{"id":"F2023L00382","name":"Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023","slug":"migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441795,"registerId":"F2023L00382-fast-fetch-1775957002649","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/026\n\nMigration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make this instrument under paragraph 1.24(b) of the Migration Regulations 1994 (the Regulations).\n\nDated 30 March 2023\n\n \n\nThe Hon. Andrew Giles MP\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n\n \n\nContents\n\n[Part 1 Preliminary](#_Toc129338183)\n\n[1 Name](#_Toc129338184)\n\n[2 Commencement](#_Toc129338185)\n\n[3 Definitions](#_Toc129338186)\n\n[4 Types of evidence](#_Toc129338187)\n\n[5 Number of items of evidence](#_Toc129338188)\n\n[6 Repeal](#_Toc129338189)\n\n[7 Savings and transitional](#_Toc129338190)\n\n[Schedule 1 Evidence](#_Toc129338191)\n\n \n\nPart 1 Preliminary\n\n1 Name\n\n  This instrument is the Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023.\n\n2 Commencement\n\n  This instrument commences the day after it is registered on the Federal Register of Legislation.\n\n3 Definitions\n\n  In this instrument:\n\nchild welfare officer means an officer of a child welfare authority or a child protection authority of a State or Territory.  \n\neducation professional means a school counsellor, school principal or teacher who has taught or counselled the alleged victim.\n\nfamily consultant has the meaning provided in section 11B of the Family Law Act 1975.\n\nfamily relationship counsellor means a counsellor who provides services at a family relationship centre.\n\nfamily 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.\n\nmedical practitioner has the meaning provided in the Health Insurance Act 1973.\n\npsychologist 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.\n\nregistered nurse has the meaning provided in the Health Insurance Act 1973.\n\nmidwife has the meaning provided in the Health Insurance Act 1973.\n\npolice officer means:\n\n(a)   a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or\n\n(b)   a member, however described, of a police force of a State or Territory.\n\nsocial 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.\n\n4 Types of evidence\n\n(1)   For the purposes of paragraph 1.24(b) of the Regulations, the types of evidence mentioned in Schedule 1 are specified.\n\n(2)   All items of evidence must be sufficiently detailed and include the required information as mentioned in Schedule 1.\n\n(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, and include the following details:\n\n(a)  full name;\n\n(b) occupation;\n\n(c) signature;\n\n(d) date;\n\n(e) address; and\n\n(f) contact phone number.\n\n5 Number of items of evidence\n\n  For the purposes of paragraph 1.24(b) of the Regulations:\n\n(a)      subject to paragraph (b), a minimum of two items of evidence mentioned in Schedule 1 are specified;\n\n(b)      each item of evidence must be of a different type of evidence.  \n\n6 Repeal\n\n  Migration Regulations 1994—Evidentiary Requirements—IMMI 12/116 (F2012L02237) is repealed.\n\n7 Savings and transitional\n\n  Anything done under the Migration Regulations 1994—Evidentiary Requirements—IMMI 12/116 (F2012L02237) continues to be in effect as if it had been done under this instrument.\n\n\n\n\nSchedule 1  Evidence\n\n (s.4)\n\n \n\n1 Table: Types of Evidence\n\n- Type of evidence Items of evidence Information that must be included\n- Medical Any of the following made by a medical practitioner, registered nurse or midwife who is acting in their professional capacity: (a) medical report;(b) hospital report; (c) discharge summary; (d) letter; (e) statutory declaration. The item of evidence must:(a) identify the alleged victim; and (b) detail the injuries or treatment of the alleged victim that may be consistent with family violence.\n- Police Any of the following made by a police officer who is acting in their professional capacity:(a) report; (b) record of assault or family violence;(c) risk assessment;(d) witness statement; (e) statutory declaration. The item of evidence must:(a) identify the alleged victim; and (b) identify the alleged perpetrator or provide information from which the identity of the alleged perpetrator can reasonably be inferred; and (c) detail the incident(s) of family violence.\n- A witness statement made by a person, other than the alleged victim, to a police officer during the course of a police investigation.\n- Child welfare officer Any of the following made by a child welfare officer who is acting in their professional capacity:(a) report;(b) letter;(c) statutory declaration. The item of evidence must:(a) detail fears for the dependent child’s safety due to family violence within the household; and(b) identify the alleged perpetrator or provide information from which the identity of the alleged perpetrator can reasonably be inferred.\n- Family violence support service provider Any of the following made by a family violence support service provider who is acting in their professional capacity:(a) report;(b) letter;(c) risk assessment;(d) statutory declaration. The item of evidence must:(a) state that the alleged victim has made a claim of family violence; and (b) state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence; and(c) identify the alleged perpetrator or provide information from which the identity of the alleged perpetrator can reasonably be inferred.\n- Social worker Any of the following made by a social worker who is acting in their professional capacity:(a) report; (b) letter; (c) statutory declaration. The item of evidence must: (a) state that the alleged victim has made a claim of family violence; and(b) state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence; and(c) identify the alleged perpetrator or provide information from which the identity of the alleged perpetrator can reasonably be inferred.\n- Psychologist Any of the following made by a psychologist who is acting in their professional capacity:(a) report; (b) letter; (c) statutory declaration. The item of evidence must:(a) state that the alleged victim has made a claim of family violence; and(b) state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence; and(c) identify the alleged perpetrator or provide information from which the identity of the alleged perpetrator can reasonably be inferred.\n- Family consultant / family relationship counsellor Any of the following made by a family consultant or a family relationship counsellor who is acting in their professional capacity:(a) report;(b) letter; (c) statutory declaration. The item of evidence must:(a) state that the alleged victim has been treated or counselled by the family consultant or family relationship counsellor; and (b) state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence; and(c) identify the alleged perpetrator or provide information from which the identity of the alleged perpetrator can reasonably be inferred.