The Minister for Home Affairs and Immigration, the Hon Tony Burke MP, has issued Ministerial Direction 123, which guides decision-makers on character-related decisions involving:
Direction 123 replaces Ministerial Direction 110, which has applied to character-related decisions since June 2024. It retains much of the previous framework but places greater emphasis on community protection, domestic and family violence, hate-based conduct and other non-criminal behaviour relevant to character assessments.
What has changed?
Expanded definition of domestic and family violence
Direction 123 significantly broadens the definition of domestic and family violence to expressly include:
Importantly, under the new Direction decision-makers may rely on authoritative information, including protection orders and police attendance records, even without a criminal conviction, provided procedural fairness is observed.
Greater emphasis on serious conduct beyond criminal offending
Direction 123 also defines “serious conduct” and “serious character concerns” more broadly than criminal convictions, expanding the conduct that may affect a character assessment. Examples include:
Increased focus on hate crimes and extremist conduct
The Direction gives greater weight to conduct involving:
Direction 123 reinforces the Australian Government’s focus on community protection and broadens the scope of character-related decision-making. Expanded definitions of domestic and family violence, hate-based conduct and non-criminal behaviour mean that character concerns may now arise in more circumstances.
Vialto can help employers and individuals understand how the new Direction may affect current or proposed visa applications, assess potential character risks and prepare a clear, evidence-based response. Please contact us if you would like to discuss the implications for a specific matter.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Cherie Wright
Partner & Principal Solicitor
Stacey Tsui
Partner & Principal Solicitor
Arathi Tekkam
Director
Ben Reid
Director
John O’Brien
Director
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