Regulation 1.25 — Statutory declaration by alleged victim etc

1.25 Statutory declaration by alleged victim etc

(1) A statutory declaration under this regulation must be made by the spouse or de facto partner of, or the prospective spouse of, the alleged perpetrator.

(2) A statutory declaration under this regulation that is made by a person mentioned in subregulation (1) who alleges that he or she is the victim of relevant family violence (within the meaning of regulation 1.21) must:

(a) set out the allegation; and

(b) name the person alleged to have committed the relevant family violence; and

(c) if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:

(i) name the person whom the conduct of the alleged perpetrator was towards; and

(ii) identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards.

(3) A statutory declaration under this regulation that is made by a person mentioned in subregulation (1) who alleges that another person is the victim of relevant family violence (within the meaning of regulation 1.21) must:

(a) name that other person; and

(b) set out the allegation; and

(c) identify the relationship of the maker of the statutory declaration to that other person; and

(d) name the person alleged to have committed the relevant family violence; and

(e) if the conduct of the person alleged to have committed the relevant family violence was not towards the alleged victim:

(i) name the person whom the conduct of the alleged perpetrator was towards; and

(ii) identify the relationship between the alleged victim and the person whom the conduct was towards; and

(iii) identify the relationship between the maker of the statutory declaration and the person whom the conduct was towards; and

(f) set out the evidence on which the allegation is based.