Overview of the Report

Definitions and terminology

1.44 This section sets out some of the terminology that will be used in this Report.

Culturally and linguistically diverse

1.45 The phrase ‘culturally and linguistically diverse’—and the abbreviation ‘CALD’—are commonly used in referring to people of diverse backgrounds. The ALRC recognises that the discussion in this publication may apply to people who are ‘culturally or linguistically diverse’ as well as those who are ‘culturally and linguistically diverse’. The phrase is used for convenience to embrace both kinds of diversity.

Family

1.46 The definition of ‘family’ or ‘domestic’ relationship varies across the Australian jurisdictions and legislation. In this Report the particular definitions of ‘family’ are considered in the context of the specific legislation under consideration.

Family violence

1.47 The terminology that should be adopted to describe violence within families and intimate relationships has been, and continues to be, the subject of controversy and debate.^[48]

1.48 As noted in Family Violence—A National Legal Response, state, territory and Commonwealth legislation that refers to violence within families and intimate relationships uses various descriptions—‘family violence’, ‘domestic violence’ and ‘domestic abuse’.^[49] The term ‘domestic’ has been criticised on the basis that it ‘qualifies and arguably reduces the term “violence”’.^[50] The Macquarie Dictionary notes the colloquial use of the term ‘domestic’ as ‘an argument with one’s spouse or another member of the household’. Thus, from a cultural perspective, the term ‘domestic’ can trivialise the impact of the violence on the victim. However the phrase ‘family violence’ has also been criticised.^[51]

1.49 Reports and writing in this area have adopted varying terminology. Some have referred to both ‘family and domestic violence’, or vice versa;^[52] others to ‘family violence’;^[53] and some to ‘domestic violence’.^[54] In each case, the differing terminology—in the Australian context—attempts to refer to the same type of conduct, although the boundaries of such conduct have expanded over the years.

1.50 In this Inquiry the ALRC refers to ‘family violence’, rather than ‘domestic violence’ or ‘domestic abuse’, unless specifically quoting from sources including legislation which use alternative terminology.

Indigenous peoples

1.51 In this Report, the ALRC may use the terms ‘Aboriginal and Torres Strait Islander peoples’ or ‘Indigenous communities’ or ‘Indigenous peoples’, which are consistent with the terminology adopted by various organisations, including the Aboriginal and Torres Strait Islander Social Justice Commissioner in his reports. As he has explained:

Aborigines and Torres Strait Islanders are referred to as ‘peoples’. This recognises that Aborigines and Torres Strait Islanders have a collective, rather than purely individual, dimension to their livelihoods. … The use of the term ‘Indigenous’ has evolved through international law.^[55]

1.52 This is affirmed under international law principles and by the United Nations Declaration on the Rights of Indigenous Peoples.^[56]‘Indigenous women’ and ‘Indigenous children’ also reflect this terminology.

People with disability

1.53 A contemporary view of disability acknowledges that, while a person may have an impairment or medical condition, it is barriers within society—negative attitudes, inaccessible buildings and environments, inaccessible communications and information—that prevent people with disability from being treated equally and from fully participating in all aspects of community life.^[57]

1.54 The ALRC uses the term ‘people with disability’ throughout this Report, to reflect each person’s value, individuality, dignity and capabilities. ‘People with disability’ is used rather than ‘people with a disability’, acknowledging that a person may have more than one disability.

LGBTI

1.55 The abbreviation ‘LGBTI’ is used in this Report to describe people who identify themselves as lesbian, gay, bisexual, trans or intersex, as it is a broadly understood abbreviation.^[58] The ALRC is aware that the LGBTI community is not a homogenous group, but rather consists of individuals with differing sexual orientation and gender identity. In particular, the ALRC understands that people who identify as trans and intersex often have perspectives, issues and needs that are different from those of the people who identify as gay, lesbian or bisexual, and as a result should be separately consulted.

Structure of the Report

1.56 This Report comprises 22 chapters divided into seven parts, A–G:

• Part A—Common Threads, contains four chapters, Chapters 1–4.
• Part B—Social Security, contains five chapters, Chapters 5–9.
• Part C—Income Management, comprises one chapter, Chapter 10.
• Part D—Child Support and Family Assistance, contains four chapters, Chapters 11–13.
• Part E—Employment, comprises four chapters, Chapters 15–18.
• Part F—Superannuation, comprises one chapter, Chapter 19.
• Part G—Migration, comprises three chapters, Chapters 20–22.