Domestic Violence Agencies Act 1986 (ACT)

Mechanically, the Domestic Violence Agencies Act 1986 (ACT) establishes three distinct statutory arrangements.

First, it retains the Domestic Violence Prevention Council (Part 2, ss 4-10). The council is created (s 4), given advisory and coordinating functions (s 5), and a defined membership (s 6). The Minister appoints several members (s 7), subject to fixed-term appointments not longer than three years, and may end appointments for a set list of reasons (s 8). The council runs by majority quorum and internal procedure rules (ss 9-10).

Second, and the primary recent reform, the Act now establishes a Domestic and Family Violence Review Coordinator (the DFVR coordinator) and a statutory domestic and family violence incident review regime (Part 3A, ss 16A-16Y). This part was inserted by the Domestic Violence Agencies Amendment Act 2021 (see endnote 4). The DFVR coordinator is a public servant appointed by the Minister (s 16D) who must have suitable qualifications and experience (s 16D(2)). The coordinator’s functions are enumerated and include keeping a register of domestic and family violence incidents, collecting information about suspected incidents, identifying patterns and trends, conducting research, making recommendations to government and non-government bodies, contributing to national research, monitoring implementation of recommendations and reporting to the Minister (s 16E). The coordinator is statutorily insulated from direction by the director-general in exercising those functions (s 16F) and may delegate to other public servants (s 16G). The coordinator can establish advisory committees and appoint independent advisers to assist (ss 16H-16I), and advisory committee members and independent advisers must take reasonable steps to avoid conflicts (s 16J).

Third, Part 3A sets up a statutory register and a broad information-gathering, sharing and reporting machinery. The register may include incidents suspected or occurring before the part commenced (s 16K), and may contain detailed personal and demographic data, health information, criminal history, history of family violence, interactions with community-based services, and any other information the coordinator considers relevant (s 16L). Access to the register is tightly circumscribed: only delegates or persons authorised in writing by the coordinator may access it, and personal information on the register may be disclosed only for the purpose of exercising a function under Part 3A or as otherwise authorised under that part (s 16M). Records and material created for the DFVR coordinator are excluded from admissibility in court proceedings (s 16N), subject to the sharing power with the Coroner’s Court (s 16R). The coordinator may ask relevant entities for information (s 16O) and may require production by written notice where the coordinator has reasonable grounds (s 16P); those requests and notices are subject to express consent and family-member limitations for incidents involving serious harm (s 16O(2), s 16P(3)). The Act allows interstate agreements for information sharing (s 16Q) and permits disclosure to the Coroner where it would assist an inquest (s 16R). Information-sharing guidelines made by relevant entities are provided for and are notifiable instruments (s 16T). The Act criminalises reckless use or disclosure of “protected information” obtained under the part, with significant penalties (s 16U). The DFVR coordinator must produce a biennial report with specified content and timing requirements (s 16V) and may prepare other reports (s 16W). Finally, the Act confers statutory protection from civil liability for the coordinator and those acting under direction where conduct is honest and without recklessness, with liability instead attaching to the Territory (s 16X). The Minister must review the operation of Part 3A after 31 March 2026 and present a report within three months (s 16Y), noting s 16Y’s expiry date as recorded in the amendment history (endnote 4).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Domestic Violence Agencies Act 1986 A1986-52 Republication No 18 Effective: 18 September 2024 Republication date: 18 September 2024 Last amendment made by A2024-49

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 18 September 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 September 2024. 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): • authorised republications to which the Legislation Act 2001 applies • 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, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. 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 the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Domestic Violence Agencies Act 1986 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 Part 2 Domestic Violence Prevention Council 4 Establishment of council 3 5 Functions of council 3 6 Membership of council 3 7 Appointment of council members 4 8 Ending of appointed member appointments 5 9 Meetings of council 5 10 Procedure at meetings 6

Contents Page contents 2 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Domestic and family violence incident review Division 3A.1 Preliminary 16A Purpose—pt 3A 7 16B Definitions—pt 3A 7 16C Meaning of domestic or family violence incident—pt 3A 8 Division 3A.2 Domestic and family violence review coordinator 16D DFVR coordinator—appointment 10 16E DFVR coordinator—functions 10 16F DFVR coordinator—independence 11 16G Delegation by DFVR coordinator 11 Division 3A.3 Advisory committees and independent advisers 16H Advisory committees 11 16I Independent advisers 12 16J Conflict of interest 12 Division 3A.4 Register of domestic and family violence incidents 16K Register of domestic and family violence incidents 12 16L Register of domestic and family violence incidents—content 13 16M Register of domestic and family violence incidents—access 14 16N Information kept on register—admissibility of evidence 14 Division 3A.5 Information gathering and sharing 16O Power to ask for information—relevant entities 15 16P Power to require information, document or other thing 16 16Q Sharing information—corresponding interstate entities 17 16R Sharing information with Coroner’s Court 17 16S Providing information etc—other circumstances 17 16T Information sharing guidelines 18 16U Use and disclosure of protected information 18 Division 3A.6 Reports about domestic and family violence incidents 16V Biennial report 20 16W Other reports 22 Division 3A.7 Miscellaneous 16X Protection of DFVR coordinator etc from liability 23 16Y Review of part 23

Contents Page R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 17 Approval of crisis support organisations 24 18 Disclosure of information to an approved crisis support organisation 24 19 Regulation-making power 24 Dictionary 25 Endnotes 1 About the endnotes 27 2 Abbreviation key 27 3 Legislation history 28 4 Amendment history 34 5 Earlier republications 46 6 Renumbered provisions 48

R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Domestic Violence Agencies Act 1986 An Act relating to family violence, and for other purposes

Part 1 Preliminary Section 1 page 2 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Domestic Violence Agencies Act 1986. 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 ‘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)). 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 Prevention Council Part 2 Section 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Domestic Violence Prevention Council 4 Establishment of council The Domestic Violence Prevention Council is established. 5 Functions of council (1) The council has the following functions: (a) advising the Minister on the Territory’s response to domestic violence and family violence, including ways to continually improve the Territory’s response; (b) identifying gaps and opportunities for the Territory to make the improvements mentioned in paragraph (a); (c) 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. (2) In exercising its functions, the council may— (a) 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 (b) establish an expert reference group to assist the council in the exercise of its functions. (3) Subsection (2) does not limit anything else that the council may do in exercising its functions under this Act. 6 Membership of council The council consists of— (a) the victims of crime commissioner; and

Part 2 Domestic Violence Prevention Council Section 7 page 4 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the public servant in charge of the business unit responsible for coordinating the Territory’s response to domestic violence and family violence; and (c) the chief executive officer of the Domestic Violence Crisis Service Inc ABN 54 658 714 235; and (d) the police officer who has command of operations relating to domestic violence and family violence; and (e) the public servant responsible for the administration of corrective services; and (f) the members appointed by the Minister under section 7. 7 Appointment of council members (1) The Minister must appoint the following as members of the council: (a) 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; (b) at least 2 people who, in the Minister’s opinion, represent the interests of an Aboriginal or Torres Strait Islander community; (c) at least 1 person who, in the Minister’s opinion, represents the interests of people of culturally and linguistically diverse backgrounds. (2) 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. (3) 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.

Domestic Violence Prevention Council Part 2 Section 8 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Ending of appointed member appointments The Minister must end the appointment of a member appointed under section 7— (a) for misbehaviour; or (b) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or (c) if the member becomes bankrupt or personally insolvent; or (d) if the member is absent, without the permission of the presiding member, 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. 9 Meetings of council (1) The chair must call a meeting of the council— (a) whenever the chair considers it necessary for the effective exercise of the council’s functions; or (b) if requested, in writing, by the Minister; or (c) if requested, in writing, by at least 3 other members of the council. (2) The council must hold a meeting in accordance with any resolution of the council.

Part 2 Domestic Violence Prevention Council Section 10 page 6 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Procedure at meetings (1) The members must elect a member as chair of the council. (2) The chair presides at meetings of the council. (3) 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. (4) At a meeting of the council a quorum consists of the majority of members. (5) 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. (6) The council must keep written minutes of its proceedings. (7) The council may decide its own procedure in relation to anything for which a procedure is not provided under this Act.

Domestic and family violence incident review Part 3A Preliminary Division 3A.1 Section 16A R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Domestic and family violence incident review Division 3A.1 Preliminary 16A Purpose—pt 3A The purpose of this part is to establish the role of the Domestic and Family Violence Review Coordinator to— (a) identify preventative measures to reduce family violence; and (b) 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 (c) make recommendations to the Minister for implementation by government and the private-sector to prevent or reduce the likelihood of family violence. 16B Definitions—pt 3A 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.

Part 3A Domestic and family violence incident review Division 3A.1 Preliminary Section 16C page 8 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16C Meaning of domestic or family violence incident—pt 3A (1) In this part: domestic or family violence incident means an incident resulting in the death of, or serious harm to, a person that occurs— (a) in circumstances involving family violence; and (b) either— (i) in the ACT; or (ii) if the incident involves a person who lived in the ACT at the time of the incident—outside of the ACT. (2) For this section, an incident occurs in circumstances involving family violence if— (a) if the death of, or serious harm to, a person (an affected person) resulting from the incident was caused by another person (the perpetrator)— (i) the affected person was, or had been, in a relevant relationship with the perpetrator that involved family violence; or (ii) at the time of the incident, the affected person was in a relevant relationship with a person who was, or had been, in a relevant relationship with the perpetrator that involved family violence; or (iii) at the time of the incident, the perpetrator mistakenly believed the affected person was in a relevant relationship with a person who was, or had been, in a relevant relationship with the perpetrator that involved family violence; or

Domestic and family violence incident review Part 3A Preliminary Division 3A.1 Section 16C R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) at the time of the incident, the affected person was a witness to, present at, or attempted to intervene in, an incident of family violence between the perpetrator and a person who was, or had been, in a relevant relationship with the second person; or (v) at the time of the incident, the affected person was a witness to, present at, or attempted to intervene in violence between the perpetrator and a person who the perpetrator mistakenly believed was in a relevant relationship with a person who was, or had been, in a relevant relationship with the perpetrator that involved family violence; or (b) if the incident results in a person dying by suicide—the person was, or had been, in a relevant relationship with another person that involved family violence; or (c) if the incident results in a person seriously harming themself— the person was, or had been, in a relevant relationship with another person that involved family violence; or (d) if the incident results in a person dying or being seriously harmed in another way—the incident occurred in other circumstances for which family violence was a contributing factor. (3) In this section: family member—see the Family Violence Act 2016, section 9. relevant relationship, of a person with another person, means the person was, or has been, a family member of the other person.

