Family and Domestic Violence Unit
The Western Australian Family and Domestic Violence
CASE MANAGEMENT AND COORDINATION SERVICE
Governance and
Operations Manual
Case Management and Coordination Service
GOVERNANCE AND OPERATIONS MANUAL
Published by the Department for Child Protection, Family and Domestic Violence Unit
2011
This document may be reproduced and copied for the purposes of information sharing and professional
development with credit to the Department for Child Protection, Family and Domestic Violence Unit.
Suggested Reference:
Department for Child Protection (2011). The Western Australian Family and Domestic Violence Case
Management and Coordination Services Governance and Operations Manual, Perth Western Australia:
Western Australian Government.
Disclaimer
The information contained in this manual was current at the time of publication. Certain aspects and details of the
service system may change, however the principles, values and key elements of practice outlined herein will endure.
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Contents
Introduction..................................................................................................................................2
1. THE STRATEGIC FRAMEWORK
WA Strategic Plan for Family and Domestic Violence (2009–2013).............................................5
2. THE GOVERNANCE AND REPORTING STRUCTURE
Governance and Reporting Structure.........................................................................................9
3. CASE MANAGEMENT GUIDELINES
Family and Domestic Violence Case Management Groups.........................................................13
Responding to Concerns for Harm to Children and Young People...............................................32
4. REGIONAL COORDINATION AND REPORTING
Family and Domestic Violence Coordination Group...................................................................35
Dealing with Differences.........................................................................................................42
5. TRANSFER OF CLIENT INFORMATION ACROSS REGIONAL BOUNDARIES
Transfer of Client Information Across Regional Boundaries........................................................45
6. REPORTING REQUIREMENTS
Reporting Requirements.........................................................................................................47
7. MEMORANDUM OF UNDERSTANDING
Memorandum of Understanding for Information Sharing...........................................................49
8. FAMILY AND DOMESTIC VIOLENCE CASE MANAGEMENT FORMS.........................................57
9. REFERENCES
References............................................................................................................................69
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Introduction
Family and domestic violence is a complex problem requiring a multi-agency response across
both State and Commonwealth Government departments and community sector organisations.
It requires the involvement of police, the courts, corrective services, child protection, health
professionals, legal professionals, advocacy services, accommodation and support services,
counselling services and the education system.
The need to involve so many departments and organisations when responding to family and domestic violence
can make it difficult for individuals and agencies to navigate the system. This is particularly the case when
services operate in isolation from others.
The Western Australian Safety and Accountability Audit of the Armadale Domestic Violence Intervention Project
(2007) clearly presented the shortfalls of not working collaboratively.
The Audit found that the collective capacity and processes of the intervening agencies was profoundly inadequate
for:
•
•
•
•
collecting meaningful information
sharing that information in a timely and cautious manner with other interveners
linking that information to the actual experiences of victims of abuse
crafting interventions that would maximise the protective nature of interventions.
“Institutions document and share information to accomplish a number of case-management goals…
practitioners intervening in cases always gather information through a particular lens. The child
protection worker, responding police officer, prosecutor, advocate and community corrections officer
all deal with the same people, the same situation, the same past events, and the impact those
events have had on people’s lives; however, each worker gathers information in ways particular to
their case-management mandate. They gather information and record events, but do not attempt to
record everything that happened. Instead, they are ‘charged’ with documenting issues of institutional
relevance.”1
In order to address these shortfalls and achieve more cohesive and effective responses to family and domestic
violence, a key strategy of the WA Strategic Plan for Family and Domestic Violence 2009–2013 is the
implementation of an integrated response.
An ‘integrated response’ refers to collaborative and coordinated service delivery, within and between agencies,
with a focus on victim safety and perpetrator accountability.
1 Western Australian Safety and Accountability Audit of the Armadale Domestic Violence Intervention Project 2007. p26
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In WA a key structure/service model to support the establishment of an integrated response is the Family and
Domestic Violence Case Management and Coordination Service (CMCS). The CMCS provides the structure,
function, processes and tools to:
• facilitate interagency case management of high-risk cases • identify and address gaps in service responses
• identify and address systemic barriers/issues that inhibit coordination.
To support the work of CMCSs and to ensure consistency in responses across the State, this Governance and
Operations Manual outlines the following:
1. The Strategic Framework
2. The Governance Structure
3. Case Management Guidelines
4. Regional Reporting
5. Transfer of Client Information Across Regional Boundaries
6. Reporting Requirements
7. Memorandum of Understanding for Information Sharing
8. Family and Domestic Violence Case Management Forms.
CMCSs must operate according to the processes outlined in this manual.
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1.
The STRATEGIC
FRAMEWORK
1. The STRATEGIC FRAMEWORK
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WA Strategic Plan for Family and
Domestic Violence (2009–2013)
The WA Strategic Plan for Family and Domestic Violence 2009–2013 (the Strategic Plan) is based on evidence
of what works best in preventing and responding to family and domestic violence. It establishes a shared vision
and a common framework in which all organisations—government and non-government—and the broader
community will work together to reduce the serious impact that family and domestic violence has on so many
Western Australians.
The outcomes identified in the Strategic Plan are as follows:
1. Prevention and early intervention. Individual attitudes and behaviours within the community reflect that
family and domestic violence in any form is not acceptable.
2. Safety for victims. Adult and child victims are safe and kept free from harm through timely and accessible
services.
3. Accountability for perpetrators. Perpetrators are held accountable for their actions and are actively
supported to cease their violent behaviour.
The CMCS is central to achieving outcomes 2 and 3.
Definition of Family and Domestic Violence
Historically definitions of family and domestic violence have differed between CMCS member agencies. To
achieve the common purpose and practices necessary for best outcomes, all CMCSs are to apply the following
definition of family and domestic violence.
Family and domestic violence is considered to be behaviour which results in physical, sexual and/or
psychological damage, forced social isolation, economic deprivation, or behaviour which causes the victim to
live in fear. The term is usually used where abuse and violence take place in relationships including: intimate
partner; same sex; between siblings, from adolescents to parents or from family carers to a relative or a
relative with a disability. A key characteristic of family and domestic violence is the use of violence or other
forms of abuse to control someone with whom the perpetrator has an intimate or family relationship.
The term ‘domestic violence’ usually refers to abuse against an intimate partner, while family violence is a
broader expression encompassing domestic violence and the abuse of children, the elderly and other family
members.
Aboriginal and Torres Strait Islander people generally prefer to use the term ‘family violence’. This concept
describes a matrix of harmful, violent and aggressive behaviours. However, the use of this term should not
obscure the fact that Aboriginal women and children bear the brunt of family violence2.
2 WA Strategic Plan for Family and Domestic Violence 2009–2013
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Statewide Integrated Response
A key strategy of the Strategic Plan is the development of a Statewide integrated response to family and domestic
violence, to ensure early identification of violence and timely access to information and services.
The establishment and operation of CMCSs across WA is just one of many initiatives to support an integrated
response. Other strategies include:
• a standardised family and domestic violence risk assessment and management framework
• standards of practice for government and non-government agencies working with adult victims, children and
perpetrators of family and domestic violence
• review of family and domestic violence fatalities
• the development of Statewide data collection standards and processes
• co-location of child protection staff at WA Police stations
• a Statewide monitoring and evaluation framework.
Each CMCS is expected to refer regularly to the Strategic Plan to ensure that local practices and priorities remain
consistent with the Strategic Plan.
By working to achieve outcomes established in the Strategic Plan and using a common framework and tools,
CMCSs will be able to identify issues and analyse gaps and inconsistencies across the State in a way that was
not previously possible.
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Principles
CMCSs are required to work according to the following principles set out in the Strategic Plan. Each principle is
considered of equal value and importance:
1. Family and domestic violence and abuse is a fundamental violation of human rights and will not be tolerated
in any community or culture.
2. Preventing family and domestic violence and abuse is the responsibility of the whole community and requires
a shared understanding that it must not be tolerated under any circumstance.
3. The safety and wellbeing of those affected by family and domestic violence and abuse will be the first priority
of any response.
4. Perpetrators of family and domestic violence and abuse will be held accountable for their behaviour, and acts
that constitute a criminal offence will be dealt with accordingly.
5. Responses to family and domestic violence and abuse can be improved through the development of an
all-inclusive approach, in which responses are integrated and specifically designed to address safety and
accountability.
