the appropriate c<strong>on</strong>texts for providing financial literacy<br />
educati<strong>on</strong> to women experiencing ec<strong>on</strong>omic <strong>abuse</strong> including the potential for ‘mainstream’<br />
community-based educati<strong>on</strong> programs to fill this role.<br />
56
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Appendices<br />
APPENDIX A: Key policy details<br />
Excerpts from: The nati<strong>on</strong>al plan to reduce violence against women and their<br />
children, 2010-2022 (COAG, 2010)<br />
The visi<strong>on</strong> of the Nati<strong>on</strong>al Plan is that ’Australian women and their children live free from<br />
violence in safe communities.’<br />
To measure the success of this visi<strong>on</strong>, governments have set a target for 'a significant and<br />
sustained reducti<strong>on</strong> in violence against women and their children,' during the 12 years from<br />
2010 to 2022.<br />
To know whether this target is being achieved, the following four high‐level indicators of<br />
change will be used to show progress:<br />
Reduced prevalence of domestic violence and sexual assault.<br />
Increased proporti<strong>on</strong> of women who feel safe in their communities.<br />
Reduced deaths related to domestic violence and sexual assault.<br />
Reduced proporti<strong>on</strong> of children exposed to their mother’s or carer’s experience of<br />
domestic violence.<br />
The Nati<strong>on</strong>al Plan includes six nati<strong>on</strong>al outcomes (measures of success in brackets):<br />
Communities are safe and free from violence* (success will be measured by an<br />
increase in the community’s intolerance of violence against women) [*includes<br />
strategy ‘Advance gender equality’].<br />
Relati<strong>on</strong>ships are respectful (success will be measured by improved knowledge of,<br />
<br />
and the skills and behaviour for, respectful relati<strong>on</strong>ships by young people).<br />
Indigenous communities are strengthened (success will be measured by reducti<strong>on</strong> in<br />
the proporti<strong>on</strong> of Indigenous women who c<strong>on</strong>sider that family violence, assault and<br />
sexual assault are problems for their communities and neighbourhoods; and increase<br />
in the proporti<strong>on</strong> of Indigenous women who are able to have their say within their<br />
communities <strong>on</strong> important issues, including violence).<br />
Services meet the needs of women and their children experiencing violence<br />
(Success will be measured by an increase in the access to, and resp<strong>on</strong>siveness of,<br />
services for victims of domestic and family violence and sexual assault)<br />
<br />
<br />
Justice resp<strong>on</strong>ses are effective. (Success will be measured by an increase in the rate<br />
of women reporting domestic violence and sexual assault)<br />
Perpetrators stop their violence and are held to account (Success will be measured<br />
by a decrease in repeated partner victimisati<strong>on</strong>).<br />
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ALRC (2011c) recommendati<strong>on</strong>s for changes to Child Support Agency practices to<br />
address family violence<br />
12—1 The Child Support Guide should provide that the Child Support Agency should identify<br />
family violence-related safety c<strong>on</strong>cerns through screening, ‘risk identificati<strong>on</strong>’ or other<br />
methods, when a payee:<br />
(a) requests or elects to end a child support assessment; or<br />
(b) elects to end Child Support Agency collecti<strong>on</strong> of child support and/or arrears.<br />
12—2 The Child Support Guide should provide that the Child Support Agency should refer a<br />
payee who has disclosed family violence, including a payee who receives no, or no more<br />
than, the base rate of <strong>Family</strong> Tax Benefit Part A, to a Centrelink social worker or expert<br />
service provider when he or she:<br />
(a) requests or elects to end a child support assessment;<br />
(b) elects to end Child Support Agency collecti<strong>on</strong> of child support; or<br />
(c) requests that the Child Support Agency terminate, or not commence, enforcement<br />
acti<strong>on</strong> or departure prohibiti<strong>on</strong> orders.<br />
12—3 The Child Support Guide should provide that the Child Support Agency should c<strong>on</strong>tact<br />
a customer to identify family violence-related safety c<strong>on</strong>cerns through screening, ‘risk<br />