Part 3A Domestic and family violence incident review Division 3A.2 Domestic and family violence review coordinator Section 16D page 10 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3A.2 Domestic and family violence review coordinator 16D DFVR coordinator—appointment (1) The Minister must appoint a public servant as the Domestic and Family Violence Review Coordinator (the DFVR coordinator). Note For laws about appointments, see the Legislation Act, pt 19.3. (2) However, the Minister may only appoint the person as the DFVR coordinator if satisfied that the person has suitable qualifications and experience to exercise the functions of the DFVR coordinator. 16E DFVR coordinator—functions The DFVR coordinator’s main functions are as follows: (a) to keep a register of domestic and family violence incidents; (b) to collect information about suspected domestic and family violence incidents; (c) to identify patterns and trends in relation to family violence; (d) to undertake research that aims to help prevent or reduce the likelihood of family violence; (e) to identify areas requiring further research by the coordinator or another entity that arise from the identified patterns and trends in relation to family violence; (f) to make recommendations about legislation, policies, practices and services for implementation by the Territory and non-government bodies to help prevent or reduce the likelihood of family violence; (g) to contribute to national research and review of domestic and family violence policy and undertake associated research;

Domestic and family violence incident review Part 3A Advisory committees and independent advisers Division 3A.3 Section 16F R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) to monitor the implementation of the coordinator’s recommendations; (i) to report to the Minister; (j) any other function given to the coordinator under this Act or another territory law. 16F DFVR coordinator—independence The DFVR coordinator is not subject to the direction of the director-general in the exercise of the coordinator’s functions. 16G Delegation by DFVR coordinator The DFVR coordinator may delegate the coordinator’s functions under this Act to another public servant. Note For laws about delegations, see the Legislation Act, pt 19.4. Division 3A.3 Advisory committees and independent advisers 16H Advisory committees (1) The DFVR coordinator may establish advisory committees to assist the coordinator in the exercise of the coordinator’s functions. (2) An advisory committee must, on request of the DFVR coordinator, provide advice to the coordinator on the exercise of the coordinator’s functions. (3) In exercising its functions, an advisory committee may consult with independent advisers appointed under section 16I.

Part 3A Domestic and family violence incident review Division 3A.4 Register of domestic and family violence incidents Section 16I page 12 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16I Independent advisers (1) The DFVR coordinator may appoint a person as an independent adviser— (a) on the request of an advisory committee, to assist the committee in the exercise of its functions; or (b) on the coordinator’s own initiative, to assist the coordinator in the exercise of the coordinator’s functions. Note For laws about appointments, see the Legislation Act, pt 19.3. (2) An appointment may be subject to conditions stated in the appointment. 16J Conflict of interest A member of an advisory committee or independent adviser must take all reasonable steps to avoid being placed in a position where a conflict of interest arises when advising the DFVR coordinator. Division 3A.4 Register of domestic and family violence incidents 16K Register of domestic and family violence incidents (1) The DFVR coordinator may keep a register of domestic or family violence incidents. (2) The register may include— (a) incidents that the DFVR coordinator suspects are domestic or family violence incidents; and (b) domestic or family violence incidents (or suspected domestic or family violence incidents) occurring before the commencement of this part.

Domestic and family violence incident review Part 3A Register of domestic and family violence incidents Division 3A.4 Section 16L R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The register may be kept— (a) in any form the coordinator considers appropriate, including electronically; or (b) in the form of 1 or more registers, or 1 or more parts. 16L Register of domestic and family violence incidents— content The register may include— (a) any of the following information in relation to a person involved in a domestic or family violence incident the DFVR coordinator considers relevant to the exercise of the coordinator’s functions: (i) personal identifying information; (ii) personal circumstances; (iii) health information relevant to family violence; (iv) criminal history; (v) history of family violence; (vi) interaction with a community-based service; and (b) any other demographic data available to the DFVR coordinator; and (c) any other information about a domestic or family violence incident, or a person involved in an incident, that the DFVR coordinator considers relevant to the exercise of the coordinator’s functions.

Part 3A Domestic and family violence incident review Division 3A.4 Register of domestic and family violence incidents Section 16M page 14 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16M Register of domestic and family violence incidents— access (1) The DFVR coordinator must ensure— (a) that the register is accessed only by the following: (i) a delegate of the coordinator; (ii) a person authorised, in writing, by the coordinator to access the register or part of it; and (b) that personal information on the register is disclosed only to a person with access to the register— (i) for the purpose of exercising a function under this part; or (ii) as otherwise required or authorised under this part. (2) The DFVR coordinator must notify a person with access to the register of the person’s obligations to deal with information on the register in accordance with the requirements under this Act or another territory or Commonwealth law. 16N Information kept on register—admissibility of evidence (1) The following are not admissible as evidence in a proceeding before a court: (a) a record of information on the register; (b) an oral statement made to a person exercising a function of the DFVR coordinator; (c) a document given to a person exercising a function of the DFVR coordinator, but only to the extent that it was prepared only for the person; (d) a document prepared by a person exercising a function of the DFVR coordinator.

Domestic and family violence incident review Part 3A Information gathering and sharing Division 3A.5 Section 16O R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) This section is subject to section 16R (Sharing information with Coroner’s Court). (3) In this section: court includes a tribunal, authority or person with power to require the production of documents or the answering of questions. Division 3A.5 Information gathering and sharing 16O Power to ask for information—relevant entities (1) The DFVR coordinator may, in writing, ask a relevant entity to give the coordinator information held by the entity that the coordinator considers reasonably necessary to— (a) determine whether an incident is a domestic or family violence incident; or (b) otherwise exercise the coordinator’s functions. (2) However, the DFVR coordinator must not ask for information in relation to a domestic or family violence incident resulting in serious harm to a person without the consent of the harmed person. (3) The relevant entity must comply with the request within a reasonable time, being not more than 15 working days after receiving the request. (4) However, the relevant entity need not comply with the request if the entity gives the DFVR coordinator a reasonable excuse for not complying. (5) In this section: relevant entity means each of the following: (a) the chief police officer; (b) a director-general of an administrative unit;

Part 3A Domestic and family violence incident review Division 3A.5 Information gathering and sharing Section 16P page 16 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a community-based service; (d) an entity prescribed by regulation. 16P Power to require information, document or other thing (1) This section applies if the DFVR coordinator believes on reasonable grounds that a person can give information or produce a document or other thing that the coordinator considers necessary to exercise their functions. (2) The DFVR coordinator may, by written notice given to the person, require the person to give the information in writing or produce the document or other thing. (3) However, the DFVR coordinator must not give a notice— (a) to a family member of a person who has died or is seriously harmed in a domestic or family violence incident; or (b) in relation to a domestic or family violence incident resulting in serious harm to a person without the consent of the harmed person. (4) The notice must state how, and the time within which, the person must comply with the requirement. (5) A person commits an offence if— (a) the person is required by a notice under this section to give information or produce a document or other thing; and (b) the person fails to give the information or produce the document or other thing. Maximum penalty: 50 penalty units. Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 2 Giving false information is an offence against the Criminal Code, s 338.

Domestic and family violence incident review Part 3A Information gathering and sharing Division 3A.5 Section 16Q R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) Subsection (5) does not apply if the person has a reasonable excuse for failing to give the information or produce the document or other thing to the DFVR coordinator as required. 16Q Sharing information—corresponding interstate entities (1) The DFVR coordinator may enter into an agreement with an entity that exercises a function under a law of a State, corresponding or substantially corresponding to a function of the coordinator, to share information relevant to the function. (2) Also, the DFVR coordinator may enter into an agreement with a State to share information for the purpose of contributing to national research or review of domestic and family violence policy. (3) The DFVR coordinator must ensure an agreement provides that information shared with the entity is protected to the extent it is protected under this part and any other territory law. 16R Sharing information with Coroner’s Court (1) This section applies if the DFVR coordinator is satisfied that giving information kept on the register would assist the Coroner’s Court in an inquest concerning the death of a person relating to a domestic or family violence incident or suspected incident. (2) The DFVR coordinator may give the information to the Coroner’s Court. (3) The Coroner’s Court may use the information in relation to the inquest. 16S Providing information etc—other circumstances Nothing in this division prevents a person sharing information with, or producing a document or other thing to, the DFVR coordinator, or the coordinator using any information given, or document or other thing produced, for the exercise of the coordinator’s functions.

Part 3A Domestic and family violence incident review Division 3A.5 Information gathering and sharing Section 16T page 18 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16T Information sharing guidelines (1) A relevant entity may make guidelines (information sharing guidelines) for how the entity is to share information with the DFVR coordinator under this division. (2) Before making a guideline, the entity— (a) must consult the DFVR coordinator; and (b) may consult anyone else the entity considers appropriate. (3) A guideline is a notifiable instrument. (4) In this section: relevant entity—see section 16O (5). 16U Use and disclosure of protected information (1) An information holder commits an offence if— (a) the information holder uses information; and (b) the information is protected information about someone else; and (c) the information holder is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An information holder commits an offence if— (a) the information holder does something that discloses information; and (b) the information is protected information about someone else; and

Domestic and family violence incident review Part 3A Information gathering and sharing Division 3A.5 Section 16U R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the information holder is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being disclosed to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply if the information holder uses or discloses protected information about someone else (the protected person)— (a) under this Act or another law applying in the ACT; or (b) to the chief police officer in connection with a possible offence; or (c) in relation to the exercise of a function, as an information holder, under this Act or another law applying in the ACT; or (d) in a court proceeding; or (e) with the protected person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) An information holder need not disclose protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT. (5) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

Part 3A Domestic and family violence incident review Division 3A.6 Reports about domestic and family violence incidents Section 16V page 20 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au disclose includes— (a) communicate; or (b) publish. information means information, whether true or not, in any form and includes an opinion and advice. information holder means— (a) a person who is, or has been— (i) the DFVR coordinator; or (ii) a person exercising a function of the DFVR coordinator; or (iii) a member of an advisory committee; or (iv) an independent adviser; or (b) anyone else who exercises or has exercised a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else. use, in relation to information, includes make a record of the information. Division 3A.6 Reports about domestic and family violence incidents 16V Biennial report (1) The DFVR coordinator must report to the Minister about domestic or family violence incidents included on the register (registered incidents) during the reporting period.

Domestic and family violence incident review Part 3A Reports about domestic and family violence incidents Division 3A.6 Section 16V R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The report must include the following: (a) the number of registered incidents; (b) the incidence of interactions between people involved in registered incidents and police, the courts or community-based services. (3) The DFVR coordinator may include in the report— (a) demographic information about people involved in domestic or family violence incidents; and (b) any patterns or trends identified in relation to registered incidents; and (c) any recommendations about legislation, policies, practices or services for implementation by the Territory and non-government bodies to help prevent or reduce the likelihood of family violence; and (b) information about the implementation of any previous recommendations of the DFVR coordinator; and (c) any other matter the DFVR coordinator considers relevant. (4) However the DFVR coordinator must not include in the report any information that, in the opinion of the coordinator, would— (a) disclose the identity of people involved in a registered incident; or (b) allow the identity of a person involved in a registered incident to be easily worked out. (5) The DFVR coordinator must give the Minister the report within 4 months after the end of the review period. (6) The Minister must present the report to the Legislative Assembly within 6 sitting days after the day the report is given to the Minister.

Part 3A Domestic and family violence incident review Division 3A.6 Reports about domestic and family violence incidents Section 16W page 22 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) Within 3 months after receiving a report under subsection (1), the Minister must give information to the DFVR coordinator about any action the Minister has taken, or will take, in relation to the matters raised in the report. (8) In this section: reporting period means a period of 2 years, beginning on 1 July 2021. 16W Other reports (1) The DFVR coordinator may, at any time, prepare a report for the Minister on any matter arising in connection with the exercise of the coordinator’s functions. (2) However, the DFVR coordinator must not include in the report any information that, in the opinion of the coordinator, would— (a) disclose the identity of people involved in a registered incident; or (b) allow the identity of a person involved in a registered incident to be easily worked out. (3) The Minister must present the report to the Legislative Assembly within 6 sitting days after the day the report is given to the Minister. (4) Within 3 months after receiving a report under subsection (1), the Minister must give information to the DFVR coordinator about any action the Minister has taken, or will take, in relation to the matters raised in the report. (5) In this section: registered incident—see section 16V (1).

