Queensland’s First Nations people are familiar with QIFVLS legal and case management work, representing and supporting those in our communities who are experiencing domestic and family violence. We also have a strong profile for our high-level advocacy work, as featured in previous editions of Our Communities Matter. What is certainly less well known is our engagement with research, developing the rich data streams and intersectional frameworks that will, overtime, deliver meaningful outcomes for Indigenous people who experience violence in relationships.
QIFVLS Board Member and academic Marlene Longbottom, a Yuin woman from the Wandi Wandian people on the NSW South Coast, is a passionate believer in the power of research and data to improve the lives of people within our community.
Marlene, who has lived in Brisbane, Rockhampton, Cairns and Thursday Island for over 30 years, is currently engaged on two important research programs. She is leading a project titled Navigating the Carceral Interface (NCI) and is an Associate Investigator on the Centre of Excellence for the Elimination of Violence Against Women. QIFVLS is a Community Partner to both projects.
As a survivor of violence herself, Marlene is passionate about driving change. Her involvement in these research projects comes off the back of her PHD, named ‘We are strong women’ which explored the stories of women who had survived violence, trauma and inequality, and yet had risen above it all.
Her NCI research is now one year into a five-year project focussing on the role and value that Indigenous organisations in Queensland’s regional and remote areas bring to young Indigenous people between the ages of 10 to 24 who come into contact with the four key agencies of government: education, health, child protection and the criminal legal system.
For the purposes of her research, Marlene will be working alongside four Indigenous community-controlled organisations in regional Queensland including QIFVLS, Deadly Inspiring Youth Doing Good (DIYDG), Thursday Island Community Justice Group and Darumbal Youth Services.
The organisations that Marlene has included each provide different but equally important services to the community and specifically within the 10 to 24 age group who are most likely to encounter the criminal legal system. The objective of Marlene’s research is to document the important role these four organisations play as well as develop a model for the future.
Through their involvement in the project, the four organisations also stand to benefit directly from their participation. Over the term of the research, Marlene expects to have built a deep, multi-layered case study for what each organisation does and how their work benefits young indigenous people – which the organisations can utilise when lobbing for additional funding and to assist with their strategic planning.
Marlene describes her work as being multi-disciplinary, including historic, archival and coronial research that combine both qualitative and quantitative techniques: ‘I do archival research, which is more around the history. I also do community-based research, working with organisations on their service provision and models of care. That includes talking to a range of people such as clients, Board Members or stakeholders. With an organisation such as QIFVLS, I look at the quantitative data, such the numbers of new referrals or what sort of new clients have come in.
Being a researcher, I do a lot of reading to get a deeper understanding of the matter. For instance, with any the new changes to legislation, I have to think about what that actually means and how our communities will interact with these systems.
And then I look at qualitative research, including yarning, which is a validated research method. With qualitative research methods, I also include narrative inquiry and understanding people’s stories, bringing in Indigenous research methods’.
Marlene says her NCI research will be a four phase program. The first part, to be submitted in May 2024, includes accessing publicly available and government administrative data. She is also preparing the ethics application and doing a systematic literature review.
The second phase focusses on participation and observation, and includes wide ranging interviews and yarning circles. Marlene also hopes to gain access to the courts for this phase to observe first-hand how young people are supported through the system. She will be encouraging young people who are involved with the carceral system to express themselves through creativity and art. As Marlene explains: ‘We’ve got a creative component for young people to participate in, called ‘Photovoice’. It’s a really good way to help them to express their issues by simply taking a picture and describing what it means to them. It’s a novel way of ensuring young people are engaged in the research process’.
Phase three involves Marlene synthesising the collected data and collaborating with the Community Partners to co-design a model for the future.
In the fourth and final phase of the research program, she will be introducing it into an international context, with her existing connections in Hawaii, to understand whether this model can be utilised beyond Queensland where youth encounter the carceral systems.
In addition to her research work, Marlene is also writing a book to be named ‘Silent no more’. The book, to be released later this year, tells the stories of 17 Aboriginal and Torres Strait Island women and is the culmination of 10 years of her research. Marlene says it will be a book about strength and survival, and one that other Aboriginal and Torres Strait Islander communities will be able to utilise in various ways. The book is written for survivors, as well as telling the stories of three Indigenous women who have been murdered due to domestic violence. Marlene says “this book is about bringing forth the voices of community, so that people understand that we will be – Silent No More”.
