Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 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 the alleged perpetrator.

         (2)   A statutory declaration under this regulation that is made by a person mentioned in subregulation 1.25 (1) who alleges that he or she is the victim of relevant family violence (within the meaning of subregulation 1.21 (1)) 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 1.25 (1) who alleges that another person is the victim of relevant family violence (within the meaning of subregulation 1.21 (1)) 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.



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