Churchill Fellow targets domestic violence law reform

She may not be yet 30, but Deakin criminologist Dr Kate Fitz-Gibbon looks set to have a major impact on Australia’s legal system.

Dr Fitz-Gibbon is emerging as an expert on international law reforms covering crimes of domestic violence resulting in homicide - and her advice at government level has led to legal changes in New South Wales and Victoria.

Dr Fitz-Gibbon has just received the prestigious Peter Mitchell Churchill Fellowship for 2015, and will visit the UK, USA and Canada to examine innovative legal responses to preventing intimate homicide early next year.

She hopes to use her findings to make a real difference to the incidence of domestic violence in Australia.

“Campaigners such as Rosie Batty have helped to raise awareness of the growing problem in Australia, with family violence declared a national emergency in 2014,” she explained.

“Each week in Australia, at least one woman is killed by her current or former partner. We need to ensure that the courts are as effective as possible in early-stage interventions, when cases of domestic violence are brought to their attention, to reduce this rate of violence and the risk of lethal violence.”

The research opportunity will build on Dr Fitz-Gibbon’s expertise in homicide law, law reform and legal responses to lethal domestic violence and will enable her to learn more about the divergent approaches in each country.

“In England and Wales, for example, a new offence of ‘controlling or coercive behaviour in an intimate or family relationship’ was introduced in 2015,” she explained.

“As well as assessing that initiative, I will also investigate the new Integrated Domestic Violence Courts in New York, which aim to ensure consistency in the delivery of justice in domestic violence cases. The research will see whether this integrated court model would be of value in Australia.”

“In Canada, a domestic violence death review committee has been in place for over 10 years and is considered one of the most effective worldwide. This committee examines domestic violence-related deaths, to identify the earliest points of intervention and common risk factors. It aims to identify system failures and the barriers/gaps that exist in current services, as well as advocating for legislative reform to improve legal responses.

“Domestic violence death review teams are not in place in each state and territory in Australia, but the Canadian experience may provide the evidence base to support future funding decisions and promote awareness of the need for these committees in each Australian jurisdiction.”

Dr Fitz-Gibbon is in no way daunted by the complexity of legal systems. She has received numerous awards throughout her short career, including being named in the list of “100 Australian Women of Influence” last year. Her policy understanding has led to her being invited to contribute to law reform debates in Victoria, New South Wales and South Australia.

On her return next year, she will disseminate her findings through a range of publications, to capture an academic, policy, practitioner and community audience and, hopefully, achieve real changes in the system.

“We are currently witnessing a national conversation about domestic violence, which is a significant step forward from its previous silencing,” she noted.

“Alongside recognition of the problem, what we need now is action – in terms of improving prevention, but also ensuring that when domestic violence does occur it is adequately responded to by our criminal justice system.

“We know what isn’t working in Australia. This Fellowship will enable me to look internationally to discover what does work and see if it can be used to improve Australian legal practice.”