Intervention orders rising against young Victorians
Victoria Legal Aid
New research from Victoria Legal Aid (VLA) shows intervention orders are rising against children and young people in Victoria.
Our report, Feeling Supported not stuck: rethinking intervention orders for children and young people, examines available data from courts and police and our own service data. We also reviewed 101 closed legal files from children responding to Family Violence Intervention Orders (FVIO) and Personal Safety Intervention Orders (PSIO) and spoke to children and families who had gone through the legal process.
Our service data shows there has been a 34 per cent increase in children accessing legal assistance for intervention orders over six years, from 2018 to 2024. Assistance for children responding to PSIOs alone has nearly doubled in the same period.
‘Victoria’s intervention order schemes were primarily designed for adult family violence situations or stalking and harassment and can be an important tool to help victim-survivors achieve safety. But with intervention orders increasingly being used against children and young people, it is important to look at whether they are appropriate or effective in these cases,’ said Elicia Savvas, Associate Director, Children’s Law.
Our report shows children who are victim survivors of family violence, who live with disability, neurodiversity, or mental health issues, and First Nations children, are significantly more likely to be respondents to intervention orders. Children living in regional areas are also disproportionately affected. A third of our clients facing intervention orders were aged 10 to 14.
‘We question whether these children, most of whom also live with disability or have faced some sort of trauma, can fully understand and follow these orders,’ Elicia said.
‘What’s needed is sustainable, wrap-around support to address children and family’s needs, resolve disputes and repair harm. We also support changes to the law so young children can’t be given intervention orders.’
Family Violence Intervention Orders used instead of supports for families in crisis
In almost half of the FVIO files reviewed, the intervention order related to a behavioural outburst linked to the young person’s disability. This was often in connection with fights between children and their parents over screen time and internet usage.
‘We spoke to families who reached out to services for help with their child’s behaviours and could not get the support they needed. Often in a moment of crisis, they felt they had no other choice but to call police. These families said they were seeking de-escalation and support. They often didn’t support legal action being taken against their child and said the intervention order didn’t help them get access to support,’ said Elicia.
‘We’re concerned about the high rates of children with disabilities and mental health issues who are pushed into the family violence legal system, because there currently isn’t a specialised policing response for children and young people when families call for help.’
Data from the Crime Statistics Agency shows about 53 per cent of child respondents to FVIOs are themselves victim survivors of family violence, which suggests much more needs to be done to help children to heal and recover from their experiences of childhood trauma.
Rising Personal Safety Intervention Orders linked to issues at school
Our report shares new evidence that in the aftermath of the COVID-19 pandemic, school disputes are a large contributor to rising PSIOs between young people. Our file review showed most of the PSIO applications against children related to disputes between classmates and involved one-off verbal and physical fights and online incidents.
‘When we looked at our PSIO files we saw that many of these incidents were the result of retaliation to bullying our clients reported experiencing. But as children are often not present at court when an order is made, the PSIO process does not always help uncover or address the root causes of the dispute,’ Elicia said.
We also found that intervention orders can have serious impacts on young people’s access to education. This included missing some school, changing schools or leaving school altogether.
‘The high number of school-related PSIOs confirms there are really difficult issues that school communities are dealing with, but intervention orders won’t solve these issues,’ said Elicia.
‘There needs to be more resourcing and programs to mediate peer disputes and offer restorative options, outside of the justice system.’
We note the federal Anti-Bullying Rapid Review is due to make recommendations on a new national standard to address the complex social issue of bullying.
Children left out of court processes
Many intervention orders are made without the young respondent present at court and without them having the chance to get legal advice. This puts them at risk of breaching an order they may not understand and means their perspectives aren’t heard when important decisions are made.
‘When children’s voices are heard in court, decisions are better informed and lead to safer and fairer outcomes for families and communities. So, it’s really concerning that 70 per cent of children in our file review with an interim order were not at court when the order was made,’ said Elicia.
If a child does not follow the rules on an intervention order, even by accident because they struggled to understand the order, they may be charged by police with breaching the order, a criminal offence. This can have a devastating impact on a child’s life.
The stories from our young clients and their families and our data analysis show that the intervention order system needs a rethink for young people. We’re recommending that in most cases children and young people receive support for the issues they’re facing, rather than an intervention order process that doesn’t address the drivers for their behaviour.
‘This research shines a light on complex social issues that are affecting children and families, which need action at multiple levels. Changes to legislation and police practice are vital, but fundamentally we need to pivot from a legal response, to a health and early intervention response that can address the issues children and families face.’
ENDS
Elicia Savvas is available for comment. Spokespeople from other community organisations who work with children and families are also available.
Contact details:
Acting Media, Communications and Engagement Manager Crys Ja tel: 0457 483 780 email: [email protected]