Risk assessment and management
4.80 ‘Risk assessment’ refers to ‘ongoing efforts to assess the degree of harm or injury likely to occur as a result of past, present or future family violence’,[103] while ‘risk management’ aims to promote safety, accountability and healing for victims through referral to a range of services such as emergency and support services, counselling and …
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4.114 Family violence is relevant in different ways for child support, family assistance and social security. As child support is inter-partes, a past history of family violence may always be relevant to a case. Similarly, historical family violence may be of continuing relevance in a family assistance context, where parties share care of children. More …
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Read moreFamily assistance
Current definitions3.52 The current framework for family assistance is contained in two statutes: A New Tax System (Family Assistance) Act 1999 (Cth) and A New Tax System (Family Assistance) (Administration) Act 1999 (Cth)—referred to as the Family Assistance Act and the Family Assistance (Administration) Act respectively Neither of these Acts, nor the Family Assistance Guide …
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Read moreSocial Security
Current definitions3.15 The Social Security Act 1991 (Cth)refers to ‘domestic violence’ or ‘domestic or family violence’ in a range of contexts. Neither the Social Security Act nor the Social Security (Administration) Act 1999 (Cth)contains a definition of domestic or family violence. The Guide to Social Security Law refers to a definition that has now been …
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Read moreChild support
Current definitions3.31 Family violence is not defined in either the Child Support (Assessment) Act 1989 (Cth), or the Child Support (Registration and Collection) Act 1988 (Cth). The Child Support Guide contains a broad definition of family violence:Family violence covers a broad range of controlling behaviours. They are commonly of a physical, sexual, and/or psychological nature, …
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Read moreInternational setting
2.4 Under its constituting legislation, the ALRC is directed to have regard to ‘all of Australia’s international obligations that are relevant to the matter’.[3] A number of international conventions are relevant to the legal framework in relation to violence in the family. In particular, these reflect the acknowledgment that violence against women and children is …
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Read moreConceptual framework
Overarching objective2.44 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’.[61] The overarching objective of this Inquiry therefore reflects the Government’s objective—through proposals for reform of legal …
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Read moreIntroduction
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
Terms of Reference1.22 Under the Terms of Reference, the ALRC is required to consider ‘what, if any, improvements could be made to relevant legal frameworks to protect the safety of those experiencing family/domestic violence’. The range of legal frameworks focuses on particular Commonwealth laws: child support and family assistance law, immigration law, employment law, social …
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Read moreOverview of the Discussion Paper
Definitions and terminology1.49 This section sets out some of the terminology that will be used in this Discussion Paper in referring to specific concepts in the family violence sphere. Culturally and linguistically diverse1.50 The phrase ‘culturally and linguistically diverse’—and the abbreviation ‘CALD’—are commonly used in referring to people of diverse backgrounds. The ALRC recognises that …
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