AWAVA has produced an election report card comparing and contrasting major parties’ positions on ten key policy areas, including women’s specialist services, housing, the NDIS, the caring workforce and the just use of power. While AWAVA does not endorse candidates or parties, it does encourage friends and supporters to consider party policies and the impact these might have on the various dimensions of equality and on the safety of women, children and non-binary people.

You can download the Election Report Card here.

Advocacy has long been used as a feminist tool to challenge and disassemble sexist attitudes, policies and practices. By looking first at parliamentary inquiries, followed by the process of lobbying, this blog outlines how to effectively engage with politicians and take advantage of parliamentary processes to support the rights and freedoms of women and girls in Australia.

1. Parliamentary Inquiries

Parliamentary inquiries provide a vital avenue for community members and organisations to examine government departments, interrogate and develop policy and review legislation before it’s enacted.

Most parliamentary inquiries will provide a terms of reference that highlight the key focus areas of the inquiry and questions it hopes to answer. For your submission to be regarded, you need to respond to at least one of these terms of reference, drawing on facts, opinions, arguments and recommendations for action to strengthen your advocacy position. Whilst written submissions are a commonly requested format, parliamentary committees can also request your expertise through online surveys and questionnaires.

Submission checklist (Parliament of Australia, 2020):

• Has my submission been written for the purposes of the inquiry?
• Have I checked that this is not material that has been published previously?
• Have I commented on some or all of the terms of reference?
• Have I provided a summary of the submission at the front and numbered the pages (for lengthy submissions).
• Have I provided my return postal or email address and contact details with the submission?
• Have I ensured that my personal details are excluded from the body of the submission?
• If the submissions contain confidential information, have I made this clear on the front of the submission and included reasons for requesting confidentiality?

For more information on dealing with parliamentary committees please see here.

After making a submission to a parliamentary inquiry you may be invited to appear as a witness at a Committee Public Hearing. Public hearings provide committees with the opportunity to ask witnesses to clarify and expand on their written submissions. These can take a number of forms, including roundtables, workshops and community statement sessions. Generally, these committee hearings are conducted in public, with the media present, and are often broadcasted, with transcripts being made available later on the Australian Parliament website.  Witnesses are always given “reasonable opportunity”, before appearing, to object to the broadcasting of proceedings (Parliament of Australia, 2020).

More information on the procedure of parliamentary inquiries and your rights as an attendee are available here.

2. Lobbying

If you have identified a feminist issue that is not currently being addressed by a Parliamentary Inquiry, you may wish to engage in lobbying to bring the attention to it. Lobbying is a type of advocacy that seeks to influence the actions, policies or decisions of government through engaging directly with politicians.

Step one: Identifying and designing an advocacy issue (SMARTIEE).

S.M.A.R.T.I.E.E. is a good framework to keep in mind when designing an advocacy case that will be effective at driving sustainable, structural change (YWCA 2020):

A note on intersectionality:

In terms of gender, intersectionality highlights that there is no one homogenous experience of gender discrimination. Instead, it highlights that oppression and privilege are impacted by different “social relations, historical experiences and forms of discrimination”, including racism, ableism, homophobia, transphobia, classism and many others (The Opportunity Agenda, 2017). Ensuring your issue is both feminist and intersectional is essential for your advocacy to lead to a positive and sustainable change for all women. Here is how you can do it in 6 steps (YWCA, 2020):

More information on intersectionality and its relationship to power, privilege, identity, oppression can be found in the YWCA’s Advocacy Toolkit.

Step 2: Appealing directly to politicians   

a) WHO should you target?

Local Representatives

Local representatives have made a commitment to representing their local community members. As a result, they are the typically the first point of contact and can be helpful for gaining access to advisors, ministers and relevant committees.

Advisors

Advisors prepare briefs on bills going through parliament and help the Minister and their department engage with stakeholders. They play a role in ensuring policy decisions are made on behalf of the community. Convincing advisors of the importance of your issue is a key first step in gaining the approval of Ministers/Shadow Ministers.

Ministers/Shadow Ministers

Ministers and/or Shadow Ministers are best positioned for producing structural policy change at state and federal levels. A list of the current ministers and shadow ministers can be found on the Parliament House Website.

