Family Protection Orders in Lae, Papua New Guinea: Part 3 Factors Affecting the Accessibility and Effectiveness of the Orders (original) (raw)
Related papers
Family Protection Orders in Papua New Guinea - Main Report
2021
The aim of the research project on which this report is based, was to investigate whether the family protection orders (FPOs) introduced under the Family Protection Act 2013 (FPA) were being accessed by, and improving the safety of, domestic and family violence1 (DFV) survivors. The Act, as well as the introduction of civil restraining orders specifically targeted at preventing and reducing DFV, represented a significant milestone in efforts to address in DFV in Papua New Guinea (PNG). The project was undertaken from late 2019 to August 2020. It was a collaborative project that involved researchers based in Australia and PNG, local researchers in various communities and several non-government organisations (NGOs). More than 25 people assisted with the research activities, which occurred in seven locations across PNG — Minj, Mount Hagen, Lae, Port Moresby, Popondetta, Buka and Arawa. The findings from the research are synthesised and summarised under the headings implementation and i...
2019
Many people helped with this pilot study. We thank all of the many stakeholders and women survivors who were prepared to talk to us. We could not have done the research without the support and guidance of the members of the Morobe Family and Sexual Violence Action Committee, and of the non-government organisation Femili PNG. Both Femili PNG and the district court generously assisted us with data. This research and publication has been funded by the Australian Government through the Department of Foreign Affairs and Trade's Pacific Research Program. The views expressed in this publication are the authors' alone.
Family protection orders in PNG research report - a pilot study in Lae, Papua New Guinea
2019
Many people helped with this pilot study. We thank all of the many stakeholders and women survivors who were prepared to talk to us. We could not have done the research without the support and guidance of the members of the Morobe Family and Sexual Violence Action Committee, and of the non-government organisation Femili PNG. Both Femili PNG and the district court generously assisted us with data. This research and publication has been funded by the Australian Government through the Department of Foreign Affairs and Trade's Pacific Research Program. The views expressed in this publication are the authors' alone.
Family Protection Orders in Papua New Guinea
2021
Department of Pacific Affairs CONTENTS Contents iii List of figures and tables vii Abbreviations ix Acknowledgements xi Executive summary xiii iv Family Protection Orders in Papua New Guinea Chapter 2. Implementation 19 2.1 Introduction 19 2.2 Awareness of FPOs 19 2.3 Referral pathways for FPOs 21 2.4 Applying for an IPO 23 Reasons and expectations Assistance and support 2.5 Issuing of orders 26 Numbers and trends Characteristics of applicants and respondents Reasons for not being issued Non-issuing of IPOs by Village Courts Time taken to get an IPO Service of order Conditions of the IPO 2.6 Conversions to POs 33 Numbers and trends Reasons for not applying for a PO 2.7 Breaches of orders 34 2.8 Observations on processes in District Courts 35 Information about the process Safety Court setup Terminology Civil society Staff commitment Communication by and knowledge of magistrates Court scheduling 2.9 Parallel or additional processes 37 2.10 Conclusion 38 Chapter 3. Impact of orders 41 3.1 Introduction 41 3.2 Survivors' feelings of safety 41 3.3 Impact on survivors' wellbeing, family life and circumstances 43 Separation Living arrangements Income Individual and family wellbeing 3.4. Impact on perpetrators 45 Compliance with orders v Department of Pacific Affairs Breaches of orders 47 3.5 Impact on service delivery and the justice system 3.6 Impact on the community/general public 3.7 Conclusion Chapter 4. Key conclusions and recommendations 4.1 Introduction 4.2 Challenges System 55 Process Other Site specific 60 4.3 Opportunities 4.4 Seven key conclusions 4.5 Recommendations 4.6 Further investigation Endnotes References vi Family Protection Orders in Papua New Guinea
2021
List of Tables, Figures and Boxes v Abbreviations vii Acknowledgements ix Executive Summary xi Context xi Key trends xi Meeting the strategic priorities xiii Impact on clients, community and more broadly xiv Lessons learnt xv Future directions xv Chapter 1. Introduction 1 1.1. Overview of the report 1 1.2. Purpose and scope of the evaluation 1 Objectives 1 Focus 2 Approach 2 Terminology 2 1.3. Methods 3 1.4. Context and background 4 Family and sexual violence in PNG 4 Lae-home to Femili PNG 5 1.5. Conclusion 6 Chapter 2. Evolution 7 2.1. Introduction 7 2.2. Foundations 7 2.3. Expansion 9 Organisation and operations 9 Funding and expenditure Staffing Services provided to clients Trends in types of support and assistance Trends in client characteristics Stakeholder and community programs: training and outreach Support functions Monitoring, evaluation and research 2.4. Conclusion Chapter 3. Achieving the strategic priorities 33 3.1. Introduction iv Evaluation of Femili PNG, Lae operations 3.2. Effective and coordinated approaches to case management Case management principles and process Counselling Risk assessment and safety planning Coordination of cases with