Women’s Domestic Violence Court Assistance Scheme (WDVCAS)
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The Women's Domestic Violence Court Assistance Scheme, commonly referred to by its initialism WDVCAS, comprises a network of organisations in
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
which information, advocacy and safety planning for women and their children who are escaping from or in danger of
domestic violence Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...
. It is a key frontline support service. The Women's Domestic Violence Court Advocacy Service is the
New South Wales Government The Government of New South Wales, also known as the NSW Government, is the executive state government of New South Wales, Australia. The government comprises 11 portfolios, led by a ministerial department and supported by several agencies. Th ...
organisation that provides funding and support for the WDVCASes, and ensures that they are operating according to their mandate. It was established in
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
in July 2015.


History

The Women's Domestic Violence Court Assistance Scheme (WDVCAS) was originally established by
Redfern Legal Centre Redfern Legal Centre (RLC) is an independent, non-profit community legal centre established in 1977 and located in the Sydney inner-city of Redfern, New South Wales. It is part of a network of four inner-Sydney region community legal centres, ...
in March 1990 to provide a range of specialist legal and support services to women at court seeking
apprehended violence order An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remed ...
s (AVOs). The principles and guidelines of the Scheme required that it be operated by paid staff, who were to be women wherever practicable, and would provide a holistic service including court advocacy to those who were otherwise unrepresented. The model was firmly based on a feminist philosophy. The scheme initially operated once a week on summons day (Wednesdays) at Redfern Local Court and involved a solicitor and two support workers providing service exclusively to women seeking AVOs. In addition to legal representation, WDVCAS staff assisted women with a range of needs: financial, housing, emotional support and counselling and other legal problems. The scheme co-ordinated assistance from a variety of services to provide women with the holistic support needed for them to attempt change. The scheme had the support of the local magistrate, Lillian Horler, and the court provided exclusive use of a room to minimise the risk of threats or intimidation within the environs of the court. With the assistance of the Chamber Magistrate Service, the WDVCAS were able to assist women bring many successful applications for their protection in circumstances where police had failed to act. A comprehensive evaluation was conducted and launched by Justice
Elizabeth Evatt Elizabeth Andreas Evatt (born 11 November 1933), an eminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Justice of the Family Court of Australia, the f ...
in August 1991 and recorded the considerable success of the scheme in increasing the numbers of orders secured for the protection of women. The model, including the concept of a safe room, was subsequently expanded and adapted to the conditions and resources available at other local courts, not only in NSW but in other parts of Australia. By 1993 there were 21 community-based organisations participating in the scheme and WDVCASs were spreading quickly. There was also an increase in the use of the Chamber Magistrate Service to assist in drafting private applications in relation to domestic or personal violence, accounting for 25% of their work. This level of service was subsequently discontinued. The original WDVCAS service at Redfern Local Court was also brought to an end in 2004 with the winding down and closure of that courthouse, despite widespread protest. In 1996 the Legal Aid Commission of NSW provided funding to the Women's Legal Resources Centre (now Women's Legal Service NSW) to provide training, resources and administrative support to the growing numbers of WDVCASs. However, administration of the WDVCAS scheme was subsequently taken over by Legal Aid NSW and the scheme renamed the Women's Domestic Violence Court Advocacy Service, still with the acronym WDVCAS. Demand for the service continued to grow but there was an ongoing struggle to secure adequate funding to meet the demand. By 2018, Legal Aid NSW was administering funding to 29 WDVCAS across the State of NSW operated by a variety of locally-based, incorporated, not-for-profit, NGOs. Service was being provided to women attending 117 Local Courts, with solicitors supplied through Legal Aid's Domestic Violence Practitioner Service. A peak body, WDVCAS Inc. was established with funding from Legal Aid in 2011 (subsequently renamed Women's Safety NSW) and began to engage more closely with government agencies including the Department of the Attorney-General and Justice, NSW Victims Services, FACS and NSW Police. In 2015 the Safer Pathways program was introduced which involved WDVCAS working with a team of workers from NSW Police and other government agencies to hold regular Safety Action Meetings (SAM), chaired by police, with the purpose of sharing information and making plans in relation to women identified as being at "serious risk". A Domestic Violence Safety Assessment Tool (DVSAT) was developed for, and administered by police to identify the level of threat to domestic and family violence victims. A system was also introduced for police to refer every domestic violence incident to WDVCAS to provide a response within one working day. However, funding was not increased to meet the increased demand for WDVCAS services generated by this change. Research conducted by BOCSAR subsequently demonstrated that the DVSAT and the Safer Pathway program were ineffective. An evaluation commissioned by government also documented a reluctance to engage in the Safer Pathways program, particularly within the Aboriginal community, due to the involvement of the police. Legal Aid NSW and others have documented that inadequate responses by NSW Police, including an increasing number of women being inappropriately identified as defendants in relation to domestic violence matters, continues to act as a deterrent for women seeking help. In 2018 the WDVCASes around the state were put out to tender by the NSW Attorney General,
Mark Speakman Mark Raymond Speakman (born 6 November 1959) is an Australian politician. He has been a member of the New South Wales Legislative Assembly since 2011 New South Wales state election, 2011, representing Electoral district of Cronulla, Cronulla ...
, in a manner similar to that used to dismantle the underpinnings of the
NSW Women's Refuge Movement The NSW Women's Refuge Movement began in 1974 with the establishment of Elsie Refuge in Glebe, NSW. Other refuges were established throughout the 1970s, operating within a feminist framework and responding to the needs of women and children escapin ...
. This move by government caused concern throughout the sector and saw
Redfern Legal Centre Redfern Legal Centre (RLC) is an independent, non-profit community legal centre established in 1977 and located in the Sydney inner-city of Redfern, New South Wales. It is part of a network of four inner-Sydney region community legal centres, ...
bow out of the process. The tender process was abruptly cancelled part way but was re-instituted for many of the services in 2020 following re-election of the NSW Liberal Government.