6. An effective system will acknowledge that to achieve substantive equality, partnerships must be developed
in consultation with specific communities of interest, including people with a disability, people from diverse
sexualities and/or gender, people from Aboriginal and Torres Strait Islander communities and people from
culturally and linguistically diverse backgrounds.
7. Victims of family and domestic violence and abuse will not be held responsible for the perpetrator’s
behaviour.
8. Children have unique vulnerabilities in family and domestic violence situations, and all efforts must be made
to protect them from short and long-term harm.
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2. THE GOVERNANCE
and reporting
STRUCTURE
2. THE GOVERNANCE and
reporting STRUCTURE
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The Governance and Reporting Structure
The CMCS is linked to a Statewide governance and reporting structure. The purpose of this is to ensure
consistency in the operation of CMCSs across the State and to enable the reporting of local, regional and
systemic issues to inform State planning. See Diagram 1 below for a pictorial representation of the CMCS
Governance and Reporting structure.
A description of each of the levels of the Governance and Reporting Structure is provided.
Diagram 1
Governance and Reporting Structure for Family and
Domestic Violence Case Management and
Coordination Services
Whole of
State Planning
Senior Officers’ Group
Family and Domestic Violence Case Management
and Coordination Services
Interagency Case
Management Group
Family and Domestic
Violence Coordination
Group
Department for
Child Protection
Family and Domestic
Violence Unit
Operational management
and support
Senior Officers’ Group
The Family and Domestic Violence Senior Officers’ Group (the SOG) is made up of senior representatives from
all State and Commonwealth Government agencies that have a direct or indirect responsibility for victims and
perpetrators of family and domestic violence. Representation from the non-government sector through the
Women’s Council for Domestic and Family Violence Services (WA) is also on the SOG.
The purpose of the SOG is to plan, manage and monitor a strategic across-government response to the issue of
family and domestic violence. Specific objectives of the SOG include:
• ensuring across-government coordination occurs in relation to family and domestic violence
• informing the development of the Mid-Term Progress Report and Final Report required to evaluate the
Strategic Plan
• supporting agencies to implement an integrated response to family and domestic violence across the State
• informing the development and establishment of a Fatality Review process • considering remedies to regional and systemic issues reported through the CMCSs.
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Department for Child Protection
The Department for Child Protection provides not-for-profit organisations with funding to provide family and
domestic violence accommodation, outreach and counselling services. The CMCSs will complement the suite
of family and domestic violence services already funded by the Department. This will help to achieve the
Department’s mission of providing for the protection of, and care for, children and young people, and to support
at-risk individuals and families in resolving crisis.
Family and Domestic Violence Unit
The Family and Domestic Violence Unit (the Unit) identifies, informs and monitors the development of government
policy on family and domestic violence; coordinates central and regional across-government approaches; and
facilitates community partnerships to address the issue of family and domestic violence.
The Unit is also responsible for supporting the operation of CMCSs and for developing Statewide interagency
policies, procedures and tools, which have been endorsed by the SOG to support consistent, integrated responses.
The Unit also provides secretariat support to the SOG.
Non-Government Policy and Funding Unit
The Department for Child Protection provides funding and works in partnership with the community services
sector to provide services for the protection and care of children, and to support at-risk individuals and families in
resolving crisis.
The Non-Government Policy and Funding Unit is responsible for managing the Department’s funding and contract
management arrangements for services provided by the non-government community services sector. Funded
services are aligned to the Department’s outcomes, and form a service group that share a common suite of
specification requirements according to outcome objectives, target group and service strategies. For example:
Out-of-Home Care Placement Services, Child Sexual Abuse Therapeutic Services, Homeless Accommodation and
Support Services, Financial Counselling, Domestic Violence Services and Youth Services.
The Non-Government Policy and Funding Unit also have lead responsibility for homelessness funding through
the joint Commonwealth/State National Affordable Housing Agreement and Homelessness National Partnership
Agreement.
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Family and Domestic Violence Case Management and Coordination Services
Family and Domestic Violence Case Management and Coordination Services provide the structure, processes
and tools to facilitate a significant part of the integrated response to family and domestic violence in Western
Australia.
The primary role and function of the CMCS has been standardised across the State to include:
• an interagency Case Management Group
• a Family and Domestic Violence Coordination Group.
The interagency Case Management Group is made-up of operational level practitioners who work collaboratively
to manage the risk and safety of high-risk domestic violence cases.
The Family and Domestic Violence Coordination Group is made-up of senior managers from all agencies involved
with responding to family and domestic violence. Their role is to monitor and address local, regional and systemic
barriers/issues that detrimentally affect victim safety, perpetrator accountability and the integrated response.
The issues/barriers addressed by the Family and Domestic Violence Coordination Group may be identified and
referred via the Case Management Group or from another source (for example an individual organisation). In
situations where the Family and Domestic Violence Coordination Group is unable to resolve identified issues, they
can refer to the Family and Domestic Violence Unit who will either work to resolve issues directly or refer to the
Senior Officers’ Group for consideration.
The CMCS case management and regional reporting/coordination functions are equally important to the
establishment of an integrated response and the achievement of victim safety and perpetrator accountability.
Neither of these functions alone has the capacity to improve safety and accountability for individuals, and
enhance systemic responses to family and domestic violence. Therefore for the success of the integrated
response, it is critically important that both of these CMCS functions are operational and working in partnership.
Terms of Reference
The Terms of Reference for the CMCS are as follows:
• link family and domestic violence service provider agencies together to facilitate integrated, best practice local
responses to the identification, case management, coordination and monitoring of responses to family and
domestic violence
• provide a structured forum through which Statewide protocols are followed for the sharing of information, risk
assessment and safety planning in relation to victims and perpetrators
• provide a forum for discussion, problem-solving and planning in respect to barriers and obstacles that impede
an integrated response to family and domestic violence at a regional level
• monitor family and domestic violence service delivery and be collectively accountable for the quality of
services to victims and perpetrators in the geographical area they cover
• participate in reviews and evaluations.
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Membership
It is essential that all service providers in the region that have a direct or indirect role in providing voluntary or
mandated services to family and domestic violence victims and perpetrators, participate in the CMCS.
Membership will vary from region to region depending on the agencies and organisations operating in that
location. Where the following State government agencies are operating in a region it is expected that they will
participate in the CMCS for that region:
• Department of the Attorney General
• Department for Child Protection
• Department of Corrective Services
• Department of Education
• Department of Health
• Department for Housing
• Department of Indigenous Affairs
• Disability Services Commission
• Drug and Alcohol Office
• Legal Aid Western Australia
• Western Australia Police
• Mental Health Commission.
Commonwealth Government agencies, including Centrelink and the Indigenous Family Violence Prevention Legal
Service, may also be represented depending on local requirements and circumstances.
Government agency participation in the CMCS will be endorsed by the agency’s representative on the Senior
Officers’ Group.
While the non-government organisations involved in the CMCS will vary from region to region, it is expected that
representatives from women’s refuges, domestic violence counselling and advocacy services, domestic violence
outreach services, children’s services and men’s behaviour change programs will participate.
For non-government organisations that have a primary or secondary role in addressing family and domestic
violence, the requirement for participation in their local CMCS will be included in their Service Agreements at the
time of next renewal, if it is not included in the current Service Agreement.
Memorandum of Understanding
To support agencies participation in an integrated response, a Memorandum of Understanding (MOU) has been
produced which sets out the parameters and context for sharing information. Signatories to the MOU have
committed their agency’s involvement in case management and the sharing of information pertaining to cases
assessed as high risk.
A copy of this MOU is included in Section 7.
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3.
CASE MANAGEMENT
GUIDELINES
3. CASE MANAGEMENT GUIDELINES
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Family and Domestic Violence
Case Management Groups
The Case Management Groups consist of operational level practitioner staff from the CMCS agencies who work
directly with victims and perpetrators. The Case Management Group is responsible for managing and monitoring
domestic violence cases with a focus on cases assessed to be high-risk.
For those cases that have been deemed high-risk, the Case Management Group is responsible for taking action
to reduce the risk factors identified through the assessment process. The Case Management Group is able to do
this through regular Case Management Group meetings.
The purpose of the Case Management Group meetings is to:
• share information
• determine whether the offender poses a significant risk to any particular individual or to the general community
• jointly construct and implement a safety plan to provide professional support to all those at risk, and to hold
the perpetrator accountable for abusive behaviour.