Domestic and family violence incident review Part 3A Miscellaneous Division 3A.7 Section 16X R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3A.7 Miscellaneous 16X Protection of DFVR coordinator etc from liability (1) The DFVR coordinator, or a person acting under the direction of the coordinator, is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any liability that would, apart from this section, attach to the DFVR coordinator, or a person acting under the direction of the coordinator, attaches instead to the Territory. (3) In this section: conduct means an act or omission to do an act. 16Y Review of part (1) The Minister must review the operation of this part as soon as practicable after 31 March 2026. (2) The Minister must present a report of the review to the Legislative Assembly within 3 months after the day the review is started. (3) This section expires on 31 March 2027.

Part 4 Miscellaneous Section 17 page 24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 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. 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 family 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. 19 Regulation-making power The Executive may make regulations for this Act.

Dictionary R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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: • administrative unit • bankrupt or personally insolvent • chief police officer • director-general (see s 163) • police officer • public servant • territory law. advisory committee, for part 3A (Domestic and family violence incident review)—see section 16B. 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. council means the Domestic Violence Prevention Council established by section 4. DFVR coordinator, for part 3A (Domestic and family violence incident review)—see section 16B. domestic or family violence incident, for part 3A (Domestic and family violence incident review)—see section 16C. family violence—see the Family Violence Act 2016, section 8. family violence offence—see the Family Violence Act 2016, dictionary.

Dictionary page 26 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au independent adviser, for part 3A (Domestic and family violence incident review)—see section 16B. member means a member of the council. register, for part 3A (Domestic and family violence incident review)—see section 16B. serious harm, for part 3A (Domestic and family violence incident review)—see section 16B.

Endnotes About the endnotes 1 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. 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

Endnotes 3 Legislation history page 28 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 A1986-52 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 Ord1989-14 s 3 notified 15 March 1989 commenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109) Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 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 A1990-30 notified 28 September 1990 (Gaz 1990 No S67) commenced 28 September 1990 Domestic Violence (Amendment) Act (No 2) 1990 A1990-36 notified 7 November 1990 (Gaz 1990 No S76) commenced 7 November 1990

Endnotes Legislation history 3 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Magistrates Court (Amendment) Act 1990 A1990-65 s 8 notified 24 December 1990 (Gaz 1990 No S98) commenced 24 December 1990 Weapons (Consequential Amendments) Act 1991 A1991-9 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 A1991-44 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 A1992-9 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 A1992-34 notified 8 July 1992 (Gaz 1992 No S103) commenced 8 July 1992 Protection Orders (Reciprocal Arrangements) (Consequential Amendments) Act 1992 A1992-37 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 A1994-26 sch notified 31 May 1994 (Gaz 1994 No S93) commenced 31 May 1994 (s 2) Statute Law Revision (Penalties) Act 1994 A1994-81 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)

Endnotes 3 Legislation history page 30 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) commenced 18 December 1995 (s 2) Domestic Violence (Amendment) Act 1996 A1996-3 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 A1996-37 notified 10 July 1996 (Gaz 1996 No S160) commenced 10 July 1996 (s 2) Firearms Act 1996 A1996-74 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 A1997-24 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 A1997-37 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 A1997-65 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 A1997-96 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))

Endnotes Legislation history 3 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Domestic Violence (Amendment) Act 1998 A1998-37 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 A1998-68 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 A1999-64 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 A1999-79 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 A2001-44 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 A2001-90 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 2005 s 1, s 2 commenced 24 March 2005 (LA s 75 (1)) sch 1 pt 1.7 commenced 25 March 2005 (s 2)

Endnotes 3 Legislation history page 32 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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)) Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 sch 1 pt 1.1 notified LR 23 February 2016 s 1, s 2 commenced 23 February 2016 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 April 2016 (s 2) Family Violence Act 2016 A2016-42 sch 3 pt 3.12 (as am by A2017-10 s 7) notified LR 18 August 2016 s 1, s 2 commenced 18 August 2016 (LA s 75 (1)) sch 3 pt 3.12 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)

Endnotes Legislation history 3 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Family and Personal Violence Legislation Amendment Act 2017 A2017-10 s 7 notified LR 6 April 2017 s 1, s 2 commenced 6 April 2017 (LA s 75 (1)) s 7 commenced 30 April 2017 (s 2 (1)) Note This Act only amends the Family Violence Act 2016 A2016-42. Domestic Violence Agencies Amendment Act 2021 A2021-21 notified LR 21 September 2021 s 1, s 2 commenced 21 September 2021 (LA s 75 (1)) remainder commenced 22 September 2021 (s 2) Domestic Violence Agencies Amendment Act 2022 A2022-11 notified LR 17 June 2022 s 1, s 2 commenced 17 June 2022 (LA s 75 (1)) remainder commenced 17 December 2022 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 7 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) pt 7 commenced 12 December 2023 (s 2 (1)) Domestic Violence Agencies (Information Sharing) Amendment Act 2024 A2024-17 notified LR 24 May 2024 s 1, s 2 commenced 24 May 2024 (LA s 75 (1)) remainder awaiting commencement Justice and Community Safety Legislation Amendment Act 2024 A2024-49 pt 7 notified LR 17 September 2024 s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2)) pt 7 commenced 18 September 2024 (s 2 (4))

Endnotes 4 Amendment history page 34 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2001-90 amdt 1.41 Long title long title am A2016-42 amdt 3.54 Dictionary s 2 orig s 2 om A2001-44 amdt 1.1163 (prev s 3) am A1998-68 s 4 sub A2001-90 amdt 1.42 renum R7 LA (see A2001-90 amdt 1.58) am A2005-13 amdt 1.30; A2008-46 amdt 3.18; A2016-42 amdt 3.55 def aggrieved person ins A1990-30 s 3 om A2001-90 amdt 1.42 def approved crisis support organisation ins A1992-34 s 3 om A2001-90 amdt 1.42 def authorised police officer om A2001-90 amdt 1.42 def child sub A1990-30 s 3 om A2001-90 amdt 1.42 def clerk om A1991-44 sch 1 def Community Advocate ins A1998-37 s 4 om A2001-90 amdt 1.42 def court om A2001-90 amdt 1.42 def Crimes Act om R6 LRA def de facto spouse om A2001-90 amdt 1.42 def domestic violence ins A1998-37 s 4 om A2001-90 amdt 1.42 def domestic violence offence sub A1990-30 s 3; A1997-24 s 4; A1998-37 s 4 om A2001-90 amdt 1.42 def drug am A1989-14 s 3; A1994-26 sch om A2001-90 amdt 1.42 def emergency protection order ins A1998-68 s 4 om A2001-90 amdt 1.42 def extension request ins A1997-65 s 4 om A2001-90 amdt 1.42 def household member ins A1990-30 s 3 om A1998-37 s 4 def interim protection order om A2001-90 amdt 1.42 def judicial officer ins A1998-68 s 4 om A2001-90 amdt 1.42 def legal practitioner om A1997-96 sch def MC (CJ) Act ins A1998-37 s 4 om A2001-90 amdt 1.42

Endnotes Amendment history 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def original order ins A1997-65 s 4 om A2001-90 amdt 1.42 def prescribed offence am A1990-30 s 3 om A1997-24 s 4 def protection order am A1998-37 s 4 om A2001-90 amdt 1.42 def registrar ins A1991-44 sch 1 om A2001-90 amdt 1.42 def relative ins A1990-30 s 3 am A1992-37 s 4 om A2001-90 amdt 1.42 def relevant family contact order ins A1996-3 s 4 om A2001-90 amdt 1.42 def relevant period ins A1997-65 s 4 om A2001-90 amdt 1.42 def relevant person ins A1998-37 s 4 om A2001-90 amdt 1.42 def respondent am A1998-68 s 4 om A2001-90 amdt 1.42 def sitting hours of the Court ins A1998-68 s 4 om A2001-90 amdt 1.42 def spouse om A2001-90 amdt 1.42 def vary ins A1992-37 s 4 om A2001-90 amdt 1.42 Notes s 3 orig s 3 renum as s 2 (prev s 4) am A1990-30 s 4; A1997-65 s 5 sub A1998-37 s 5; A2001-90 amdt 1.42 renum R7 LA (see A2001-90 amdt 1.58) Domestic Violence Prevention Council pt 2 hdg orig pt 2 hdg om A2001-90 amdt 1.43 (prev pt 3 hdg) om A1992-9 sch ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) Emergency protection orders pt 2A hdg ins A1998-68 s 6 om A2001-90 amdt 1.43 Establishment of council s 4 orig s 4 renum as s 3 (prev s 21) om A1992-9 sch ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-39 amdt 3.24

Endnotes 4 Amendment history page 36 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Nature of domestic violence s 4A ins A1998-37 s 5 am A1999-79 sch 3 om A2001-90 amdt 1.43 Functions of council s 5 orig s 5 am A1990-30 s 5 sub A1998-37 s 5 am A1999-64 sch 2 om A2001-90 amdt 1.43 (prev s 22) om A1992-9 sch ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) am A2007-39 amdt 3.25; A2016-42 amdt 3.56 sub A2022-11 s 4 Membership of council s 6 orig s 6 am A1991-44 sch 1 sub A1998-37 s 5 om A2001-90 amdt 1.43 (prev s 23) om A1992-9 sch ins A1997-37 s 4 am A2001-90 amdts 1.45-1.47 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-22 amdt 1.28 am A2016-42 amdt 3.56 sub A2022-11 s 4 Chairperson of council s 6A ins A2007-22 amdt 1.28 om A2022-11 s 4 Appointment of council members s 7 orig s 7 am A1990-30 sch; A1991-44; A1998-37 s 6; A1999-64 sch 2 om A2001-90 amdt 1.43 (prev s 24) am Ord1989-38 sch 1 om A1992-9 sch ins A1997-37 s 4 sub A2001-90 amdt 1.48 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-22 amdt 1.28; A2022-11 s 4 Representation of children s 7A ins A1990-30 s 6 am A1998-37 s 7 om A2001-90 amdt 1.43

Endnotes Amendment history 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Ending of appointed member appointments s 8 orig s 8 am A1995-46 sch; A1998-37 sch om A2001-90 amdt 1.43 (prev s 25A) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-22 amdt 1.28 am A2010-30 amdt 1.25 sub A2022-11 s 4 Court to be informed of relevant contact orders s 8A ins A1996-3 s 5 am A1998-37 s 8 om A2001-90 amdt 1.43 Evidence s 8B ins A1998-37 s 9 om A2001-90 amdt 1.43 Meetings of council s 9 orig s 9 am A1990-30 sch; A1998-37 s 10 om A2001-90 amdt 1.43 (prev s 26) am A1990-30 sch om A1992-9 sch ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) sub A2022-11 s 4 Procedure at meetings s 10 orig s 10 am A1990-30 sch; A1996-3 s 6; A1997-65 s 6; A1998-37 s 11 om A2001-90 amdt 1.43 (prev s 26A) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) sub A2022-11 s 4 Office of Domestic Violence Project Coordinator pt 3 hdg orig pt 3 hdg renum as pt 2 hdg (prev pt 3A hdg) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) om A2022-11 s 5 Consent orders s 10A ins A1990-30 s 8 am A1998-37 s 12 om A2001-90 amdt 1.43