external service providers 3.3. Strong partnerships with other PNG government, civil sector organisations to promote effective responses to FSV 3.4. Operations-and research-based advocacy to improve responses to FSV Advocacy 3.5. Well-run and sustainable PNG NGO 3.6. Conclusion Chapter 4. Impact and future directions 4.1. Introduction 4.2. Expected impact 4.3. Impact on clients, the local community and more broadly Clients Impact on local community Impact on general public in Lae Impact nationally, more broadly 4.4. Achievements and lessons learnt 4.5. Options going forward Attachment A: Femili PNG definition of terms Attachment B: Femili PNG new client data platform Attachment C: Monitoring and Evaluation Framework: Lae, 2017-2022 Endnotes References v Department of Pacific Affairs Boxes Box 1 Femili PNG Lae operations during the state of emergency restrictions Box 2 Singling out Femili PNG by the Australian Office of Development Effectiveness Box 3 Young adults' survey, characteristics of Lae sample vii Department of Pacific Affairs ACFID Australian Council for International Development ANU Australian National University AR Annual report BCFW Business Coalition for Women CEO Chief executive officer CIMC Consultative Implementation and Monitoring Council CMC Case management centre CUG Closed user group DFAT Department of Foreign Affairs and Trade (Australia) DFV Domestic and family violence FPA Family Protection Act FPNG Femili PNG FSC Department of Pacific Affairs Many people helped with the evaluation. They are not named in the report, as was agreed before interviews were undertaken. Their insights and knowledge were invaluable. The commitment and passion of those who work in or who are involved in the family and sexual violence sector is always inspiring. Several people were critical to the evaluation, including Ms Daisy Plana and Ms Denga Ilave in Lae, and Professor Stephen Howes and Ms Fiona Gunn in Canberra, and their patience and practical assistance was much appreciated.
Reporting, Investigating and Prosecuting Family and Sexual Violence Offences in Papua New Guinea
2020
Department of Pacific Affairs CONTENTS Contents iii List of f gures and tables v Abbreviations vii Acknowledgments ix Executive Summary xi Trends in the past five years and current volume of FSV cases xi Chapter 1. Background and context 1 Introduction 1 Available data-what we know about FSV in PNG 1 FSV offences-the legal settings 4 Investigating and prosecuting FSV offences-challenges and progress 6 Challenges for FSV survivors accessing justice 6 Progress investigating and prosecuting FSV offences 7 PNG criminal justice system-challenges, themes and donor assistance 9 Law and justice capacity-building 11 Autonomous Region of Bougainville Context 12 Policing 13 Law and justice capacity-building 14 Research project: approach and methods Project challenges and limitations Conclusion Chapter 2. Methodology 19 Introduction Trends and current estimates of volume Perceived improvements Ongoing challenges Reporting to police and subsequent police action 22 Investigations 23 Prosecutions 24 In court 26 Conclusion Chapter 3. What the data tells us 31 Recorded by FSVUs Crime investigations or cases recorded by CID Prosecutions 41 Police prosecutions Office of Public Prosecutions-Family and Sexual Offences office Characteristics of defendants, victims, incidents in serious FSV cases Office of the Public Solicitor 42 Matters reaching court 42 Trends in the District Court Trends in the National Court Conclusion 44 Chapter 4. Key findings and their implications 47 Introduction 47 Key findings 47 Trends and current volume of FSV cases Characteristics of incidents, victims and defendants Outcomes Variability in focus and practices Key themes and recommendations 50 Improving the effectiveness and efficiency of the criminal justice system Victim support, advocacy and protection to reduce attrition Record keeping and collating statistics to assist with monitoring and review Further research 54 Attachment 1. Key stakeholders consulted or interviewed 55 Attachment 2. Sources of data 57 Endnotes 59 References 61
Fear or failure: Why victims of domestic violence retract from the criminal justice process
South African Crime Quarterly, 2016
In 2008/9 MOSAIC, 1 with the assistance of the Gender, Health & Justice Research Unit (UCT), embarked on research that sought to identify the factors that contribute to domestic violence victims withdrawing from the legal process before they finalise protection orders (POs) applied for under the Domestic Violence Act (DVA). 2 This study was based on the 2008 work of this author who, in partnership with MOSAIC, interviewed 365 domestic violence victims in the Western Cape about their engagement with and retraction from the criminal justice process. 3 The second tier of this project -reported on hereemerged with more focused interview schedules and the addition of eight jurisdictions from which the sample was drawn. The findings from this study were extensive and pointed to a range of personal, systemic and structural reasons why Domestic Violence Act [DVA] applicants disengage from the criminal justice process. This article will limit its focus on three areas that are relevant to the decision by survivors to withdraw their applications for protection orders: the history and severity of violence, deadly threats, and key findings relating specifically to experiences of DVA applicants with the courts.