Common interpretative framework

12.10 As discussed in Chapter 3, neither the Family Assistance Act nor the Family Assistance (Administration) Act provides a definition of ‘family violence’. The Family Assistance Guide also leaves the term undefined, although as noted in Chapter 5, the Guide to Social Security Law, which is also hosted on the FaHCSIA website, contains a definition of family violence.^[21]

12.11 Proposals 3–3 and 3–4 state that family assistance legislation should provide a definition of family violence, and set out the proposed definition. The ALRC also considers that the Family Assistance Guide should include:

• the definition of family violence provided in Proposal 3–1; and

• a description of the nature, feature and dynamics of family violence, including: while anyone may be a victim of family violence, or may use family violence, it is predominantly committed by men; it can occur in all sectors of society; it can involve exploitation of power imbalances; its incidence is underreported; and it has a detrimental impact on children. In addition, the Family Assistance Guide should refer to the particular impact of family violence on: Indigenous peoples; those from a culturally and linguistically diverse background; those from the lesbian, gay, bisexual, trans and intersex communities; older persons; and people with disability.

12.12 These additions to the Family Assistance Guide are desirable for the reasons set out in relation to the Child Support Guide in Chapter 9. These measures are complemented by the proposal in Chapter 4 regarding the development of a protocol, applicable to the Family Assistance Office, to ensure an appropriate response to the disclosure of family violence.^[22]