It is not practical for the Case Management Group to consider case management for all cases involving family
and domestic violence, due to the sheer number of possible referrals.
It is expected that meetings would occur at least once per fortnight while the level of imminent risk continues
to be assessed as high. The management of the case continues to be facilitated via a multi-agency approach
between meetings.
The Case Management Groups do not replace the work of individual agencies who would be expected to work
collaboratively as part of their daily work routines and respond to immediate risks.
The number of cases managed at any given time will depend on the capacity of each region to respond to
the needs of the clients. The case management function should be used as a short-term approach to risk
management, and not as a long-term approach to case management.
Who Attends?
Membership of each Case Management Group is determined according to the requirements of each case.
However the core group is likely to include:
•• the referring agency
•• Department for Child Protection
•• Western Australia Police
•• Department of Corrective Services
•• the local refuge/advocacy service
•• perpetrator program facilitators.
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Depending on the referred case and the level of involvement required, other agencies may be invited to attend the
case management meeting. This may be determined from the responses to the Previous Agency Involvement
Form or through the planning process. Case management meetings may discuss several cases, depending
on the capacity of each CMCS. Not all agencies who are involved in a case will need to attend the fortnightly
meetings, as the case management will continue outside of these meetings.
Some Case Management Group members could be involved in more than one case concurrently. Each case will
have a designated Case Manager who carries overall responsibility.
In addition to the Case Manager role, a Meeting Chair is nominated for the case management meetings and the
CMCS Coordinator may attend. A description of each of these roles is outlined below.
Case Manager
The case manager has the overall responsibility for the case including liaising with the victim and ensuring that
the victim’s experiences and opinions are represented in the case management meetings. The case manager also
retains original copies of the case management ‘paper work’.
Meeting Chair
The Meeting Chair facilitates the case management meeting. The Meeting Chair is rotated between
representatives from the core CMCS agencies.
CMCS Coordinator
The CMCS Coordinator is responsible for organising the case management and coordination group meetings. The
Coordinator also records and stores information from the case management meeting required for reporting to the
Family and Domestic Violence Coordination Group and the Department for Child Protection (Family and Domestic
Violence Unit and/or the Non-Government Policy and Funding Unit).
Case Management Guidelines
The Case Management Guidelines provide CMCS Coordinators and Case Management Groups with an outline
of the process involved with establishing risk, referring, managing and closing cases. This process includes the
following steps:
1.
2.
3.
4.
determine risk
refer
determine previous agency involvement
review all information
5.
6.
7.
8.
assign case manager
plan
review and monitor
close case.
Steps 1-3 occur prior to case management meetings and steps 4-8 occur during case management meetings.
Each of these steps is outlined in detail below, with the necessary forms and tools required to initiate this
process.
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Step One: Determine Risk
RISK ASSESSMENT
Where possible, the referring agency should complete a risk assessment using the Referral and Assessment
Form at the time of first contact with the victim.
Where the referring agency is not able to undertake a risk assessment using the Referral and Assessment
Form, they should complete what sections of the form they can using the information they have on file.
For example, Western Australia Police may determine high-risk through recidivist files. It is important to recognise that the information collected and stored on agency files does not usually give the
‘full picture’ of the situation. Agencies will only collect and document information that is needed to meet the
requirements of their mandate; for example Police collect information that assists them to gather evidence for an
arrest, and child protection services gather information pertaining to the child’s safety.
Gathering information from the victim is essential to the planning process. This information gathering is guided by
questions that are designed to assess the level of abuse and the likelihood of further abuse. Together with system
information, this information will give the Case Management Group sufficient evidence to safety plan.
Determining High-Risk
Determinations about the level of risk should be based on:
•• consideration of evidence based indicators of high-risk
•• victim’s assessment of the level of risk their partner/former partner poses
•• clinical/professional assessment (for example based on the experience and knowledge of the practitioner,
‘what is the level of risk?’).
The Referral and Assessment Form asks practitioners to consider a number of evidence-based indicators of
high-risk including escalation of the frequency and severity of the violence, use of weapons, threats to kill etc.
The referring agency will determine the degree/level of risk in the first instance and initiate the referral to
the Case Management Group via the CMCS Coordinator. The Case Management Group reviews the available
information and must decide if the case will be case managed via this process. If the group cannot come to
consensus, the process for Dealing with Differences should be undertaken.
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Referral & Assessment form
Case No.
Referral Agency
Name
Date
Additional Agency Involvement (to be completed by CMCS Coordinator)
Name
Name
Name
Name
Name
Victim
M
F
Name
Alias
DOB
/
/
Ethnicity
Address
Phone
(H)
(W)
Employer
Offender
M
F
Name
Alias
DOB
/
/
Ethnicity
Address
Phone
(H)
(W)
Employer
Children (information on ALL children required)
Name
DOB
M/F
Ethnicity
School/Day-care
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Lives With?
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Referral & Assessment form (cont.)
Aide memoir
RISK ASSESSMENT PROCESS
Risk or vulnerability factor
Presence of factor
Yes
No
Unknown
Victim
Pregnancy/new birth
Depression/mental health issue#
Drug and/or alcohol misuse/abuse
Has ever verbalised or had suicidal ideas or tried to commit suicide
Isolation
Perpetrator
Use of weapon in most recent event
Access to weapons
Has ever harmed or threatened to harm victim
Has ever raped or sexually assaulted victim
Has ever tried to strangle the victim
Has ever tried to kill victim
Has ever harmed or threatened to harm or kill children
Has ever harmed or threatened to harm or kill other family members
Has ever harmed or threatened to harm or kill pets or other animals
Has ever threatened or tried to commit suicide
Stalking the victim
Controlling behaviour
Unemployed
Depression/mental health issue#
Drug and/or alcohol misuse/abuse
History of violent behaviour (not family violence)
Relationship
Recent separation
Escalation - increase in severity and/or frequency of violence
Financial difficulties
*This tool is composed of evidence based risk indicators that, where present, suggest an increased likelihood the victim will be killed or
almost killed.
# Mental health issues such as depression and paranoid psychosis, which focus on the victim as hostile, are high when they are present
in conjunction with other risk factors, particularly a previous history of violence. The presence of a mental health issue must be carefully
considered in relation to the co-occurrence of other risk factors.
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Referral & Assessment form (cont.)
Additional information
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STEP TWO: REFERRAL
Once a case has been assessed as high-risk by the referring agency, a referral is made by forwarding the
Referral and Assessment Form to the CMCS Coordinator.
VICTIM CONSENT
Where possible, and preferably at first contact, practitioners should seek the consent of the victim to have the
case assessed for interagency case management. A Client Consent Form for Information Sharing is included
in this manual. The victim should be fully informed of the process and be kept up-to-date on the progress of the
interagency planning process. Where possible and appropriate, risk management should have the victim central
to the process.
Without victim involvement in the process, the risk to the victim may be heightened. Information provided by the
victim around what they believe their level of risk to be, is critical in planning safety interventions. Victims can
alert practitioners to situations that may pose a greater risk to their safety.
VICTIM CONSENT NOT GIVEN
Where a person is deemed to be at high-risk of harm and consent cannot be gained, agencies should refer to the
Memorandum of Understanding for information sharing in Section 7, which addresses the issue of disclosures in
the public interest.
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CLIENT CONSENT FORM FOR INFORMATION SHARING
[
] FAMILY AND DOMESTIC VIOLENCE
CASE MANAGEMENT AND COORDINATION SERVICE
Name
Address
Agency referring to the Case Management Group
We ask you for information about yourself so that we can make sure that we offer you the services, protection or
support that you may need in order to monitor and manage your safety.
To make sure it is the most appropriate and effective service for you, it may mean sharing this information or
obtaining information about you.
We will use your information to help us manage and/or plan services that will help to keep you and/or your
children safe. This will be in the form of a Case Management Safety Plan, the development of which will
involve you.
Declaration
I agree that information about me and my dependants may be used for the purposes described above.
Signed
Date
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STEP THREE: PREVIOUS AGENCY INVOLVEMENT
Following receipt of a Referral and Assessment Form, the CMCS Coordinator forwards the Previous
Agency Involvement Form including the name of the victim, dependent children and the perpetrator,
to CMCS member agencies (for example core group members and other agencies or organisations in the
area that play a role in responding to individuals affected by or perpetrating family and domestic violence).