Endnotes 4 Amendment history page 38 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Domestic violence project coordinator s 11 orig s 11 am A1990-30 s 9 sub A1998-37 s 13 om A2001-90 amdt 1.43 (prev s 26C) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-39 amdt 3.26; A2016-1 amdt 1.1 om A2022-11 s 5 Functions s 12 orig s 12 am A1990-30 sch; A1991-44 sch 1; A1998-37 s 14; A2001-44 amdt 1.1164 om A2001-90 amdt 1.43 (prev s 26D) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) am A2007-39 amdt 3.27; A2016-42 amdt 3.57 om A2022-11 s 5 Term and conditions of office s 13 orig s 13 am A1998-37 s 15 om A2001-90 amdt 1.43 (prev s 26F) ins A1997-37 s 4 am A2001-90 amdt 1.51, amdt 1.52 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-39 amdt 3.28 om A2022-11 s 5 Termination of appointment s 14 orig s 14 am A1990-30 sch; A1996-3 s 7; A1998-37 s 16 om A2001-90 amdt 1.43 (prev s 26H) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) am A2007-39 amdt 3.29 om A2022-11 s 5 Protection orders, interim protection orders—firearms s 14A ins A1990-36 s 3 am A1990-65 s 8; A1991-9 sch; A1996-74 sch 3; A1997-24 s 5 om A2001-90 amdt 1.43 Acting coordinator s 15 orig s 15 am A1990-30 s 10; A1992-37 s 5; A1998-37 s 17, sch om A2001-90 amdt 1.43 (prev s 26I) ins A1997-37 s 4 sub A2001-90 amdt 1.54 renum R7 LA (see A2001-90 amdt 1.58) om A2007-39 amdt 3.30

Endnotes Amendment history 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Protection of coordinators etc from liability s 16 (prev s 26J) ins A1997-37 s 4 renum R7 LA (see A2001-90 amdt 1.58) sub A2007-39 amdt 3.31 om A2022-11 s 5 Domestic and family violence incident review pt 3A hdg ins A2021-21 s 4 Preliminary div 3A.1 hdg ins A2021-21 s 4 Purpose—pt 3A s 16A ins A2021-21 s 4 Definitions—pt 3A s16B ins A2021-21 s 4 def advisory committee ins A2021-21 s 4 def DFVR coordinator ins A2021-21 s 4 def independent adviser ins A2021-21 s 4 def register ins A2021-21 s 4 def serious harm ins A2021-21 s 4 Meaning of domestic or family violence incident—pt 3A s 16C ins A2021-21 s 4 Domestic and family violence review coordinator div 3A.2 hdg ins A2021-21 s 4 DFVR coordinator—appointment s 16D ins A2021-21 s 4 DFVR coordinator—functions s 16E ins A2021-21 s 4 DFVR coordinator—independence s 16F ins A2021-21 s 4 Delegation by DFVR coordinator s 16G ins A2021-21 s 4 Advisory committees and independent advisers div 3A.3 hdg ins A2021-21 s 4 Advisory committees s 16H ins A2021-21 s 4 Independent advisers s 16I ins A2021-21 s 4 Conflict of interest s 16J ins A2021-21 s 4

Endnotes 4 Amendment history page 40 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Register of domestic and family violence incidents div 3A.4 hdg ins A2021-21 s 4 Register of domestic and family violence incidents s 16K ins A2021-21 s 4 Register of domestic and family violence incidents—content s 16L ins A2021-21 s 4 Register of domestic and family violence incidents—access s 16M ins A2021-21 s 4 Information kept on register—admissibility of evidence s 16N ins A2021-21 s 4 Information gathering and sharing div 3A.5 hdg ins A2021-21 s 4 Power to ask for information—relevant entities s 16O ins A2021-21 s 4 Power to require information, document or other thing s 16P ins A2021-21 s 4 Sharing information—corresponding interstate entities s 16Q ins A2021-21 s 4 Sharing information with Coroner’s Court s 16R ins A2021-21 s 4 Providing information etc—other circumstances s 16S ins A2021-21 s 4 Information sharing guidelines s 16T ins A2021-21 s 4 Use and disclosure of protected information s 16U ins A2021-21 s 4 Reports about domestic and family violence incidents div 3A.6 hdg ins A2021-21 s 4 Biennial report s 16V ins A2021-21 s 4 Other reports s 16W ins A2021-21 s 4 Miscellaneous div 3A.7 hdg ins A2021-21 s 4 Protection of DFVR coordinator etc from liability s 16X ins A2021-21 s 4

Endnotes Amendment history 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Review of part s 16Y ins A2021-21 s 4 am A2024-49 s 15, s 16 exp 31 March 2027 (s 16Y (3)) Approval of crisis support organisations s 17 orig s 17 am A1997-65 s 7; A1998-37 s 18 om A2001-90 amdt 1.43 (prev s 33) ins A1992-34 s 4 am A2001-44 amdt 1.1172, amdt 1.1173 renum R7 LA (see A2001-90 amdt 1.58) am A2007-39 amdt 3.32 Application for extension of order s 17A ins A1997-65 s 8 am A2001-44 amdt 1.1165, amdt 1.1166 om A2001-90 amdt 1.43 Court action on extension request s 17B ins A1997-65 s 8 am A2001-44 amdt 1.1167 om A2001-90 amdt 1.43 Application for cancellation of extended order s 17C ins A1997-65 s 8 om A2001-90 amdt 1.43 Disclosure of information to an approved crisis support organisation s 18 orig s 18 am A1991-44 sch 1; A1996-3 s 8 om A1998-37 s 19 (prev s 34) ins A1992-34 s 4 renum R7 LA (see A2001-90 amdt 1.58) am A2016-42 amdt 3.57 Regulation-making power s 19 am A1990-36 s 4; A1991-9 sch; A1991-44 sch 1; A1996-74 sch 3; A2001-44 amdts 1.1168-1.1170 om A2001-90 amdt 1.43 ins A2023-57 s 19 Practice directions s 19A ins A1998-37 s 20 om A2001-90 amdt 1.43 Limitation on powers of Registrar s 19B ins A1998-37 s 20 om A2001-90 amdt 1.43 Application not invalid only because made under wrong Act s 19C ins A1998-37 s 20 om A2001-90 amdt 1.43

Endnotes 4 Amendment history page 42 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Offence s 19D ins A1998-37 s 20 am A1998-68 s 5 om A2001-90 amdt 1.43 Recovery of certain expenses s 19E ins A1998-37 s 20 om A2001-90 amdt 1.43 Emergency protection orders s 19F ins A1998-68 s 6 om A2001-90 amdt 1.43 Recording of reasons when no emergency protection order is applied for s 19G ins A1998-68 s 6 om A2001-90 amdt 1.43 Duration of emergency protection orders s 19H ins A1998-68 s 6 om A2001-90 amdt 1.43 Procedure for obtaining an emergency protection order s 19I ins A1998-68 s 6 am A2001-44 amdt 1.1171 om A2001-90 amdt 1.43 Detention of person against whom an order is sought s 19J ins A1998-68 s 6 om A2001-90 amdt 1.43 Serving an emergency protection order s 19K ins A1998-68 s 6 om A2001-90 amdt 1.43 Revoking or varying an emergency protection order s 19L ins A1998-68 s 6 om A2001-90 amdt 1.43 Effect of orders on licences for firearms s 19M ins A1998-68 s 6 om A2001-90 amdt 1.43 Authorisation of judicial officers s 19N ins A1998-68 s 6 om A2001-90 amdt 1.43 Interpretation s 20 sub A1990-30 s 11 om A1992-9 sch ins A1997-37 s 4 om A2001-90 amdt 1.44

Endnotes Amendment history 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Establishment s 21 renum as s 4 Objective and functions s 22 renum as s 5 Membership s 23 renum as s 6 Terms of appointment s 24 renum as s 7 Resignation s 25 om A1992-9 sch ins A1997-37 s 4 om A2001-90 amdt 1.48 Termination of appointment s 25A renum as s 8 Meetings of Council s 26 renum as s 9 Procedure at meetings s 26A renum as s 10 Office of Domestic Violence Project Coordinator pt 3A hdg renum as pt 3 hdg Interpretation s 26B ins A1997-37 s 4 om A2001-90 amdt 1.49 Appointment s 26C renum as s 11 Functions s 26D renum as s 12 Powers s 26E ins A1997-37 s 4 om A2001-90 amdt 1.50 Terms of office s 26F renum as s 13 Resignation s 26G ins A1997-37 s 4 om A2001-90 amdt 1.53 Termination of appointment s 26H renum as s 14

Endnotes 4 Amendment history page 44 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Acting coordinator s 26I renum as s 15 Legal immunity s 26J renum as s 16 Offence s 27 am A1992-37 s 6; A1994-81 sch; A1996-37 s 4 om A1998-37 s 21 Service other than personal service s 28 om A2001-90 amdt 1.55 Service of documents by police s 29 am A1991-44 sch 1 om A2001-90 amdt 1.55 Restriction on publication of reports of proceedings s 30 am Ord1989-38 sch 1; A1994-81 sch; A1998-37 s 22 om A2001-90 amdt 1.55 Limits of restriction on publication s 30A ins A1990-30 s 12 sub A1996-3 s 9; A1998-37 s 23 om A2001-90 amdt 1.55 Appeals s 31 am A1995-46 sch; A1998-37 sch om A2001-90 amdt 1.55 Application of Crimes Act 1900 etc s 32 om A2001-90 amdt 1.55 Approval of crisis support organisations s 33 renum as s 17 Disclosure of information to an approved crisis support organisation s 34 renum as s 18 Approved forms s 35 ins A2001-44 amdt 1.1174 om A2001-90 amdt 1.56 Dictionary dict ins A2001-90 amdt 1.57 am A2007-39 amdt 3.33; A2010-30 amdt 1.26; A2021-21 s 5 def advisory committee ins A2021-21 s 6 def appointed member ins A2001-90 amdt 1.57 sub A2007-22 amdt 1.29 om A2022-11 s 6 def approved crisis support organisation ins A2001-90 amdt 1.57

Endnotes Amendment history 4 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def child ins A2001-90 amdt 1.57 def coordinator ins A2001-90 amdt 1.57 sub A2016-1 amdt 1.2 om A2022-11 s 7 def council ins A2001-90 amdt 1.57 def DFVR coordinator ins A2021-21 s 6 def domestic or family violence incident ins A2021-21 s 6 def domestic violence ins A2001-90 amdt 1.57 sub A2005-13 amdt 1.31 am A2008-46 amdt 3.19 om A2016-42 amdt 3.58 def domestic violence offence ins A2001-90 amdt 1.57 sub A2005-13 amdt 1.32 am A2008-46 amdt 3.20 om A2016-42 amdt 3.58 def family violence ins A2016-42 amdt 3.59 def family violence offence ins A2016-42 amdt 3.59 def independent adviser ins A2021-21 s 6 def member ins A2001-90 amdt 1.57 sub A2007-22 amdt 1.30 def register ins A2021-21 s 6 def serious harm ins A2021-21 s 6 Domestic violence offences under the Crimes Act 1900 sch 1A ins A1997-24 s 6 am A1998-37 s 24 om A2001-90 amdt 1.57 Drugs sch 1 om A2001-90 amdt 1.57 Forms sch 2 am A1991-44 sch; A1992-37 s 7; A1998-37 s 25 om A2001-44 amdt 1.1175

