Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p29
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 29/30)
Character Range: 183320–186104

partner of the alleged perpetrator; or
 (b) the relationship existed between the alleged perpetrator and the prospective spouse of the alleged perpetrator.

1.24  Evidence
  The evidence mentioned in paragraph 1.23(9)(c) is:
 (a) a statutory declaration under regulation 1.25 (which deals with statutory declarations by or on behalf of alleged victims); and
 (b) the type and number of items of evidence specified by the Minister by instrument in writing for this paragraph.

1.25  Statutory declaration by alleged victim etc
 (1) A statutory declaration under this regulation must be made by the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator.
 (2) A statutory declaration under this regulation that is made by a person mentioned in subregulation (1) who alleges that he or she is the victim of relevant family violence (within the meaning of regulation 1.21) must:
 (a) set out the allegation; and
 (b) name the person alleged to have committed the relevant family violence; and
 (c) if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:
 (i) name the person whom the conduct of the alleged perpetrator was towards; and
 (ii) identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards.
 (3) A statutory declaration under this regulation that is made by a person mentioned in subregulation (1) who alleges that another person is the victim of relevant family violence (within the meaning of regulation 1.21) must:
 (a) name that other person; and
 (b) set out the allegation; and
 (c) identify the relationship of the maker of the statutory declaration to that other person; and
 (d) name the person alleged to have committed the relevant family violence; and
 (e) if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:
 (i) name the person whom the conduct of the alleged perpetrator was towards; and
 (ii) identify the relationship between the alleged victim and the person whom the conduct was towards; and
 (iii) identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards; and
 (f) set out the evidence on which the allegation is based.

1.27  Documents not admissible in evidence
  A document mentioned in the table is not admissible in evidence before a court or tribunal otherwise than in:
 (a) an application for judicial review of a decision to refuse to grant a visa the application for which included the non‑judicially determined claim of family violence to which the document relates; or
 (b) an application for merits review of a decision to refuse to grant a visa the application for