Completed forms are returned to the CMCS Coordinator, who adds the names of agencies with previous
involvement to the original Referral and Assessment Form.
The information on the Previous Agency Involvement Form is used to inform who needs to be involved in
case management of the referred case/clients and to begin the CMCS case management process.
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PREVIOUS AGENCY INVOLVEMENT FORM
Agency name
Victim name
Perpetrator name
Child name
Child name
Child name
Child name
Child name
Child name
Date of previous involvement
Duration of previous involvement
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PREVIOUS AGENCY INVOLVEMENT FORM (cont.)
Brief description of previous involvement: (include presenting problem and response given)
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STEP FOUR: REVIEW OF ALL INFORMATION
Once steps 1-3 have been completed case management can commence. At each case management meeting all
service and agency representatives must sign the Confidentiality Declaration included in this manual.
At the Case Management Group meeting the referring agency speaks to the case, outlining the history, current
situation and risk factors.
If other agencies have been involved, they describe their involvement with the case, known risk indicators and any
information about the current situation that can inform case planning.
The Case Management Group then examines the current situation and history.
Below are examples of questions that can be asked during the case review:
•• What are the immediate safety concerns for this case?
•• What immediate action is required to protect the victim and child/ren?
•• What additional information is required to ensure the group has the full picture?
•• How will missing information be collected? For example, who will interview the victim?
•• If there was previous agency involvement, was it effective, what was it that worked well and was there
anything that could have been improved?
•• What was the victim’s perspective on previous agency involvement?
•• What does the victim say will assist her to keep her and her child/ren safe?
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CONFIDENTIALITY DECLARATION
[
] FAMILY AND DOMESTIC VIOLENCE
CASE MANAGEMENT AND COORDINATION SERVICE
Date
The Chair of the meeting reminds all concerned about the Memorandum of Understanding for Information
Sharing.
Information discussed by the agency representatives within the ambit of this meeting is strictly confidential, and
must not be disclosed to third parties without agreement of the partners of the meeting.
All agencies should ensure that the information contained within the Case Management Safety Plan/s is
retained in a confidential and appropriately restricted manner.
The purpose of the case management meeting is to:
•• share information
•• determine whether the offender poses a significant risk to any particular individual or to the general
community
•• jointly construct and implement a safety management plan and to provide professional support to all those
at risk.
By signing this document, we agree to abide to these principles.
Attendees
Name
Signature
Agency
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STEP FIVE: CASE MANAGER ASSIGNED
The Case Management Group decides whether the referring agency can act as the case manager. If it is not
within their role then a case manager is nominated.
The Case Manager ensures ongoing support is provided to the victim and represents the victim’s views to the
Case Management Group.
The Case Manager records the outcomes of the case management meeting on the Case Management Safety
Plan, which becomes the recording document that is used throughout the management of the case. The Case
Management Safety Plan is also used to monitor and review each case.
Following each meeting the Case Manager stores the Case Management Safety Plan, together with other
documentation such as the Referral and Assessment Form and the Previous Agency Involvement Forms,
on their agency case file.
The Case Manager forwards a copy of the updated Case Management Safety Plan to agencies who have key
actions following each meeting.
Please Note: The CMCS Coordinator may also retain copies of the Case Management Safety Plan, Referral
and Assessment Form and Previous Agency Involvement Forms in instances where there is irregular
attendance of the agency undertaking the role of Case Manager. In these instances the responsibility for safe and
appropriate storage of the information sits with the funded/auspice agency, meaning that the information must be
stored in line with agency policies and procedures, for example in secure premises or a locked cabinet. CMCS Coordinators should not in any circumstance undertake Case Manager responsibilities.
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STEP SIX: PLANNING
The information gained from the case review, together with the information collected on the Referral and
Assessment Form and the Previous Agency Involvement Form, is used to plan strategies for managing the
risk. All strategies developed and agreed upon by the Case Management Group are recorded on the
Case Management Safety Plan.
Questions that can be considered to inform the safety planning process include what can be provided through
the:
•• criminal justice system?
•• legal system?
•• advocacy and support system? Examples are counselling, rehabilitation and financial support
•• child protection system?
•• education system?
•• health system?
•• housing system?
By responding to the questions above, the Case Management Group can ensure the strategies developed during
the planning process consider the role and responsibilities of all agencies and service providers in responding
to family and domestic violence, and in doing so ensure that all possible opportunities for reducing risk are
considered. In addition, case planning in this way enables systemic gaps or shortfalls to be identified.
CHECKLIST FOR ACTIONS
Each strategy decided upon by the Case Management Group during the planning process must be analysed by
the Group in terms of safety and accountability. The following questions are asked for each strategy agreed upon
by the Group:
1. Does this strategy hold the perpetrator responsible for the violence?
For example, if it is a child protection issue, is the victim being made to protect the children from the abuse,
or are there strategies in place to challenge and change the perpetrator’s violent behaviour?
2. Does this strategy offer a safe alternative for the victim or does it pose risks?
What are the consequences of undertaking this action?
For example, if the victim is reluctant to take out a Violence Restraining Order, the group needs to determine
why. This is important because the victim may believe that undertaking this strategy will increase risk or
affect chances of reconciliation in the future.
The Case Management Group’s first meeting may focus on gathering the required information to inform the
planning process. Strategies may not be developed until the second meeting.
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CASE MANAGEMENT SAFETY PLAN
To be completed and retained by Case Manager
Case ID Number
Referring Agency
Client/Victim Name
Perpetrator/Offender Name
Child/ren Name/s
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CASE MANAGEMENT SAFETY PLAN (cont.)
Date
Responsible Agency
By When
Responsible Agency
By When
Responsible Agency
By When
Strategy
Strategy Outcome
Date
Strategy
Strategy Outcome
Date
Strategy
Strategy Outcome
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STEP 7: REVIEW AND MONITORING
Following the development of strategies to reduce the risk to a victim and the children, the focus of the Case
Management Group in subsequent meetings is to review and monitor the progress of those strategies.
To do this each strategy is discussed in terms of:
•• Was the responsible agency able to undertake the task assigned from the previous meeting? If not, why?
•• Has the strategy been successful in reducing risk and/or increasing perpetrator accountability?
This information is recorded in the ‘Strategy Outcome’ box on the Case Management Safety Plan.
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STEP 8: CASE CLOSURE
The case management process allows for the ongoing monitoring and review of the risk indicators to determine a
reduction or escalation of abuse. Once a case has been assessed through the assessment process as not highrisk, the case can be closed by the CMCS Case Management Group.
The assigned case manager will continue to work with the victim where ongoing support is required, following a
case being closed.
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Responding to Concerns for
Harm to Children and Young People
All CMCS member agencies have a duty of care to children and young people, to report instances of child
abuse or neglect. Cases of suspected abuse or neglect referred to or identified by the Case Management
Group should be reported to the Department for Child Protection or the Western Australia Police.
Children will be involved in a majority of cases referred to the Case Management Group. It is important that the
case management function does not undertake management of cases involving suspected abuse or neglect;
this is the role of the Department for Child Protection. In cases where the Department for Child Protection
assesses a case for support and not statutory intervention, the Case Management Group will continue to
monitor the risks to the child or young person and a referral to the Department for Child Protection may be
instigated if the risk to the child or young person escalates.
Mandatory reporting of child sexual abuse by doctors, midwives, nurses, teachers and police is in operation
in Western Australia. The Department for Child Protection or the Western Australia Police may investigate
suspected abuse or neglect. The Case Management Group should consult with the Department for Child
Protection or Western Australia Police before taking any action, as this may compromise any investigation.
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Case Management Meeting Agenda
See below a suggested standing agenda for case management meetings.
Case management meetings should be convened fortnightly.
(Name of Region) Case Management Meeting
Date and time of meeting
Venue
Present
(Name of attendee)
(Name of Department/Agency)
Apologies
(Name of attendee)
(Name of Department/Agency)
Chair: (Name of Chair of meeting)
Item 1
Confidentiality declaration completed
Item 2
Referrals presented
Item 3
Refer to and complete steps 4–8 of the Case Management procedure
Item 4
Strategies reviewed and outcomes documented
Item 5
Refer to and complete Summary Table 1: Issues/Barriers Arising during Case Management
Item 6
Ongoing monitoring and review
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4. REGIONAL
COORDINATION AND
REPORTING
4. REGIONAL COORDINATION
AND REPORTING
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Family and Domestic Violence
Coordination Group
The Family and Domestic Violence Coordination Group is comprised of senior managers from each of the
agencies participating in the CMCS in the district. The overall responsibility of the Group is to ensure a region/
district focus that contributes to achieving safety for victims and accountability for perpetrators, as outlined in the
Strategic Plan.