Women's Domestic Violence Court Advocacy Service

The Women's Domestic Violence Court Advocacy Service is the
New South Wales Government The Government of New South Wales, also known as the NSW Government, is the executive state government of New South Wales, Australia. The government comprises 11 portfolios, led by a ministerial department and supported by several agencies. Th ...
organisation that provides funding and support for the WDVCASes, and ensures that they are operating according to their mandate. It operates safe rooms in courts and free legal advocacy and support services to women seeking protection orders in relation to domestic violence.


South Australia

The Women's Domestic Violence Court Assistance Service (WDVCAS) was established in
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
in July 2015, as a response to the inquest into the murder of Zahra Abrahimzadeh at the hands of her estranged husband in
Adelaide Adelaide ( , ; ) is the list of Australian capital cities, capital and most populous city of South Australia, as well as the list of cities in Australia by population, fifth-most populous city in Australia. The name "Adelaide" may refer to ei ...
in 2010. Funded for two years by the victims of crime levy, the services provide information, legal advice, support and representation relating to
intervention order An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remed ...
. The service is accessible via victim support services in
Adelaide Adelaide ( , ; ) is the list of Australian capital cities, capital and most populous city of South Australia, as well as the list of cities in Australia by population, fifth-most populous city in Australia. The name "Adelaide" may refer to ei ...
,
Port Lincoln Port Lincoln is a city on the Lower Eyre Peninsula in the Australian states and territories of Australia, state of South Australia. Known as Galinyala by the traditional owners, the Barngarla people, it is situated on the shore of Boston Bay, ...
,
Mount Gambier Mount Gambier is the second most populated city in South Australia, with a population of 25,591 as of the 2021 census. The city is located on the slopes of Mount Gambier (volcano), Mount Gambier, a volcano in the south east of the state, about ...
,
Whyalla Whyalla is a city in South Australia. It was founded as Hummock's Hill, and was known by that name until 1916. It is the fourth most populous city in the Australian state of South Australia after Adelaide, Mount Gambier, and Gawler, and along ...
,
Port Augusta Port Augusta (''Goordnada'' in the revived indigenous Barngarla language) is a coastal city in South Australia about by road from the state capital, Adelaide. Most of the city is on the eastern shores of Spencer Gulf, immediately south of the ...
,
Port Pirie Port Pirie is a small city on the east coast of the Spencer Gulf in South Australia, north of the state capital, Adelaide. Port Pirie is the largest city and the main retail centre of the Mid North region of South Australia. The city has an ex ...
and Berri. The service won the 2021 Law Society of South Australia Justice Award, and continues to operate.


See also

*
Domestic violence in Australia In Australia, domestic violence (DV) is defined by the '' Family Law Act 1975''. Each state and territory also has its own legislation, some of which broadens the scope of that definition, and terminology varies. It has been identified as a ma ...


References

{{Reflist Legal organisations based in Australia 1990 establishments in Australia