Interpretative framework
Consistent definition in Commonwealth law5.27 Chapter 3 considers placing a consistent definition of family violence in the Social Security Act in addition to other Commonwealth legislation.[24] In the ALRC’s view, the definition of family violence in the Guide to Social Security Law should also be amended to reflect this definition, to enhance consistency across the …
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Read moreRelevant concepts
4.6 In this chapter, and in Chapter 12, the ALRC will refer to the concepts of ‘identifying family violence-related safety concerns’ and ‘issues management’.Identifying family violence-related safety concerns 4.7 There are a number of tools and methods that may be used to identify family violence-related safety concerns. In the Discussion Paper, the ALRC outlined the …
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Read morePromoting the disclosure of family violence
Service delivery reform4.12 The DHS is responsible for the development of service delivery policy and provides access to social, health and other payments and services.[8] The Human Services Legislation Amendment Act 2011 (Cth) integrated the services of Medicare Australia, Centrelink and CRS Australia on 1 July 2011 into DHS.[9]4.13 As part of these reforms, agencies …
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Read moreIssues management
4.41 The ALRC recommends that when family violence-related safety concerns are identified, the DHS staff must refer the customer to a Centrelink social worker or other expert service providers.Referrals and pathways4.42 Stakeholders uniformly agreed that once family violence-related safety concerns are disclosed—through ‘screening’ processes or otherwise—there was a need to ensure an immediate response and, …
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Read more‘Safety concern’ flag
4.56 The ALRC recommends that DHS should consider developing and implementing a ‘safety concern flag’ to be placed on a customer’s file. Subject to the informed consent of the customer, and with appropriate privacy safeguards, the ‘flag’ should be subject to information sharing arrangements between DHS and other agencies.Parallels with vulnerability and sensitive issues indicators4.57 …
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Read moreLocation of common definition
3.66 The ALRC considers that the key outcome is to achieve consistency of understanding across the Commonwealth legal frameworks under review. In some instances this will be achieved by including a common definition in the primary legislation itself; in others, the appropriate place may be elsewhere, such as in policy guides for decision makers. The …
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Read moreConceptual framework
2.33 The Australian Government has identified a clear goal ‘to reduce all violence in our communities’, recognising that ‘whatever the form violence takes, it has serious and often devastating consequences for victims, their extended families and the community’.[46] The overarching objective of this Inquiry therefore reflects the Government’s objective—through recommendations for reform of legal frameworks …
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1.1 On 9 July 2010, the Attorney-General of Australia, the Hon Robert McClelland MP, asked the Australian Law Reform Commission (ALRC) to inquire into and report on the treatment of family violence in Commonwealth laws, including child support and family assistance law, immigration law, employment law, social security law and superannuation law and privacy provisions …
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Read moreScope of the Inquiry
Matters outside the Inquiry1.27 While the scope of the problem of family violence is extensive, the brief in this Inquiry is necessarily constrained both by the Terms of Reference and by the role and function of a law reform commission. 1.28 The ALRC acknowledges, as it did in Family Violence—A National Legal Response, that the …
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Read moreSummary of recommendations
Part A—Common ThreadsCommon interpretative frameworkAs a foundational aspect of establishing a common interpretative framework, in Chapter 3 the ALRC recommends including in the Commonwealth laws under review the same core definition of family violence. The ALRC considers that systemic benefits would flow from the adoption of a common interpretative framework across the specified legislative areas, …
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