The Family and Domestic Violence Coordination Groups work according to the CMCS Terms of Reference. Their
specific role is to:
•• consider the framework and priorities established by the Strategic Plan and set the operational direction for
the CMCS
•• determine the number of Case Management Groups required to serve the region
•• receive and take action in relation to reports on the activities of local Family and Domestic Violence Case
Management Groups in the region
•• monitor the extent to which integrated responses through the Case Management Groups are effective
•• discuss, and where possible resolve, barriers to victim safety and perpetrator accountability identified by the
Case Management Group
•• refer barriers that cannot be addressed at a regional level to the Department for Child Protection’s Family
and Domestic Violence Unit for placement on the Senior Officers’ Group agenda
•• monitor the overall capacity of the family and domestic violence response in the region and the degree to
which it is coordinated.
The frequency of meetings is determined by local needs, but must occur at least once each quarter.
Some regions may decide to use their Human Services Regional Managers Forum or Child Safety Directors
Group to fulfil the responsibilities of the Family and Domestic Violence Coordination Group. This can be done by
placing a standing item ‘Family and Domestic Violence’ on the meeting agenda. Time must then be allocated for
the group’s family and domestic violence responsibilities, including responding to family and domestic violence
matters raised by the CMCS Coordinator or individual agencies.
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Referring Local, Regional, and Systemic Issues to the
Family and Domestic Violence Coordination Group
Defining Local, Regional and Systemic Issues
During the case management process, CMCSs will likely identify a number of different issues/barriers to victim
safety and perpetrator accountability. Important for determining how an issue is best resolved will be identifying
whether it is local, regional or systemic. Definitions of each are provided below.
Local Issue: ‘Local’ refers to issues or barriers that are unique to a particular location; for example, long waiting
lists for a particular service, transport issues, police/ambulance response times to a particular location, difficulties
keeping an individual’s location confidential.
Regional Issue: ‘Regional’ refers to issues or barriers that affect the entire CMCS district; for example, difficulty
accessing crisis accommodation due to high demand and few available beds, difficulty engaging a core agency,
reluctance to share information, no perpetrator programs in the region, inhibitive agency policy.
Systemic Issue: ‘Systemic’ refers to issues or barriers that are created by legislation or agency policies; for
example, consent required for a 72-hour police order, requirement that a Violence Restraining Order must be
served before it is activated, the priority given to family and domestic violence, workforce development and
training.
In the majority of instances local issues will be resolved by the Coordination Group and systemic issues
considered by the Senior Officers’ Group. Regional issues may be able to be addressed by the Coordination
Group, but may also be referred to the Senior Officers’ Group.
Reporting Process
1. Document Issue
In the first instance the Case Management Group should try to resolve the issue/barrier identified. For example,
if it is an issue related to information sharing and/or working relationships, this may be able to be resolved at the
practitioner level (refer to Dealing with Differences p. 43).
If the Case Management Group cannot resolve the issue/barrier, the Coordinator, with support of the group,
should record the issue in Summary Table One. The issue must be recorded in sufficient detail so a lay reader
could understand. At this point it is important for the Coordinator to identify whether this is a local issue (relevant
to just one location/town) or a regional issue (affecting the whole region).
PLEASE NOTE: If an issue is identified during a case management meeting that cannot be resolved and affects
the immediate safety of the victim, practitioners may need to seek advice from their manager/supervisor. The
Family and Domestic Violence Unit can also be contacted for guidance on how to proceed.
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2. Refer to the Coordination Group
The CMCS Coordinator or service provider should then raise the issue for discussion either at the Coordination
Group meeting or with a Coordination Group member directly. It is at the discretion of the Case Management
Group members as to whether an issue is addressed directly with an agency or whether it is tabled for the whole
Coordination Group to discuss. For example, a concern related to a drop-off in use of Police Orders could be
discussed with Police directly. A resourcing issue, for example lack of available crisis accommodation, could be
discussed amongst the whole Coordination group to explore or seek alternative solutions.
The Coordinator must record the outcomes of the Coordination Group discussions in Summary Table Two.
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Date
Location
Description Of Issue/Barrier—Local, Systemic Or Regional
No. of Cases
Impacted
Issues impeding on case management that cannot be addressed by the case management group members
This table should be used by the CMCS. The table is to be completed and retained by the CMCS Coordinator for presentation to
the Family and Domestic Violence Coordination Group.
SUMMARY TABLE 1: Issues/Barriers Arising During Case Management
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Meeting
Date
Location
Key Issues Discussed
(eg. case mgt
group or agency)
Source
Outcome
REPORTING TABLE FOR MEETINGS OF THE FAMILY AND DOMESTIC VIOLENCE COORDINATION GROUP
Refer to
FDVU
Y/N
This table is to be completed by the Coordinator following each Family and Domestic Violence Coordination Group meeting in the reporting period.
SUMMARY TABLE 2: Family and Domestic Violence Coordination Group Recording Table
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Referring Issues/Barriers to the Family and Domestic Violence Unit
The outcomes from the Family and Domestic Violence Coordination Group meetings must be recorded on
Summary Table 2 by the CMCS Coordinator. This document provides space to document each item/issue
discussed during the Family and Domestic Violence Coordination Group meeting, the outcome of that discussion
(for example whether the issue could be resolved), and whether referral to the Family and Domestic Violence Unit
is necessary.
The information recorded in Summary Table 2 should be used to inform responses in the six monthly
Progress Report.
The Progress Reports include two specific questions related to reporting regional and systemic issues
(see excerpt below).
Question 2.a.i. Please describe the current/emerging issues for the FDV Case Management Group during the
reporting period.
In this box, Coordinators should record issues/barriers to victim safety and perpetrator accountability
identified during case management.
Question 2.a.ii. Please describe how the FDV Coordination Group addressed the issues raised by the Case
Management Group.
In this box, Coordinators should record the outcomes of Coordination Group discussions,
including issues that could and could not be resolved.
Once the progress reports are received, the issues identified will be analysed to identify systemic or ‘Statewide’
issues and common themes across regions. Following this analysis, the Family and Domestic Violence Unit will
either address the issue directly (for example with a single agency or Senior Officer) and/or table the issue for
consideration by the Senior Officers Group.
Circulating Information Back to the Regions
The Family and Domestic Violence Unit will directly report to regions on progress of issues reported to the Unit
and/or to the Senior Officers’ Group. Where issues have been successfully dealt with within a region, the Family
and Domestic Violence Unit will ‘showcase’ the successful outcome to all CMCSs as examples of good practice.
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Family and Domestic Violence Coordination Group Meetings
Where the Family and Domestic Violence Coordination Groups are convened, the Group will operate its meeting
on a Standing Agenda.
Where the Case Management Groups report to Human Services Regional Managers Forums (HSRMF), a report
from the Coordinator will be a Standing Agenda Item on the HSRMF Standing Agenda. In this case only, Items 1-3
from the Standing Agenda template below will apply.
(Name of Region) Family and Domestic Violence Case Management and Coordination Group
Date and time of meeting
Venue
Present
(Name of attendee)
(Name of Department/Agency)
Apologies
(Name of attendee)
(Name of Department/Agency)
Chair: (Core group member)
Item 1
Coordinator presents report from case management meeting (Summary Table 1: Issues/Barriers Arising
During Case Management).
Item 2
Issues raised at case management meetings discussed and where possible resolved/responded to.
Outcomes of discussions should be recorded on Summary Table 2: Family and Domestic Violence
Coordination Group Reporting Table.
Item 3
Issues that cannot be resolved are documented on Summary Table 2 for reporting to the Family and
Domestic Violence Unit.
Item 4
Representative agencies report on trends and issues.
Item 5
Other business
Item 6
Next meeting
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Dealing with Differences
An interagency response to any community issue is complex. Undertaking an integrated response to family
and domestic violence brings its own unique challenges given the range of government and non-government
agencies that can be involved in responding to victims and perpetrators.
From time to time problems and issues will arise that impact on the ability of the CMCS to operate effectively.
