Barriers to disclosure of family violence
4.20 In Family Violence—A National Legal Response, the ALRC and the NSW Law Reform Commission (the Commissions) identified a range of reasons for non-disclosure of family violence:A victim of family violence may hide the abuse due to feelings of shame, low self esteem or a sense that he or she, as the victim, is responsible …
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Read moreScreening for family violence
4.27 Screening is the first step in a risk assessment process. Screening is ‘the systemic application of a test or enquiry (a series of questions) to identify individuals at sufficient risk of violence to benefit from further investigation or direct preventative action’.[33] Screening is therefore a safety precaution and not only helps identify those at …
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Read moreRisk 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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Read moreInformation sharing
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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