Domestic Violence Agencies Act 1986

This Act is the Domestic Violence Agencies Act 1986.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example the signpost definitions ‘family violence—see the Family Violence Act 2016, section 8.’ means that the term ‘family violence’ is defined in that section of that Act and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

The Domestic Violence Prevention Council is established.

The council has the following functions:

advising the Minister on the Territory’s response to domestic violence and family violence, including ways to continually improve the Territory’s response;

identifying gaps and opportunities for the Territory to make the improvements mentioned in paragraph (a);

facilitating the exchange of information and collaboration and integration between the public service, police, the courts and community-based organisations providing services in relation to domestic violence and family violence.

In exercising its functions, the council may—

allow a person who is not a member of the council to participate in a meeting of the council for the purpose of providing expert information or opinion to members; or

establish an expert reference group to assist the council in the exercise of its functions.

Subsection (2) does not limit anything else that the council may do in exercising its functions under this Act.

The council consists of—

the victims of crime commissioner; and

the public servant in charge of the business unit responsible for coordinating the Territory’s response to domestic violence and family violence; and

the chief executive officer of the Domestic Violence Crisis Service Inc ABN 54 658 714 235; and

the police officer who has command of operations relating to domestic violence and family violence; and

the public servant responsible for the administration of corrective services; and

the members appointed by the Minister under section 7.

The Minister must appoint the following as members of the council:

4 people who are the chief executive officer or equivalent of a community-based organisation that provides support services or undertakes advocacy, research or policy development in relation to domestic violence and family violence;

at least 2 people who, in the Minister’s opinion, represent the interests of an Aboriginal or Torres Strait Islander community;

at least 1 person who, in the Minister’s opinion, represents the interests of people of culturally and linguistically diverse backgrounds.

The Minister may also appoint 1 or more people as members of the council who, in the Minister’s opinion, have skills or experience relevant to the functions of the council.

An appointment of a member under this section must be for a term of not longer than 3 years.

Note For laws about appointments, see the Legislation Act, pt 19.3.

The Minister must end the appointment of a member appointed under section 7—

for misbehaviour; or

for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or

if the member becomes bankrupt or personally insolvent; or

if the member is absent, without the permission of the presiding member, from—

3 consecutive meetings of the council; or

4 out of 6 consecutive meetings of the council; or

if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.

The chair must call a meeting of the council—

whenever the chair considers it necessary for the effective exercise of the council’s functions; or

if requested, in writing, by the Minister; or

if requested, in writing, by at least 3 other members of the council.

The council must hold a meeting in accordance with any resolution of the council.

The members must elect a member as chair of the council.

The chair presides at meetings of the council.

However, if the chair is absent from a meeting or part of a meeting, the members present must elect 1 of their number to preside at the meeting or part of the meeting.

At a meeting of the council a quorum consists of the majority of members.

Questions arising at a meeting must be decided by a majority of votes of members present and voting but, if the votes are equal, the member presiding has the deciding vote.

The council must keep written minutes of its proceedings.

The council may decide its own procedure in relation to anything for which a procedure is not provided under this Act.

The purpose of this part is to establish the role of the Domestic and Family Violence Review Coordinator to—

identify preventative measures to reduce family violence; and

increase recognition of the impact of, and circumstances surrounding, family violence and gain a greater understanding of the context in which family violence occurs; and

make recommendations to the Minister for implementation by government and the private-sector to prevent or reduce the likelihood of family violence.

In this part:

advisory committee means an advisory committee established under section 16G.

DFVR coordinator—see section 16D (1).

independent adviser means an independent adviser appointed under section 16I.

register means the register of domestic or family violence incidents kept under section 16K.

serious harm—see the Criminal Code, dictionary.