DOMESTIC VIOLENCE AGENCIES ACT 1986 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes PART 2--DOMESTIC VIOLENCE PREVENTION COUNCIL 4. Establishment of council 5. Objective and functions 6. Membership of council 6A. Chairperson of council 7. Appointed members' term 8. Ending of appointed member appointments 9. Meetings of council 10. Procedure at meetings PART 3--OFFICE OF DOMESTIC VIOLENCE PROJECT COORDINATOR 11. Appointment 12. Functions 13. Term and conditions of office 14. Termination of appointment 16. Protection of coordinators etc from liability PART 4--MISCELLANEOUS 17. Approval of crisis support organisations 18. Disclosure of information to an approved crisis support organisation DICTIONARY ENDNOTES DOMESTIC VIOLENCE AGENCIES ACT 1986 - LONG TITLE An Act relating to domestic violence, and for other purposes DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 1 Name of Act This Act is the Domestic Violence Agencies Act 1986. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 2 Dictionary 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 'domestic violence--see the Domestic Violence and Protection Orders Act 2008, s 13 (1).' means that the term 'domestic violence' is defined in that subsection 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)). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 3 Notes 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. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 4 Establishment of council The Domestic Violence Prevention Council is established. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 5 Objective and functions (1) The objective of the council is to reduce the incidence of domestic violence offences. (2) The functions of the council are-- (a) to promote collaboration among government agencies and non-government organisations involved in-- (i) law enforcement; or (ii) the provision of health, education, crisis or welfare services to victims or perpetrators of domestic violence or otherwise relating to the incidence or prevention of domestic violence; and (b) to assist and encourage the agencies and organisations referred to in paragraph (a) to promote projects and programs aimed at enhancing the safety and security of victims of domestic violence offences, with particular regard to children; and (c) to advise the Minister on any matter relating to domestic violence; and (d) to inquire into and provide advice to the Minister on matters relating to domestic violence that have been referred to the council by the Minister; and (e) to establish and maintain links with and among government agencies and non-government organisations concerned with domestic violence; and (f) to assist government agencies and non-government organisations to develop procedures for the collection, standardisation and sharing of statistical information relating to domestic violence offences; and (g) to collect statistical and other information relating to domestic violence offences; and (h) to prepare and submit to the Minister a plan for dealing with domestic violence in the community, including recommendations on-- (i) any changes in the law or its administration that may be necessary; and (ii) improving the effectiveness of the provision of assistance to victims of domestic violence offences; and (iii) the prevention of the occurrence of domestic violence offences; and (iv) developing systems for monitoring the effectiveness of any programs recommended in the plan that are implemented; and (i) to monitor developments within and outside Australia of legislation, policy and community views on domestic violence and the provision of health and welfare services to victims and perpetrators of domestic violence offences; and (j) to give directions to the coordinator. Note A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 6 Membership of council (1) The council consists of-- (a) the coordinator; and (b) 12 other members (each of whom is an appointed member) appointed by the Minister. