8. Family

​C. Family Violence

​i.  Legislation

Commonwealth:
Made under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth):
  • Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) amended by the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2020 (No. 3): repeals and replaces Part 4.15 of the Rules regarding "Procedure to follow where a customer cannot provide satisfactory evidence of identity". According to the Explanatory Statement, "There is increased recognition that government, community and business need to work together to improve the outcomes for those experiencing family and domestic violence (FDV). This includes ensuring that victims of FDV who are leaving or have left an abusive relationship can access a bank account independent of their abuser.  Perpetrators of FDV may exert control by not allowing those they abuse to have their own bank account, or by withholding their identification documents (ID). Additionally, an abused person may flee their relationship without their ID. Having left the relationship, they then may not have a permanent address, or their new address differs from the address shown on their ID. This may present challenges for an abused when opening bank accounts. Part 4.15 of the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules) sets out existing processes for reporting entities to follow in limited and exceptional circumstances where a customer is unable to provide satisfactory evidence of their identity.  The amendment of the headnote to Part 4.15 makes it plain that a reporting entity can use the processes described in Part 4.15 when their customer is experiencing or has experienced FDV".

Victoria:
Family Violence Protection Act 2008 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
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New South Wales:
Crimes (Domestic and Personal Violence) Act 2007 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW).

Western Australia:
Family Violence Legislation Reform (COVID-19 Response) Act 2020 (WA), which amends the following Acts:
​Australian Capital Territory:
Family Violence Act 2016 (ACT) amended by the COVID-19 Emergency Response Act 2020 (ACT).

ii.  Case law

​This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.