These resources can be used to understand what issues are important to politicians and their constituency. This research will help you to target politicians who will be sympathetic to your cause and frame your advocacy issue in a way that appeals to their interests and values:

a) Parliamentarians first speeches. These speeches are found on the parliamentarian’s profile pages that can be found on the parliament house website.

b) Voting History: Found on the TheyVoteForYou and OpenAustralia

c) The Hansard: Provides an online written record of parliamentary proceedings

d) Social media and media reports

e) Committee membership: Found on the Parliamentary Profile Page.

f) Party Platform

b) WHAT can parliamentarians do to help your advocacy?

In the following ways, members of parliament can increase recognition of your cause, spark debate and challenge government to recognise the presence of dissenting voices (Richards, 2019).

c) HOW can you advocate to parliamentarians?

Data Collection and Ethical Story Telling:

Whilst storytelling humanises your advocacy, data provides politicians with measurable and accessible evidence that supports your claims. It is essential that you gain the explicit permission of any person/group/organisation whose story you wish to include and provide them with the opportunity to be involved throughout the lobbying process. Data must be reliable (drawn from reputable sources), honest and straightforward (Richards, 2019).

Messaging and Framing:

It’s a good idea to design a short and simple advocacy message that reflects your objectives, targets and strategy. Your message should be framed according to the values and interests of your target parliamentarians and their electorate, however it’s important to ensure community voices are not compromised in an effort to appeal to parliamentarians (Richards, 2019).

Timing:

Unlike parliamentary inquiries that provide an agenda and due date for submissions, lobbying can be done at any point of the political cycle. In saying this, some times are better than others, including:

• When a party is settling its platform. Prior to an election campaign, politicians have the most flexibility to work with advocates on policy change.
• During sitting week (this requires travel to Canberra):
  • Monday and Tuesday of sitting weeks are the days parties hold most of their policy committee and party room meetings
  • parliamentarians are also required to attend question time from 2.00 pm to 3.10 pm every day during sitting weeks.
  • The House of Representatives and the Senate usually operate between 9.30 am and 8.00 pm.
• On a significant date. E.g., when a new bill is up for debate, when an issue is topical in the news (e.g., sexual violence in Federal Parliament) or on a noteworthy date such as International Women’s Day.

Inappropriate times for advocacy include:

• During an election campaign (this is too late to engage politicians).
• The weeks prior to a long break is a difficult time for politicians to gain any momentum on your issue before parliament goes into recess.
• Budget week. This is a busy time, where politicians have little extra capacity to engage with advocates (YWCA, 2020).

Preparing for an Interaction

Who should I take?

Limit your group to three. Assigning roles and tasks to each member can help to ensure your meeting flows smoothly.

What should I take?

It is recommended to bring (and leave behind) a one-to-two-page support document. This should include evidence and data supporting your advocacy case.

What should I say?

Begin your meeting by briefly explaining who you are, who you represent, what work you do, and why you have asked to meet with them. Make sure you use a mix of evidence. It’s important that you illustrate that your issue exists (by using data) and that it matters (by using case studies).

What if I get a bad response?

Following the meeting, send any requested evidence or information to the politician’s office. Also re-examine any notes and/or feedback to make sure there were no misunderstandings during your meeting.

Advocacy is often the most successful when it reflects the concerns of the broader sector and community. Remaining intersectional, developing strong relationships, acknowledging political contexts and framing problems and solutions in a way that centres politics are therefore all vital components for driving sustainable policy change that benefits the lives of all women in Australia.

For more information on feminist advocacy please see the following sources:

• Y Advocacy? An Intersectional Feminist Toolkit (YWCA)
• 50/50 Foundation – Advocacy Toolkit
• Plan Your Power: A toolkit for Women’s Rights Advocacy Planning (IWDA & Womankind)
• Messaging this Moment: A Handbook for Progressive Communication
• JASS We Rise Toolkit
• The Oxfam Guide to Feminist Influencing
• Womankind Worldwide, Implementing the Sustainable Development Goals to Advance Women’s Rights and Gender Equality: An Advocacy Guide
• UNICEF – Youth Advocacy Toolkit
• Girls Advocacy Alliance – Youth Advocacy Toolkit
• Young Feminists Want System Change

For more information on intersectionality and how to be an ally please see the following sources:

• 10 things allies can do
• “Why are white people so bad at talking about race”
• How to be an anti-racist ally
• How to be a trans ally
• How to be an ally to survivors of gender-based violence
• How to be a good Indigenous ally
• Count me in – Mini guide to LGBTQI+ allyship
• What can our allies do to support Aboriginal and Torres Strait Islander sex workers in our struggle for rights and recognition?
• Intersectionality: A Tool for Gender and Economic Justice

About 16 Days of Activism against Gender-Based Violence Campaign

Led by women’s rights defenders, the 16 Days of Activism against Gender-Based Violence is an annual international campaign that begins on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day. It was initiated by activists at the inaugural Women’s Global Leadership Institute in 1991 and continues to be coordinated each year by the Center for Women’s Global Leadership. It galvanizes the advocacy and actions by individuals, communities and institutions around the world to eliminate violence against women and girls.

