Family violence
This exemption may apply to primary clients, partners and sole parents with work or work preparation obligations.
A client who has left a situation of family violence may be exempt from meeting all of their work obligations or work preparation obligations until they have had time to adjust to their new living circumstances.
This is a full exemption.
MSD should talk to the regional Family Violence Response Co-ordinator before granting an exemption. MSD should also consider:
- Is the client living in temporary refuge accommodation while they seek a permanent home?
- Are they helping children adjust to a new family situation?
Definition of family violence
Family violence is a term used to describe violence within the family and close personal relationships.
Family violence covers a broad range of controlling behaviours which typically involve fear, intimidation, and emotional deprivation.
Family violence is defined as:
- physical abuse
- sexual abuse
- psychological abuse including but not limited to intimidation, harassment, damage to property or threats of physical, sexual or psychological abuse
Duration
This exemption is initially given for up to 3 months.
Evidence
Clients who have recently left situations of family violence will not have to provide evidence.
If a client still needs an exemption after 3 months MSD can ask for evidence. MSD should consult the regional Family Violence Response Co-ordinator for advice on the most appropriate way to proceed.
Evidence can include statements from:
- their registered health practitioner
- their church
- their lawyer
- the police
- Women's Refuge
- any other person or organisation that is able to support the client's application
For more information see:
Legislation
- Meaning of family violence section 9 Family Violence Act 2018
- Exemption from work-preparation obligations regulation 100 Social Security Regulations 2018
- Exemption from work-test obligations: all work-tested beneficiaries regulation 101 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested spouses or partners regulation 102 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested sole parents receiving jobseeker support regulation 103 Social Security Regulations 2018