identificati<strong>on</strong>’ or other methods, prior to initiating significant acti<strong>on</strong> against the other party,<br />
including:<br />
(a) change of assessments (‘departure determinati<strong>on</strong>s’ under the Child Support<br />
(Assessment) Act 1989 (Cth));<br />
(b) court acti<strong>on</strong>s to recover child support debt; and<br />
(c) departure prohibiti<strong>on</strong> orders.<br />
12—4 The Child Support Guide should provide that, where a customer has disclosed family<br />
violence, the Child Support Agency should c<strong>on</strong>sult with the customer regarding his or her<br />
safety c<strong>on</strong>cerns, prior to initiating significant acti<strong>on</strong> against the other party, including:<br />
(a) change of assessments (‘departure determinati<strong>on</strong>s’ under the Child Support<br />
(Assessment) Act 1989 (Cth));<br />
(b) court acti<strong>on</strong>s to recover child support debt; and 20 <strong>Family</strong> Violence and<br />
Comm<strong>on</strong>wealth Laws—Improving Legal Frameworks<br />
(c) departure prohibiti<strong>on</strong> orders.<br />
12—5 The Child Support Guide should provide that the Child Support Agency should identify<br />
family violence-related safety c<strong>on</strong>cerns through screening, ‘risk identificati<strong>on</strong>’ or other<br />
methods, prior to requiring a payee to collect privately pursuant to s 38B of the Child Support<br />
(Registrati<strong>on</strong> and Collecti<strong>on</strong>) Act 1988 (Cth).<br />
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APPENDIX B: Ec<strong>on</strong>omic <strong>abuse</strong> in the Victorian <strong>Family</strong> Violence Protecti<strong>on</strong> Act 2008<br />
Secti<strong>on</strong> 6 of the <strong>Family</strong> Violence Protecti<strong>on</strong> Act 2008 (Vic) provides the following meaning of<br />
ec<strong>on</strong>omic <strong>abuse</strong><br />
6. Meaning of ec<strong>on</strong>omic <strong>abuse</strong><br />
For the purposes of this Act, ec<strong>on</strong>omic <strong>abuse</strong> is behaviour by a pers<strong>on</strong> (the first pers<strong>on</strong>)<br />
that is coercive, deceptive or unreas<strong>on</strong>ably c<strong>on</strong>trols another pers<strong>on</strong> (the sec<strong>on</strong>d pers<strong>on</strong>),<br />
without the sec<strong>on</strong>d pers<strong>on</strong>'s c<strong>on</strong>sent—<br />
(a) in a way that denies the sec<strong>on</strong>d pers<strong>on</strong> the ec<strong>on</strong>omic or financial aut<strong>on</strong>omy the<br />
sec<strong>on</strong>d pers<strong>on</strong> would have had but for that behaviour; or<br />
(b) by withholding or threatening to withhold the financial support necessary for<br />
meeting the reas<strong>on</strong>able living expenses of the sec<strong>on</strong>d pers<strong>on</strong> or the sec<strong>on</strong>d pers<strong>on</strong>'s<br />
child, if the sec<strong>on</strong>d pers<strong>on</strong> is entirely or predominantly dependent <strong>on</strong> the first pers<strong>on</strong><br />
for financial support to meet those living expenses.<br />
Examples—<br />
coercing a pers<strong>on</strong> to relinquish c<strong>on</strong>trol over assets and income;<br />
removing or keeping a family member's property without permissi<strong>on</strong>, or<br />
threatening to do so;<br />
disposing of property owned by a pers<strong>on</strong>, or owned jointly with a pers<strong>on</strong>, against<br />
the pers<strong>on</strong>'s wishes and without lawful excuse;<br />
without lawful excuse, preventing a pers<strong>on</strong> from having access to joint financial<br />
assets for the purposes of meeting normal household expenses;<br />
preventing a pers<strong>on</strong> from seeking or keeping employment;<br />
coercing a pers<strong>on</strong> to claim social security payments;<br />
coercing a pers<strong>on</strong> to sign a power of attorney that would enable the pers<strong>on</strong>'s<br />
finances to be managed by another pers<strong>on</strong>;<br />
coercing a pers<strong>on</strong> to sign a c<strong>on</strong>tract for the purchase of goods or services;<br />
coercing a pers<strong>on</strong> to sign a c<strong>on</strong>tract for the provisi<strong>on</strong> of finance, a loan or credit;<br />
coercing a pers<strong>on</strong> to sign a c<strong>on</strong>tract of guarantee;<br />
coercing a pers<strong>on</strong> to sign any legal document for the establishment or operati<strong>on</strong><br />
of a business.<br />
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