AWAVA’s 2020 16 Days theme: Communities Driving Change

The Australian Women Against Violence Alliance community is comprised of 25 specialist women’s services and over 500 individual friends and supporters from across all states and territories. We wanted to use the opportunity during our 16 Days Campaign to provide a platform and amplify the voices of our community, made up of diverse leaders, frontline workers and advocates, many with lived experience of violence. This is how Communities Driving Change was selected as AWAVA’s theme for 16 Days campaign, with the accompanying hashtag #AllVoicesForSafety and #16days.

AWAVA invited members of our community to share what they are doing to drive change and what their priorities are for safety. Throughout the period of the 16 Days Campaign, we featured our diverse community members on AWAVA’s Facebook and Twitter, including interviews with Harmony Alliance who work with migrants and refugee women, Women With Disabilities Australia (WWDA), Project Respect who work with sex works and who are victims/survivors of trafficking, National Council for Sing Mothers and Their Children, Older women NSW, the National Rural Women’s Coalition and many other organisations working to end gender-based violence across Australia.

Spotlight on Aboriginal and Torres Strait Islander Women

Spotlight on Rural, Regional and Remote Women

Spotlight on Trafficked Women and Women Working in Sex Industry 

AWAVA also spoke with two survivor advocates working with Domestic Violence NSW, Jane Matts and Rachael Natoli.

In this space, Jane is “working with women in Queensland and NSW who have had their voices ignored in Family Court/Federal Circuit Court (FCC). Many have had their children removed as a result of poor management of DV/child sex abuse.”

Read the full post here.

Thank you to all the Friends and Supporters who submitted your responses and those who have liked and shared these important messages. We created a digital clip featuring submissions from Marie Stopes Australia, Children by Choice Association Inc, Central Coast Community Women’s Health Centre and more.

Visit AWAVA’s Facebook and Twitter to see all the posts.

Collectively, our community called for programs and services that tailor to the diversity of victims/survivor’s and that are trauma-informed, along with many other good practices principles that can be found in the revised Good practice principles in addressing sexual and gender-based violence: Drawing on the unique practice model of specialist women’s services brochure, which was launched during the 16 Days Campaign period. Building on over 40 years of feminist and social justice approaches, the impact and effectiveness of specialist women’s services is underpinned by a set of good practice principles that are supported by international research and evidence-based practice. These principles should inform the delivery and coordination of all essential services responding to women and children subjected to violence.

In marking the launch of the Good Practice Principles brochure, we also hosted a webinar with representatives from our organisational members who contributed to this important work.

Moderated by Tina Dixson, Acting Program Manager, AWAVA, the panel was made up of:

• Bonney Corbin, Australian Women’s Health Network, Marie Stopes Australia
• Kedy Kristal, Centre for Women’s Safety and Wellbeing
• Yvette Cehtel, Women’s Legal Services Tasmania
• Karen Bentley, WESNET

A recording of the webinar will be uploaded shortly.

Thank you everyone, for your engagement in building our community to end violence against women, wherever you are. We look forward to working together in the 2021 16 Days Campaign and beyond!

Checkout other organisations’ 16 Days Campaign

DVNSW

YWCA Australia

UN Women

Following are the requests for Federal Government support that our members have developed over the last week in light of the risks to women’s and children’s safety during the COVID-19 pandemic. Our understanding of what is needed is evolving with the progress of the pandemic and the adaptions required, but this is our starting point for advocacy and planning.

For more information on the impact of the pandemic on women’s and children’s safety, with particular reference to domestic and family violence (DFV) and sexual violence (SV) see our opinion piece here.

This article by AWAVA’s Program Manager Dr Merrindahl Andrew was originally published by With Her In Mind and can be viewed here. For more detail about the support AWAVA is requesting from the Federal Government read our post here. 

As self-isolation becomes the norm, Dr Merrindahl Andrew, Program Manager for Australian Women Against Violence Alliance, highlights how this will leave may women and children in danger.