Differences of opinion, disputes and grievances in relation to family and domestic violence issues in the region
may occur at the level of a Case Management Group or Family and Domestic Violence Coordination Group.
For CMCSs this means that differences, disputes or grievances should be negotiated at the lowest and most
informal level practical in the first instance. If this is not effective then existing grievance resolution procedures
should be followed.
There will however be instances where the issue cannot be resolved at an informal level or through existing
grievance procedures. In these cases alternative processes will be required. The attached flow chart outlines
how different disputes can be addressed. In all cases the process must be documented. Examples of dispute
resolution processes include:
•• Between a referring agency and a local Case Management Group—a referring agency disputes an
assessment of risk by a Case Management Group. Where there is disagreement around the assessment
of risk, then the matter is to be referred to the Family and Domestic Violence Unit. If the matter cannot be
resolved with the assistance of the Unit, it will be referred to the Family and Domestic Violence Coordination
Group.
•• Disputes at the level of Case Management Groups or Family and Domestic Violence Coordination Groups—
where the dispute concerns the planning and management of a case, the CMCS Coordinator is to refer the
matter to the Family and Domestic Violence Unit. If the matter cannot be resolved with the assistance of
the Family and Domestic Violence Unit, it will be referred to the Family and Domestic Violence Coordination
Group. If resolution cannot be achieved at this level, the matter should be referred to the relevant Senior
Officers’ Group member.
•• Where the dispute concerns a formal policy or procedure of an individual agency—this should be referred
to the Family and Domestic Violence Coordination Group. If resolution at this level is not achieved, the matter
should be referred to the Family and Domestic Violence Unit who will facilitate a meeting with the relevant
Senior Officers’ Group representative.
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DEALING WITH DIFFERENCES
This flow chart may help resolve practice issues. To report local, regional and systemic issues, refer to the earlier
section, ‘Referring Local, Regional and Systemic Issues/Barriers to the Family and Domestic Violence Coordination
Group’.
In all cases, the dispute resolution process must be documented.
Dispute resolution steps
The Department for Child Protection,
Family and Domestic Violence Unit
facilitates the dispute resolution
Parties who may be involved
The Department for Child Protection, Family and
Domestic Violence Unit may invite relevant Senior
Officers’ Group member/s to participate and/
or refer the dispute to the Family and Domestic
Violence Coordination Group
The person responsible asks
Department for Child Protection,
Family and Domestic Violence Unit
to facilitate the dispute resolution
Department for Child Protection, Family and
Domestic Violence Unit
The person responsible tries to
resolve the dispute using existing
grievance procedures
• Relevant Family and Domestic Violence
Coordination Group member/s
• Line managers of relevant practitioners
The person responsible tries to
resolve the dispute informally
A person takes responsibility for
resolving the dispute
• Relevant Family and Domestic Violence Case
Management Group member/s
• Relevant practitioners from referring agency
• Relevant Family and Domestic Violence
Coordination Group member/s (if dispute is
located there)
A dispute arises
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5. Transfer of client information
across regional boundaries
5. Transfer of
client information
across regional
boundaries
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Transfer of Client Information
Across Regional Boundaries
An issue that will inevitably arise is the request for information between CMCSs. This will be in part due to the
transient nature of domestic violence clients, who for several reasons will move to alternate locations.
The reasons may include:
•• the need to relocate victims for their safety
•• victims relocating for their safety without the knowledge of agencies
•• perpetrators wanting to isolate their partner
•• perpetrators moving due to agency/legal/statutory attention.
In such situations the issue of information sharing across locations requires a sensitive and considered approach
as it has the potential to pose additional risk to the victim/s.
Until such time as a tracking system can be developed to enable information to be stored and released in a
controlled way, the following procedure will be used.
Situation 1
Where a case has been actively managed by a CMCS and relocation of the victim is required to manage safety;
for example, the client agrees to, or requests relocation.
1. The CMCS uses the Referral and Assessment Form and completes a summary of the case in the
Additional Information section.
2. The Referral and Assessment Form is forwarded to the Coordinator within the region the relocation is to
occur.
3. The case is presented to the Case Management Group and undertaken within the case management process.
Situation 2
The CMCS has received a referral from an agency highlighting that it is a high-risk case and the client cannot be
located.
1. The CMCS uses the Referral and Assessment Form and completes a summary of case in the Additional
Information section.
2. Referral and Assessment Form is forwarded to CMCS Coordinators within all regions.
3. The case is presented to the Case Management Group and if the client is known to any agency, the Case
Management Group would proceed within current case management procedures as per any referral.
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6. Reporting requirements
6. Reporting
requirements
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Reporting Requirements
Each CMCS is required to provide a six monthly Progress Report to the Department on its activities,
achievements and issues, including activities of the Family and Domestic Violence Coordination Group (or
Human Services Regional Managers Forum) and the Case Management Groups. The CMCS Coordinator is
responsible for preparing this report.
From time to time the Family and Domestic Violence Unit might request additional information or data from the
CMCS.
Urgent issues can be reported directly to the Family and Domestic Violence Unit as the need arises, however the
issue and outcome must still be recorded on the Progress Report.
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7. mEMORANDUM OF UNDERSTANDING
7.
mEMORANDUM OF
UNDERSTANDING
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Memorandum of Understanding
for Information Sharing
Memorandum of Understanding
Information sharing between agencies with
responsibilities for preventing and responding to family
and domestic violence in Western Australia.
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PART 1: introduction
A key strategy of the WA Strategic Plan for Family and Domestic Violence 2009-2013 is that agencies have a responsibility
for preventing family and domestic violence, for responding when it occurs, and for working to provide integrated responses
that keep adult and child victims safe from harm, and make perpetrators accountable. An integrated response requires
agencies to work together at:
•• the local level, via Case Management and Coordinator Services (“CMCSs”) to manage, coordinate and
monitor responses to those experiencing family and domestic violence who are assessed to be at high risk of
harm from family and domestic violence; and
•• a central policy level, via a Senior Officers’ Group (“the SOG”) that meets in Perth.
A range of strategies and tools will support the work of the CMCSs at all levels, in providing an integrated response, but
fundamental to its success is a capacity for agencies to share information regarding those individuals (adults and children)
who have been assessed to be at high risk of harm from family and domestic violence.
This Memorandum of Understanding supports WA Strategic Plan for Family and Domestic Violence 2009-2013, through
formalising uniform arrangements for the exchange of information between signatory agencies. It establishes the protocols
that will govern the exchange of information between the agencies on matters of mutual interest and responsibility, in order
to address family and domestic violence in the community, reduce risks and enhance the future safety of victims.
PART 2: DEFINITIONS
Family and domestic violence is behaviour which results in physical, sexual and/or psychological damage, forced social
isolation, economic deprivation, or behaviour which causes the victim to live in fear.3
A key characteristic of family and domestic violence is the use of violence or other forms of abuse to control
someone with whom the perpetrator has an intimate or family relationship. The term domestic violence usually
refers to abuse against an intimate partner while family violence is a broader expression encompassing domestic
violence and the abuse of children, the elderly and other family members.
Aboriginal people generally prefer the term ‘family violence’. This concept describes a matrix of harmful, violent
and aggressive behaviours and is considered to be more reflective of an Aboriginal world view of community and
family healing. However, the use of this term should not obscure the fact that Aboriginal women and children
bear the brunt of family violence.
3 WA Strategic Plan for Family and Domestic Violence 2009-2013
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PART 3: Objective and outcome
The Parties agree that the following objective and outcome relate to this MOU:
•• The Objective of this MOU is to achieve standard arrangements across the State for the sharing of
information between the signatory agencies (including CMCS Coordinators) and improvements in the level
and quality of information shared.
•• The Outcome of the implementation of this MOU will be more informed and integrated responses that lead
to a reduction in incidents that harm adult and child victims, and to an increase in the accountability of
perpetrators.
PART 4: Principles
The actions of signatory agencies in relation to this MOU are underpinned by the eight principles of the
WA Strategic Plan for Family and Domestic Violence 2009-2013. The MOU intends to support the signatory
agencies to work according to the principles through promoting cooperation, respect and good will between them,
and to promote and enhance their individual and collective capacity to keep victims of domestic violence who are
assessed to be at high risk, free from harm.
