04.01.2012

Terms of Reference

Impact of Commonwealth laws on those experiencing family violenceThe 2010 inquiry into family violence by the Australian Law Reform Commission and New South Wales Law Reform Commission (the Commissions) identified issues beyond its scope relating to the impact of Commonwealth laws (other than the Family Law Act 1975) on those experiencing family/domestic violence. In addition, …

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19.12.2011

Non-judicially determined claims of family violence

International comparisons21.33 A number of overseas jurisdictions—including the US, Canada, UK and New Zealand—have family violence provisions. Although these models reflect differing policy considerations in their respective countries, their approaches to evidentiary requirements provide a useful point of comparison with the Australian system.United States 21.34 The US has a comprehensive legislative scheme for the protection …

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19.12.2011

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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19.12.2011

Overview 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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19.12.2011

National 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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19.12.2011

Issues 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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14.12.2011

Exemptions 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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14.12.2011

Issues 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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14.12.2011

Matters 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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14.12.2011

Legal 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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