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To record information about people appearing before New South Wales criminal courts.
Justicelink is an electronic system which links all New South Wales courts onto the one computer system. Unit record data from this system is provided to BOCSAR for the compilation of statistics.
DEFINITION OF FAMILY AND DOMESTIC VIOLENCE
Family and domestic violence is defined in accordance with the Crimes (Domestic and Personal Violence) Act 2007. This Act creates a specific “domestic violence offence” which is defined as “a personal violence offence committed by a person against another person with whom the person who commits the offence has or has had a domestic relationship.”
A person is deemed to have a domestic relationship with another person under this Act if the person: (a) is or has been married to the other person, or
(b) is or has been a de facto partner of that other person, or
(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
(d) is living or has lived in the same household as the other person, or
(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987, or
(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person, or
(g) is or has been a relative of the other person, or
(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.
Personal violence offences are defined as:
(a) an offence under, or mentioned in, section 19A, 24, 26, 27, 28, 29, 30, 31, 33, 33A, 35, 35A, 37, 38, 39, 41, 44, 46, 47, 48, 49, 58, 59, 61, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D, 66EA, 80A, 80D, 86, 87, 93G, 93GA, 195, 196, 198, 199, 200, 562I … or 562ZG of the Crimes Act 1900, or
(b) an offence under section 13 or 14 of this Act [stalking / intimidation or contravene apprehended violence order], or
(c) an offence of attempting to commit an offence referred to in paragraph (a) or (b).
Separate law part codes have been created to capture this range of new domestic violence offences. Using separate law part codes for each of the domestic violence offences will allow for these offences to be recorded on offender’s criminal records and also will allow for them to be separately identified in future court statistics.
Aspects of family and domestic violence captured included are:
RELATIONSHIP TO DEFINING THE DATA CHALLENGE FOR FAMILY, DOMESTIC AND SEXUAL VIOLENCE (cat. no. 4529.0)
The summary table below is designed to indicate the amount of information available for each of the six elements outlined in Defining the Data Challenge for Family, Domestic and Sexual Violence, 2013 (cat. no. 4529.0). This is a subjective assessment made by the ABS about the data collected and is not an indication of data quality.
The following tables provide a detailed analysis of the availability of specified data elements in the data source. The data items have been grouped into four counting units:
3. Incident/Event; and
Tables are absent from the entry in cases where the data source contains no data items which relate to the particular counting unit/s.
Please note: This data source does not contain any data items relevant to this counting unit.
Prior to the implementation of Justicelink, data were either entered into the General Local Court (GLC) system or BOCSAR staff manually recorded details directly from the Court Attendance Notice (for non-GLC courts). Court staff and Judges Associates are now responsible for entering results, with BOCSAR validating and auditing the data.
The counting unit is the number of persons in finalised cases. Each person record now includes all charges that the person had finalised on the same date (regardless of whether or not they were registered on the same date). A person with charges finalised on two dates is reported as two persons.
SCOPE / TARGET POPULATION
New South Wales criminal court defendants.
Civil matters are recorded in Justicelink, however only data relating to criminal matters are available through BOCSAR.
DATA AVAILABILITY / DISSEMINATION
NSW Criminal Court Information
Collection commenced: Justicelink was implemented in the District and Supreme Courts in February 2008, and was operating in all Local Courts from December 2009. Prior to this, data were collected by BOCSAR and are available electronically back to 1994.
Breaks in series: yes.
In 2009 there were significant changes to the way court data is both collected and counted which have affected the continuity of some published data. From 2009, offences are classified using the Australian Standard Offence Classification (ASOC) 2008 (cat. no 1234.0), rather than the 1997 version used previously. Breaches of both apprehended domestic and personal violence orders are classified in group 1531 Breach of Violence orders.
There has been inconsistent treatment and incorrect classification of breach AVO offences in the Law Part Codes database:
These changes mean that any breaches of Domestic Violence Orders that took place between 12 March and 22 July 2007 and between 10 March and 28 March 2008 cannot be identified separately from breaches of Personal Violence Orders using law part code. It also means that ASOC/ANZSOC alone cannot be used to separately identify breaches of ADVO from breaches of APVO.
Other details: n/a
OTHER DIRECTORY DATA SOURCES HELD BY THIS AGENCY
Computerised Operational Policing System (COPS)
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