Legal Remedies for Domestic Violence and Tenancy Issues in Australia

This article discusses the legal remedies available for domestic violence and tenancy issues in Australia. It covers the revised family law on violence, the circumstances in which landlords can increase rent, and Aidre's legal options for criminal prosecution and compensation from the National Redress Scheme. The article also provides appropriate considerations and referrals for those seeking legal assistance.

WELFARE LAW
Question 1
The Australian law acts as the backbone and regulatory body of all the actions and
unlawful behavior of people in the country. It constitutes laws which govern the acceptable code
of conduct and relationship of individuals in Marriage. In this context, we will discuss the legal
system that falls under the family law primarily in the case of abuse or domestic violence.1 The
case for Line and her husband Boa will form the basic framework in this study. The compilation
of this assignment will entail the revised family Violence principle of the 4th edition which was
amended in December 2016.2
About the revised Family law on violence, it distinguishes the types in which domestic
violence may be sub-divided into. It gives four categories which include the Coercive controlling
violence, separation instigated violence, resistance of violence and situational couple violence.3
In this context, our study falls under the predominant coercive violence which entails the use of a
series of threats, abusing someone emotionally, use of force and any other form of coercive
practices.4 The primary target of this form of this violence is to control, and it does not entail
physical harm.
1 Teubner, Gunther, ed. Juridification of Social Spheres: A Comparative Analysis in the Areas ob Labor, Corporate, Antitrust and Social Welfare
Law. Vol. 6. Walter de Gruyter, 2012.
2 Lim-Applegate, Hazel, Peter McLean, Phil Lindenmayer, and Ben Wallace. "New age pensioners—trends in wealth1." Improving the lives of
Australians (2009).
3 Webb, R., 2008. The Intervention: A Message from the Northern Territory. Indigenous Law Bulletin, 7(9), p.18.
4 Soldatic, Karen, and Barbara Pini. "The three Ds of welfare reform: disability, disgust and deservingness." Australian Journal of Human
Rights 15, no. 1 (2009): 77-95.
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Legal remedies to protect Linh and Her children from Bao
a) Filling a family violence order. (Section 60CF, Rule 2.05), this requires the party to
proceedings to advise the court about the violence and therefore file a copy of the family
violence order. By doing this, the safety of Linh and the Children will be guaranteed by the
court.
b) Filling a written notice. This is done where a copy of the family violence order is not
available, and it must constitute the attempt of filing a request within a specific period, date of
the law and the details to be contained in the order as stated in 2.05(2) rule. This will help Linh
be protected by the court from her husband.5
c) Filling a notice and supporting the affidavit setting evidence to the person in which the
allegation is made. In this case, Linh will be required to supply an affidavit for the alliterations
towards her husband's Abuse.6 This will be a follow up of finding a solution to the problem of
violence.
The services one could support to Linh is to find the right solution with the Family court of law
since the judges will guarantee her of the following range of protection
a) Giving her the possession of the home and excluding her husband from the household
b) Requiring Bao to find an alternative home
c) Demanding possession of personal property
d) Ordering the husband Bao to refrain from violence and abuse
5 Walter, Maggie, Natalie Jackson, and Bruce Felmingham."Keeping Australia's older workers in the labour force.A policy
perspective." Australian Journal of Social Issues 43, no. 2 (2008): 291-309.
6 Walter, Maggie, Natalie Jackson, and Bruce Felmingham."Keeping Australia's older workers in the labour force.A policy
perspective." Australian Journal of Social Issues 43, no. 2 (2008): 291-309.
2

e) Provision of temporary Custody for the children
Can Sandra Increase Linh Rent to $360?
In compliance with the Australian law on tenancies and accommodation act 2008, section
55, provides the circumstances in which the landlord is supposed to increase the rent and how it
can be carried out. Generally, the first step in doing this is by providing a legal document not less
than two-month notice for the increase in rent. The tenant has the right to object the
improvement in adherence to the jurisdiction on Administrative Tribunal (QCAT).7
In this case, Sandra is not supposed to increase Linh rent since the legal documentation and
notice have not been provided and the statutory time frame for the increase has not been
considering.
Can Linh insist Sandra repair the hot water service or repair any of the other faults at the
flat?
In consideration to the Administrative Tribunal for jurisdiction, the tenants have the right
to object the increase of rent if the state of the premise needs repair.8 Therefore, in this case,
Sandra must repair the flat and maintain the right state of the house if she wishes to exact any
increment in rent.
Any other appropriate considerations or referrals
The other concern is to advise linh find a premise that fits her income to help the children
and her stay a better life. She is also expected to understand what the family law
7 Chunn, Dorothy E., and Shelley AM Gavigan."Welfare law, welfare fraud, and the moral regulation of the ‘never deserving’poor." Social &
legal studies 13, no. 2 (2009): 219-243.
8 Super, David A., Sharon Parrott, Susan Steinmetz, and Cindy Mann. "The new welfare law." Center on Budget and Policy Priorities (2010).
3

