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Family Violence - Young People and Youth Sector Workers

Informing Government about the Implementation of Mandatory Reporting In Victoria

REPORT OF A RESEARCH PROJECT FUNDED BY
THE CRIMINOLOGY RESEARCH COUNCIL - PROJECT GRANT 15/93-4

CO- PRINCIPAL INVESTIGATORS:

    DANNY SANDOR
    Convenor, Juvenile Justice Working Group
    Youth Affairs Council of Victoria

    JULIAN BONDY
    Lecturer, Department of Community Services Administration
    Royal Melbourne Institute of Technology

RESEARCHER

    PHILIP HILL

    SUBMITTED TO THE CRIMINOLOGY RESEARCH COUNCIL - OCTOBER 1995
    ISBN 07311 0575 3

    The author/s of this paper assert their property rights over its content.
    It is to be used for legitimate research and development purposes only.


EXECUTIVE SUMMARY

Introduction

    This study questioned young people and youth sector workers about various aspects of new Victorian mandatory reporting laws. Focus groups were conducted by peer researchers with 163 young people comprising a mix of those who had experienced and had not experienced protective intervention, and a specially designed self-report survey was administered to 150 workers drawn from the membership of the peak youth affairs body for the State.

Key findings of the Survey of Youth Sector Workers

  • workers have important knowledge deficits in relation to mandatory reporting;
  • workers feel lacking in numerous skills which they perceive as important or very important;
  • in deciding to report a disclosures of abuse, workers appear to be influenced by factors such as:
    • whether the young person concerned agreed to a formal report being made;
    • the worker's concerned that abuse would continue.
  • nearly half of the sample had at least once decided not to make a report and the major reasons were:
    • whether the survivor was still in reach of the perpetrator;
    • the young person's attitude to notification;
    • the capacity to arrange services without official involvement;
    • concern that notification may lead to systems abuse.
  • although there was majority support for the notion of the mandatory reporting laws workers were concerned about the circumstances of their implementation and were undecided or could envisage a situation where they would not comply with the requirement;
  • the major recommendation from the sample was for training.

Key findings of the Focus Groups with Young People.

  • young people lack knowledge and understanding of the mandatory reporting system which affects them and do not seem to appreciate that a guarantee of confidentiality is not the alternative to a worker being required to report;
  • young people were concerned that mandatory reporting may be a deterrent to disclosure of abuse;
  • young people did not call for complete exemption from the mandatory reporting laws but rather for a presumption that their wishes prevail;
  • young people seem more concerned about their right to have choices about to whom they disclose, whether their disclosure is notified and, if so, the course of the investigation than whether youth workers as a category should be mandated or not;
  • young people have a range of fears about the consequences of their abusive situation coming to the notice of the authorities; and
  • young people lack knowledge of their rights when contemplating a disclosure, want more information about this and feel they need a support person if they embark upon the process;

Recommendations

    1. Legislative and Administrative Changes

    • i). H & CS SHOULD PREPARE AND ISSUE ADMINISTRATIVE GUIDELINES PLACING A POSITIVE EXPECTATION UPON NOTIFIERS AND PROTECTIVE INTERVENERS TO ACT IN ACCORDANCE WITH THE WISHES OF YOUNG PEOPLE AGED 14 YEARS AND ABOVE.
    • ii) THAT THE GOVERNMENT NOT PROCEED AT THIS STAGE TO GAZETTE YOUTH WORKERS.

    2. Training

    • i) THAT SPECIFIC TRAINING BE PROVIDED TO YOUTH WORKERS IRRESPECTIVE OF THEIR STATUS IN RELATION TO THE LEGISLATIVE REQUIREMENTS OF THE VICTORIAN MANDATORY REPORTING LEGISLATION. IT IS ALSO RECOMMENDED THAT THE CONTENT AREAS FOR THIS TRAINING BE IDENTIFIED FROM THIS RESEARCH.

    3. Information

    • i) THERE SHOULD BE A RANGE OF AGE APPROPRIATE MATERIALS EXPLAINING THE MEANING AND CONSEQUENCES OF MANDATORY REPORTING TO YOUNG PEOPLE AND THEIR RIGHTS WHEN PROTECTIVE INVESTIGATION IS TO BE TRIGGERED OR HAS BEEN TRIGGERED. THE PROCESS OF PREPARING SUCH MATERIAL SHOULD ALSO SERVE AS A MECHANISM FOR MAKING CLEAR THE APPLICABILITY OF THOSE RIGHTS.
    • ii) PRINTED MATERIAL IN RELATION TO RECOMMENDATION i SHOULD BE AVAILABLE IN SCHOOLS, HOSPITALS, DOCTORS' AND DENTISTS' SURGERIES, DEPARTMENT OF SOCIAL SECURITY, COMMONWEALTH EMPLOYMENT SERVICES, TRAIN STATIONS.
    • iii) CREATIVE AUDIO-VISUAL APPROACHES TO ENHANCING YOUNG PEOPLE'S KNOWLEDGE AND UNDERSTANDING SHOULD BE CANVASSED.

    4. Program Initiatives

    • i) ESTABLISHMENT OF A STATEWIDE ADVISORY LINE FOR YOUNG PEOPLE AND THOSE WHO WANT TO PROVIDE SUPPORT TO THEM
    • ii) THE DEVELOPMENT OF A TARGETED PEER EDUCATION PROGRAM.

    5. Research

    • i). THE FOCUS GROUP METHOD USED IN THIS PROJECT SHOULD BE REPLICATED WITH SPECIFIC ATTENTION TO THE EXPERIENCE OF INDIGENOUS AND NON-ENGLISH SPEAKING BACKGROUND YOUNG PEOPLE.
    • ii) THERE SHOULD BE AN ASSESSMENT OF ACTUAL YOUTH SECTOR WORKER PRACTICES IN THE MANAGEMENT OF ADOLESCENT ABUSE DISCLOSURES.

The report concludes with a list of key target audiences for the document.
 

 

 

 

 

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