1.7How are domestic and family violence deaths defined in your jurisdiction for the purposes of review? What sources are used for the definition? | The Team’s definition of a ‘domestic violence death’ is outlined at s101B(1) of the Coroners Act 2009 (NSW). This definition reflects the findings from the Domestic Homicide Advisory Panel and recognises that domestic violence can have both direct and indirect fatal consequences. | The DFVDRU reviews homicides, murder suicides and suicides that are identified as domestic and family violence related. For homicides, the DFVDRU adopts the definition developed through the Australian Domestic and Family Violence Death Review Network (ADFVDRN). Specific criteria are contained within the State Coroner’s guidelines. http://www.courts.qld.gov.au/__data/assets/pdf_file/0017/206126/oscstatecoronersguidelineschapter7.pdf
Definitions for the DFVDRAB are found in the legislation here: Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Act 2015 (Qld)
| WAPOL informs the Office of all family and domestic violence fatalities and provides information about the circumstances of the death together with any relevant information of prior WAPOL contact with the person who died and the suspected perpetrator. A family and domestic violence fatality involves persons apparently in a ‘family and domestic relationship’ as defined by section 4 of the Restraining Orders Act 1997 (WA).
More specifically, the relationship between the person who died and the suspected perpetrator is a relationship between two people:
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Who are, or were, married to each other; or
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Who are, or were, in a de facto relationship with each other; or
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Who are, or were, related to each other; or
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One of whom is a child who
(is) Ordinarily resides, or resided with the other person; or
(ii) Regularly resides or stays, or resided or stayed, with the other person;
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One of whom is, or was, a child of whom the other person is a guardian; or
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Who have, or had, an intimate personal relationship, or other personal relationship, with each other.
‘Other personal relationship’ means a personal relationship of a domestic nature in which the lives of the persons are, or were, interrelated and the actions of one person affects, or affected the other person.
‘Related’, in relation to a person, means a person who –
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Is related to that person taking into consideration the cultural, social or religious backgrounds of the two people; or
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Is related to the person’s –
(is) Spouse or former spouse; or
(ii) De facto partner or former de facto partner.
If the relationship meets these criteria, a review is undertaken. | We do not apply a definition to domestic and family violence deaths. They are investigated as “reportable deaths”. | The range of relationships and behaviours which constitute domestic abuse in South Australia are contained within the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
The Australian Domestic and Family Violence Death Review Network (ADFVDRN) Homicide Consensus Statement then provides further criteria for the standard classification of cases as ‘Domestic Violence Deaths’ and further defines the following criteria:
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the case type;
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the role of human purpose in the event resulting in a death (intent);
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the relationship between the parties (i.e. the deceased offender relationship); and
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the domestic and family violence context (i.e. whether or not the homicide occurred in a context of domestic and family violence).
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A family violence homicide is defined as a death that has occurred:
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as a result of external causes where such external causes were attributed, directly to indirectly, to a person through the application of assaultive force or by criminal negligence; AN between parties in an intimate, familial o family‐like relationship (as defined by the Family Violence Protection Act, 2008 (Vic)); AN in a family violence context (e.g. following an identifiable history of family violence, during o as a result of pending or actual relationship breakdown, or as a result of child custody disputes).
The definition of family violence adopted for the purpose of the VSRFVD is in accordance with the Family Violence Protection Act 2008 (Vic). The Act recognises that this behaviour extends beyond physical and sexual violence, to include emotional, psychological, social or economic abuse. Conceptualising family violence in this way promotes consideration of the wide range of actions and behaviours that constitute the spectrum of violent behaviour. The VSRFVD also incorporates the definition of family violence provided by the Victorian Indigenous Family Violence Taskforce, which recognises harm done to kinship networks and communities by family violence.
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