6.10.1 Family & domestic violence
Services Australia operates in a sensitive environment and must avoid, as far as possible, actions which could contribute to family and domestic violence.
On this page
- Family & domestic violence & action to obtain maintenance
- Identification of parents & carers at risk
- Management of cases
- Reporting threats of family & domestic violence
Family & domestic violence & action to obtain maintenance
A separated parent who receives FTB Part A for a child is required to take reasonable action to obtain maintenance from the other parent for that child under the maintenance action test, otherwise they may only be eligible to be paid the base rate of FTB Part A in respect of the child. This does not apply to non-parent carers. This would usually mean applying for a child support assessment. However, a parent can seek a full or partial exemption from the maintenance action test where there is a risk of family and domestic violence (FA Guide 220.127.116.11).
Services Australia provides social work services for parents who are experiencing family and domestic violence. Services Australia social workers can arrange referrals to community services to meet the immediate and longer term needs of parents in matters such as accommodation, legal and family counselling, health, material assistance and training.
Identification of parents & carers at risk
Services Australia may identify parents or eligible non-parent carers at risk of family and domestic violence. If this occurs before the person applies for a child support assessment, a full or partial exemption from the maintenance action test may be granted if necessary, and the person will not need to apply for a child support assessment for FTB purposes. Where the person is a parent and has already applied for a child support assessment, the social worker may provide an exemption from the maintenance action test. A full exemption allows the parent to either not proceed with their application, or to end the assessment where it has been accepted. Alternatively, a partial exemption may be granted in cases where a parent is collecting their child support privately. A partial exemption allows the parent to collect whatever they can without the full deemed amount being applied to their FTB Part A.
Services Australia officers are sometimes the first point of contact for people who are at risk of family and domestic violence. A person may openly state that they believe that they are at risk of family and domestic violence, or they may only imply that there is a risk.
Other organisations and third parties may contact Services Australia about parents or eligible non-parent carers who are at risk of family and domestic violence as a result of taking action to obtain child support. Services Australia will provide information and appropriate referral options to them.
Although a person may be subject to, or at risk of, violence they may not perceive this to be the situation. It is necessary to be alert to a person's perception of their situation. Where the person does not perceive a risk of violence it will usually be difficult for Services Australia to detect there is in fact a risk.
Management of cases
Where Services Australia identifies a person as being at risk of family and domestic violence, the circumstances of the situation may warrant increased security. If the case requires additional security, access to computer and paper file records will be in accordance with Services Australia's guidelines concerning restricted access.
Services Australia officers may not have the expertise to deal with many of the matters associated with family and domestic violence, nor are they expected to have this expertise. However, people who are at risk of family and domestic violence will be offered referrals to organisations that can provide help.
Services Australia maintains a directory of organisations that offer this kind of specialised help. Such organisations include welfare agencies, Legal Aid and Community Legal Centres and local support groups. They also include organisations that represent the interests of people from non-English speaking backgrounds.
Where a person is identified as being at risk, administrative options should be discussed with them. This could include details and consequences of:
- Proceeding with an application
- Continuing collection
- Ending a child support assessment due to family and domestic violence
- Reviewing an exemption
Wherever possible, a person must make their own decision about whether and how to pursue collection of child support and Services Australia will support their decision.
Services Australia recognises that a person at risk may adopt one course of action for a period of time and may later adopt another course if the situation has changed, and Services Australia will provide them with all options and encourage them to discuss their case if their situation changes.
Proceeding with an application
During the initial discussion with an applicant for child support, an officer may become aware that the applicant may be at risk. The applicant should be advised that continuing with the application means that Services Australia will need to contact the other party to the assessment. If the applicant has concerns about that contact they can withdraw the application and apply for an exemption from the FTB maintenance action test, if necessary. The applicant should be advised to reapply for child support if an exemption is not granted.
A payee may decide that they wish the assessment to continue and for the amounts payable to be collected by Services Australia.
In such cases, Services Australia will take particular care to manage the case in a sensitive and appropriate manner. Services Australia, in consultation with the payee, will adopt strategies to reduce the likelihood of violent behaviour and provide safety for the payee and the children, for example, advising the payee before commencement of enforcement action and before Services Australia contacts the payer to discuss liabilities and collection action. Services Australia may also refer the payee to other organisations for support.
If the payee decides they wish to privately collect their assessment and they do not wish to pursue a full or partial exemption, Services Australia will discuss the potential consequences of such a decision with the payee, such as the impact of a retrospective increase in the assessment (FA Guide 18.104.22.168 and CS Guide 5.1.4).
Ending a child support assessment due to family & domestic violence
A payee can elect to end their child support assessment. Services Australia will end the case and advise the payee they can reapply for a child support assessment at any time in the future (CSA Act section 151).
If a payee who is receiving or is entitled to receive more than the base rate of FTB Part A is considered to be at risk of family and domestic violence, Services Australia will offer a referral to a social worker for a risk assessment. If the payee is assessed to be at risk of family and domestic violence, they may be granted an exemption from the maintenance action test (FA Guide 22.214.171.124). If they have not already made an election to end their assessment, Services Australia will invite them to make an election (2.10.2).
When Services Australia accepts a payee's election to end a child support assessment due to the threat of family and domestic violence, details of why the case was ended will be recorded in their case records.
Reviewing an exemption
Services Australia will review each case where a parent who is an FTB recipient has been granted an exemption from taking maintenance action. The purpose of the review is to see whether the parent's circumstances have changed and, if so, whether the exemption is still appropriate.
If the social worker finds that the parent is no longer at risk from violence or that it is no longer appropriate for the parent to be exempt from taking reasonable maintenance action, the parent will be advised that they are required to apply for a child support assessment within 14 days. Some parents may not have had a previous child support case and others may have ended the case under section 151 of the CSA Act.
Reporting threats of family & domestic violence
Services Australia will make a record of any conversation with a person threatening violence and any conversation with the person who is the subject of a threat. The record may be required as evidence in court proceedings.
Where a person makes a threat against another person, Services Australia will consider whether the matter should be reported to the police.
The secrecy provisions in the child support legislation allow Services Australia to disclose the threat to the person being threatened and to ask them whether they want Services Australia to report the incident (CSRC Act section 16(3) and CSA Act section 150). The disclosure is for the purposes of the child support legislation because Services Australia must disclose the threat in order to talk to the payee about appropriate future assessment and collection activities.
Services Australia will usually consult with the threatened person before deciding to report a threat of violence to the police, but this is not a requirement (CSRC Act section 16(3) and CSA Act section 150(3)). Where there is an immediate or urgent need to prevent an offence, Services Australia will report a threat to the police without prior consultation with the threatened person (CSRC Act section 16(3)(e) and CSA Act section 150(3)(e)). There may also be occasions where the officer handling the matter will report a threat to the police against the wishes of the threatened person because they believe the threat to that person's safety is so serious. This may be the case where Services Australia is aware of a current intervention order such as a domestic violence order (DVO) or apprehended violence order (AVO).