Endnotes 5 Earlier republications page 46 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 R1 3 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 R2 31 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 R2A 6 Feb 2008 28 Nov 1992– 30 May 1994 A1992-37 amendments by A1992-9 R2B 6 Feb 2008 31 May 1994– 28 Nov 1994 A1994-26 amendments by A1994-26 R3 31 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 R3A 6 Feb 2008 18 Dec 1995– 10 June 1996 A1995-46 amendments by A1995-46 R4 30 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

Endnotes Earlier republications 5 R18 18/09/24 Domestic Violence Agencies Act 1986 Effective: 18/09/24 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R4A 6 Feb 2008 17 May 1997– 29 May 1997 A1996-74 amendments by A1996-74 R4B 6 Feb 2008 30 May 1997– 16 Oct 1997 A1997-24 amendments by A1997-24 R4C 6 Feb 2008 17 Oct 1997– 31 Oct 1997 A1997-65 amendments by A1997-37 R4D 6 Feb 2008 1 Nov 1997– 31 May 1998 A1997-65 amendments by A1997-65 R5 1 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 R6 31 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 R6A 6 Feb 2008 10 May 2000– 11 Sept 2001 A1999-79 amendments by A1999-64 and A1999-79 R6B 6 Feb 2008 12 Sept 2001– 26 Mar 2002 A2001-44 amendments by A2001-44 R7 27 Mar 2002 27 Mar 2002– 24 Mar 2005 A2001-90 renaming and other amendments by A2001-90 R8 25 Mar 2005 25 Mar 2005– 5 Sept 2007 A2005-13 amendments by A2005-13 R9 6 Sept 2007 6 Sept 2007– 26 Dec 2007 A2007-22 amendments by A2007-22 R10 27 Dec 2007 27 Dec 2007– 29 Mar 2009 A2007-39 amendments by A2007-39 R11 30 Mar 2009 30 Mar 2009– 27 Sept 2010 A2008-46 amendments by A2008-46

Endnotes 6 Renumbered provisions page 48 Domestic Violence Agencies Act 1986 Effective: 18/09/24 R18 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 28 Sept 2010 28 Sept 2010– 31 Mar 2016 A2010-30 amendments by A2010-30 R13 1 Apr 2016 1 Apr 2016– 30 Apr 2017 A2016-1 amendments by A2016-1 R14 1 May 2017 1 May 2017– 21 Sept 2021 A2017-10 amendments by A2016-42 (as amended by A2017-10) R15 22 Sept 2021 21 Sept 2021– 16 Dec 2022 A2021-21 amendments by A2021-21 R16 17 Dec 2022 17 Dec 2022– 11 Dec 2023 A2022-11 amendments by A2022-11 R17 12 Dec 2023 12 Dec 2023– 17 Sept 2024 A2023-57 amendments by A2023-57 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. © Australian Capital Territory 2024

The Act uses several definitional and conceptual pivots that determine scope and operation.

Domestic or family violence incident (s 16C). The statutory definition for Part 3A narrows the review remit to incidents that result in death or “serious harm” (the latter term cross‑refers to the Criminal Code dictionary; s 16B) and that occur in circumstances involving family violence. An incident is captured even if it takes place outside the ACT provided the person involved lived in the ACT at the time (s 16C(1)(b)(ii)). Section 16C(2) then sets out multiple factual scenarios in which an incident will be treated as “in circumstances involving family violence”: where the harmed person was or had been in a relevant relationship with the perpetrator involving family violence (s 16C(2)(a)(i)); where the harmed person was in a relevant relationship with someone who had been in a relevant relationship with the perpetrator (s 16C(2)(a)(ii)); where the perpetrator’s mistaken belief about relationships is dispositive (s 16C(2)(a)(iii)); where the harmed person was a witness, present at, or attempted to intervene in incidents of family violence (s 16C(2)(a)(iv)-(v)); where the incident results in death by suicide and the person was in a relevant relationship involving family violence (s 16C(2)(b)); where the person seriously harms themself in circumstances of prior relevant relationships involving family violence (s 16C(2)(c)); or where family violence was a contributing factor (s 16C(2)(d)). “Relevant relationship” is defined by reference to family membership under the Family Violence Act 2016, s 9 (s 16C(3)), and the Part adopts the Family Violence Act 2016 definition of “family violence” by signpost in the dictionary (s 2 note and dict).

DFVR coordinator and independence (ss 16D-16F). The DFVR coordinator is a Ministerial appointment of a public servant who must have suitable qualifications and experience (s 16D). The coordinator has a wide listing of functions (s 16E) from register maintenance through analysis, research and making recommendations to monitoring implementation and reporting to the Minister. Importantly, s 16F expressly provides that the coordinator is not subject to the direction of the director‑general in exercising the coordinator’s functions, a statutory independence provision for operational exercise of functions.

Register and content (ss 16K-16L). The coordinator “may” keep a register and may include suspected incidents and incidents from before the Part’s commencement (s 16K). The content list in s 16L is expansive and expressly contemplates personal identifying information, personal circumstances, health information relevant to family violence, criminal history, history of family violence, interaction with community-based services, demographic data, and any other information the coordinator considers relevant. The register can be kept in any form, including electronic, and across one or more registers or parts (s 16K(3)).

Access, admissibility and protection (ss 16M-16N, 16U). Access to the register is limited to delegates and persons authorised in writing by the coordinator for the exercise of a Part 3A function (s 16M(1)). The coordinator must notify persons with access of their obligations (s 16M(2)). Section 16N makes records or oral statements to the coordinator, and documents prepared for the coordinator, inadmissible as evidence in court proceedings, subject to s 16R (Coroner’s Court sharing). Section 16U creates criminal offences for reckless use or disclosure of “protected information” obtained under the Act, with exceptions (s 16U(3)) for uses authorised by the Act, disclosure to the chief police officer about a possible offence, exercise of a function under the Act, court proceedings, or with the protected person’s consent.

Information-gathering and sharing powers (ss 16O-16S, 16Q-16R). The coordinator may ask relevant entities for information in writing and relevant entities must comply within a reasonable time not exceeding 15 working days unless they have a reasonable excuse (s 16O(1), (3)-(4)). Relevant entities are listed (s 16O(5)) and include the chief police officer, a director-general, community-based services and entities prescribed by regulation. The coordinator may issue written notices requiring information or documents where the coordinator believes on reasonable grounds the person can give the information (s 16P). Notices cannot be given to family members of the harmed person (s 16P(3)(a)) and cannot compel information about serious‑harm incidents without the harmed person’s consent (s 16P(3)(b)). Non-compliance with a requirement under s 16P is a criminal offence with a maximum penalty of 50 penalty units (s 16P(5)), and the provision is subject to the Legislation Act provisions on self-incrimination and legal professional privilege (notes to s 16P).

Reporting duties (ss 16V-16W). The DFVR coordinator must produce a biennial report about registered incidents during the reporting period (s 16V). The report must include the number of registered incidents and incidence of interactions between people involved and police, courts or community-based services (s 16V(2)). The coordinator may include demographic information, patterns and trends, recommendations for implementation by Territory and non-government bodies, and information about implementation of prior recommendations (s 16V(3)). The report must avoid identifying individuals (s 16V(4)). Timing obligations require the coordinator to give the Minister the report within four months after the end of the review period, and the Minister must present it to the Legislative Assembly within six sitting days (s 16V(5)-(6)). The coordinator may also produce other reports at any time (s 16W) subject to similar non‑identifying constraints and ministerial presentation timing.

Cross‑jurisdictional sharing and coronial interface (ss 16Q, 16R). The coordinator may enter into information‑sharing agreements with corresponding interstate entities or States to contribute to national research, provided the agreement protects information to the same extent as under this Part and any other Territory law (s 16Q(1)-(3)). The coordinator may give information to the Coroner’s Court if satisfied doing so would assist an inquest into a relevant death (s 16R).

Liability and accountability (ss 16X, 16Y). The coordinator and persons acting under direction are not civilly liable for conduct engaged in honestly and without recklessness in exercise of a function under the Act (s 16X(1)). Any liability that would attach to those persons instead attaches to the Territory (s 16X(2)). The Minister must review the operation of Part 3A after 31 March 2026 and present a report of the review to the Legislative Assembly within three months of starting the review; s 16Y itself has an expiry provision (s 16Y(3), as amended , see endnote 4).

Other concepts. Approvals of crisis support organisations require the Minister’s approval and are disallowable instruments (s 17). Police/Australian Federal Police staff may disclose to approved crisis support organisations information likely to aid assistance where they suspect on reasonable grounds a family violence offence (s 18). The Executive may make regulations (s 19). The Act’s dictionary imports key definitions from the Family Violence Act 2016 and Legislation Act 2001, anchoring family violence and related concepts to those instruments (s 2, dictionary).

Collectively, the main operational concepts are (1) a focused incident register and analytic function targeted at deaths and serious harm connected to family violence, (2) statutory collection and compulsion powers with consent and family‑member exceptions, (3) strict access controls and criminal prohibitions on reckless disclosure, (4) reporting obligations to the Minister and Legislative Assembly, and (5) statutory independence from director‑general control for the DFVR coordinator.

The Act allocates roles and obligations across distinct groups. Identify who pays, who decides, and who changes behaviour.

Who decides

The Minister: appoints the DFVR coordinator (s 16D), appoints council members (s 7), may approve crisis support organisations (s 17), and must present the DFVR coordinator’s reports to the Legislative Assembly (ss 16V(6), 16W(3)).
The DFVR coordinator: exercises the core operational decision-making about the register, data requests, notices, advisory committees, independent advisers, interstate agreements and report content (ss 16E, 16K-16Q, 16V-16W). The coordinator is independent from direction by the director‑general for these functions (s 16F).
The chief police officer, director‑generals, and other relevant entities: decide how quickly and how to comply with written requests and how to craft information‑sharing guidelines (s 16O, s 16T).

Who pays and bears costs

The Territory bears civil liability for actions of the coordinator or persons acting under the coordinator’s direction that would otherwise expose those individuals to civil suits (s 16X(2)). This shifts financial risk from individuals to the Territory.
Relevant entities (police, administrative units, community-based services and other prescribed entities) bear compliance costs when the DFVR coordinator asks for or requires information (ss 16O-16P). Compliance includes staff time to locate and provide information within the statutory timeframe (s 16O(3)) and to participate in any consultations to prepare information‑sharing guidelines (s 16T(2)).
Community-based organisations that are part of the council membership (s 6(c), s 7(a)) and approved crisis support organisations (s 17) may incur administrative costs associated with engagement and possible handling of disclosures under s 18.

Who changes behaviour

Community-based services: they are a class of “relevant entity” (s 16O(5)(c)) and therefore may be asked or required to disclose records, which shifts how they manage client records, consent practices, and legal privilege considerations (s 16P notes).
Police and courts: police are both providers of information under Part 3A and users of the DFVR coordinator’s outputs. The Act expressly allows the DFVR coordinator to share with the Coroner’s Court (s 16R) but excludes register records from admissibility in court (s 16N).
Health services, NGOs, and other service providers: the register explicitly contemplates health information relevant to family violence (s 16L(1)(a)(iii)). Custodians of such sensitive records must implement access controls and consider criminal offences for reckless disclosure (s 16U).
Individuals who are harmed or affected by incidents: the coordinator must not ask for information about serious harm incidents without the consent of the harmed person (s 16O(2)), and notices cannot be served on family members of harmed or deceased persons (s 16P(3)(a)). These procedural limits change how and from whom information can be obtained.