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207). Note 3 Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The appointed members must consist of-- (a) at least 6 people as community members, including-- (i) at least 1 person who the Minister considers is capable of representing the views and interests of people of Aboriginal and Torres Strait Islands descent; and (ii) at least 1 person who the Minister considers is capable of representing the views and interests of people of non-English speaking background; and (iii) at least 1 representative of the Domestic Violence Crisis Service Incorporated; and (b) other people who are-- (i) statutory office holders; or (ii) public servants; or (iii) police officers. (3) The instrument making or evidencing the appointment of a person as an appointed member must state the capacity in which the person is appointed. (4) The Minister may appoint a person to the council as a community member only if the Minister considers that the person is familiar with the views and interests of the community on matters relating to domestic violence and is capable of representing those views and interests. (5) The Minister may appoint a statutory office holder to the council only if satisfied that the exercise of the functions of the office requires its holder to have experience and expertise that would assist the council to exercise its functions. (6) The Minister may appoint a public servant or police officer to the council only if-- (a) the person has a position the functions of which involve dealing with matters that are relevant to a function of the council; and (b) the Minister considers that the person has the experience and expertise that would assist the council to exercise its functions. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 6A Chairperson of council The Minister must appoint an appointed member as chairperson of the council. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 7 Appointed members' term An appointed member must not be appointed for more than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 8 Ending of appointed member appointments (1) A person appointed as a member because the person is a statutory office holder stops being a member if the person stops being the statutory office holder. (2) A person appointed as a member because the person is a public servant or police officer stops being a member if the person ceases to occupy the office mentioned in section 6 (6) (a). (3) The Minister must end the appointment of an appointed member-- (a) for misbehaviour; or (b) for physical or mental incapacity; or (c) if the member becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent--see the Legislation Act, dictionary, pt 1. (d) if the member is absent, without the permission of the chairperson, from-- (i) 3 consecutive meetings of the council; or (ii) 4 out of 6 consecutive meetings of the council; or (e) if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or (f) 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. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 9 Meetings of council (1) The chairperson shall call a meeting of the council-- (a) whenever he or she deems it necessary for the effective discharge of the functions of the council; or (b) on receipt of a written request by the Minister; or (c) on receipt of a written request signed by not less than 3 other members of the council; or (d) whenever necessary to ensure that subsection (2) is complied with. (2) The council shall hold a meeting at least once in any period of 3 months. (3) The council shall hold a meeting in accordance with any resolution of the council. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 10 Procedure at meetings (1) The chairperson shall preside at all meetings at which he or she is present. (2) If the chairperson is not present at a meeting or part of a meeting, the members present shall elect 1 of their number to preside at the meeting or part. (3) At a meeting of the council a quorum shall consist of the majority of members for the time being. (4) Questions arising at a meeting shall be decided by a majority of votes of members present and voting. (5) The council shall keep written minutes of its proceedings. (6) Subject to this Act, the procedures of the council shall be as the council determines. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 11 Appointment The Minister must appoint a Domestic Violence Project Coordinator. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 12 Functions The coordinator has the following functions in relation to domestic violence: (a) to monitor and promote compliance with the policies of the ACT and Commonwealth governments; (b) to assist government agencies and non-government organisations involved in-- (i) law enforcement; or (ii) the provision of health, education, crisis or welfare services to victims or perpetrators of domestic violence or otherwise relating to the incidence or prevention of domestic violence; to provide services of the highest standard; (c) to assist and encourage the agencies and organisations referred to in paragraph (b) to provide appropriate educational programs; (d) to facilitate cooperation among the agencies and organisations referred to in paragraph (b); (e) to assist in the development and implementation of policies and programs as directed by the council; (f) to carry out any other functions the council directs. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 13 Term and conditions of office The coordinator must be appointed-- (a) for a term not longer than 3 years; and (b) on terms and conditions stated in the instrument of appointment unless otherwise provided for in this Act or another territory law. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 14 Termination of appointment The Minister may terminate the appointment of the coordinator-- (a) for misbehaviour or physical or mental incapacity; or (b) in accordance with the instrument of appointment. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 16 Protection of coordinators etc from liability (1) The coordinator, or a person acting under the direction of the coordinator, is not personally liable for anything done, or omitted to be done honestly and without recklessness-- (a) in the exercise of a function under this Act or another law; or (b) in the reasonable belief that the act was in the exercise of a function under this Act or another law. (2) Any liability that would, apart from this section attach to the coordinator, or a person acting under the direction of the coordinator, attaches instead to the Territory. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 17 Approval of crisis support organisations (1) The Minister may approve an organisation to be a crisis support organisation for this Act. (2) An approval is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. DOMESTIC VIOLENCE AGENCIES ACT 1986 - SECT 18 Disclosure of information to an approved crisis support organisation If a police officer or a staff member of the Australian Federal Police suspects on reasonable grounds that a domestic violence offence has been, is being or is likely to be committed in relation to a person, a police officer or staff member may disclose to an approved crisis support organisation any information that is likely to aid the organisation in rendering assistance to the person or to any children of the person. DOMESTIC VIOLENCE AGENCIES ACT 1986 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: o bankrupt or personally insolvent o police officer o public servant o statutory office-holder o territory law. "appointed member"--see section 6 (1). "approved crisis support organisation" means an organisation approved under section 17. "child", of a person, includes-- (a) a child who normally lives with the person; and (b) a child