Photo by Merrindahl Andrew

The year 2020 will mark the 25th anniversary of the adoption of the Beijing Declaration and Platform of Action (1995), which affirmed that gender equality is a human right and a condition for social justice. From 24 to 26 November 2019 a Beijing+25 civil society forum for the Asia-Pacific region was held in Bangkok, Thailand. The Forum was organised for civil society actors to celebrate achievements, identify concerns, and facilitate intergenerational dialogue and solidarity between constituencies represented. The widespread and complex nature of violence of gender-based violence was discussed with attendees working in civil society attending from various countries at the Forum.

AWAVA’s Program Manager, Dr Merrindahl Andrew, attended the Forum and this article reflects on the discussions there. The article is co-authored by former AWAVA Administration and Communications Assistant Sumithri Venketasubramanian together with Merrindahl, drawing on her notes from the Forum. It is not able to fully encapsulate the breadth and richness of all the discussions that occurred in the Forum, as facilitated by feminists and women’s rights activists from across the region.

Speakers at the Forum articulated how the struggle for women’s rights, gender equality and human rights has achieved some gains in the 25 years since the adoption of the Beijing Declaration and Platform for Action. The passing of laws to protect the rights of women lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ+) people, a strong and organised feminist and women’s movement, and growing inclusiveness of feminist movements as well as stronger linkages between women’s rights and feminist movements and other social justice movements were some of the examples raised.

But all these positive changes have not been sufficient to end violence against women and girls. At the Forum, this violence was identified as a major continuing issue worldwide. Rather than being concentrated in certain areas, women in diverse societies all over the world are subjected to violence. Gender-based violence may be experienced in any part of life: at home, at work, in institutional settings, in public and/or online. The way that violence is used, as well as the way women respond, are shaped by interconnected global and local forces. This blog post explores some of the themes that underpin and contribute to gender-based violence at a global scale, drawing from points raised at the Forum.

Self-determination

The Forum touched on self-determination as a key area that still needs progress in order to achieve women’s rights and safety. The United Nations Declaration on the Rights of Indigenous Peoples (2007) highlights self-determination as a fundamental human right, meaning that Indigenous peoples have the right to “freely determine their political status and economic, social, and cultural development”. This right continues to be violated by colonial nation-states, with impacts contributing to high rates of violence against Indigenous women. This is the case in Australia as in many other countries. but Indigenous Elders and human rights activists maintain their demand for self-determination.

Globalisation and economics

Presentations at the Forum highlighted how the disadvantaged economic situation of women, such as lacking financial security and access to supports and services, is a key factor that underpins and perpetuates gender-based violence.

Today’s economies are mostly focused on growing and harnessing capital and, at an individual level, on one’s ability to perform economically productive work. However, what counts as economically productive work – that individuals are paid for – is very gendered, with some forms of work not recognised for what they are. These unpaid roles contribute to women average earning less than men. The resulting financial dependence is a form of a power imbalance, due to the centrality of money in economies internationally. This dynamic can be exploited in the use of violence, taking control and autonomy away from women.

The Forum also highlighted that many people are participating in what is known as the “informal” economy. Informal activities are not taxed or monitored by the government, meaning that they are difficult to regulate. (They are not necessarily activities that are against the law, they may just operate outside of formal institutions.) Women are more represented in the informal economy, so they may have less access to supports and workplace protections than people in formal sectors. Barriers to information and accessing services are also faced by women in rural areas and with limited access to the internet. The autonomy and livelihoods of women are often severely impacted by corporations and economic forces. Global institutions such as international trade agreements are not only facilitating these negative impacts but in some cases requiring governments to suppress women’s protests against them. On the converse, just a tiny percentage of development funding meant to be for women’s empowerment is going to women’s rights organisations.

Rights for whom?

Presentations at the forum noted how, in economies that value maximising capital, people are expected to be “productive members of society”. The opportunities and access to employment, however, are not equal for everyone. Societal prejudice where rigid, binary gender norms underpin violence against lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) people may be present in workplaces that are unsafe, and that creates a barrier to financial security. Participants noted there is a lack of data on transgender women experiencing violence specifically, meaning that the experiences of this significant group of women are not properly documented or addressed.

