Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Link to this | Hansard source

I present a government response to a committee report as listed on today's Order of Business. In accordance with the usual practice, I seek leave to incorporate the document in Hansard.

Leave granted.

The document read as follows—

Australian Government response to the Senate Legal and Constitutional Affairs References Committee report:

Practice of dowry and the incidence of dowry abuse in Australia

October 2023

Introduction

The Australian Government is grateful to the Senate Legal and Constitutional Affairs References Committee for their inquiry into the practice of dowry and the incidence of dowry abuse in Australia. The Government is committed to acting to prevent family and domestic violence and abuse, and to improve the legal protections and assistance available to those affected by violence and abuse in the family law, criminal justice, and immigration systems.

The Government thanks the committee for identifying several areas where improvements to the family law, criminal justice and immigration systems would help to ensure that people experiencing dowry abuse are supported and protected, and perpetrators held accountable. The report identifies 12 recommendations to address these key issues.

The Government has carefully considered these recommendations and agrees to five recommendations, agrees to two recommendations in part, and agrees to five recommendations in principle.

The Government's response to the committee's report reflects the importance of a coordinated and considered approach to meeting the complex needs of families experiencing violence, including dowry abuse. The response also addresses ways in which existing Government initiatives and work agendas could be enhanced by considering and incorporating the committee's recommendations.

The Government notes that some of the committee's recommendations have been considered alongside the Government's ongoing response to the Australian Law Reform Commission's (ALRC) recommendations in the Family Law for the FutureAn Inquiry into the Family Law System Final Report (ALRC Report 135). The committee's report will also be considered by the Government in progressing its ongoing response to the recommendations of earlier inquiries.

The Government response is complemented with its $589.3 million investment as part of the 2023-24 Budget in measures to drive change under the National Plan to End Violence against Women and Children 2022-2032 (National Plan) which provides a renewed national approach to addressing and preventing family, domestic and sexual violence, with an enhanced focus on the intersectional impacts of violence and diverse lived experiences of victim-survivors. This builds on the Government's record investment of $1.7 billion in the 2022-23 Budget in measures supporting the National Plan.

Response to the recommendations

Recommendation 1

The committee recommends that the term 'economic abuse' is included as a form of family violence in subsection 4AB(2) of the Family Law Act 1975, and the subsection provide a non-exhaustive list of examples of economic abuse, including dowry abuse

Response: Agreed in principle

The Government has committed to progressing a national definition of family and domestic violence that includes coercive control. Consideration of a national definition would likely include consideration of whether dowry abuse should be included. Consideration of a national definition would likely include consideration of the definition in section 4AB of the Family Law Act 1975 (FLA) and if developed, influence future amendments to this definition.

The Government notes that the definition of family violence in section 4AB of the FLA is broad and currently covers family violence that may be related to economic and financial abuse, including dowry abuse.

The National Domestic and Family Violence Bench Book which is co-funded by the Commonwealth, and the States and Territories includes dowry related abuse as an example of economic abuse and as an example of cultural and spiritual abuse in the chapter 'Understanding domestic and family violence'.

Recommendation 2

The committee recommends that the Australian Government work with the States and Territories to harmonise existing legislation providing for intervention/violence orders to explicitly recognise dowry abuse as an example of family violence or economic abuse.

Response: Agreed in principle

The Government agrees to this recommendation in principle. In the 2022-23 Budget, the former government provided funding of $0.8 million over four years to conduct a review of Domestic and Family Violence Order frameworks, including:

penalties for breaches

relevant definitions, and

the scope of the National Domestic Violence Order Scheme (NDVOS)

Recommendation 3

The committee recommends that the Australian Government give further consideration to legal and decision making frameworks to ensure that victims of dowry abuse are not disadvantaged in family law property settlements, given the community concerns about inconsistent approaches under the current family law framework.

Response: Agreed

This recommendation is being considered alongside Recommendation 23 of the Joint Select Committee on Australia's Family Law System Second Interim Report and recommendations of ALRC Report 135 that proposed legislative amendments to improve and strengthen the family law system in relation to family law property settlements.

Recommendation 4

The committee recommends that the Australian Government:

give further consideration to the recommendation of the Victorian Royal Commission into Family Violence to broaden the definition of family violence in the Migration Regulations 1994; and

ensure that those who are forced to marry their partner or experience family violence from their partner and/or their partner's family members are protected through the family violence provisions in the Migration Regulations 1994, such that the regulatory framework is consistent with the policy intention to protect victims of domestic or family violence within the migration context.

Response: Agreed in principle

The Government agrees to this recommendation in principle. The definition of family violence in the Migration Regulations 1994 (the Migration Regulations) is broad and takes into consideration other federal legislation, including the FLA, as well as the laws of States and Territories. It includes conduct towards an alleged victim, a member of their or the perpetrator's family, or towards property, actual or threatened, that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety. This definition includes non-physical forms of abuse such as psychological and financial abuse, and would capture a range of dowry-related abuse.

