Domestic Violence and Marriage-Like Relationships

Abstract

In this article, we look at developments in the nexus between social security law and domestic violence. We postulate that since the publication of 'Domestic Violence and Marriage-Like Relationships: Social Security Law at the Crossroads' Alternative Law Journal (2009) 34(3), tribunals and decision-makers have finally begun to emerge from what was described in the article as 'the Dark Ages.' Several decisions have been made in which women subject to domestic violence were found to qualify for discretionary rulings under section 24 of the Social Security Act 1991 (Cth) ('the SSA') - that is, 'for a special reason in the particular case' they were not to be treated as being a member of a couple. We will look at some of these cases, and try to predict whether a trend has been established or whether there has merely been a swing of a pendulum that is destined to swing back to a more cautionary approach. We think, cautiously, that a trend has begun.