Inaccessible workplaces limit opportunities for women with disabilities, with presentations showing how this further entrenches unequal power dynamics and dependence upon family members, partners, carers and/or medical professionals. Dependence is expected of people with disability, and so not enough focus is given to making rights and agency accessible through obtaining information and accessing legal processes. The experience of living with a disability is often de-gendered, meaning that the specific experiences of women with disability are not considered through the lens of gender.

Sessions explored how the relationship between bodily autonomy, mental health, disability, and gender is complex. For example, LGBTIQ+ people may be subject to stigma on the basis of their gender identity, sexual orientation, sex or intersex status, and perhaps perceived to be mentally ill. As a result, they may be subject to non-consensual procedures and violence in order to change them to meet what is expected of them socially or in religion. This includes harmful medical procedures on intersex people with the goal to ‘normalise their bodies to fit a rigid male/female binary. The sexual and reproductive rights of women with disability are often not respected, and asserting sexuality and agency is a part of asserting their human rights. Women with disabilities may have their autonomy to make choices taken away through forced sterilisation, abortion and contraception.

Migration and the role of governments

While state sovereignty is a fundamental principle in international law, in a world where more people are moving across nation borders than ever the Forum considered the gaps that exist for women experiencing violence in the context of this movement. People’s movements across borders may be voluntary or forced, or may represent choices made between limited options. There is no one story or narrative that can explain migration and forced displacement; it can be empowering and/or disempowering – even for the same person. There is a lack of recognition about how migrant experiences are shaped by gender, such as mental health issues arising from gender- and ethnicity-based discrimination and violence in the workplace. Violence itself may be a reason for women to leave their home countries; however there are gaps in policies and laws that recognise gender-based violence to be justification for seeking asylum, as well as a lack of recognition of the experiences of LGBTIQ+ people in migration, asylum seeking and family reunion.

The Forum noted how changes in economic activity, such as the mechanisation of agricultural work, can lead to women being forced to move elsewhere to find work and sustain livelihoods. Union activities may be undermined by corporations, and where trade unions are present, they may be patriarchal and hostile to women and migrant workers.

Threats against human rights defenders (especially women and LGBTIQ+ people) by governments and the active persecution and suppression of civil society undermine the important work being done by women activists and advocates in countries all over the world. Governments ought to be held to account, but speakers at the Forum noted that the current international regime means that non-violent intervention to resist domestic human rights violations is close to impossible in many places. Perpetrators of violence who are in another country to a victim/survivor are not brought to justice as a result of this, and governments may not take responsibility and action for violence committed by their citizens in other countries.

Climate crisis

Presentations to the Forum highlighted that, on a global scale, communities that have contributed the least to the acceleration of climate change are bearing the brunt of the negative impacts. This difference is largely class-based, both comparing rich and poor countries, and comparing communities within nation-state borders. The inequalities, challenges and factors leading to gender-based violence are further exacerbated by other stressors. Natural disasters, whose frequency and scale are becoming more extreme and unpredictable with climate change, introducing additional stressors that may contribute to the use of violence. Existing gendered power gaps within families and relationships are widened. Women, who are represented more greatly in the agricultural sector than men in many countries, have their livelihoods threatened and may face displacement as a result.

Opportunities

The global crisis of gender-based violence is grave and urgent, and the Forum heard about opportunities for strengthening efforts and movements to address it. There are international processes and instruments that are meant to support the work being done by civil society organisations and activists, such as the General Resolution 35 (GR35) of the Convention to End all forms of Discrimination Against Women (CEDAW),which outlines steps for protection of victims/survivors, prevention, accountability for perpetrators and coordination of responses. The Istanbul Convention can be further used to promote the GR35, serving as a clear roadmap for states, and a means to hold governments to account.

Creating new research, data and evidence can serve to not only understand the extent and complexity of gender-based violence, but also to highlight the urgency of addressing it. It is important that research is connected right down to the grassroots level, rather than as a top-down project that is distant from the work being done on the ground. Presentations to the Forum noted that when documenting the situations of people, researchers must understand the specific oppressions that they are facing as a precondition. Participants highlighted the need for actions at all levels and scales, and expanding common ground across parts of the movement as opposed to focusing on the differences between strategies.

Continuing activism in all settings is needed to send a strong message from the public about dissatisfaction with the current state of gender-based violence and violence against women. The Forum heard about the upcoming Women’s Global Strike on 8 March 2020 as an opportunity for advocates of gender equality all over the world to make a stand, demanding to their governments and governments around the world that ending gender-based violence is a top priority, and we will not stop until justice and safety are achieved.

