Spotlight on economic abuse - Good Shepherd Youth & Family ...

or
in any other way controls or dominates the family member and causes
that family member to feel fear for the safety or wellbeing of that family
member or another person;
(b) behaviour by a person that causes a child to hear or witness, or otherwise
be exposed to the effects of, behaviour referred to in paragraph (a).
Other states and territories that have explicitly included economic abuse in the definition of
family violence are Tasmania, South Australia, the Northern Territory and, in a very recent
development, Queensland where the Domestic and Family Violence Protection Act 2012—
which commences in September 2012—provides an expanded definition of domestic and
family violence which includes emotional and economic abuse and exposure of children
(ALRC/NSWLRC 2010; Queensland 2012, accessed 12 June 2012, at ). The longest standing Australian legislation
to include economic abuse is the state Family Violence Act 2004 in Tasmania where, unlike
most other jurisdictions, it is a criminal offence. However, the ALRC and NSWLRC (2010, p.
1987, fn 40) have noted that commissioners are not aware of any prosecution in Tasmania
for economic abuse.
Recognising economic abuse in other legislation
At the national level, a range of differing definitions of domestic and family violence are in
place. A recent ALRC (2011c) review of legal frameworks relating to family violence
recommended that legislation be amended to include a consistent definition of family
violence, requiring amendments to: the Social Security Act 1991 (Cth); Social Security
(Administration Act) 1999 (Cth); Child Support (Assessment) Act 1989 (Cth); Child Support
(Registration and Collection) Act 1988 (Cth); A New Tax System (Family Assistance) Act
1999 (Cth); A New Tax System (Family Assistance) (Administration) Act 1999 (Cth); and
Migration Regulations 1994 (Cth). The ALRC recommended that ‘family violence’ should be
defined by reference to:
a. a core definition of conduct that is violent, threatening, coercive or controlling, or
intended to cause the family member to be fearful; and
b. a non-exhaustive list of examples of physical and non-physical conduct.
The examples provided by the ALRC are:
a. physical violence
b. sexual assault and other sexually abusive behaviour;
c. economic abuse
d. emotional or psychological abuse
e. stalking
f. kidnapping or deprivation of liberty
g. damage to property, irrespective of whether the victim owns the property
h. causing injury or death to an animal irrespective of whether the victim owns the
animal; and
i. behaviour by the person using violence that causes a child to be exposed to the
effects of behaviour referred to in (a)–(h) above. (ALRC 2011, p. 12)
The ALRC also recommended that a common interpretative framework for domestic and
family violence be adopted in Australian Government guidelines and materials to provide for
a consistent definition of family violence, including in the following:
40