for whom the person is a guardian. "coordinator" means the Domestic Violence Project Coordinator appointed under section 11. "council "means the Domestic Violence Prevention Council established by section 4. "domestic violence"--see the Domestic Violence and Protection Orders Act 2008, section 13 (1). "domestic violence offence"--an offence is a domestic violence offence if the conduct making up the offence is domestic violence under the Domestic Violence and Protection Orders Act 2008. "member" means a member of the council. DOMESTIC VIOLENCE AGENCIES ACT 1986 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history The Domestic Violence Agencies Act 1986 was originally the Domestic Violence Ordinance 1986. It became an ACT Act on self-government (11 May 1989) and was later renamed by the Protection Orders (Consequential Amendments) Act 2001 (see amdt 1.41). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before self-government Domestic Violence Agencies Act 1986 No 52 notified 4 September 1986 commenced 1 October 1986 (s 2 and Cwlth Gaz 1986 No S484) as amended by Drug Laws (Consequential Amendments) Ordinance 1989 No 14 s 3 notified 15 March 1989 commenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109) Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after self-government Domestic Violence (Amendment) Act 1990 No 30 notified 28 September 1990 (Gaz 1990 No S67) commenced 28 September 1990 Domestic Violence (Amendment) Act (No 2) 1990 No 36 notified 7 November 1990 (Gaz 1990 No S76) commenced 7 November 1990 Magistrates Court (Amendment) Act 1990 No 65 s 8 notified 24 December 1990 (Gaz 1990 No S98) commenced 24 December 1990 Weapons (Consequential Amendments) Act 1991 No 9 sch notified 3 April 1991 (Gaz 1991 No S19) s 1, s 2 commenced 3 April 1991 (s 2 (1)) sch commenced 3 October 1991 (s 2 (2)) Magistrates and Coroner's Courts (Registrar) Act 1991 No 44 sch 1 notified 20 September 1991 (Gaz 1991 No S95) s 1, s 2 commenced 20 September 1991 (s 2 (1)) sch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103) Bail (Consequential Amendments) Act 1992 No 9 sch notified 28 May 1992 (Gaz 1992 No S59) s 1, s 2 commenced 28 May 1992 (s 2 (1)) sch commenced 28 November 1992 (s 2 (3)) Domestic Violence (Amendment) Act 1992 No 34 notified 8 July 1992 (Gaz 1992 No S103) commenced 8 July 1992 Protection Orders (Reciprocal Arrangements) (Consequential Amendments) Act 1992 No 37 pt 2 (ss 3-7) notified 8 July 1992 (Gaz 1992 No S103) ss 1-6 and 8-11 commenced 8 July 1992 (s 2 (1)) s 7, s 12 commenced 3 August 1992 (s 2 (2) and Gaz 1992 No S130) Statute Law Revision Act 1994 No 26 sch notified 31 May 1994 (Gaz 1994 No S93) commenced 31 May 1994 (s 2) Statute Law Revision (Penalties) Act 1994 No 81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statute Law Revision Act 1995 No 46 sch notified 18 December 1995 (Gaz 1995 No S306) commenced 18 December 1995 (s 2) Domestic Violence (Amendment) Act 1996 No 3 notified 12 March 1996 (Gaz 1996 No S35) ss 1-3 commenced 12 March 1996 (s 2 (1)) remainder commenced 11 June 1996 (s 2 (2) and see Cwlth Gaz 1996 No GN5) Domestic Violence (Amendment) Act (No 2) 1996 No 37 notified 10 July 1996 (Gaz 1996 No S160) commenced 10 July 1996 (s 2) Firearms Act 1996 No 74 sch 3 notified 20 December 1996 (Gaz 1996 No S328) s 1, s 2 commenced 20 December 1996 (s 2 (1)) sch 3 commenced 17 May 1997 (s 2 (2) and Gaz 1997 No S135) Domestic Violence (Amendment) Act 1997 No 24 notified 29 May 1997 (Gaz 1997 No S136) ss 1-3 commenced 29 May 1997 (s 2 (1)) remainder commenced 30 May 1997 (s 2 (2) and see Gaz 1997 No S149) Domestic Violence (Amendment) Act (No 2) 1997 No 37 notified 16 July 1997 (Gaz 1997 No S185) ss 1-3 commenced 16 July 1997 (s 2 (1)) remainder commenced 17 October 1997 (s 2 (2) and Gaz 1997 No S310) Domestic Violence (Amendment) Act (No 3) 1997 No 65 notified 9 October 1997 (Gaz 1997 No S300) ss 1-3 commenced 9 October 1997 (s 2 (1)) remainder commenced 