Education, training and information dissemination
20.80 The ALRC recommends that the Australian Government should collaborate with relevant migration service providers, community legal centres, and industry bodies to ensure targeted education and training on family violence issues for decision makers, competent persons, visa applicants and visa holders. Recognition should be given to the fact that different groups within the migration system …
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Read moreOverview of the superannuation system
Superannuation legislation 19.5 There are a number of pieces of legislation and subordinate legislation that govern the operation of the superannuation system. For the purposes of examining ways in which the superannuation system as a legal framework could be improved to protect the safety of victims of family violence, the key pieces of legislation and …
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Read moreNational education and awareness campaign
15.45 A central theme that has emerged in the course of this Inquiry is the need for increased awareness and effective education and training about family violence in an employment context. A proper appreciation and understanding of the nature, features and dynamics of family violence, and its potential impact on employees and the workplace, is …
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Read moreIssues arising from disclosure
Privacy and confidentiality 15.69 A key challenge is to ensure that measures likely to lead to disclosure of family violence contain appropriate privacy safeguards regarding the handling of that personal information. This is particularly important given that concerns about privacy appear to be a central barrier to disclosure of family violence in the context of …
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Read moreExemptions from reasonable maintenance action
What are exemptions?13.7 Exemptions are the key protective strategy for victims of family violence in both child support and family assistance contexts. They enable victims to opt out of the child support scheme where obtaining child support would compromise their safety. It is therefore important that exemptions are readily accessible to victims. 13.8 Victims of …
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Read moreIssues management
Family violence and child support scheme participation 12.4 Appropriate issues management in the child support context should take into account ways in which family violence may affect participation in the child support scheme. As discussed in Chapter 11, a parent who is a victim of family violence may fear continued interaction with the other parent …
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Read moreMatters outside the Inquiry
Avoidance of child support obligations11.13 Some payers may avoid their child support obligations by minimising the income that is factored into the child support assessment.[17] Payers may also avoid child support by paying child support late or irregularly, paying less child support than the assessment, or not paying at all. These issues may be particularly …
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Read moreLegal and policy framework
Objectives of the child support scheme11.31 Associate Professor Bruce Smyth has described the policy ‘backbone’ of the child support scheme as being designed to ensure that:(a) children of separated or divorced parents receive adequate financial support; (b) both parents contribute to the cost of supporting their children according to their respective capacities to do so; …
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Read moreCommon interpretative framework
Definition of family violence11.64 The ALRC considers that the Child Support Guide should be amended to provide a definition of family violence consistent with that recommended for child support legislation and other Commonwealth legislation, as well as certain state and territory legislation.[77] The child support legislation does not currently include a definition of family violence—as …
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Read moreThe operation of income management
Overview10.4 Income management does not affect or otherwise reduce the total amount of welfare payments payable to a recipient; rather, it changes the way in which a person receives their payment. Under income management, a percentage of a person’s welfare payment is quarantined for use in purchasing particular goods and services such as food and …
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