Conceptual framework
Overarching objectiveThe 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’.[2] The overarching objective of this Inquiry therefore reflects the Government’s objective—through proposals for reform of legal frameworks …
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Read moreOverview of Discussion Paper
This Discussion Paper comprises 22 chapters divided into seven parts. Part A—Common Threads contains common ideas and themes relevant to the whole Discussion Paper. Subsequent parts are collated by subject area, namely, Social Security, Child Support and Family Assistance, Income Management, Employment, Superannuation and Migration law. Part A—Common ThreadsPart A contains four chapters that cover …
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Read moreTerms of Reference
Impact of Commonwealth Laws on those Experiencing Family Violence The 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 …
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Read moreThe scope of the family violence exception
20.42 In the Migration Issues Paper, the ALRC asked whether the family violence exception under the Migration Regulations should be expanded to cover other visa categories.[38] Stakeholders addressed this issue by considering the merits of applying the family violence exception to temporary or permanent visas—rather than specific subclasses of visas. The next two sections deal …
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Read moreInformation sharing
20.145 The ALRC is directed by the Terms of Reference to consider whether information sharing across Commonwealth, state and territory agencies is appropriate to protect the safety of those experiencing family violence.[129]20.146 In Family Violence—A National Legal Response, the Commissions recommended that a national register, which would include certain information about protection orders and family …
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Read moreOverview of the superannuation system
19.18 Superannuation, as a form of long-term saving for retirement, serves an important role and, for many Australians, is one of the most significant forms of wealth.[7] As Australia’s population ages, successive governments have introduced measures to maintain and enhance superannuation savings, largely through compulsory superannuation membership and contribution and preferential tax treatment.[8]Superannuation legislation 19.19 …
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Read moreEducation, training and awareness
18.129 In Family Violence—A National Legal Response, the ALRC and the New South Wales Law Reform Commission (the Commissions) recommended that the Australian, state and territory governments, and educational, professional and service delivery bodies should ensure regular and consistent education and training for participants in the family law, family violence, and child protection systems, in …
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Read moreInformation sharing and privacy
15.32 The ALRC is directed by the Terms of Reference to consider whether the extent of sharing of information across Commonwealth, state and territory agencies is appropriate to protect the safety of those experiencing family violence.[18]15.33 The primary focus of this chapter is the Commonwealth jurisdiction, including agencies such as DEEWR, Centrelink, the Department of …
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Read moreProviders—processes and responses
15.51 There are approximately 115 JSA providers.[27] JSA and DES providers include a range of for-profit and not-for-profit organisations of differing sizes that operate in geographical ESAs. This section of the chapter outlines how improvements could be made to the processes and responses of providers that would enhance the safety of victims of family violence. …
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Read morePrivacy and confidentiality
14.42 A key challenge is to ensure that measures that are likely to lead to disclosure of family violence contain appropriate privacy safeguards regarding the handling of that personal information. This is particularly important given concerns about privacy appear to be a central barrier to disclosure of family violence in the context of employment law.14.43 …
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