One document per category: the rule that sinks many family violence claims in 2026
Explains why two medical documents count as one piece of family violence evidence, and how the one-document-per-category rule applies in 2026.
2026-10-11
No — two medical documents are not two pieces of evidence. The Department of Home Affairs states on its Family violence evidence page that you can give only one document from each category of evidence, and the page uses exactly this example: a hospital report from a nurse combined with a statutory declaration from a medical practitioner is not acceptable, because both documents sit in the medical category. It is general information about how the published rules read, not advice on any individual case, and the current wording of the official page remains the reference point.
What does "one document per category" actually mean?
Non-judicial evidence can be given as a joint undertaking made before the court, or as a minimum of two pieces of evidence. When people take the two-piece route, the Department treats the categories as the unit of counting, not the individual papers.
So two pieces means two documents drawn from two different categories. Two documents drawn from the same category still leave you at one.
Why a nurse's hospital report plus a doctor's statutory declaration fails
The medical category lists five forms of document: medical report, hospital report, discharge summary, letter, and statutory declaration. They are alternatives within one category, not separate categories.
The Department's own illustration makes the point. A hospital report written by a nurse and a statutory declaration written by a medical practitioner are different authors, different formats and possibly different dates — and they still count once. Who signed the document does not create a second category. What creates a second category is a different kind of source: police, a psychologist, a family violence support service, and so on.
The same logic applies to the other categories. A report and a letter from the same social worker, or a report and a statutory declaration from the same psychologist, are one piece of evidence, not two.
Which categories does the Department recognise?
| Category | Document types listed |
|---|---|
| Medical | Medical report, hospital report, discharge summary, letter, statutory declaration |
| Police | Report, record of assault or family violence, risk assessment, witness statement, statutory declaration, witness statement made by someone other than the alleged victim to a police officer during an investigation |
| Child welfare officer | Report, letter, statutory declaration |
| Family violence support service provider | Report, letter, risk assessment, statutory declaration |
| Social worker | Report, letter, statutory declaration |
| Psychologist | Report, letter, statutory declaration |
| Family consultant and family relationship counsellor | Report, letter, statutory declaration |
| Education professional | Report, letter, statutory declaration |
Each document must be made by a person acting in their professional capacity — for medical evidence, the page specifies a medical practitioner, registered nurse or midwife.
What still has to be in each document?
The content requirements differ by category, and they are worth checking before you submit, because a document that is in the right category can still be too thin.
- Medical evidence must identify the alleged victim and detail the injuries or treatment that may be consistent with family violence.
- Police evidence must identify the alleged victim, identify the alleged perpetrator or give enough information for that identity to be reasonably inferred, and detail the incident or incidents.
- Support service, social worker and psychologist evidence must state that a claim of family violence was made, give the professional opinion on whether the claims are consistent with the person having been subject to family violence, and identify the alleged perpetrator or allow that identity to be reasonably inferred.
- Family consultant and family relationship counsellor evidence must state that the alleged victim has been treated or counselled by that professional, give the professional opinion on whether the claims are consistent with the person having been subject to family violence, and identify the alleged perpetrator or allow that identity to be reasonably inferred.
- Child welfare officer evidence must detail fears for the dependent child's safety due to family violence in the household, and address the alleged perpetrator's identity on the same basis.
- Education professional evidence must state observations consistent with the alleged victim's claims, give details of those observations, and address the alleged perpetrator's identity.
Two points apply across the board: all evidence must be in writing, in English, and in the format and level of detail requested; and the evidence must show that at least part of the family violence happened while you were in the relationship with your former partner or spouse, and that this person was the alleged perpetrator.
Does the two-document route also need your own declaration?
Yes. If you give two pieces of evidence, you must also complete a Commonwealth statutory declaration, and the Department points to Form 1410i — Completing a statutory declaration for a family violence claim — for how to do it.
This is a separate obligation from the documents themselves, and it is a common source of confusion. The statutory declaration you complete is not one of your two pieces of evidence; it sits alongside them. A statutory declaration from a doctor, by contrast, is a document type inside the medical category. Same word, different function.
Can you still submit more than two documents?
The published position is that you may give other evidence so long as the minimum evidentiary requirements are met, and the decision maker may consider the extra material as part of a whole assessment.
The practical reading is that extra documents do not repair a shortfall. Suppose an applicant submits a hospital discharge summary, a GP letter and a statutory declaration from a medical practitioner — three documents, all medical, all one category — and nothing else. On the face of the published rule, that is one piece of evidence, and the two-piece minimum has not been met, regardless of how much paper is attached.
Where does judicial evidence fit?
Judicial evidence is a document from a court of law, and you only need to give one of the listed options: a court injunction under the Family Law Act 1975, a court order under a state or territory law, a record of conviction for a family violence offence, or a record of a finding of guilt for such an offence.
The category rule is described on the non-judicial side of the page. On interim orders, the Department's position is that in some situations an interim order may meet the threshold for judicial evidence; if it does not, you can give a copy of the interim order while you await the final outcome, and if a final order is made you must provide a copy.
What happens if the evidence is not accepted?
For both partner visa applicants and secondary applicants, the Department first assesses whether the relationship was genuine, and only then assesses the family violence claim, so the evidence request follows the relationship assessment.
If the decision maker is not satisfied that family violence occurred, the claim is referred to an independent expert, who contacts the applicant to arrange an interview and gives an opinion. The Department states that it must accept that opinion, and that the applicant is given an opportunity to comment if the opinion is negative. This process may take some time. The Department also states that it will give more time to submit documents where gathering them is difficult or delayed for reasons outside the applicant's control.
Frequently Asked Questions
Can I submit two medical documents for family violence evidence in Australia?
Not as two pieces of evidence. The Department of Home Affairs states you can give only one document from each category, and medical documents form a single category. You need two documents from two different categories to meet the minimum.
Does a hospital report from a nurse plus a letter from my GP count as two?
No. Both sit in the medical category — the listed medical types are medical report, hospital report, discharge summary, letter and statutory declaration. Different authors and different formats do not create a second category.
Which two categories are the safest combination?
The published rules do not rank categories or identify a preferred pair. What the page requires is that each document meets its own category's content requirements and that together they show the violence occurred during the relationship and identify the alleged perpetrator.
If I give two pieces of evidence, do I still need a statutory declaration?
Yes. The two-piece route requires you to complete a Commonwealth statutory declaration, and Form 1410i explains how to complete it for a family violence claim. Your declaration is an additional requirement, not one of the two pieces.
Can police evidence and medical evidence be my two pieces?
Yes, they are separate categories on the Department's list. Each still has to meet its own requirements — police evidence must detail the incident and address the perpetrator's identity, medical evidence must identify the victim and detail injuries or treatment.
Do the documents have to be in English?
Yes. All evidence must be in writing, in English, and in the format and level of detail requested.
What if I can only get documents from one category right now?
The Department states it will give more time to submit documents if gathering them is difficult or delayed for reasons outside your control. Submitting two documents from the same category does not meet the two-piece minimum in the meantime.
References
- Department of Home Affairs — Family violence evidence
- Department of Home Affairs — Family Violence Provisions
- Department of Home Affairs — Family violence provisions – Partner visa applicants
- Department of Home Affairs — Family violence provisions – Secondary applicants
- Attorney-General's Department — Commonwealth statutory declaration form
- Department of Home Affairs — Form 1410i: Completing a statutory declaration for a family violence claim
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