Evidence for a non-judicially determined claim of family violence: LIN 23/026

The Migration (Specification of evidentiary requirements – family violence) Instrument (LIN 23/026) 2023 was signed on 30 March 2023 by Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, under paragraph 1.24(b) of the Migration Regulations 1994. It commenced the day after registration; it was registered on 30 March 2023 and has been in force since 31 March 2023. Section 6 repealed the previous instrument, IMMI 12/116.

The explanatory statement explains that regulation 1.24 requires a statutory declaration (paragraph 1.24(a)) and the type and number of items of evidence specified by the Minister (paragraph 1.24(b)), and that this instrument specifies those items. It lists the changes from IMMI 12/116, including adding midwives, adding risk assessments and reports, extending family violence support service providers to community, multicultural and other crisis services, and removing the statutory declaration requirement for some professionals.

Number of items

Section 5 specifies a minimum of two items of evidence mentioned in Schedule 1, and each item must be of a different type.

Requirements for every item

Under subsection 4(2), each item must be sufficiently detailed and include the information required by Schedule 1. Under subsection 4(3), each item must be in writing in English on the professional letterhead of the author or their organisation, and include the author’s:

• full name;
• occupation;
• signature;
• date;
• address; and
• contact phone number.

The eight types of evidence

Schedule 1 specifies eight types. In each case the author must be acting in their professional capacity.

Schedule 1 – types and items of evidence

Type	Items	Information that must be included
Medical (medical practitioner, registered nurse or midwife)	Medical report, hospital report, discharge summary, letter, statutory declaration	Identify the alleged victim; detail injuries or treatment that may be consistent with family violence
Police (police officer)	Report, record of assault or family violence, risk assessment, witness statement, statutory declaration; or a witness statement made to a police officer by a person other than the alleged victim during a police investigation	Identify the alleged victim; identify the alleged perpetrator or provide information from which their identity can reasonably be inferred; detail the incident(s)
Child welfare officer	Report, letter, statutory declaration	Detail fears for the dependent child’s safety due to family violence within the household; identify the alleged perpetrator or provide information from which their identity can reasonably be inferred
Family violence support service provider	Report, letter, risk assessment, statutory declaration	State that the alleged victim has made a claim of family violence; state a professional opinion on whether the claims are consistent with family violence; identify the alleged perpetrator or provide information from which their identity can reasonably be inferred
Social worker	Report, letter, statutory declaration	As for a family violence support service provider
Psychologist	Report, letter, statutory declaration	As for a family violence support service provider
Family consultant / family relationship counsellor	Report, letter, statutory declaration	State that the alleged victim has been treated or counselled by them; state a professional opinion on whether the claims are consistent with family violence; identify the alleged perpetrator or provide information from which their identity can reasonably be inferred
Education professional	Report, letter, statutory declaration	State that they have made, or been made aware of, observations consistent with the claims; provide details of those observations; identify the alleged perpetrator or provide information from which their identity can reasonably be inferred

Section 3 defines the authors. For example, a social worker is a member of, or a person eligible for membership of, the Australian Association of Social Workers who has provided counselling or assistance to the alleged victim; an education professional is a school counsellor, school principal or teacher who has taught or counselled the alleged victim; and a family violence support service provider includes a women’s refuge, a domestic and family violence crisis centre, and a community, multicultural or other crisis support service.

Which applications it applies to

Section 7 provides that anything done under IMMI 12/116 continues in effect as if it had been done under LIN 23/026.