Which private entities are affected

Community-based organisations and NGOs (s 6(c), s 7(a), s 16O(5)(c)) because they are expected to interact with the coordinator and may be required to supply data. They will need policies for handling written requests, consent, and the limited circumstances where data can be shared.
Approved crisis support organisations (s 17) , their approval status matters because police/Australian Federal Police staff may disclose information to them under s 18, changing the flow of real‑time operational information relevant to service delivery.

Regulatory and compliance entities

The DFVR coordinator, in exercising information-sharing arrangements with interstate bodies (s 16Q), affects State bodies and national research institutions that engage in corresponding functions.

Indirect effects on market participants and private choice

The Act does not directly regulate markets or set pricing. However, it affects the administrative burden on community-based organisations and health and legal services (s 16L, s 16O, s 16P). Those administrative compliance costs may affect resource allocation inside NGOs and service providers, potentially reducing capacity available for other services unless resourced. The Act also creates incentives for providers to tighten data controls and consent procedures (s 16M, s 16U).

Decision-making concentration and representation

The Act names particular statutory office-holders as automatic council members (s 6(a)-(f)). The Minister’s appointment power (s 7) to add community‑organisation chief executives and persons representing Aboriginal and Torres Strait Islander communities and culturally and linguistically diverse backgrounds concentrates appointment authority in the Minister, while also mandating certain representational types. The specific mechanism for representation is the Ministerial appointment power in s 7.

In short, the Act affects government actors (Minister, DFVR coordinator, director‑generals, police), service providers in the community and health sectors, approved crisis support organisations, and individuals who are harmed or at risk. It imposes information‑handling and response obligations on relevant entities, creates criminal penalties for reckless disclosures, and reallocates civil liability for coordinator conduct to the Territory.

This section extracts the statutory duties, rights and procedural protections the Act creates for the main players.

DFVR coordinator: duties and rights

Appointment duty/process: the Minister must appoint a public servant with suitable qualifications (s 16D). This is a positive appointment duty on the Minister.
Functional duties: the coordinator must keep a register (s 16E(a)), collect information (s 16E(b)), identify patterns and trends and undertake research (ss 16E(c)-(d)), make recommendations (s 16E(f)), monitor implementation (s 16E(h)), contribute to national research (s 16E(g)), report to the Minister (s 16E(i)), and perform other functions under this Act or another Territory law (s 16E(j)).
Right to independence: s 16F expressly grants the coordinator operational independence from the director‑general in exercising these functions.
Delegation right: the coordinator may delegate functions to another public servant (s 16G).
Right to establish committees and advisers: the coordinator may establish advisory committees (s 16H) and appoint independent advisers (s 16I) to assist with the functions.

Relevant entities (police, director‑generals, community-based services, prescribed entities): duties

Compliance with written requests: relevant entities must comply with written requests for information considered reasonably necessary by the coordinator, within a reasonable time not exceeding 15 working days (s 16O(1), (3)-(4)).
Obligation to follow information‑sharing guidelines: relevant entities may make their own information‑sharing guidelines (s 16T), but must consult the DFVR coordinator before doing so (s 16T(2)(a)); such guidelines are notifiable instruments (s 16T(3)).
Duty not to use or disclose protected information recklessly: s 16U(1)-(2) makes reckless use or disclosure a criminal offence.

Persons required to produce documents or information by notice (s 16P): duties and limits

The coordinator may require information by written notice where there are reasonable grounds (s 16P(1)-(2)).
Notices must include how and when to comply (s 16P(4)).
Notices cannot be given to family members of a person who has died or is seriously harmed in a domestic or family violence incident (s 16P(3)(a)).
Notices cannot be issued in relation to incidents resulting in serious harm without the consent of the harmed person (s 16P(3)(b)).
Offence for non‑compliance: failing to comply with a valid requirement is an offence with a maximum penalty of 50 penalty units (s 16P(5)). The notes to s 16P indicate that self‑incrimination and client legal privilege may be engaged and that the Legislation Act ss 170-171 apply.

Information holders: duties and protections

Access limitations: the coordinator must ensure the register is accessed only by delegates or persons authorised in writing and personal information is disclosed only for authorised purposes (s 16M(1)).
Notification obligation: the coordinator must notify each person with access of their obligations to deal with register information under this Act or other Territory or Commonwealth law (s 16M(2)).
Criminal liability: an information holder commits an offence if they use or disclose protected information about another person recklessly (s 16U), but exceptions apply where the use or disclosure is under the Act, to the chief police officer about a possible offence, in relation to a function under the Act, in a court proceeding, or with the protected person’s consent (s 16U(3)).

Persons involved in incidents: procedural protections and limits

Consent requirement: the coordinator must not ask for information in relation to incidents resulting in serious harm without the consent of the harmed person (s 16O(2)).
Non‑compellability of family members: notices cannot be served on family members of deceased or seriously harmed persons (s 16P(3)(a)).
Privacy and non‑identification in reporting: the coordinator is prohibited from including in reports information that would disclose identities or permit identities to be easily worked out (ss 16V(4), 16W(2)).

Council members and advisory participants: duties

The council advises the Minister and facilitates exchanges (s 5).
Advisory committee members and independent advisers must take all reasonable steps to avoid conflicts of interest when advising the coordinator (s 16J).

Police and approved crisis support organisations: duties and permissive powers

Police and AFP staff may disclose to an approved crisis support organisation information likely to aid assistance where they suspect on reasonable grounds a family violence offence has been, is being, or is likely to be committed (s 18). This is a permissive disclosure power, not an obligation.

Admissibility and evidential rights

Records and materials prepared for or by the DFVR coordinator are not admissible as evidence in court proceedings (s 16N(1)), subject to s 16R for coronial inquests. This creates a statutory evidentiary exclusion that privileges the review and research function over use in court proceedings.

Liability allocation

Civil liability protection for coordinator and persons acting under direction, subject to honesty and absence of recklessness; liability instead attaches to the Territory (s 16X). This reallocates legal risk for actions taken honestly and without recklessness in the exercise of the Act’s functions.

Regulatory rights and obligations

The Minister and the Executive retain regulatory powers: the Minister presents reports to the Assembly, approves crisis support organisations (s 17), and the Executive may make regulations (s 19). Information‑sharing guidelines by relevant entities are notifiable instruments (s 16T(3)) and approvals are disallowable instruments (s 17(2)), giving the Legislative Assembly a disallowance oversight mechanism.

Penalties and criminal liabilities are discussed separately in the next section, but the duties above are enforceable by criminal sanction in some cases (s 16P(5) for failure to comply with a notice; s 16U for reckless use/disclosure).

In sum, the Act sets interlocking duties (coordinator to collect, analyse, report; entities to supply and safeguard information; coordinator to protect identities in reporting), confers rights (coordinator’s independence, delegation, ability to enter interstate agreements, and the council’s advisory remit), and provides protections (non‑admissibility of register records and statutory immunity for honest, non‑reckless conduct).

The Act establishes a mix of administrative compulsion powers, criminal offences for specified failures and misuse, and civil-liability reallocation. Below are the specific enforcement levers and the associated penalties the Act creates.

Compulsion and timeframes

Written requests (s 16O): the DFVR coordinator may ask relevant entities to give information the coordinator considers reasonably necessary, and the relevant entity must comply within a reasonable time, being not more than 15 working days after receipt of the request (s 16O(1), (3)). Non‑compliance may be excused by a “reasonable excuse” (s 16O(4)); the Act does not prescribe enforcement for ignoring an informal request, but the coordinator may escalate to a formal requirement under s 16P.
Written notices requiring information or documents (s 16P): if the coordinator believes on reasonable grounds a person can give information or produce a document or other thing necessary to exercise coordinator functions, the coordinator may give a written notice requiring production (s 16P(1)-(2)). The notice must state how and within what time the person must comply (s 16P(4)).

Criminal offences and penalties

Failure to comply with a notice under s 16P(5): a person who is required by a notice to give information or produce a document or other thing and fails to do so commits an offence with a maximum penalty of 50 penalty units. The Act’s front matter specifies the value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation (preliminary notes). That means the monetary maximum for an individual failing to comply is $8,000 (50 x $160) and for a corporation $40,500 (50 x $810), subject to the current penalty unit value at the time of enforcement.
Reckless use or disclosure of protected information (s 16U): two separate offences cover (1) using protected information about someone else while reckless about whether it is protected information (s 16U(1)), and (2) doing an act that discloses protected information about someone else while reckless about whether it is protected and reckless about whether doing the act would disclose it (s 16U(2)). Each carries a maximum penalty of 50 penalty units, imprisonment for six months, or both. Again, translate the penalty unit values in effect at enforcement time.
False information: the Act notes that giving false information is an offence under the Criminal Code, s 338 (note to s 16P). The Legislation Act provisions on self-incrimination and legal professional privilege may apply to compelled testimony or production (notes to s 16P).

Admissibility constraints as an enforcement shield

Exclusion from admissibility (s 16N): certain records and statements connected to the register or the coordinator’s functions are not admissible as evidence in court. Specifically, records of information on the register, oral statements made to the coordinator, documents given to the coordinator prepared only for the coordinator, and documents prepared by a person exercising a function of the coordinator are not admissible (s 16N(1)). This limits the use of material collected under Part 3A in prosecutorial or civil proceedings, and therefore shapes the practical enforcement value of that material.

Coronial exception

Sharing with Coroner (s 16R): s 16R overrides s 16N to the extent the coordinator is satisfied that giving register information would assist the Coroner’s Court in an inquest concerning a death relating to a domestic or family violence incident. The Coroner’s Court may use the information in relation to the inquest (s 16R(3)).

Administrative oversight and parliamentary accountability

Reporting: the DFVR coordinator must provide a biennial report to the Minister within specified timeframes (s 16V(5)), and the Minister must present it to the Legislative Assembly within six sitting days (s 16V(6)). For other reports the coordinator prepares, the same ministerial presentation timing applies (s 16W(3)). The Minister must also provide information to the coordinator within three months about actions taken in response to reports (ss 16V(7), 16W(4)). These obligations create political and parliamentary accountability channels rather than criminal enforcement.

Civil liability allocation and indemnity

Civil immunity for coordinator and delegates (s 16X): the coordinator and persons acting under the coordinator’s direction are not civilly liable for conduct engaged in honestly and without recklessness in the exercise of their functions. Anything that would have been civil liability for those persons attaches to the Territory instead (s 16X(2)). This shifts the civil enforcement exposure from individuals to the Territory and may affect litigation strategies against coordinator actions.

Regulatory instruments and oversight

Information-sharing guidelines are notifiable instruments (s 16T(3)); approvals of crisis support organisations are disallowable instruments (s 17(2)). Both instrument classes create parliamentary oversight possibilities: notifiable instruments attract public notification requirements and disallowable instruments may be disallowed by the Legislative Assembly.

Limits on enforcement against protected groups

Notices cannot be issued to family members of deceased or seriously harmed persons, and serious-harm incident information requires the harmed person’s consent before the coordinator can ask for it (s 16P(3), s 16O(2)). These statutory limits constrain the coordinator’s enforcement reach in sensitive circumstances.