National reforms to the Family Law Act, coming in effect this May, will have significant implications for many Aboriginal and Torres Strait Islander families and specifically for their children.
The Family Law Amendment Act 2023 aims to assist courts and parents to resolve parenting disputes safely, efficiently and with a clear focus on the best interests of the children involved.
The reforms remove the ‘presumption of equal shared parental responsibility’, which has often been misunderstood as meaning parents have a right to equal shared time. This has allowed some parents to be coerced into agreeing to equal time arrangements that are unsafe.
This amendment makes it clear that all decisions about parenting arrangements should be based on what arrangements best meet the needs of the individual child. The reforms also include a broader definition of ‘member of the family’ that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship as well as the court being able to take into account the rights of Aboriginal and Torres Strait Islander children to be able to enjoy their culture. This amendment should prevent Aboriginal and Torres Strait Islander children being disassociated from their community, culture, country and language. Given the diversity of nations, clans and language groups across the breadth of Queensland, mediating and coming to an agreement as to what is in the child’s best interests will in some instances be highly complex.
As QIFVLS’ Principal Legal Officer Thelma Schwartz said in a recent webinar hosted by the Attorney General’s Department: ‘I would probably highlight the importance and paramountcy of safety in relation to the prevalence, where it arises, of domestic and family violence in a particular case, and this probably becomes quite a thorny issue when we’re balancing these factors. Considering the cultural connection of the child is a factor that must be considered and weighed up, in arriving at ultimately what is in their best interest. I always struggle with this in particular when I look at our clients and the vast expanse of Queensland. When we talk about culture, one cannot assume that both parents in a relationship that is breaking up come from the same culture, kin group or community. And for example, I might have a relationship with one of the parties that might be from Brisbane, where they’ve got family. The other party might have kin connection or cultural connection to Saibai Island in the Outer Torres Strait. So you have to be a thorough and forensic practitioner when you’re taking instructions and asking around culture, and doing it in a respectful way.
I look at the horrendous rates of domestic and family violence that’s occurring with our women, particularly the policy tensions in this country, and that for me is a really big one. Looking at young children who are exposed to that, because if you don’t take that into account, more often than not, you will see the intervention of your relevant department of child safety because it’s exposing children to harm.
So when you’re going through this as a family law practitioner, you look at those other intervention points, and ultimately what is going to serve to be in the best interest of that young person when an order is sought’.
While dealing with family law matters of this cultural complexity and nuance is familiar territory for the QIFVLS team, for family law practitioners from the non Aboriginal and Torres Strait Islander community, further training will be essential. Cultural training, such as the Attorney General Department’s webinar series, is vital to highlight that a ‘one size fits all’ approach to dealing with Aboriginal and Torres Strait Islander people is ineffective, to teach skills such as Active Listening and to appreciate the great diversity of Being and Doing within Queensland’s vast multitude of clans.
The QIFVLS team are always delighted to share our stories from the front line, with the real identities and locations changed for privacy. This month, OCM is fortunate to report on a story from the Cairns office. Their client, Shanice*, had three children aged 16, 9 and 5 that were subject to an Application for a Court Assessment Order. The concerns alleged by Child Safety related to Shanice’s alcohol misuse, reports of domestic violence and her unstable housing situation.
The Cairns team provided advice to the client, discussed her current circumstances and took instructions to contest the application for a Court Assessment Order. Shanice responded to QIFVLS that she not been in a relationship with her previous partner for some time, and that in fact he was now no longer living in the same community. She had also been receiving domestic violence counselling. In relation to Child Safety’s concern about her unstable housing, Shanice was able to confirm that she had being living in her current home for a number of years and that hers was the only name on the lease.
A QIFVLS solicitor and case management officer team worked closely with our client during this time and confirmed her participation in an alcohol and other drugs programs. A number of support letters were obtained from services that she had been engaging with that would support her case. Shanice had also referred herself to the mental health nurse in her region for additional support in avoiding alcohol misuse.
At Shanice’s hearing, the Magistrate was not satisfied to make a custodial Court Assessment Order and the children returned to her that day.
Happily, in the twelve months since this matter was resolved, Shanice has continued to provide a loving, stable home for her children who are now settled at school. She also continues to engage with relevant support services. QIFVLS has since been advised by Child Safety that they will not be pursuing any further court order intervention at this time
OCM Hi Brandon, thanks for chatting to OCM and agreeing to tell us a little bit about yourself. Where did it all start for you?
