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

provide guidance materials for superannuation fund trustees—who make the decision
whether to release funds or not—which include reference to family violence and information
about family violence dynamics and impacts (ALRC 2011c, p. 630).
Victims’ compensation
The recent ALRC/NSWLRC report into a national legal response to family violence argued
that “victims’ compensation is inextricably connected with an assessment of how legal
frameworks can be improved to assist victims of family violence to navigate various
jurisdictions” (2010, p. 156). Victims’ compensation schemes, which are available in all
states and territories, appear to be under-utilised by women as a source of financial support
following domestic and family violence. It has been suggested by researchers and legal
bodies that this may be due in part to a lack of knowledge of the schemes while there are
also particular barriers related to the nature of victims’ compensation legislation including
that there is inadequate recognition of the nature and dynamics of family violence
(ALRC/NSWLRC 2010; Barrett Meyering 2010). Limitations relate to the linking of
compensation to specific criminal acts of violence and to criminal injuries, meaning that acts
of family violence may not be recognised as criminal. Further each discrete ‘incident’ and
‘injury’ must be proved which does not recognise the patterns of abuse that typically
constitute family violence; generally, definitions of ‘injury’ also emphasise physical injury
(ALRC/NSWLRC 2010). These limitations have been addressed in some jurisdictions (New
South Wales and Northern Territory) where victims’ compensation legislation defines
domestic violence as a specific injury and in Victoria where awards can be granted in
respect of “significant adverse impacts”. The ALRC/NSWLRC report recommended that
victims’ compensation legislation should: (a) provide that evidence of a pattern of
family violence may be considered in assessing whether an act of violence or injury
occurred; (b) define family violence as a specific act of violence or injury … or (c)
extend the definition of injury to include other significant adverse impacts
(ALRC/NSWLRC 2010, p. 1393).
Migration Law
The ALRC (2011c) has recently made some recommendations for law reform which go
some way to addressing concerns about the particular vulnerability to coercion and control of
women experiencing family violence whose migration status is uncertain.
As the law stands there is a family violence exception whereby permanent residence can be
granted—despite relationship breakdown—to people on spousal or partner visas who are in
Australia on the basis of their spouse or defacto relationship with an Australian citizen or
permanent resident and who experience family violence. The ALRC (2011c) recommended
changes to the Commonwealth Migration Regulations 1994 to make the assessment of
family violence under migration law simpler by allowing family violence victims to draw on a
wider range of evidence and the Minister for Immigration and Citizenship has very recently
announced these changes will be made (Bowen 2012, media release 17 June, viewed 25
July at ).
The Australian Government has not yet responded to other ALRC recommendations
although the Minister’s announcement did include that the proposed change is a “preliminary
response” to the issues raised by the ALRC. Other ALRC recommendations for changes to
migration law were for: the family violence exception to be extended to people who have
entered Australia for the purpose of marrying an Australian sponsor and are on a
Prospective Marriage visa but who experience family violence and do not marry the sponsor;
43