Shayne Neumann (Blair, Australian Labor Party, Shadow Minister for Indigenous Affairs) Share this | Link to this | Hansard source

I rise to support the Migration Amendment (Family Violence and Other Measures) Bill 2016. Labor is going to support the passage of this bill through the House today but I note that during the last parliament this bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee. The committee was due to report back in May 2016; however, dissolution of parliament prevented that happening. To the best of my knowledge and belief, the report is about to be or has been delivered this afternoon.

The bill before the chamber amends the Migration Act to introduce an assessable sponsorship framework for family sponsored visas. It enables the sharing of personal information about sponsors with family visa applicants and allows the refusal of a sponsorship application or the cancellation or the barring of a family sponsor where it is found that person has a history of family violence or another serious offence. Under the current system family visa applicants make an application and their sponsorship is assessed as part of the criteria for the grant of the visa. Arrangements vary across family visas but under current settings for most visas there is little focus on the character of the sponsor or the responsibility they assume as part of the sponsorship.

Labor recognises that in some instances sponsors would not always have a longstanding or ongoing knowledge of the sponsoring family member prior to their visa being sponsored. This bill allows the sharing of police checks and will help family visa applicants better understand the background of their sponsor and equip them, especially those with minors, with the information they need before agreeing to be sponsored. It is expected this clause will offer some warning or protection to vulnerable family members seeking a visa to live in Australia.

Currently, all visas in the family stream have a sponsorship requirement as part of the criteria for the granting of the visa. However, claims of family violence in the program and the lack of sponsorship enforcement mechanisms mean that changes are needed to improve program integrity and to provide more suitable visa options for victims of family violence. The bill will provide the minister or delegate with the power to refuse a sponsorship application or cancel an existing sponsorship approval, where there is inappropriate use of the family visa program or the sponsor has a history of family violence or similar arising from a police check or other relevant immigration programs—for example, previous visa cancellations.

The bill makes no change to the existing violence provisions of the Migration Act which allow certain people applying for permanent residence in Australia to continue with their application after the breakdown of their married or de facto relationship, if they or a member of their family unit have experienced family violence by their partner.

The improvements introduced with this bill will address these shortcomings by extending the sponsorship framework that currently applies to the temporary work sponsored visa program to the family sponsored visa program as well. Amongst other things, the framework requires the assessment and approval of sponsors—we agree with that. It imposes statutory obligations on sponsors, which is a good idea as well. It provides for civil penalties and administrative sanctions for breach of sponsorship obligations and it facilitates the sharing of information, which is important for the integrity of the system and for the prevention of family violence.

The new visa framework will require consequential regulations, and we look forward to those so that it is given full effect.

I note the submissions made by stakeholders to the Senate Legal and Constitutional Affairs Committee and thank them for their views and their submissions. I note there were concerns raised about privacy, the vulnerability of victims of family violence, impacts on visa processing times and the potential for increased costs. However, Labor also acknowledges the Coalition Against Trafficking in Women Australia who have offered their 'broad support' for the bill and agrees that 'the proposed changes to the visa program, regarding family violence, are both necessary and overdue.'

Labor recognises concerns by some that these amendments do not go far enough to protect vulnerable family members, but we believe these amendments are a step in the right direction. Family violence is a very serious issue and one Labor is committed to tackling head on. We took a series of measures to the last election which were aimed at ending the scourge of family violence in our community. We believe eliminating family violence must be a national priority and, while Australia has made good progress, there is more that can and must be done.

That is why we would ask the government to consider further measures to protect people on temporary visas who are facing family and domestic violence by creating a new type of temporary visa. The temporary visas would remove impediments to women leaving their partners and would carry work rights so that women leaving violent relationships can seek to support themselves. This is an important bipartisan area and we commend the government for the legislation before the chamber today. I note that the minister is here and I suggest that he listens to that and takes it on board. We need greater protections for women facing family and domestic violence.

While Labor can offer our support for this bill, I echo the words of so many people who say we must do much more. I commend the legislation to the chamber and ask the government to take a stronger approach on issues of family violence and the protection of women and children in this space.

Terri Butler (Griffith, Australian Labor Party) Share this | Link to this | Hansard source

I rise to support the bill but also to call on the government to do more in relation to family and domestic violence because women in new migrant communities can be particularly vulnerable in relation to family violence. The reasons for that vulnerability include: attitudes towards violence, a lack of expertise and cultural knowledge on the part of mainstream community workers, English language proficiency, trust by victims towards mainstream services, specialist and culturally sensitive women's health and domestic violence services and victims' awareness about existing services.

For those reasons we took to the election a policy of committing $3.8 million over four years toward developing pilot programs that assist new migrants in gaining access to family and domestic violence services. We also took to the election a policy of creating a new form of visa. The reason we did that is that, as I said, this is a particularly vulnerable population. Those on a secondary visa are particularly vulnerable amongst that population because they rely on staying with their spouse. Seventy per cent of all secondary 457 visa holders are women. It is not just the visa conditions that make it hard for women to leave when they are facing violent relationships. A lack of economic independence can be a significant impediment, and those temporary visa holders do not have access at the moment to the family violence provisions in the migration act.

As I say, the ALRC has identified this as a problem, as did the Victorian Royal Commission into Family Violence. That is why I join the shadow minister in calling on the government to support our policy which we took to the election to create a new temporary visa for victims of family violence who are secondary holders of a temporary visa.

The new form of visa must carry work rights. If you are the spouse of a 457 visa holder and you are facing violence at home, and your stay in Australia is contingent on staying in that relationship. Even if you could leave, you would not be able to support yourself and your children. The problem for that person is particularly obvious. So, while I rise to support the bill, I also call on the government to do more for women on visas and to do more for women from culturally and linguistically diverse communities.

Peter Dutton (Dickson, Liberal Party, Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I thank members for contributing to the debate on the Migration Amendment (Family Violence and Other Measures) Bill 2016. The bill amends the Migration Act 1958 to strengthen provisions to reduce family violence within visa programs and the Australian community. It builds on work the government has already undertaken to provide information, in the form of predeparture pack to support visa applicants coming to Australia, which clearly states that family violence is unacceptable in Australia.

A key element of this bill is that it puts in place a framework that will require a person seeking to sponsor an applicant for a family stream visa to be assessed and approved before a visa application can be made. In addition the bill requires responses to agree that the results of their character checks may be shared with the person they are sponsoring so that that person can make an informed decision about whether to proceed with their application or not, especially in circumstances where there are children involved in the application.

The amendments are an important part of the government's initiative to ensure that women and their families are safe from violence. The amendments supported and deliver on important elements of the second action plan in the National Plan to Reduce Violence against Women and their Children 2010-2022. I commend the bill to the House.

Question agreed to.

Bill read a second time.