Brandon I’ve always lived in Brisbane. I was born and raised in South Brisbane. Growing up I had a pretty supportive family. A lot of my family lived in Brisbane, so we spent many weekends with family and cousins. I’ve got an older brother. He had a baby girl last year and they’re expecting another this September. I’ve got the older brother and two parents and a lot of extended family around Brisbane as well. On weekends growing up would spend a little time on the Gold Coast because we were only 40 minutes away or so. And we liked spending time outdoors. I was the first sort of person in my immediate family to go to uni, so they were quite supportive of me.
OCM Did you intend to study law when you were still at school?
Brandon. In grades 10, 11 and 12 I did legal studies as a subject and found I was quite good at it, and found it interesting as well. And then in grade 12 I was selected to complete a university subject at UQ. Then, for some reason, I decided to do psychology for a year after I graduated but realised that it wasn’t for me. It was good though and I picked up interpersonal skills even though I didn’t finish it.
When I did my stint at UQ I was a bit scarred by their teaching style, which put me off from going into law slightly, but ultimately I think I’d always known that’s what I wanted to do.
OCM And so where did you go after you graduated?
Brandon During university I was volunteering at local law firms, trying and get as much experience as I could. And then in 2016, while I was still at university, I got the job at QIFVLS, where I started as a paralegal and worked my way up to a solicitor position two years later. During my sort of final years of study QIFVLS were very supportive and would allow me to have time off during assessment periods and my practical legal training.
OCM And what appealed to you about working with QIFVLS?
Brandon I’ve always been interested in family law and domestic violence. I feel like those are two areas where people genuinely struggle and often going through the most difficult experience they’re going to have in their life. I’ve always been passionate about social justice and making legal services and the justice system accessible to people. I’m now at a stage where I understand the law and the court process yet its such an unknown and big thing to someone who doesn’t have that understanding so I want to share that knowledge and assist people in crisis.
OCM Clients would find your advice very reassuring.
Brandon Sometimes clients may not want to hear what I’m telling them. But unfortunately, that’s just part of our job. It’s just part of the advice we need to provide.
OCM How do you enjoy working in Brisbane, and of course in the regional offices where you also practice?
Brandon Brisbane is really good – we’re lucky that we have so many services that we can refer people to. Clients may have four different service options, or not be required to travel two hours to attend a parenting program for example. Mt Isa, by contrast, is quite limited in the counselling services that are available. I really do like working up in our regional offices, but there is the issue of access to justice and to support services they face out there.
OCM Would you have any suggestions or improvements that you would like to make to regarding our services?
Brandon We do need more funding so we can provide better services and more support to our clients, such as opening a file for everything -taking it from the start of the matter through to mediation procedures. Then after court, looking at appeal prospects as well.
OCM What are your when you’re not working, how do you like to spend your time?
Brandon I like being outside, going to the beach or hiking. But I’m also a fan of spending an entire day on the lounge watching Netflix or some reality TV trash. I’ve got my little fur child as well, Theo, my miniature poodle. He takes up a lot of my time.
OCM Thanks Brandon.
When an individual or organisation makes a tax deductible donation to QIFVLS, they can be confident that their funds are going towards making a tangible difference to the safety and welfare of Aboriginal and Torres Strait Islander people experiencing or at risk of domestic and family violence.
Our team are grateful for all donations that help our not-for-profit organisation to continue offering this critical service. Donations of $1,000 or more help fund outreach services to some of Queensland’s most remote ATSI communities.
Are you in search of a rewarding profession that will take you on journeys through the breathtaking landscapes of Queensland? One that promises not only career advancement and skill enhancement, but also attractive perks, substantial travel allowances, and one-of-a-kind professional adventures? Are you drawn to a career that enables you to make a positive difference in the lives of others?
Look no further – your new career awaits you! At QIFVLS, we are dedicated to combating Family and Domestic Violence within Aboriginal and Torres Strait Islander Communities. Our methods encompass education, advocacy, legal reform, court support, and casework assistance. By focusing on early intervention and prevention, our aim is to empower individuals impacted by Family Violence to regain control over their lives. We are in search of outstanding and dynamic individuals who can join us in achieving this mission.
If you envision yourself fitting into this scenario, we encourage you to see what’s available here.
