Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p27
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 27/30)
Character Range: 178066–180901

is experienced and committed—conviction
 (6) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if a court has:
 (a) convicted the alleged perpetrator of an offence of violence against the alleged victim; or
 (b) recorded a finding of guilt against the alleged perpetrator in respect of an offence of violence against the alleged victim.
 (7) For subregulation (6), the violence, or part of the violence, that led to the conviction or recording of a finding of guilt must have occurred while:
 (a) the married relationship or de facto relationship existed between the alleged perpetrator and the spouse or de facto partner of the alleged perpetrator; or
 (b) the relationship existed between the alleged perpetrator and the prospective spouse of the alleged perpetrator.

Circumstances in which family violence is experienced and committed—non‑judicially determined claim of family violence
 (8) For these Regulations, an application for a visa is taken to include a non‑judicially determined claim of family violence if:
 (a) the applicant seeks to satisfy a prescribed criterion that the applicant, or another person mentioned in the criterion, has experienced family violence; and
 (b) the alleged victim and the alleged perpetrator have made a joint undertaking to a court in relation to proceedings in which an allegation is before the court that the alleged perpetrator has committed an act of violence against the alleged victim.
 (9) For these Regulations, an application for a visa is taken to include a non‑judicially determined claim of family violence if:
 (a) the applicant seeks to satisfy a prescribed criterion that the applicant, or another person mentioned in the criterion, has experienced family violence; and
 (b) the alleged victim is:
 (i) a spouse or de facto partner of, or a prospective spouse of, the alleged perpetrator; or
 (ii) a dependent child of:
 (A) the alleged perpetrator; or
 (B) the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator; or
 (C) both the alleged perpetrator and the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator; or
 (iii) a member of the family unit of a spouse or de facto partner of, or a prospective spouse of, the alleged perpetrator who has made a combined application for a visa with the spouse, de facto partner or prospective spouse (as the case may be); and
 (c) the alleged victim or another person on the alleged victim's behalf has presented evidence in accordance with regulation 1.24 that:
 (i) the alleged victim has experienced relevant family violence; and
 (ii) the alleged perpetrator committed that relevant family violence.
 (10) If an application for a visa includes a non‑judicially determined claim