Can do and protect and what cannot do to be applying the relevant legal framework in case
family issues occur.
Question 2
Where can you refer Aidre for legal advice about possible criminal prosecution?
Legally, one would Advise Aidre to request for assistance from an expert of Criminal
law. This will require her to find and pay a lawyer who understands about Criminal prosecution.
In case Aidre is not in a position to afford a lawyer, I could advise her to access the free legal aid
in the Australian state. This helps the residents have access to legal representations as well as
granting those rights to ask questions to lawyers concerning their constitutional rights not only
concerning criminal prosecution but also about the other types of offenses or issues.
Whether Aidre can challenge the Centrelink's decision and if so how?
Aidre will have very little to challenge the Centrelink decision simply because in
accordance to the interview done by an employee from Centrelink portrayed that she had
violated the guidelines or rules that are meant by those who apply for the Single age pension. All
this are against the rules of the people accessing single age pension.9 Thus Aidre cannot
challenge the Centrelink decision because of the feedback she gave during the interview.
Other social security payments Aidre might be entitled to?
Aidre will be subjected to the early payment of the single age pension plan; she will also
suffer some costs originating from the Centrelink department. Centrelink will require Aidre to
sign a vouching document for their relationship status which is termed as offensive.10 Within two
9 Denniss, Richard, and Tom Swann. Boosting retirement incomes the easy way. September, The Australia Institute, Canberra, 2014.
10 Hunter, Wendy, and Tony Worsley."Understanding the older food consumer. Present day behaviours and future expectations." Appetite 52, no.
1 (2009): 147-154.
4

months she will be needed to make single parent payments and also the referee will be required
to sign a legally binding form which attracts twelve-month prison sentence during to failing to
present the relevant information concerning their current relationship with Jonathanas11
Will she be entitled for compensation from National Redress scheme?
The department of Commonwealth in Australia sub-divides those individual for
compensation in two categories that is Care –leavers and non-care leavers.12 Aidre is legible for
reimbursement through the current state of payment for Australian Government is well defined
and care-levers, as well as the non-care leavers, are seeking to redress the failure of the
government to undertake its role in that sector
Will her Pension be subjected to cashless welfare Card?
Aidre will be subjected to a cashless welfare card just because the cashless debit card
applies to this individual who is getting any other sources of income. In this case, as stated in the
case study it shows that the is a mutual benefit between Aidre and Jonathan. This is evidenced
whereby it said that Jonathan provides financial, physical and emotional assistance.
Appropriate consideration and referrals
The other consideration, in this case, is to request Aidre to hire a lawyer who will help
her defend her rights in the court of law from the violation of the terms contained in the single
age pension plan. She will also need financial support from Jonathan which will help her get
enough money to pay a lawyer.
11 Novak, William J. The people's welfare: law and regulation in nineteenth-century America. Univ of North Carolina Press, 2010.
12 Madden, Kelly, and Margie Law. Tasmanian community survey: financial hardship. Anglicare Tasmania, 2011.
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Conclusion
The concept of welfare has to be well understood, and an individual should also
understand how the law operates and what it can do and what it cannot do in case it’s violated.
The two incidences have exhausted a significant need for this law and formulated some of its
importance to the Australian Citizens.
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References
Chunn, Dorothy E., and Shelley AM Gavigan."Welfare law, welfare fraud, and the moral
regulation of the ‘never deserving’poor." Social & legal studies 13, no. 2 (2009): 219-243.
Denniss, Richard, and Tom Swann. Boosting retirement incomes the easy way. September, The
Australia Institute, Canberra, 2014.
Hunter, Wendy, and Tony Worsley."Understanding the older food consumer. Present day
behaviours and future expectations." Appetite 52, no. 1 (2009): 147-154.
Kline, Marlee. "Child welfare law," best interests of the child" ideology, and First
Nations." Osgoode Hall LJ 30 (2009): 375.
Lim-Applegate, Hazel, Peter McLean, Phil Lindenmayer, and Ben Wallace. "New age
pensioners—trends in wealth1." Improving the lives of Australians (2009).
Madden, Kelly, and Margie Law. Tasmanian community survey: financial hardship. Anglicare
Tasmania, 2011.
Novak, William J. The people's welfare: law and regulation in nineteenth-century America. Univ
of North Carolina Press, 2010.
Soldatic, Karen, and Barbara Pini. "The three Ds of welfare reform: disability, disgust and
deservingness." Australian Journal of Human Rights 15, no. 1 (2009): 77-95.
Super, David A., Sharon Parrott, Susan Steinmetz, and Cindy Mann. "The new welfare
law." Center on Budget and Policy Priorities (2010).
Teubner, Gunther, ed. Juridification of Social Spheres: A Comparative Analysis in the Areas ob
Labor, Corporate, Antitrust and Social Welfare Law. Vol. 6. Walter de Gruyter, 2012.
8

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