4533.0 - Directory of Family and Domestic Violence Statistics, 2011
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 22/11/2011
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JUSTICELINK, NSW
DETAILED METADATA Contact Data custodian: NSW Bureau of Crime Statistics and Research (BOCSAR) Contact: Deputy Director Address: GPO Box 6, SYDNEY, NSW, 2001 Telephone: 02 9231 9190 Facsimile: 02 9231 9187 Email: bcsr@agd.gov.au Internet: www.bocsar.nsw.gov.au Publications http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/CCS2010.pdf/$file/CCS2010.pdf http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/pages/bocsar_court_stats http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/pages/bocsar_publication Purpose To record information about people appearing before the NSW justice system. Description Justicelink is an electronic system which links all NSW courts onto the one computer platform. Collection Type Administrative by-product Family and Domestic Violence related content (data items collected)
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.
Collection methodology 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 court defendants. Coverage Civil matters are recorded in Justicelink, however only data relating to criminal matters are available through BOCSAR. Geographic coverage and disaggregation New South Wales Data available for: New South Wales Local Government Area (LGA), subject to confidentiality and data quality Other - Statistical Division, subject to confidentiality and data quality Frequency / Timing Updated daily. Courts data published annually, and additional data are published ad hoc. Collection history 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 have been 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 (ABS cat. no 4529.0), rather than the 1997 version used previously. 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 alone cannot be used to identify them before 23 July 2007 and between 10 to 28 March 2008. Other details: n/a Data availability / Dissemination Access to unpublished data may be available on request. Other data sources held by this agency Computerised Operational Policing System (COPS) Has this data source changed? Contact the ABS to report updates or corrections to the information above.
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