Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023 [the Instrument] dated 30 March 2023 repeals the Migration Regulations 1994 – Specification of Evidentiary Requirements – IMMI 12/116 and specifies the type and number of items of evidence for the purposes of paragraph 1.24(b) of the Migration Regulations 1994.
The instrument specifies the different types of evidence for the purposes of paragraph 1.24(b) of the Migration Regulations. For each of the types of evidence mentioned below, the instrument describes the items of evidence that can be provided. For example, a statutory declaration, a report, a letter, or other forms of documentation such as risk assessments, records or hospital discharge summaries. The instrument also specifies that a minimum of two items of evidence are required and each must be of a different type. The instrument specifies the following types of evidence:
- Medical – written documentation provided by a medical practitioner, registered nurse or midwife.
- Police – written documentation provided by a police officer, or by a witness to a police officer.
- Child welfare officer – written documentation provided by an officer of a child welfare authority or a child protection authority of a State or Territory.
- Family violence support service provider – written documentation provided by an organisation that provides domestic and family violence assistance or support.
- Social worker – written documentation provided by a social worker.
- Psychologist – written documentation provided by a psychologist.
- Family consultant / family relationship counsellor – written documentation provided by a family consultant or a family relationship counsellor.
- Education professional – written documentation provided by a school counsellor, school principal or teacher.
The new measures introduced by the instrument includes:
- adding midwives to the medical professionals to provide documentary evidence of family violence
- adding risk assessments and reports as items of evidence that may be provided in place of a statutory declarations
- adding community, multicultural or other crisis services providing domestic and family violence assistance and support to the list of family violence support service providers that can provide documentary evidence (previously limited to women’s refuges and domestic and family violence crisis centres)
- clarifying that the documentary evidence is to be provided by persons acting in their professional capacity
- removing the requirement to provide a statutory declaration for some professionals.
The instrument is registered on the Federal Register of Legislation on 30 March 2023 and commenced on 31 March 2023. It is currently in force.
To access the instrument, click here.