\n- Education professional Any of the following made by an education professional who is acting in their professional capacity:(a) report;(b) letter; (c) statutory declaration. The item of evidence must: (a) state that they have made, or been made aware of, observations that are consistent with the alleged victim’s claims of being subject to family violence; and (b) provide details of those observations; and (c) identify the alleged perpetrator or provide information from which the identity of the perpetrator can reasonably be inferred.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (IMMI 12/116 from 2012). It continues to specify evidentiary requirements for family violence claims under the Migration Regulations. While it updates and restructures the content—adding new categories like education professionals and midwives, and clarifying formatting requirements—it does not expand beyond the original purpose of specifying what evidence is required for family violence provisions in migration law."},"complexity_factors":["Short instrument: only 7 sections plus a schedule","Straightforward structure: definitions, general requirements, then detailed table in Schedule 1","No nested exceptions or complex conditional logic—just one simple exception in section 5(b) requiring different evidence types","11 defined terms, all referencing external legislation or using plain descriptions","Single cross-reference to Migration Regulations 1994 paragraph 1.24(b)","Schedule 1 uses a clear table format with three columns (evidence type, items, required information)","Minimal savings and transitional provisions—just one section preserving existing actions"],"plain_english_summary":"This law sets out what paperwork people need to provide if they're claiming family violence in their visa or migration matters. It replaces an older 2012 rule.\n\n**Who it affects:**\n- People applying for Australian visas who need to prove they've experienced family violence (for example, to stay in Australia after a relationship breaks down due to violence)\n- The professionals who help document this violence (doctors, police, social workers, teachers, etc.)\n\n**What it does:**\n- Lists **8 types of evidence** that can be used to prove family violence claims: medical reports, police reports, child welfare reports, family violence support service reports, social worker reports, psychologist reports, family consultant/counsellor reports, and education professional reports\n- Requires **at least two different types** of evidence (you can't submit two medical reports—you need two different kinds, like one medical and one police report)\n- Sets **strict formatting rules**: all evidence must be in English, on official letterhead, signed, dated, and include contact details\n- **Repeals the old 2012 instrument** but protects anything already done under those old rules\n\n**Why it matters:**\nFamily violence provisions in migration law allow victims to stay in Australia even if their relationship with their sponsor has ended. This instrument makes the evidence requirements clearer and more structured, helping both applicants and decision-makers understand exactly what documentation is needed. It broadens who can provide evidence compared to some older approaches, now including education professionals and midwives."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Replaces IMMI 12/116 with updated and consolidated evidentiary requirements for family violence claims under regulation 1.24(b) of the Migration Regulations 1994. The substance of the requirements is unchanged, although the list of eligible evidence providers has been clarified and the instrument is presented in a more structured format."},"complexity_factors":["specifies multiple categories of acceptable evidence with distinct requirements","contains detailed formatting and content conditions for each type of evidence","requires cross-referencing with the Migration Regulations 1994"],"plain_english_summary":"This instrument sets out the written evidence the Department of Home Affairs will accept when family violence is claimed in visa applications—what documentary forms are acceptable, who may provide them, and the required content and format (English, professional letterhead, signatory details). It requires at least two different types of evidence, consolidates and clarifies previous guidance (replacing IMMI 12/116), commenced 31 March 2023, and does not change the substantive family violence law. It affects applicants and professionals who supply supporting documents."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Migration Regulations evidentiary specification (s.6) and replaces it with the current list and format requirements (s.4; Schedule 1). The transitional clause preserves actions taken under the prior instrument (s.7), but the operative scope of acceptable evidence and formatting requirements is revised by this instrument."},"complexity_factors":["Multiple prescribed evidence types with distinct required content (Schedule 1)","Minimum-quantity rule requiring two items of different types (s.5)","Formatting and attestation requirements for each item (s.4(3): professional letterhead, full name, occupation, signature, date, address, phone)","Cross-references to other statutes for definitions (Family Law Act 1975, Health Insurance Act 1973, Health Practitioner Regulation National Law Act 2009)","Administrative discretion for decision-makers to assess whether items are \"sufficiently detailed\" (s.4(2); Schedule 1 wording)","Inclusion of statutory declarations and agency reports increases variability in documentary forms and evidentiary weight","Repeal of prior instrument with savings/transitional provisions (s.6–7) requiring administrative alignment"],"plain_english_summary":"Specifies what counts as evidence of family violence for migration purposes: which professionals or agencies may provide it (medical practitioners, police, social workers, psychologists, child welfare officers, family counsellors, education professionals), what information must appear, and that at least two different types of written items on professional letterhead are required (s.4(3); s.5; Schedule 1).\n\nAffects visa applicants claiming family violence and the professionals/organisations certifying evidence; it replaces the prior evidentiary instrument and preserves past actions (s.6–7). It matters because it fixes evidentiary format and number, reallocating compliance costs to applicants and certifiers."}},"importantCases":[],"_links":{"self":"/api/acts/migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023","history":"/api/acts/migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023/history","analysis":"/api/acts/migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023/analysis","conflicts":"/api/acts/migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023/conflicts","importantCases":"/api/acts/migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023/important-cases","documents":"/api/acts/migration-specification-of-evidentiary-requirements-family-violence-instrument-lin-23-026-2023/documents"}}