Part 5: Scope
In the context of the multilateral CMCS risk assessment and case management arrangements to achieve effective
integrated responses to family and domestic violence (as described in Part 1), this MOU covers arrangements for
the sharing of information between the signatory agencies in relation to incidents of family and domestic violence,
where an assessment indicates a high level of risk to harm for adults including any children in their care.
part 6: commitment
By signing this MOU, each signatory agency is committed to:
•• working cooperatively with other signatory agencies to enhance the safety of adult and child victims of
family and domestic violence who are assessed to be at high risk of harm and to increasing perpetrator
accountability;
•• contributing to local level problem solving, should any local issues arise in the application of this MOU; and
•• contributing to the review and ongoing refinement of the MOU over time.
PART 7: PARTIES TO THE AGREEMENT
The agencies that are party to this MOU include State and Commonwealth Government agencies and
non-government organisations participating in the CMCS process.
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Part 8: Conditions applying to the provision OR EXCHANGE of information
The MOU is a statement of the intentions of the signatory agencies. It does not create a contractual relationship
and is not binding on the parties in law.
It is anticipated that in most cases, consent will have been obtained and that there will be no barriers to the
exchange of information in the circumstances outlined in this MOU. In these cases, the following conditions
(except 8.3) apply. Where consent is not obtained, then all of the following conditions will apply when information
needs to be shared in the context of incidents of family and domestic violence where an assessment indicates a
high level of risk of harm.
8.1
Subject Laws Apply
The provisions of the MOU are subject to any relevant legislation enacted by the Commonwealth or the State of
Western Australia.
8.2Confidentiality
Some information that may, from time to time, be provided or exchanged will already be on the public record and,
therefore, not be subject to confidentially requirements, or to the provisions of this MOU.
The signatory agencies to this MOU are bound by agency level policies, codes of practice and legal obligations
regarding confidentiality of personal information.
They will provide and exchange information on the understanding that (1) the other agency/agencies will maintain
the integrity of the information and treat it as confidential, unless otherwise required or allowed by law and that
(2) any breach might subject the individual to penalties as set out in the Criminal Code.
8.3
Disclosure without Consent
Good practice requires that the limitations to a commitment to confidentiality are explained to both victims and
perpetrators when they first have contact with a government or non-government provider of any family and
domestic violence related service. This should include an explanation of the circumstances in which disclosure of
personal information could occur, and preferably the signing of a release of information consent form.
The limits to confidentiality are expressed differently in relation to different agencies. They include, but are not
necessarily limited to the following:
8.3.1 S23 of the Children and Community Services Act 2004 (CCSA 2004) enables staff of the Department for
Child Protection to disclose and request relevant information involving a public authority, a corresponding
authority, a service provider or an interested person. Relevant information means information that, in
the Department for Child Protection’s opinion, is or is likely to be relevant to the wellbeing of a child or
children or to perform a function under the CCSA 2004. It also enables other public authorities, service
providers or interested persons to share information about concerns about the wellbeing of a child where
requested by the Department for Child Protection.
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8.3.2 S24A of the Children and Community Services Act 2004 (CCSA 2004) allows for the exchange of
relevant information between prescribed public authorities, provided the information is relevant to the
wellbeing of a child or a class or a group of children, without the need for the Department for Child
Protection to act as a conduit for information, where it is not otherwise necessary for the Department for
Child Protection to be involved.
8.3.3The Restraining Orders Act - Section 70A enables the Western Australian Police to exchange of
information in certain circumstances in relation to those protected by a Violence Restraining Order.
8.3.4 The Public Sector Commissioner’s Circular 2009-29 The Policy Framework and Standards for
Information Sharing Between Government Agencies which has been developed to facilitate the sharing of
information on a structured basis, particularly confidential client information.
8.3.5 Obligations under the Freedom of Information Act 2000.
8.3.6 Disclosure in the public interest, such as situations in which there is a serious threat to life.
It is recognised that some signatory agencies operate under legislation that does not include explicit
authority to share information in certain circumstances. Further direction is required and will need to be
sought by those signatory agencies, in relation to the application of the public interest test which allows
for the release of information in certain circumstances, including where there is a threat to life.
Until such direction is obtained, in situations where authority to share personal information with other
agencies has either (1) not been obtained or (2) has been refused, and the agency has information from
or about an individual that indicates a threat to life or serious harm, or in the case of children and their
wellbeing, the following arrangements will apply under this MOU.
As set out in 8.3.1 and 8.3.2 officers of both the WA Police and the Department for Child Protection
operate under legislation that enables them to share information with others in certain circumstances.
When other agencies that are signatories to this MOU have information related to a family and domestic
violence matter that gives rise to a cause for concern about a threat to life or serious harm to others and
they do not have express consent to share that information with other signatory agencies to this MOU,
they will act as follows:
•• If the matter involves a threat to the life or serious harm of an individual without children, immediate
referral will be made to the WA Police; or
•• If the matter involves a threat to the wellbeing of a child or class or group of children, immediate
referral will be made to the Department for Child Protection or the WA Police.
The Department for Child Protection employee or the WA Police officer who receives the information will refer the
case to the Interagency Case Management Group.
When an agency or case management group receives information from or in relation to a victim that indicates
that risk of harm is high, it may on occasions be necessary for that agency or the case management group to
request information from another agency that provides services to the alleged perpetrator of concern, in order to
develop a case management safety plan in relation to the victim.
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If the agency providing services to the alleged perpetrator of concern does not have legislative authority or client
consent to release the requested information, the first agency or case management group should refer their
concerns to the Department for Child Protection if a child or children are involved, and/or to the WA Police where
an adult victim is involved. Each of these agencies will use their legislative authority to undertake an investigation
in relation to the perpetrator and the risk they pose, and provide whatever information is necessary to the first
agency or the case management group so that a case management safety plan can be developed to keep the
victim safe.
8.4
Third Parties
The Parties to the MOU shall not permit access to, or release information to, a Third Party unless lawfully required
to by a Court or lawfully required or enabled to do so by statute.
8.5
Information Provided/Exchanged in Good Faith
The signatories to this MOU will provide and exchange information within the scope of this MOU in good faith, but
cannot guarantee the accuracy of the information.
8.6
Security of Information
The signatories to this MOU undertake that staff of their agencies will ensure the adequate and secure storage of
information in any form, received from another signatory agency under the auspice of this MOU.
8.7
Disposal of Information
When the information is no longer required, the signatories to this MOU undertake to destroy or dispose of the
information in compliance with the requirements of the Information Commissioner and with their agency’s records
management, retention and disposal policy and procedures.
8.8Costs
The signatories to this MOU will provide and exchange information within the scope of this MOU to other
signatory agencies at no cost.
8.9
Improper Requests
It is the duty of all signatories to this MOU to report to their agency’s representative on the Senior Officers’ Group
any request or demand for information from another signatory agency that does not comply with the spirit of this
MOU. The reporting of any such requests will contain all of the information available on the matter.
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Part 9: Information that can be provided or exchanged
9.1
Information exchange
Subject to the conditions outlined in Part 8 of this MOU and for the purposes as set out in Part 5, information
provided and/or exchanged under the auspice of this MOU must:
• relate to the identification of high risk of harm to an adult and/or to the wellbeing of child victims of family and
domestic violence; and/or
• be used to enhance capacity to support and monitor and, therefore, reduce the risk of harm; and/or
• where relevant, increase perpetrator accountability.
On a case by case basis, information that can be provided or exchanged will include, but not necessarily be
limited to, the following:
• basic demographic information (eg. names, ages and address of the victims and perpetrator);
• known details of family circumstances including, but not limited to, any criminal and civil history of violence;
• qualitative information provided by the victim or another party who is concerned about the victim;
• any special issues that might be contributing to the risk of harm (eg. cultural factors, mental health, substance
misuse or other medical issues);
• criminal histories that (1) have been taken into account in determining that a high level of risk exists for the
adult and/or child victims, and/or (2) indicate a potential risk of harm to a worker who will become involved as
a result of the information provision or exchange;
• the information and circumstances that have led the referring agency to assess the individual/s to be at high
risk of harm;
• details of violence or any other restraining orders that are in place; and
• any other information that might contribute to reducing the risk of harm to victims.
9.2
Forms in which information may be exchanged
Information may be exchanged at the request of any CMCS member agency/agencies to one or more other
member agencies, or by joint initiative, as part of a strategy to keep victims safe and perpetrators accountable.
The information may be exchanged verbally, in writing or electronically. Where information is exchanged verbally,
agencies should note, in writing, as soon as is practical, that the information exchange has occurred.
