Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p26
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 26/30)
Character Range: 175515–178328

is a reference to a person being taken, under regulation 1.23, to have committed family violence in relation to that person.

1.23  When is a person taken to have experienced or committed family violence?
 (1) For these Regulations, this regulation explains when:
 (a) a person (the alleged victim) is taken to have experienced family violence; and
 (b) another person (the alleged perpetrator) is taken to have committed family violence in relation to the alleged victim.
Note: Schedule 2 sets out which visas may be granted on the basis of a person having experienced family violence. The criteria to be satisfied for the visa to be granted set out which persons may be taken to have experienced family violence, and how those persons are related to the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator mentioned in this regulation.

Circumstances in which family violence is experienced and committed—injunction under Family Law Act 1975
 (2) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if, on the application of the alleged victim, a court has granted an injunction under paragraph 114(1)(a), (b) or (c) of the Family Law Act 1975 against the alleged perpetrator.
 (3) For subregulation (2), the violence, or part of the violence, that led to the granting of the injunction must have occurred while the married relationship between the alleged perpetrator and the spouse of the alleged perpetrator existed.

Circumstances in which family violence is experienced and committed—court order
 (4) The alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed family violence, if:
 (a) a court has made an order under a law of a State or Territory against the alleged perpetrator for the protection of the alleged victim from violence; and
 (b) the order was made after the court had given the alleged perpetrator an opportunity to be heard, or otherwise to make submissions to the court, in relation to the matter.
 (5) For subregulation (4), the violence, or part of the violence, that led to the granting of the order 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—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