The Family Violence Provisions in migration legislation allow certain visa applicants to be granted a permanent visa if their relationship has broken down and they have suffered domestic and family violence perpetrated by the sponsoring partner or primary applicant. In 2022, the Department of Home Affairs' Procedural Instructions were updated to clarify that when determining whether an act of family violence has been committed by the applicant's sponsoring partner, consideration should be given not only to conduct directly committed by the sponsoring partner, but also whether the sponsoring partner has engaged in any act (or omission) which could reasonably be regarded as relevant family violence perpetrated by the sponsoring partner (via a third party).

The Government has reaffirmed its commitment to combat forced marriage in the National Action Plan to Combat Modern Slavery 2020-2025. Under this National Action Plan the Government will implement a range of initiatives that will strengthen responses to forced marriage, guided by five National Strategic Priorities: prevent; disrupt, investigate and prosecute; support and protect; partner; and research. This includes a commitment to develop a model for enhanced civil protection and remedies for individuals in or at risk of forced marriage. The Government has also committed to undertake a targeted review of Australia's visa framework, including to identify and reduce vulnerabilities to modern slavery. The Government also provides support for non-citizen victims of human trafficking, slavery and slavery-like practices, under the Human Trafficking Visa Framework (HTVF).

Recommendation 5

The committee recommends that the Australian Government act to address the injustice whereby family violence protection is not available to victims on many temporary visas and consider:

extending the family violence provisions in the Migration Regulations 1994 beyond temporary Partner visa holders, Prospective Marriage visa holders who have married their sponsor and dependent applicants for a Distinguished Talent visa, to apply to other family visa subclasses; and

the creation of a temporary visa—for example a 'Woman at Risk in Australia' visa—to be available for non-family temporary visa holders who have suffered serious and proven family violence including dowry abuse.

Response: Agreed in part

The Government agrees to this recommendation. It has allocated $10 million in the 2023-24 Budget to expand the family violence provisions in the Migration Regulations to more visa subclasses and extend the funding for the Department of Home Affairs' specialised visa support service for temporary visa holders experiencing domestic and family violence. The family violence provisions will be expanded to secondary applicants for most permanent visa subclasses in addition to the inclusion of additional cohorts of prospective marriage visa holders and partner visa applicants.

Where the Family Violence Provisions do not apply, for example if a temporary visa holder does not have an application for a permanent visa, the Department's policy is not to cancel a person's temporary visa solely because their relationship with the primary applicant broke down due to family and domestic violence, noting that a visa can be cancelled on other grounds.

The specialised visa support service within the Department of Home Affairs provides a centralised point of contact for domestic and family violence victim support services. It also assists temporary visa holders who are family and domestic violence victim-survivors to regularise their visa status under the migration law framework, including through provision of tailored case management support.

The Department of Home Affairs is continuing to consider other measures to further improve the supports available to temporary visa holders who experience family and domestic violence, including the option of creating a new visa.

Recommendation 6

The committee recommends that the Australian Government ensure decision makers consider the nature of alleged family violence when making an assessment on whether the relationship was genuine prior to it ending.

Response: Agreed in principle

The Government agrees to this recommendation in principle. Decision makers in the Department of Home Affairs are aware of the requirement to consider all aspects of the relationship and determine whether the claimed family violence may prevent an applicant from providing adequate evidence of the genuineness of the relationship. Additional resources are being prepared to provide further guidance to decision makers assessing the genuineness of a relationship in the context of family violence.

Recommendation 7

The committee recommends that the Australian Government consider innovative use of the sponsorship mechanism and the new family sponsorship framework to prevent previous perpetrators from sponsoring multiple spouses, and by requiring sponsors to provide disclosures and give undertakings in relation to their circumstances and to dowry.

The committee also recommends that the Australian Government look explicitly at ensuring that the work of the Department of Home Affairs is included in National Family Violence Prevention Strategies, not just from the point of view of access to visas, but also visa processing and assessment.

Response: Agreed in part

The Government agrees to this recommendation in part. The current Migration Regulations 1994 provide:

Limitations on repeat sponsorships for Partner and Prospective Marriage visas, whether family violence has occurred or not

The ability for the Department to disclose a sponsoring partner's convictions for certain offences, including family violence related offences, to the visa applicant

The ability for the Department to refuse a sponsorship application if the sponsor has a significant criminal record for certain offences, including family violence related offences.

