Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.21

Interpretation

         (1)   In this Division:

"competent person" means:

                (a)    in relation to family violence committed against an adult:

                          (i)    a person registered as a medical practitioner under a law of a State or Territory providing for the registration of medical practitioners; or

                         (ii)    a person registered as a psychologist under a law of a State or Territory providing for the registration of psychologists; or

                         (iii)    a person who:

                                   (A)     is a registered nurse within the meaning of section 3 of the Health Insurance Act 1973 ; and

                                   (B)     is performing the duties of a registered nurse; or

                        (iv)    a person who:

                                   (A)     is a member of the Australian Association of Social Workers or is recognised by that Association as a person who is eligible to be a member of that Association; and

                                   (B)     is performing the duties of a social worker; or

                         (v)    a person who is a family consultant under the Family Law Act 1975 ; or

                        (vi)    a person holding a position of a kind described in subregulation (2); or

               (b)    in relation to family violence committed against a child:

                          (i)    a person referred to in paragraph (a); or

                         (ii)    an officer of the child welfare or child protection authorities of a State or Territory.

"independent expert" means a person who:

                (a)    is suitably qualified to make independent assessments of non‑judicially determined claims of family violence; and

               (b)    is employed by, or contracted to provide services to, an organisation that is specified, in a Gazette Notice for this definition, for the purpose of making independent assessments of non‑judicially determined claims of family violence.

"non-judicially determined claim of family violence" has the meaning given by subregulations 1.23 (8) and (9).

"relevant family violence" means conduct, whether actual or threatened, towards:

                (a)    the alleged victim; or

               (b)    a member of the family unit of the alleged victim; or

                (c)    a member of the family unit of the alleged perpetrator; or

               (d)    the property of the alleged victim; or

                (e)    the property of a member of the family unit of the alleged victim; or

                (f)    the property of a member of the family unit of the alleged perpetrator;

that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety.

"statutory declaration" means a statutory declaration under the Statutory Declarations Act 1959 .

"violence" includes a threat of violence.

         (2)   The positions referred to in subparagraph (a) (vi) of the definition of competent person in subregulation (1) are:

                (a)    manager or coordinator of:

                          (i)    a women's refuge; or

                         (ii)    a crisis and counselling service that specialises in family violence; or

               (b)    a position with:

                          (i)    decision‑making responsibility for:

                                   (A)     a women's refuge; or

                                   (B)     a crisis and counselling service that specialises in family violence;

                                 that has a collective decision‑making structure; and

                         (ii)    responsibility for matters concerning family violence within the operations of that refuge or crisis and counselling service.



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