1 November 1997 (s 2 (2) and Gaz 1997 No S332) Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Domestic Violence (Amendment) Act 1998 No 37 notified 14 October 1998 (Gaz 1998 No S41) ss 1-3 commenced 14 October 1998 (s 2 (1)) remainder commenced 19 October 1998 (s 2 (2) and Gaz 1998 No 41) Domestic Violence (Amendment) Act (No 2) 1998 No 68 notified 23 December 1998 (Gaz 1998 No S212) ss 1-3 commenced 23 December 1998 (s 2 (1)) remainder commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51) Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 2 commenced 10 May 2000 (s 2 (2)) Road Transport Legislation Amendment Act 1999 No 79 sch 3 notified 23 December 1999 (Gaz 1999 No S65) s 1, s 2 commenced 23 December 1999 (IA s 10B) sch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5) Legislation (Consequential Amendments) Act 2001 No 44 pt 109 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 109 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Protection Orders (Consequential Amendments) Act 2001 No 90 sch 1 pt 4 notified LR 27 September 2001 s 1, s 2 commenced 27 September 2001 (LA s 75) sch 1 pt 4 commenced 27 March 2002 (s 2, see Protection Orders Act 2001 s 3 and LA s 79) Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.7 notified LR 24 March 2005s 1, s 2 commenced 24 March 2005 (LA s 75 (1)) sch 1 pt 1.7 commenced 25 March 2005 (s 2) Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.9 notified LR 5 September 2007 s 1, s 2 commenced 5 September 2007 (LA s 75 (1)) sch 1 pt 1.9 commenced 6 September 2007 (s 2) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.10 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.10 commenced 27 December 2007 (s 2) Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.8 notified LR 10 September 2008 s 1, s 2 commenced 10 September 2008 (LA s 75 (1)) sch 3 pt 3.8 commenced 30 March 2009 (s 2) Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.8 notified LR 31 August 2010 s 1, s 2 commenced 31 August 2010 (LA s 75 (1)) s 3 commenced 1 September 2010 (s 2 (1)) sch 1 pt 1.8 commenced 28 September 2010 (s 2 (2)) 4 Amendment history Name of Acts 1 sub 2001 No 90 amdt 1.41 Dictionarys 2 orig s 2 om 2001 No 44 amdt 1.1163 (prev s 3) am 1998 No 68 s 4 sub 2001 No 90 amdt 1.42 renum R7 LA (see 2001 No 90 amdt 1.58) am A2005-13 amdt 1.30; A2008-46 amdt 3.18 def aggrieved person ins 1990 No 30 s 3 om 2001 No 90 amdt 1.42 def approved crisis support organisation ins 1992 No 34 s 3 om 2001 No 90 amdt 1.42 def authorised police officer om 2001 No 90 amdt 1.42 def child sub 1990 No 30 s 3 om 2001 No 90 amdt 1.42 def clerk om 1991 No 44 sch 1 def Community Advocate ins 1998 No 37 s 4 om 2001 No 90 amdt 1.42 def court om 2001 No 90 amdt 1.42 def Crimes Act om R6 LRA def de facto spouse om 2001 No 90 amdt 1.42 def domestic violence ins 1998 No 37 s 4 om 2001 No 90 amdt 1.42 def domestic violence offence sub 1990 No 30 s 3; 1997 No 24 s 4; 1998 No 37 s 4 om 2001 No 90 amdt 1.42 def drug am 1989 No 14 s 3; 1994 No 26 sch om 2001 No 90 amdt 1.42 def emergency protection order ins 1998 No 68 s 4 om 2001 No 90 amdt 1.42 def extension request ins 1997 No 65 s 4 om 2001 No 90 amdt 1.42 def household member ins 1990 No 30 s 3 om 1998 No 37 s 4 def interim protection order om 2001 No 90 amdt 1.42 def judicial officer ins 1998 No 68 s 4 om 2001 No 90 amdt 1.42 def legal practitioner om 1997 No 96 sch def MC (CJ) Act ins 1998 No 37 s 4 om 2001 No 90 amdt 1.42 def original order ins 1997 No 65 s 4 om 2001 No 90 amdt 1.42 def prescribed offence am 1990 No 30 s 3 om 1997 No 24 s 4 def protection order am 1998 No 37 s 4 om 2001 No 90 amdt 1.42 def registrar ins 1991 No 44 sch 1 om 2001 No 90 amdt 1.42 def relative ins 1990 No 30 s 3 am 1992 No 37 s 4 om 2001 No 90 amdt 1.42 def relevant family contact order ins 1996 No 3 s 4 om 2001 No 90 amdt 1.42 def relevant period ins 1997 No 65 s 4 om 2001 No 90 amdt 1.42 def relevant person ins 1998 No 37 s 4 om 2001 No 90 