Document ID: chunk:federal_register_of_legislation:F2023L00382:body:0:p1
Version: federal_register_of_legislation:F2023L00382
Segment Type: other
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LIN 23/026
Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023
I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make this instrument under paragraph 1.24(b) of the Migration Regulations 1994 (the Regulations).
Dated 30 March 2023

The Hon. Andrew Giles MP
Minister for Immigration, Citizenship and Multicultural Affairs

Contents
Part 1 Preliminary
1 Name
2 Commencement
3 Definitions
4 Types of evidence
5 Number of items of evidence
6 Repeal
7 Savings and transitional
Schedule 1  Evidence

Part 1 Preliminary

1 Name
        This instrument is the Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023.

2 Commencement
        This instrument commences the day after it is registered on the Federal Register of Legislation.

3 Definitions
        In this instrument:
child welfare officer means an officer of a child welfare authority or a child protection authority of a State or Territory.
education professional means a school counsellor, school principal or teacher who has taught or counselled the alleged victim.
family consultant has the meaning provided in section 11B of the Family Law Act 1975.
family relationship counsellor means a counsellor who provides services at a family relationship centre.
family violence support service provider means a women's refuge, or domestic and family violence crisis centre, or a community, multicultural or other crisis support service providing domestic and family violence assistance or support to the alleged victim.
medical practitioner has the meaning provided in the Health Insurance Act 1973.
psychologist means a person registered under the Health Practitioner Regulation National Law Act 2009, as enacted and in force in each State and Territory, to practice in the psychology profession.
registered nurse has the meaning provided in the Health Insurance Act 1973.
midwife has the meaning provided in the Health Insurance Act 1973.
police officer means:
                (a)   a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
                (b)   a member, however described, of a police force of a State or Territory.
social worker means a member of the Australian Association of Social Workers, or a person who is eligible to be a member of that Association, and who has provided counselling or assistance to the alleged victim while performing the duties of a social worker.

4 Types of evidence
    (1)   For the purposes of paragraph 1.24(b) of the Regulations, the types of evidence mentioned in Schedule 1 are specified.
    (2)   All items of evidence must be sufficiently detailed and include the required information as mentioned in Schedule 1.
    (3)  All items of evidence provided by a person, officer or provider mentioned in Schedule 1, must be in writing in English on their professional letterhead or the professional letterhead of their organisation,