The family sponsorship framework, set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 was applied to the Sponsored Parent (Temporary) visa in April 2019. In 2021, the Department of Home Affairs held public consultations on applying the new family sponsorship framework to Partner visas. During this process, many stakeholders raised concerns that the application of some aspects of the framework to the Partner program could increase the vulnerability of victim-survivors of family and domestic violence. The Government continues to review the appropriateness of existing visa settings and consider measures to further support domestic and family violence victim-survivors.

The Government agrees that the Department of Home Affairs should be included in National Family Violence Prevention Strategies. The Department of Home Affairs has actively engaged with the development of the National Plan. Measures brought forward as part of the First Action Plan to implement the National Plan include the decisions to expand the family violence provisions and extend funding for the Department of Home Affairs' specialised visa support service for temporary visa holders experiencing family and domestic violence.

Recommendation 8

The committee recommends that the Australian Government, together with State and Territory governments, work with culturally and linguistically diverse communities and service providers in order to determine ways in which to establish a firm evidence base on the incidence of dowry abuse.

Response: Agreed

The Government agrees to this recommendation. The Government will engage with the States and Territories as per Recommendation 9, to investigate opportunities for further methods of data collection and research. The Government has prioritised the importance of strengthening the evidence base through better data, reporting and evaluation, as well as the lived experiences of diverse groups, to improve our understanding of how to address and prevent family and domestic violence, through the release of the National Plan.

Recommendation 9

The committee recommends that the Australian Government work with the States and Territories to improve and strengthen the governance of data collection practices and standards by implementing a system to capture and measure the extent and incidence of all forms of family violence in Australia, including dowry abuse as a form of economic abuse.

Response: Agreed

The Government agrees to this recommendation. As noted in Recommendation 8, the Government will engage with State and Territory Governments to explore further methods of data collection and research to strengthen our understanding of family, domestic and sexual violence as part of the National Plan's implementation.

Recommendation 10

The committee recommends the Department of Social Services Family Safety Pack is provided individually to all visa applicants in their first language, such as during the health examination required as a condition of their visa application.

Response: Agreed in principle

The Government agrees to this recommendation in principle. The Family Safety Pack has been developed for both men and women coming to Australia and includes information on Australia's laws regarding family and domestic violence, sexual assault and forced marriage, and a women's right to be safe. The fact sheets in the Family Safety Pack have been translated into 46 languages and were last updated on 20 February 2019.

The Government provides access to the Family Safety Pack and other family violence resources through several mechanisms, including on the Department of Home Affairs' website and in visa grant letters.

Recommendation 11

The committee recommends that the Australian, State and Territory governments engage with stakeholders in order to develop ongoing education and awareness raising campaigns about family violence, including dowry abuse, in conjunction with the development of further training of frontline professionals including social workers, police, doctors, judges and decision makers in the Department of Home Affairs.

Response: Agreed

The Government agrees to this recommendation. The National Plan:

has a focus on raising awareness and training for frontline workers,

includes an objective to ensure frontline services provided by States and Territories are coordinated, integrated and appropriately resourced, and includes actions to encourage awareness raising activities and campaigns.

The National Plan is also supported by funding in the 2022-23 Budget relevant to Recommendation 11 including:

$39.7 million for Lifeline Australia to continue developing DV alert accredited training.

Up to $12.6 million in education and training on family, domestic and sexual violence for community frontline workers, health professionals and the justice sector.

500 frontline service and community workers to support women and children experiencing family, domestic and sexual violence, including with targeted support to the culturally and linguistically diverse community.

$48.7 million to expand the Family and Domestic Violence Primary Health Network Pilot.

The Government also provides education about family violence and dowry abuse to humanitarian entrants settling in Australia through the Australian Cultural Orientation (AUSCO) program and the Humanitarian Settlement Program (HSP).

Other initiatives supported by Government include:

additional phases of the Stop it at the Start

campaign,

a campaign to promote the importance of consensual and respectful relationships, and continuation of the Social Policy Group (previously Migration Council) grant to develop a national framework for the prevention of dowry abuse.

The Government is also reviewing divisions 270 and 271 of the Criminal Code Act 1995 (Cth) which criminalise forced marriage.

Recommendation 12

The committee recommends that the Australian Government include dowry abuse as a possible indicator of exploitation for the purposes of divisions 270 and 271 of the Criminal Code Act 1995 and ensure that this is included in any training programs.

Response: Agreed

To ensure ongoing investigative skills and capacity are maintained in the investigation of human trafficking, slavery and slavery-like practices (such as forced marriage), the Australian Federal Police (AFP) conducts regular specialised training called the Human Trafficking Investigations Course. Dowry abuse is included in the AFP's list of indicators of human trafficking, slavery and slavery-like practices, which is used during the Human Trafficking Investigations Course and is publicly available on the AFP's website. The AFP will continue to ensure that dowry abuse is identified as an indicator as part of the course.