amdt 1.42 def respondent am 1998 No 68 s 4 om 2001 No 90 amdt 1.42 def sitting hours of the Court ins 1998 No 68 s 4 om 2001 No 90 amdt 1.42 def spouse om 2001 No 90 amdt 1.42 def vary ins 1992 No 37 s 4 om 2001 No 90 amdt 1.42 Notess 3 orig s 3 renum as s 2 (prev s 4) am 1990 No 30 s 4; 1997 No 65 s 5 sub 1998 No 37 s 5; 2001 No 90 amdt 1.42 renum R7 LA (see 2001 No 90 amdt 1.58) Domestic Violence Prevention Councilpt 2 hdg orig pt 2 hdg om 2001 No 90 amdt 1.43 (prev pt 3 hdg) om 1992 No 9 sch ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) Emergency protection orderspt 2A hdg ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Establishment of councils 4 orig s 4 renum as s 3 (prev s 21) om 1992 No 9 sch ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-39 amdt 3.24 Nature of domestic violences 4A ins 1998 No 37 s 5 am 1999 No 79 sch 3 om 2001 No 90 amdt 1.43 Objective and functionss 5 orig s 5 am 1990 No 30 s 5 sub 1998 No 37 s 5 am 1999 No 64 sch 2 om 2001 No 90 amdt 1.43 (prev s 22) om 1992 No 9 sch ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) am A2007-39 amdt 3.25 Membership of councils 6 orig s 6 am 1991 No 44 sch 1 sub 1998 No 37 s 5 om 2001 No 90 amdt 1.43 (prev s 23) om 1992 No 9 sch ins 1997 No 37 s 4 am 2001 No 90 amdts 1.45-1.47 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-22 amdt 1.28 Chairperson of councils 6A ins A2007-22 amdt 1.28 Appointed members' terms 7 orig s 7 am 1990 No 30 sch; 1991 No 44; 1998 No 37 s 6; 1999 No 64 sch 2 om 2001 No 90 amdt 1.43 (prev s 24) am 1989 No 38 sch 1 om 1992 No 9 sch ins 1997 No 37 s 4 sub 2001 No 90 amdt 1.48 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-22 amdt 1.28 Representation of childrens 7A ins 1990 No 30 s 6 am 1998 No 37 s 7 om 2001 No 90 amdt 1.43 Ending of appointed member appointmentss 8 orig s 8 am 1995 No 46 sch; 1998 No 37 sch om 2001 No 90 amdt 1.43 (prev s 25A) ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-22 amdt 1.28 am A2010-30 amdt 1.25 Court to be informed of relevant contact orderss 8A ins 1996 No 3 s 5 am 1998 No 37 s 8 om 2001 No 90 amdt 1.43 Evidences 8B ins 1998 No 37 s 9 om 2001 No 90 amdt 1.43 Meetings of Councils 9 orig s 9 am 1990 No 30 sch; 1998 No 37 s 10 om 2001 No 90 amdt 1.43 (prev s 26) am 1990 No 30 sch om 1992 No 9 sch ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) Procedure at meetingss 10 orig s 10 am 1990 No 30 sch; 1996 No 3 s 6; 1997 No 65 s 6; 1998 No 37 s 11 om 2001 No 90 amdt 1.43 (prev s 26A) ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) Office of Domestic Violence Project Coordinatorpt 3 hdg orig pt 3 hdg renum as pt 2 hdg (prev pt 3A hdg) ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) Consent orderss 10A ins 1990 No 30 s 8 am 1998 No 37 s 12 om 2001 No 90 amdt 1.43 Appointments 11 orig s 11 am 1990 No 30 s 9 sub 1998 No 37 s 13 om 2001 No 90 amdt 1.43 (prev s 26C) ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-39 amdt 3.26 Functionss 12 orig s 12 am 1990 No 30 sch; 1991 No 44 sch 1; 1998 No 37 s 14; 2001 No 44 amdt 1.1164 om 2001 No 90 amdt 1.43 (prev s 26D) ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) am A2007-39 amdt 3.27 Term and conditions of offices 13 orig s 13 am 1998 No 37 s 15 om 2001 No 90 amdt 1.43 (prev s 26F) ins 1997 No 37 s 4 am 2001 No 90 amdt 1.51, amdt 1.52 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-39 amdt 3.28 Termination of appointments 14 orig s 14 am 1990 No 30 sch; 1996 No 3 s 7; 1998 No 37 s 16 om 2001 No 90 amdt 1.43 (prev s 26H) ins 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) am A2007-39 amdt 3.29 Protection orders, interim protection orders--firearmss 14A ins 1990 No 36 s 3 am 1990 No 65 s 8; 1991 No 9 sch; 1996 No 74 sch 3; 1997 No 24 s 5 om 2001 No 90 amdt 1.43 Acting coordinators 15 orig s 15 am 1990 No 30 s 10; 1992 No 37 s 5; 1998 No 37 s 17, sch om 2001 No 90 amdt 1.43 (prev s 26I) ins 1997 No 37 s 4 sub 2001 No 90 amdt 1.54 renum R7 LA (see 2001 No 90 