Tamara Walsh

Mothers, Domestic Violence, and Child Protection

This article explores the relationship between understandings of domestic violence and the child protection response drawing on material gathered in focus groups with workers who support mothers dealing with both domestic violence and child protection issues. The interviewees expressed concern that the dynamics of domestic violence are often misunderstood and inappropriately responded to by child protection workers.This article critically examines the interviewees’ concerns and concludes that to properly protect children, it is crucial that child protection workers have a clear understanding of the dynamics of and issues related to domestic violence.

A case of misrepresentation: Social security fraud and the criminal justice system in Australia

In this article we examine the extent of social security fraud in Australia and the sentencing outcomes for a sample of social security recipients prosecuted in two magistrates’ courts in Queensland. What the empirical study illustrates is that the characteristics of those prosecuted for social security fraud challenge the media driven stereotype of the organised criminal willingly defrauding the government for large sums of money. In terms of sentencing outcomes, we conclude that people prosecuted for welfare fraud have a high conviction rate and may lack independent legal representation. In the final analysis, we make an argument for examining the issue of social security fraud in the context of labour market changes and levels of poverty and shifting social security policy objectives.

Legal responses to child protection, poverty and homelessness

Removal of children from the care of their parents is one of the most fundamental forms of intrusion the state may have in the lives of families. Those experiencing poverty are disproportionately targeted for intervention by child protection departments. This article reports on the results of two research studies that provide empirical evidence regarding the relationship between child protection and poverty. The links between child protection and poverty are well-documented. However, our research supports the view that existing knowledge is not being effectively translated into practice. Respondents to our research offered a number of practical suggestions as to how protective outcomes may be brought about for children living in poverty. In particular, their recommendations emphasise the importance of the provision of material assistance and support in building the capacity of families to adequately provide for, and protect, their children.

Down and Out? Homelessness and citizenship

It is widely recognised that homeless people are among the most disadvantaged and vulnerable members of Australian society. But further to this, those who are homeless are excluded from participation in a wide variety of socio-political activities that other citizens take for granted. A survey of homeless people conducted in Brisbane in 2003 has confirmed that many homeless people do not identify as Australian citizens, and many believe that they do not enjoy the same citizenship rights as the remainder of the population. This article draws on both human rights law and T H Marshalls (1950) theory of citizenship in its discussion of the many ways in which the civil, political and social citizenship rights of homeless people are infringed or denied. The article argues that citizenship theory may contribute something unique to the lobby for increased rights for people who are homeless for three reasons. First, the use of citizenship terminology in advocacy may prove more persuasive to a federal government that has identified the enhancement of citizenship as a policy goal. Second, citizenship theory promotes community membership over and above individualism. And third, citizenship theory (particularly that of Marshall) advances a persuasive argument to the effect that it is only through the provision of social citizenship rights (such as the right to housing, the right to social security, the right to the highest attainable standard of health and the right to education) that the civil and political citizenship rights of marginalised people can be secured. Thus, it provides an alternative framework within which to lobby for social and economic rights for marginalised groups, such as people who are homeless.

Continuing the Stolen Generations: Child Protection Interventions and Indigenous People

Indigenous Australian children are significantly over-represented in out of home care. Figures evidencing this over-representation continue to increase at a startling rate. Similar experiences have been identified among native peoples in Canada, the United States and New Zealand. Drawing on interviews with lawyers who work with Indigenous parents in child protection matters in Queensland, Australia, this article examines how historical factors, discriminatory approaches and legal structures and processes contribute to the high rates of removal and, we argue, to the perpetuation of the stolen generations.

Mothers, Domestic Violence, and Child Protection: Toward Collaboration and Engagement

We appreciate the opportunity to consider the responses from the four commentators to our discussion in the main article in this symposium. The workers we interviewed for the main article identified a disconnect between the domestic violence and child protections fields, and similarly the commentators, from four diverse professional backgrounds and from different jurisdictions and using different languages and metaphors, also accepted this was the current situation. Hester identifies what she refers to as three planets of domestic violence, child contact or visitation, and child protection. She observes that these planets have distinct cultural histories underpinning practices and outcomes. Humphreys similarly refers to the great divide between the community and voluntary sector and the statutory child protection services. Mandel refers to the need to improve “cross system dialog” and Goodmark appears to accept there is a need to improve relations “between” victimized mothers and child protection. This symposium in itself has provided an opportunity to engage professionally beyond these identified divisions.

Diverting Mentally Ill Women Away from Prison in New South Wales: Building on the Existing System

Women in prison suffer from mental illness at a rate significantly higher than their male counterparts. Many avenues for diversion exist in current New South Wales (NSW) law, but judges and magistrates have demonstrated a reluctance to utilise them. This article outlines the diversionary mechanisms available to female mentally ill offenders and speculates on why they are under-utilised. Some recommendations for reform will be made, including the use of imprisonment as a last resort, creative use of probation, bonds and conditional release orders, and the expansion of the existing court liaison service. However, it will be concluded that the availability of community-based services to which judges and magistrates may refer offenders is central to the effective operation of this area of law. Since judges and magistrates will not release mentally ill offenders into a “void”, adequately funded social services must be available to provide necessary support, treatment and supervision.

Who is the 'public' in 'public space'?: a Queensland perspective on poverty, homelessness and vagrancy

Homeless people and their service providers agree that public spaces must be regulated to ensure that members of the public are able to enjoy them without interference - however, existing laws which aim to regulate public spaces often criminalise behaviour conducted in public spaces which would be lawful if performed in private space - summary offences law reform is overdue in Queensland and other states with similar laws.

Breaching the Right to Social Security

Under Australia’s current social security breach penalty regime, harsh monetary penalties are imposed on income support recipients who commit (often very minor) breaches of their mutual obligation requirements. The current regime offends a number of provisions of international human rights law, including the rights to social security, an adequate standard of living, free choice of employment and rest and leisure. In addition, the regime contravenes certain provisions in the Social Security Act 1991 (Cth) and offends established rules of natural justice required under administrative law. Further, the penalty regime breaches a number of established principles of common law, including freedom of contract, the presumption of innocence and the principle that the best interests of the child should be considered paramount in decisions affecting children. The recently passed AWT Act 2003 (Cth) will go some way towards rectifying some of these contraventions; however, further reforms will be required before it can be said that the government’s breach penalty regime does not amount to a breach of the law.

Mandatory Reporting of Child Abuse and Marginalised Families

In this chapter we draw on two qualitative studies we conducted in Queensland, Australia, to consider how frontline workers (both support workers in nongovernment organisations and lawyers) who work with marginalised groups, for example, with families from culturally and linguistically diverse groups, Indigenous families and families living with poverty and homelessness or domestic violence, view mandatory reporting of abuse to child protection authorities. Our research suggests that workers’ experiences of the interaction between their clients and child protection services are extremely negative overall. As a result, some workers are very reluctant to report abuse because they perceive the response of child protection services to be poor.