Since the launch of the Safe Landing program at South-East Monash Legal Service, we have seen first-hand how the demands placed on victim-survivors of family violence to compile referrals, reports, legal documents and paperwork while seeking safety creates a heavy administrative burden that can be overwhelming.
Originally an initiative of Northern Community Legal Centre, the Safe Landing program supports victims/survivors of family violence who are on a temporary visa to access integrated legal support from a migration lawyer, family lawyer and family violence lawyer.
Through the course of our work in the family violence and migration space we have seen how difficult it is for victim-survivors on temporary partner visas to provide the mountains of evidence required to prove their experiences of family violence.
The Australian Law Reform Commission Report entitled Family Violence: A National Legal Response identified some of the difficulties that victims/survivors face in giving evidence in court about family violence, however, the demand for proof goes beyond our court system, with a range of state and non-government agencies requiring different forms of evidence to administer financial aid.
Most notably, the Department of Home Affairs generally requires victims/survivors on eligible visas to prove their relationship was genuine and exclusive, as well as proving they experienced family violence in the relationship.
For our clients, the family violence perpetrated against them makes it incredibly difficult to access evidence of their relationship, as they may have faced social isolation, restricting their access to social activities and support.
As a result, many of our clients will struggle to provide photos of themselves and their ex-partner at cultural and social events, as well as having limited access to friends who can give supporting evidence.
While some people may provide evidence of shared finances to prove their partnership to the Department, our clients have faced financial abuse and often don’t have access to bank statements, bills and rental agreements.
Adding to this the requirement for victim-survivors to disclose their trauma in detail multiple times – while navigating referrals for psychologists and family violence specialists in the pursuit of strong evidence – the administrative burden can become overwhelming.
SMLS’s experience in this space has highlighted the need for greater efforts to reduce this burden and increase support. Sadly, we do see victims/survivors disengage and return to their abusive relationships because of a confluence of factors, including the overwhelming stress of having to prove their story is true.
Our team at SMLS support clients to navigate this mountain of paperwork to ensure they can recover and thrive. With our partners at Northern Community Legal Centre, we continue to advocate for changes to laws and legal processes that will benefit vulnerable clients.