Suggestions for further reading

Australia’s country statement to the Intergovernmental meeting: https://www.unescap.org/sites/default/files/Australia%20%28B%2B25%29%20Item%202.pdf

Civil society statement to the Intergovernmental Meeting drawing on discussions at the Civil Society Forum:

Outcome document from the Intergovernmental meeting:
https://www.unescap.org/sites/default/files/Draft%20Outcome.pdf

Civil society responses and further analysis:https://apwld.org/press-release-women-and-gender-rights-activists-deeply-disappointed-with-regional-outcome-on-human-rights/

Davis, M., 2012. Aboriginal Women: The Right to Self-Determination. Delivered at Murrup Barak, Melbourne Institute for Indigenous Development, University of Melbourne. 8 November 2012. Accessed at: https://www.austlii.edu.au/au/journals/AUIndigLawRw/2012/6.pdf

Griffin, P., 2010. Gender, governance and the global political economy. Australian Journal of International Affairs. 64(1): 86-104.

International Federation of Red Cross and Red Crescent Societies, 2018. The Responsibility to Prevent and Respond to Sexual and Gender-based Violence in Disasters and Crises. 24 July 2018. Kuala Lumpur/Geneva. Accessed at:
https://media.ifrc.org/ifrc/wp-content/uploads/sites/5/2018/07/17072018-SGBV-Report_Final.pdf.pdf

Kuokkanen, R., 2012. Violence Against Women, Indigenous Self-Determination and Autonomy in Sami Society. L’Image du Sápmi 2. Ed. K. Anderson, pp. 436-452. Örebro University Press, 2013. Accessed at: https://rauna.files.wordpress.com/2007/10/2012-violence-against-women-self-determination-and-autonomy-in-sami-society.pdf

United Nations, 2007. UN Declaration on the Rights of Indigenous Peoples. 13 September 2007. Accessed at: https://www.humanrights.gov.au/our-work/un-declaration-rights-indigenous-peoples-1

Women with Disabilities Australia, 2017. Submission to the Special Rapporteur on the Rights of Persons with Disabilities Study on the Sexual and Reproductive Health and Rights of Girls with Disabilities. 19 May 2017. Accessed at:
http://wwda.org.au/wp-content/uploads/2016/01/WWDA_SR_Disability_SRHR_May2017.pdf

In April 2019, the Migration Amendment (Family Violence and Other Measures) Act commenced, changingthe previous arrangements for partner visas. Previously, the visa application and sponsorship application were lodged together. A valid visa application could be lodged prior to the sponsorship being approved.

Under the new arrangements, the sponsorship must be lodged and assessed first. It that a valid visa application cannot be made until sponsorship is approved. In addition,  the Minister of Home Affairs will refuse to approve the sponsorship if the sponsor has been convicted of a relevant offence and, as a result of those convictions, has a significant criminal record.

We anticipate that the new framework will limit the ability to apply for family violence provisions as well as increase disadvantage.

Consider two of the following scenarios to see the implications on victims/survivors of domestic and family violence.

Scenario 1

Amina holds a student visa. Before the amendment came into affect, if Amina lodged an application for a subclass 820 visa with her partner/sponsor Harry, this would have included the sponsorship application simultaneously. In that case, she would have been granted a Bridging visa A while the sponsorship and visa application were being assessed.

If, prior to a decision on the 820 visa application being made, Harry perpetrated family violence against Amina and they separated, Amina would still able to meet the time of decision criteria for the grant of the subclass 820, relying on the family violence provisions. This means that, if successful with the family violence provisions, Amina would become a permanent resident after her relationship breakdown with Harry.

Scenario 2

Under the new arrangements, there are no protections for an applicant affected by family violence whose relationship breaks down prior to sponsorship being approved.

Consider the same situation. Amina holds a student visa that will expire on 25 September. As Amina is in a relationship with Harry, they decide to apply for a partner visa. On 20 September, they lodge a sponsorship application. Sponsorship approval may take several months. On 26 September, Amina’s student visa expires, that immediately makes her unlawful in Australia. She is able to apply for a Bridging visa E, which is granted without work rights.

While waiting for the sponsorship to be approved (which takes several months), Harry perpetrates family violence. As Amina Jane has no work rights and is therefore totally financially dependent on Harry, making leaving the relationship extremely difficult.

If Amina leaves, she will be unable to lodge a valid application for a subclass 820 visa. As no visa application was lodged, if they separate, Amina will have to leave Australia.