In short, the Act combines administrative compulsion with statutory criminal penalties for non-compliance and reckless misuse of protected data, plus non‑admissibility protections and civil‑liability reallocation. The enforcement design emphasises collection, analysis and recommendations for system reform over evidence gathering for prosecution, while creating criminal sanctions to deter misuse of sensitive information.

The Act expressly ties itself to other Territory and Commonwealth statutes and leaves certain interactions to external frameworks. Where the Act cross‑references other laws it does so to delimit definitions, to preserve privilege contexts and to require adherence to other statutory requirements. Key interactions:

Family Violence Act 2016

The Act relies directly on the Family Violence Act 2016 for the definition of “family violence” (dictionary; s 2 note). It also references the Family Violence Act 2016 for “family member” via signpost in s 16C(3). Therefore the Act’s substantive coverage of what constitutes family violence and who counts as a family member is governed by the Family Violence Act’s definitions.

Legislation Act 2001

The dictionary and preliminary notes confirm that definitions in the Legislation Act apply to the Act (s 2, dictionary, and preliminary notes). Appointment and delegation provisions are subject to the Legislation Act (s 16D note, s 16G note). The notes to s 16P specifically point to Legislation Act ss 170-171 on the privilege against self‑incrimination and client legal privilege, signalling that those protections will shape how compulsory notices operate in practice.

Criminal Code

The Act uses “serious harm” as defined in the Criminal Code (s 16B). The Criminal Code also provides offences relevant outside this Act (note to s 16P that giving false information is an offence under the Criminal Code, s 338). The use of the Criminal Code’s “serious harm” anchors the Part 3A trigger to the Commonwealth criminal definitions in force for the ACT.

Coroner’s Court and coronial law

Section 16R allows the DFVR coordinator to share register information with the Coroner’s Court when it would assist an inquest. The Act does not displace coronial powers but provides a statutory pathway for sharing protected material with the Coroner, which interacts with the Coroners Act and coronial practice in the ACT.

Privacy, health and other information laws

The Act contemplates the collection of health information (s 16L(1)(a)(iii)) and other sensitive personal data. Although the Act does not replicate or restate the Information Privacy Act or Commonwealth privacy laws, s 16M(2) requires the coordinator to notify persons with access of their obligations under this Act or another Territory or Commonwealth law. That cross-reference indicates the coordinator and information holders continue to be subject to existing privacy and health information statutes and professional confidentiality rules; the Act supplements rather than supplants those obligations.

Court procedure and admissibility

Section 16N creates an exclusionary rule for register records and coordinator-related documents and statements from being admissible as evidence in court. This statutory rule interacts with rules of evidence and procedural law applicable in ACT courts, subject to coronial exception in s 16R. The Act’s exclusion may generate interaction points with discovery, subpoena processes and privileges.

Interstate information sharing and Commonwealth-State schemes

Section 16Q expressly permits agreements with State entities exercising corresponding functions for information sharing and contributing to national research or review. Those agreements must ensure information is protected to the extent protected under Part 3A and any other Territory law (s 16Q(3)). The practical effect is that Part 3A’s protections travel with information under such agreements, but actual operational details will depend on the corresponding State’s legal safeguards and the agreement’s terms.

Other ACT Acts and instruments

The DFVR coordinator’s reports must be presented to the Legislative Assembly (s 16V(6)), connecting the Act to parliamentary procedures. Approvals under s 17 are disallowable instruments and information‑sharing guidelines are notifiable instruments (s 16T(3), s 17(2)), engaging the administrative law framework of the Legislation Act for instrument procedure, notification and disallowance.

Liability and indemnity interplay

Section 16X redirects civil liability that would otherwise attach to the coordinator or delegated staff to the Territory. This interacts with general tort law and the Territory’s insurance or indemnity arrangements. It does not affect criminal liability: s 16X is expressly civil in scope and limited to honest, non‑reckless conduct. Reckless acts remain subject to criminal sanctions under s 16U.

Practical points of friction or interface

Compulsion vs privilege: the notes to s 16P flag the interface with privilege against self-incrimination and client legal privilege under the Legislation Act. Compulsion powers must be exercised with regard to those protections, which may limit what the coordinator can compel or require and shape procedural steps (for example, the need to use public interest immunity processes or to grant use immunity).
Use vs evidentiary exclusion: the Act separates the use of information for research and policy development from its use in prosecution by excluding register material from admissibility (s 16N). Where prosecution requires original operational records, police and prosecutorial bodies may need to rely on separate records collected outside the register or obtain material through other lawful investigative means.

In summary, the Act is designed to work alongside and within existing privacy, privilege, coronial, criminal and administrative law frameworks, and expressly cross‑references those frameworks in ways that shape the reach and limits of its compulsion, reporting and information‑sharing powers.

The Act has undergone many amendments since its original promulgation as an Ordinance in 1986. The Endnotes and Amendment History in the republished Act contain a full chronology; below are the changes relevant to the current structure and the most recent reforms reflected in the republished text.

Background and renumbering

The Domestic Violence Agencies Act 1986 began as the Domestic Violence Ordinance 1986, notified 4 September 1986 and commenced 1 October 1986 (endnote 3). It became an ACT Act on self‑government and has been regularly amended; the Act was renumbered under the Legislation Act 2001 (see renumbering references in endnote 4).

Major structural changes and recent insertions

Part 3A (Domestic and family violence incident review), which contains ss 16A-16Y establishing the DFVR coordinator, register and supporting machinery, was inserted by the Domestic Violence Agencies Amendment Act 2021 (A2021-21). The amendment is recorded in the Amendment History (endnote 4): Part 3A was inserted by A2021-21 s 4. The legislative history (endnote 3) shows that A2021-21 was notified 21 September 2021 and remainder commenced 22 September 2021, creating the current review framework.

Subsequent amendments and complementary changes

The Domestic Violence Agencies Amendment Act 2022 (A2022-11) further amended the Act. The legislation history (endnote 3) records A2022-11 notified 17 June 2022, with remainder commenced 17 December 2022. Those amendments updated composition and procedural elements in Parts 1 and 2 (the council membership and procedural provisions) referenced elsewhere in the amendment history (endnote 4).
The Justice and Community Safety Legislation Amendment Act 2023 (No 3) (A2023-57) contained further amendments (endnote 3), with pt 7 commenced 12 December 2023 (endnote 3).
The Domestic Violence Agencies (Information Sharing) Amendment Act 2024 (A2024-17) was notified 24 May 2024 and is noted in the legislation history (endnote 3) as awaiting commencement for some parts. Its title indicates it relates to information sharing, and it is recorded in the chronology.
The most recent amendment recorded in the republished law is the Justice and Community Safety Legislation Amendment Act 2024 (A2024-49), part 7, which the amendment history records as notified 17 September 2024 and part 7 commenced 18 September 2024 (endnote 3). A2024-49 amended s 16Y (see endnote 4), with s 16Y(3) providing that the review requirement expires on 31 March 2027; the amendment is annotated in the Amendment History as A2024-49 s 15, s 16.

Specific insertions and changes of note

Part 3A technical details were inserted by A2021-21; the Amendment History enumerates the specific provisions added (s 16A purpose, s 16B definitions, s 16C meaning of incident, and the entire structure of Divisions 3A.2-3A.7) and references the Act that inserted these (A2021-21 s 4). These modern additions altered the Act’s focus substantially towards establishing a statutory review function and incident register.
Section 16Y (Review of part) was inserted by A2021-21 and later amended by A2024-49 to set timing and an expiry for the review requirement (endnote 4).
The Amendment History (endnote 4) details many historical amendments to the council, coordinator posts and the earlier Office of Domestic Violence Project Coordinator provisions, illustrating an evolutionary path from an earlier coordinator model to the 2021 statutory DFVR coordinator model.

Instrument classifications and oversight changes

The Act makes several instruments subject to parliamentary oversight: approvals of crisis support organisations are disallowable instruments (s 17(2)), and information‑sharing guidelines are notifiable instruments (s 16T(3)). These instrument classifications are the product of amendments over time and are recorded in the Amendment History.

Endnote and republication records

The endnotes include an extensive legislation history and table of republications (endnotes 3-5). For legal research or compliance checks it is important to consult the endnotes and the ACT legislation register for the exact commencement dates of particular amendments and for any uncommenced provisions.

Practical consequence of amendment history

The Act’s modern architecture, particularly Part 3A, is an outcome of a sustained legislative reform process culminating in the 2021 insertion and subsequent 2022-2024 amendments. The insertion of a statutory register, compulsion powers with guardrails, criminal offences for misuse of protected information, and independent reporting requirements reflect the recent policy focus on structured review and evidence-based recommendations while embedding procedural safeguards. Specific timing and temporary review obligations (s 16Y as amended) indicate ongoing legislative scrutiny.

For practitioners and compliance officers, the Amendment History provides the authoritative trail of when particular powers and obligations came into force and who has the authority to act under them; consult endnotes 3 and 4 and the ACT legislation register for commencement particulars of any provision whose operational date is material to an ongoing matter.

The text of the Act and the republished law, including endnotes and amendment history, do not record judicial decisions or case law interpreting the Act. The Act itself contains no named cases or statutory references to judicial determinations. The principal sources in the republished material are legislative: the Act as currently in force, the endnotes containing the legislation and amendment history, and the notes referencing other statutes.

What this means in practice

There is no litigation history contained within the Act’s text; practitioners will need to search the ACT and federal case law databases for any cases that have subsequently interpreted Part 3A provisions (for example, challenges to compulsion notices under s 16P, prosecutions for reckless disclosure under s 16U, disputes over admissibility under s 16N, or legal actions touching s 16X immunity). The republished Act does not identify such cases.
Several provisions raise issues that commonly generate judicial consideration in similar regimes: the lawfulness and scope of compulsion notices that intersect with legal professional privilege and the privilege against self‑incrimination (note to s 16P referencing the Legislation Act ss 170-171), the admissibility exclusion in s 16N and its relationship to evidentiary rules, employment law challenges to appointments and termination of public servants under s 16D and s 16X, and interpretation of criminal offences for reckless use or disclosure in s 16U. Those are potential litigation arenas although no decisions are cited in the Act.

Practical research steps for lawyers

Given the absence of litigation references in the Act, researchers should search ACT Courts records, the Federal Court (where constitutional or federal issues arise), and tribunal determinations for disputes involving the DFVR coordinator, access to the register, or prosecutions under s 16U. Also search for opinions about the interaction of s 16N’s evidentiary exclusion with civil discovery and coronial proceedings, bearing in mind the s 16R coronial exception.
Monitor any judicial review challenges to appointment or termination decisions under ss 16D-16G and the council appointment provisions in ss 6-8, because the Ministerial appointment powers and termination grounds (s 8) could generate administrative law litigation.

Interim observation about future litigation risk

The Act contains several operational features likely to create litigation points in the future: compulsion notices (s 16P) that implicate legal professional privilege or self‑incrimination; criminal complaints for reckless disclosure (s 16U) where alleged disclosure intersect privacy, professional confidentiality, or public interest; and disputes over admissibility of register material (s 16N) in proceedings where parallel investigatory records exist. None of these are litigated within the Act’s text; the practical effect is that legal certainty about the boundaries of these powers will develop only as courts consider them.