amdt 1.58) om A2007-39 amdt 3.30 Protection of coordinators etc from liabilitys 16 (prev s 26J) i ns 1997 No 37 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) sub A2007-39 amdt 3.31 Approval of crisis support organisationss 17 orig s 17 am 1997 No 65 s 7; 1998 No 37 s 18 om 2001 No 90 amdt 1.43 (prev s 33) ins 1992 No 34 s 4 am 2001 No 44 amdt 1.1172, amdt 1.1173 renum R7 LA (see 2001 No 90 amdt 1.58) am A2007-39 amdt 3.32 Application for extension of orders 17A ins 1997 No 65 s 8 am 2001 No 44 amdt 1.1165, amdt 1.1166 om 2001 No 90 amdt 1.43 Court action on extension requests 17B ins 1997 No 65 s 8 am 2001 No 44 amdt 1.1167 om 2001 No 90 amdt 1.43 Application for cancellation of extended orders 17C ins 1997 No 65 s 8 om 2001 No 90 amdt 1.43 Disclosure of information to an approved crisis support organisations 18 orig s 18 am 1991 No 44 sch 1; 1996 No 3 s 8 om 1998 No 37 s 19 (prev s 34) ins 1992 No 34 s 4 renum R7 LA (see 2001 No 90 amdt 1.58) Service etc of orders 19 am 1990 No 36 s 4; 1991 No 9 sch; 1991 No 44 sch 1; 1996 No 74 sch 3; 2001 No 44 amdts 1.1168-1.1170 om 2001 No 90 amdt 1.43 Practice directionss 19A ins 1998 No 37 s 20 om 2001 No 90 amdt 1.43 Limitation on powers of Registrars 19B ins 1998 No 37 s 20 om 2001 No 90 amdt 1.43 Application not invalid only because made under wrong Acts 19C ins 1998 No 37 s 20 om 2001 No 90 amdt 1.43 Offences 19D ins 1998 No 37 s 20 am 1998 No 68 s 5 om 2001 No 90 amdt 1.43 Recovery of certain expensess 19E ins 1998 No 37 s 20 om 2001 No 90 amdt 1.43 Emergency protection orderss 19F ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Recording of reasons when no emergency protection order is applied fors 19G ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Duration of emergency protection orderss 19H ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Procedure for obtaining an emergency protection orders 19I ins 1998 No 68 s 6 am 2001 No 44 amdt 1.1171 om 2001 No 90 amdt 1.43 Detention of person against whom an order is soughts 19J ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Serving an emergency protection orders 19K ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Revoking or varying an emergency protection orders 19L ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Effect of orders on licences for firearmss 19M ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Authorisation of judicial officerss 19N ins 1998 No 68 s 6 om 2001 No 90 amdt 1.43 Interpretations 20 sub 1990 No 30 s 11 om 1992 No 9 sch ins 1997 No 37 s 4 om 2001 No 90 amdt 1.44 Establishments 21 renum as s 4 Objective and functionss 22 renum as s 5 Memberships 23 renum as s 6 Terms of appointments 24 renum as s 7 Resignations 25 om 1992 No 9 sch ins 1997 No 37 s 4 om 2001 No 90 amdt 1.48 Termination of appointments 25A renum as s 8 Meetings of Councils 26 renum as s 9 Procedure at meetingss 26A renum as s 10 Office of Domestic Violence Project Coordinatorpt 3A hdg renum as pt 3 hdg Interpretations 26B ins 1997 No 37 s 4 om 2001 No 90 amdt 1.49 Appointments 26C renum as s 11 Functionss 26D renum as s 12 Powerss 26E ins 1997 No 37 s 4 om 2001 No 90 amdt 1.50 Terms of offices 26F renum as s 13 Resignations 26G ins 1997 No 37 s 4 om 2001 No 90 amdt 1.53 Termination of appointments 26H renum as s 14 Acting coordinators 26I renum as s 15 Legal immunitys 26J renum as s 16 Offences 27 am 1992 No 37 s 6; 1994 No 81 sch; 1996 No 37 s 4 om 1998 No 37 s 21 Service other than personal services 28 om 2001 No 90 amdt 1.55 Service of documents by polices 29 am 1991 No 44 sch 1 om 2001 No 90 amdt 1.55 Restriction on publication of reports of proceedingss 30 am 1989 No 38 sch 1; 1994 No 81 sch; 1998 No 37 s 22 om 2001 No 90 amdt 1.55 Limits of restriction on publications 30A ins 1990 No 30 s 12 sub 1996 No 3 s 9; 1998 No 37 s 23 om 2001 No 90 amdt 1.55 Appealss 31 am 1995 No 46 sch; 1998 No 37 sch om 2001 No 90 amdt 1.55 Application of Crimes Act 1900 etcs 32 om 2001 No 90 amdt 1.55 Approval of crisis support organisationss 33 renum as s 17 Disclosure of information to an approved crisis support organisations 34 renum as s 18 Approved formss 35 ins 2001 No 44 amdt 1.1174 om 2001 No 90 amdt 1.56 Dictionarydict ins 2001 No 90 amdt 1.57 am A2007-39 amdt 3.33; A2010-30 amdt 1.26 def appointed member ins 2001 No 90 amdt 1.57 sub A2007-22 amdt 1.29 def approved crisis support organisation ins 2001 No 90 amdt 1.57 def child ins 2001 No 90 amdt 1.57 def coordinator ins 2001 No 90 amdt 1.57 def council ins 2001 No 90 amdt 1.57 def domestic violence ins 2001 No 90 amdt 1.57 sub A2005-13 amdt 1.31 am A2008-46 amdt 3.19 def domestic violence offence ins 2001 No 90 amdt 1.57 sub A2005-13 amdt 1.32 am A2008-46 amdt 3.20 def member ins 2001 No 90 amdt 1.57 sub A2007-22 amdt 1.30 Domestic violence offences under the Crimes Act 1900sch 1A ins 1997 No 24 s 6 am 1998 No 37 s 24 om 2001 No 90 amdt 1.57 Drugssch 1 om 2001 No 90 amdt 1.57 Formssch 2 am 1991 No 44 sch; 1992 No 37 s 7; 1998 No 37 s 25 om 2001 No 44 amdt 1.1175 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R13 Oct 1991 3 Oct 1991-7 July 1992 A1991-44 initial republication since self-government R1 (RI)6 Feb 2008 3 Oct 1991-7 July 1992 A1991-44 reissue of printed version R231 Aug 1992 3 Aug 1992-27 Nov 1992 A1992-37 amendments by A1992-34 and A1992-37 R2 (RI)6 Feb 2008 3 Aug 1992-27 Nov 1992 A1992-37 reissue of printed version R2A6 Feb 2008 28 Nov 1992-30 May 1994 A1992-37 amendments by A1992-9 R2B6 Feb 2008 31 May 1994-28 Nov 1994 A1994-26 amendments by A1994-26 R331 Jan 1995 29 Nov 1994-17 Dec 1995 A1994-81 amendments by A1994-81 R3 (RI)6 Feb 2008 29 Nov 1994-17 Dec 1995 A1994-81 reissue of printed version R3A6 Feb 2008 18 Dec 1995-10 June 1996 A1995-46 amendments by A1995-46 R430 Nov 1996 10 July 1996-16 May 1997 A1996-37 amendments by A1996-3 and A1996-37 R4 (RI)6 Feb 2008 10 July 1996-16 May 1997 A1996-37 reissue of printed version R4A6 Feb 2008 17 May 1997-29 May 1997 A1996-74 amendments by A1996-74 R4B6 Feb 2008 30 May 1997-16 Oct 1997 A1997-24 amendments by A1997-24 R4C6 Feb 2008 17 Oct 1997-31 Oct 1997 A1997-65 amendments by A1997-37 R4D6 Feb 2008 1 Nov 1997-31 May 1998 A1997-65 amendments by A1997-65 R51 June 1998 1 June 1998-18 Oct 1998 A1997-96 amendments by A1997-96 R5 (RI)6 Feb 2008 1 June 1998-18 Oct 1998 A1997-96 reissue of printed version R631 Jan 1999 23 Dec 1998-29 Feb 2000 A1998-68 amendments by A1998-37 and A1998-68 R6 (RI)6 Feb 2008 23 Dec 1998-29 Feb 2000 A1998-68 reissue of printed version R6A6 Feb 2008 10 May 2000-11 Sept 2001 A1999-79 amendments by A1999-64 and A1999-79 R6B6 Feb 2008 12 Sept 2001-26 Mar 2002 A2001-44 amendments by A2001-44 R727 Mar 2002 27 Mar 2002-24 Mar 2005 A2001-90 renaming and other amendments by A2001-90 R825 Mar 2005 25 Mar 2005-5 Sept 2007 A2005-13 amendments by A2005-13 R96 Sept 2007 6 Sept 2007-26 Dec 2007 A2007-22 amendments by A2007-22 R1027 Dec 2007 27 Dec 2007-29 Mar 2009 A2007-39 amendments by A2007-39 R1130 Mar 2009 30 Mar 2009-27 Sept 2010 A2008-46 amendments by A2008-46 6 Renumbered provisions This Act was renumbered under the Legislation Act 2001, in R7 (see Protection Orders (Consequential Amendments) Act 2001 A2001-90 amdt 1.58). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R7. (c) Australian Capital Territory 2010 DOMESTIC VIOLENCE AGENCIES ACT 1986 - NOTES Australian Capital Territory A1986-52 Republication No 12 Effective: 28 September 2010 Republication date: 28 September 2010 Last amendment made by A2010-30Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Domestic Violence Agencies Act 1986 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 28 September 2010 . It also includes any commencement, amendment, repeal or expiry affecting the republished law to 28 September 2010 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Domestic Violence Agencies Act 1986 Endnotes Australian Capital Territory Domestic Violence Agencies Act 1986