Part 10: Dispute resolution
Matters of dispute between any signatory agencies should, in the first instance, be negotiated at the lowest and
most informal level practical, between officers of those agencies at the operational level where the dispute has
arisen. If resolution at that level is not achieved, the dispute should be referred, in writing, to the relevant Senior
Managers of the agencies in dispute.
If resolution at senior management level is not possible, the matter should be referred, in writing, to the
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Chairperson of the Senior Officers’ Group via the Department for Child Protection’s Family and Domestic Violence
Unit. The Chairperson will convene and chair a small Dispute Resolution Group with the Senior Officers’ Group
representatives from the agencies involved in the dispute and a representative from each of two agencies that
are signatories to this MOU but who are not involved in the dispute. The findings and recommendations of the
Dispute Resolution Group will be binding on the agencies involved in the dispute.
PART 11: REVIEW
The MOU will be formally reviewed by the participating agencies, under the leadership of the Senior Officers’
Group, every 12 months from the date of commencement or at any other time at the request of any of the parties
to the MOU.
PART 12: VARIATION
This MOU will not be altered, varied or modified in any respect, except by agreement in writing by all parties to
the MOU.
PART 13: COMMENCEMENT, DURATION AND TERMINATION
This MOU shall take effect from the date it is signed by all parties to the MOU and will remain in effect indefinitely.
Any party may terminate the MOU by providing 30 days written notice to the other parties.
PART 14: SIGNATORIES
In the spirit of cooperation and collaboration in which this MOU has been entered into and with the mutual
understanding that this is a voluntary working agreement, the following individuals acting on behalf of their
respective agencies accept the terms and conditions stated in this MOU.
(Details of signatories will be sent to relevant agencies)
56 The Western Australian Case Management and Coordination Service GOVERNANCE AND OPERATIONS MANUAL
8. Family and Domestic Violence
Case Management Forms
8. Family and
Domestic Violence
Case Management
Forms
Referral & Assessment form
Case No.
Referral Agency
Name
Date
Additional Agency Involvement (to be completed by CMCS Coordinator)
Name
Name
Name
Name
Name
Victim
M
F
Name
Alias
DOB
/
/
Ethnicity
Address
Phone
(H)
(W)
Employer
Offender
M
F
Name
Alias
DOB
/
/
Ethnicity
Address
Phone
(H)
(W)
Employer
Children (information on ALL children required)
Name
DOB
M/F
Ethnicity
School/Day-care
Lives With?
57
Referral & Assessment form (cont.)
Aide memoir
RISK ASSESSMENT PROCESS
Risk or vulnerability factor
Presence of factor
Yes
No
Unknown
Victim
Pregnancy/new birth
Depression/mental health issue#
Drug and/or alcohol misuse/abuse
Has ever verbalised or had suicidal ideas or tried to commit suicide
Isolation
Perpetrator
Use of weapon in most recent event
Access to weapons
Has ever harmed or threatened to harm victim
Has ever raped or sexually assaulted victim
Has ever tried to strangle the victim
Has ever tried to kill victim
Has ever harmed or threatened to harm or kill children
Has ever harmed or threatened to harm or kill other family members
Has ever harmed or threatened to harm or kill pets or other animals
Has ever threatened or tried to commit suicide
Stalking the victim
Controlling behaviour
Unemployed
Depression/mental health issue#
Drug and/or alcohol misuse/abuse
History of violent behaviour (not family violence)
Relationship
Recent separation
Escalation - increase in severity and/or frequency of violence
Financial difficulties
*This tool is composed of evidence based risk indicators that, where present, suggest an increased likelihood the victim will be killed or
almost killed.
# Mental health issues such as depression and paranoid psychosis, which focus on the victim as hostile, are high when they are present
in conjunction with other risk factors, particularly a previous history of violence. The presence of a mental health issue must be carefully
considered in relation to the co-occurrence of other risk factors.
58
Referral & Assessment form (cont.)
Additional information
59
CLIENT CONSENT FORM FOR INFORMATION SHARING
[
] FAMILY AND DOMESTIC VIOLENCE
CASE MANAGEMENT AND COORDINATION SERVICE
Name
Address
Agency referring to the Case Management Group
We ask you for information about yourself so that we can make sure that we offer you the services, protection or
support that you may need in order to monitor and manage your safety.
To make sure it is the most appropriate and effective service for you, it may mean sharing this information or
obtaining information about you.
We will use your information to help us manage and/or plan services that will help to keep you and/or your
children safe. This will be in the form of a Case Management Safety Plan, the development of which will
involve you.
Declaration
I agree that information about me and my dependants may be used for the purposes described above.
Signed
Date
60
PREVIOUS AGENCY INVOLVEMENT FORM
Agency name
Victim name
Perpetrator name
Child name
Child name
Child name
Child name
Child name
Child name
Date of previous involvement
Duration of previous involvement
61
PREVIOUS AGENCY INVOLVEMENT FORM (cont.)
Brief description of previous involvement: (include presenting problem and response given)
62
CONFIDENTIALITY DECLARATION
[
] FAMILY AND DOMESTIC VIOLENCE
CASE MANAGEMENT AND COORDINATION SERVICE
Date
The Chair of the meeting reminds all concerned about the Memorandum of Understanding for Information
Sharing.
Information discussed by the agency representatives within the ambit of this meeting is strictly confidential, and
must not be disclosed to third parties without agreement of the partners of the meeting.
All agencies should ensure that the information contained within the Case Management Safety Plan/s is
retained in a confidential and appropriately restricted manner.
The purpose of the case management meeting is to:
•• share information
•• determine whether the offender poses a significant risk to any particular individual or to the general
community
•• jointly construct and implement a safety management plan and to provide professional support to all those
at risk.
By signing this document, we agree to abide to these principles.
Attendees
Name
Signature
Agency
63
CASE MANAGEMENT SAFETY PLAN
To be completed and retained by Case Manager
Case ID Number
Referring Agency
Client/Victim Name
Perpetrator/Offender Name
Child/ren Name/s
64
CASE MANAGEMENT SAFETY PLAN (cont.)
Date
Responsible Agency
By When
Responsible Agency
By When
Responsible Agency
By When
Strategy
Strategy Outcome
Date
Strategy
Strategy Outcome
Date
Strategy
Strategy Outcome
65
66
Date
Location
Description Of Issue/Barrier—Local, Systemic Or Regional
No. of Cases
Impacted
Issues impeding on case management that cannot be addressed by the case management group members
This table should be used by the CMCS. The table is to be completed and retained by the CMCS Coordinator for presentation to
the Family and Domestic Violence Coordination Group.
SUMMARY TABLE 1: Issues/Barriers Arising During Case Management
67
Meeting
Date
Location
Key Issues Discussed
(eg. case mgt
group or agency)
Source
Outcome
REPORTING TABLE FOR MEETINGS OF THE FAMILY AND DOMESTIC VIOLENCE COORDINATION GROUP
Refer to
FDVU
Y/N
This table is to be completed by the Coordinator following each Family and Domestic Violence Coordination Group meeting in the reporting period.
SUMMARY TABLE 2: Family and Domestic Violence Coordination Group Recording Table
9. References
9. REFERENCES
Case Management and Coordination Service
GOVERNANCE AND OPERATIONS MANUAL
References
Framework and plans
Department for Child Protection 2009, WA Strategic Plan for Family and Domestic Violence 2009-2013,
Department for Child Protection, Western Australia.
Department for Child Protection 2011, The Western Australian Family and Domestic Violence Common Risk
Assessment and Risk Management Framework, Department for Child Protection, Western Australia.
Legislation and Memorandum of Understanding
Children and Community Services Act 2004 (WA)
Privacy Act 1988 (Cwlth)
Privacy Amendment (Private Sector) Act 2000 (Cwlth)
Restraining Orders Act 1997 (WA)
Department for Child Protection 2011, Memorandum of Understanding: Information sharing between agencies
with responsibilities for preventing and responding to family and domestic violence in Western Australia,
Department for Child Protection, Western Australia.
Publications
Pence E, Mitchell S, Aoina A 2007, Western Australian Safety and Accountability Audit of the Armadale Domestic
Violence Intervention Project, Department for Communities, Western Australia.
Policy Directorate 2003, Information Sharing Between Government Agencies, Department of the Attorney
General, Western Australia.
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Family and Domestic Violence Unit