In sum, the republished Act contains no litigation history. Practitioners must rely on common law and comparative statutory analysis, and should monitor case law repositories for future authoritative judicial interpretation of the Part 3A regime and its interaction with privilege, privacy and evidentiary law.

The Act contains a number of technical features and interaction points that create compliance traps or practical surprises for agencies, community organisations and legal advisers. Below are concrete “gotchas” grounded in the Act’s text.

Register records are not evidence, except to the Coroner (s 16N, s 16R). Material collected and prepared for the DFVR coordinator is expressly inadmissible in court. Practitioners sometimes assume that statutory collection means material will be available to prosecutors; here the legislature has separated research/learning functions from evidentiary use. If a police investigator assumes data on the register will be admissible, they may find that separate operational evidence or different collection methods are required.
Consent and family-member exceptions limit compulsion in serious-harm cases (s 16O(2), s 16P(3)). The DFVR coordinator cannot ask for information in relation to incidents resulting in serious harm without the harmed person’s consent (s 16O(2)), and notices cannot be served on family members of a person who has died or is seriously harmed (s 16P(3)(a)). Those statutory protections reduce reach in the most sensitive cases and require careful consent management by the coordinator and relevant entities.
Compulsion notices attract a criminal penalty if not complied with (s 16P(5)), but privilege and self‑incrimination protections apply (note to s 16P). The coordinator can compel production, but the Legislation Act’s privilege rules apply and a compelled person may have legal rights against self-incrimination or client legal privilege. Organisations receiving a notice should involve legal counsel promptly to assess privilege, confidentiality duties and possible obligations to assert use or derivative-use immunities.
“Protected information” is criminalised if used or disclosed recklessly (s 16U). The offence standard is recklessness, which in practice requires careful governance for all persons with access to the register. The offence carries up to 50 penalty units and six months imprisonment, or both. Information holders need robust policies, staff training and audit trails to avoid reckless acts and to demonstrate non-reckless handling if questioned.
The DFVR coordinator is independent from the director‑general but is a Ministerial appointee (ss 16D, 16F). Legal counsel should note that the coordinator’s operational independence from administrative control (s 16F) does not remove the appointment and political context of the role. Potential disputes about the boundary between policy direction and operational independence could arise.
Liability shifts to the Territory for honest, non‑reckless conduct (s 16X). While the coordinator and delegates have civil immunity for honest, non‑reckless acts, legal claims that would otherwise target them are redirected to the Territory. That protects individuals but may increase claims against government and raise insurance or budgetary considerations for the Territory.
Tight access controls but undefined practical standards for “reasonable time” and “reasonable excuse” (ss 16O(3)-(4)). Relevant entities must comply within a reasonable time, defined as no more than 15 working days, but the statute also permits a “reasonable excuse” for not complying. The Act does not set out examples of “reasonable excuse,” so disputes may arise about information that is difficult to extract, where privacy or privilege applies, or where data sits outside the relevant entity’s systems.
Information-sharing agreements must protect to the same extent as Part 3A and other Territory law (s 16Q(3)). In interstate sharing, the coordinator must ensure equivalent protection. Translating ACT protections into agreements with States that have different regimes requires careful drafting and legal checks to ensure compatibility.
Reporting deadlines and parliamentary presentation timeframes are short (s 16V(5)-(6)). The coordinator must give the biennial report to the Minister within four months after the end of the reporting period, and the Minister must present it within six sitting days. Those deadlines impose calendaring and resourcing demands on the coordinator and the Minister’s office.
Approved crisis support organisation approvals are disallowable instruments (s 17(2)) and police disclosure under s 18 is permissive. Organisations should note that an approval can be disallowed by the Legislative Assembly and that police disclosure under s 18 is discretionary and dependent on reasonable grounds by the officer or AFP staff.
The Act’s definitions and cross‑references matter. “Family violence” and “family member” are defined in the Family Violence Act 2016 and those definitions apply here (dictionary, s 2 note, s 16C(3)). Misunderstanding these definitions can lead to incorrect scope determinations, for example in assessing whether an incident falls within Part 3A.
The review requirement in s 16Y is time‑limited and subject to amendment (see endnote 4). Practitioners should note the statutory requirement to review the part after 31 March 2026 and the expiry provision for s 16Y set in later amendments; consult the endnotes for exact timings and any subsequent changes.
Data custodians must reconcile their obligations under other Territory and Commonwealth laws with Part 3A requirements (s 16M(2)). The coordinator must notify persons with access of their obligations under “this Act or another territory or Commonwealth law” (s 16M(2)). Organisations handling health data, legal records, or child protection information should conduct a mapping of applicable obligations before producing material.
Ad hoc advisory processes and conflict-of-interest duties for advisers (s 16J). Advisory committee members and independent advisers must take reasonable steps to avoid conflicts (s 16J). The Act does not define “reasonable steps,” so organisations supplying advisers should have conflict‑management policies and processes to document compliance.

These “gotchas” are procedural and legal points that can produce practical headaches. They are not value judgments about policy; they are potential operational failure points for agencies, counsel, community‑based services and approved crisis support organisations engaged under the Act.

This section provides a practical compliance checklist and recommended governance steps tied to the Act’s provisions for the DFVR coordinator, relevant entities (especially community‑based services and administrative units), police/Australian Federal Police staff, approved crisis support organisations, advisory committee participants and legal advisers.

For the DFVR coordinator (ss 16D-16G, 16K-16M, 16V-16W, 16X)

Ensure the appointment file demonstrates the Minister’s satisfaction with qualifications and experience as required by s 16D(2). Retain documentation of selection criteria and assessment.
Create and maintain registers in secure formats and with role‑based access controls (s 16K(3), s 16M(1)). The Act permits electronic registers; implement encryption, audit logging and strict access control lists mapping delegates and authorised individuals.
Draft and maintain access‑obligation notices: when granting access, notify users of their statutory obligations under this Act and any connected Territory or Commonwealth laws as required by s 16M(2). Keep signed acknowledgements.
Implement procedures for distinguishing “protected information” and for documenting the legal basis for any disclosures under exceptions in s 16U(3). Maintain consent records where required (s 16O(2), s 16P(3)(b)).
Develop a template for written requests under s 16O and for formal notices under s 16P, ensuring notices state how and within what time the person must comply (s 16P(4)), and include legal privilege and self-incrimination guidance consistent with the Legislation Act provisions.
Establish a policy and audit function to detect and report possible reckless disclosures; criminal sanctions attach under s 16U. Train staff on the recklessness standard and secure handling protocols.
Prepare processes to consult and, where appropriate, to enter into interstate agreements (s 16Q), ensuring contract clauses require counterpart protections equivalent to Part 3A.
Build internal timelines and resourcing to meet reporting obligations: biennial report content (s 16V(2)-(3)) and required timing (s 16V(5)). Track the reporting period (s 16V(8)) and ministerial presentation timeframe (s 16V(6)).
Maintain a conflict-of-interest register for advisory committee members and independent advisers (s 16J). Require disclosures and manage recusal processes.

For relevant entities (chief police officer, director‑generals, community-based services) (s 16O(5), s 16T)

Prepare an internal point-of-contact for DFVR coordinator requests and notices. Ensure the contact understands the 15-working-day outer limit for response to written requests (s 16O(3)).
Develop an internal compliance assessment template to determine whether a “reasonable excuse” exists to delay or refuse compliance with a request (s 16O(4)); document reasons for audit trail.
Before producing documents under s 16P, assess privilege and self‑incrimination issues in accordance with Legislation Act ss 170-171 (note to s 16P). Engage legal counsel promptly to assess whether production would breach client legal privilege or other protected interests.
If the entity intends to make information‑sharing guidelines under s 16T, consult the DFVR coordinator in advance as required by s 16T(2). Treat guidelines as notifiable instruments and arrange internal governance for instrument preparation and publication.
For community-based services that hold client health or sensitive information (s 16L(1)(a)(iii)), implement clear consent processes and retention policies, and prepare redaction protocols for sensitive material where disclosure is permitted or required.
Train relevant staff about the criminal offences for reckless use or disclosure (s 16U) and the civil‑liability reallocation under s 16X where that is relevant to interactions with the coordinator.

For police and AFP staff and approved crisis support organisations (ss 17-18)

For police: create internal guidance on the circumstances in which information under s 18 may be disclosed to approved crisis support organisations: the officer must have reasonable grounds to suspect a family violence offence and believe disclosure will likely aid assistance (s 18). Keep contemporaneous notes documenting the grounds and the nature of the information disclosed.
For organisations seeking approval under s 17 to be an approved crisis support organisation, submit an application to the Minister and be prepared to comply with any oversight and disallowance process; approvals are disallowable instruments (s 17(2)). Ensure operational policies address handling of police disclosures under s 18, client confidentiality and recordkeeping.

For advisory committee members and independent advisers (ss 16H-16J)

Keep conflict-of-interest disclosures current and take “all reasonable steps” to avoid conflicts (s 16J). Document consultation processes and advice provided to the coordinator.

Records management and data protection (ss 16L, 16M, 16U)

Map data flows and ensure registers comply with applicable privacy and health information laws in the Territory and Commonwealth (s 16M(2) requires notification of obligations under other law). Where health information is recorded, ensure compliance with health records legislation and professional obligations.
Implement retention, destruction and redaction policies that allow the coordinator to preserve confidentiality and meet the non‑identification obligations for reporting (s 16V(4), s 16W(2)). Use pseudonymisation techniques for analysis where possible to minimise risk of re‑identification.

Legal and privilege strategies

Designate legal counsel to review any s 16P notice and to advise on privilege assertions and any necessary protective steps (for instance, seek a ruling if necessary). Since s 16P’s note expressly references the Legislation Act provisions on privilege, counsel should be involved early.
Maintain a procedure for asserting legal privilege and recording the legal basis for any refusal to produce material.

Operationalising reporting and tracking recommendations

For recommendations coming out of coordinator research (s 16E(f)), implement a tracking log to monitor implementation and prepare the reports on implementation required by s 16V(3)(b) and s 16W(2)(b).
Coordinate with the Minister’s office to ensure the Minister’s required response information is produced within three months of receiving a report (s 16V(7), s 16W(4)).

Practical checklist for the first 90 days after a notice or request

Immediately acknowledge receipt and identify the internal custodian(s).
Legal triage: assess privilege, self‑incrimination, privacy and any statutory blocks (s 16P(3)(a)-(b)).
Data extraction plan: identify where relevant records are stored, estimate time to compile, and whether redaction or consent process is needed.
Document the lawful basis for any refusal or delay (reasonable excuse) to comply (s 16O(4)).
If producing material, ensure records of chain of custody and staff access logs to mitigate s 16U risks.
If requested to be an approved crisis support organisation, prepare governance documentation to satisfy ministerial approval and to manage potential disallowance (s 17).

Audit, training and insurance

Conduct regular audits of register access logs and staff training on confidentiality and criminal disclosure risks (s 16U).
Ensure the Territory’s indemnity arrangements are understood where relevant staff act honestly and without recklessness (s 16X).

By following these steps organisations and the DFVR coordinator can operationalise compliance with the Act’s compulsion, confidentiality and reporting obligations, while managing privilege, privacy and criminal risk in line with the statutory framework.

Domestic Violence Agencies Act 1986

Plain English Summary

Deep Dive

What it does

Current sections

Domestic Violence Agencies Act 1986

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply