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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).
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contents 1
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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
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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
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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
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Australian Capital Territory
Domestic Violence Agencies Act 1986
An Act relating to family violence, and for other purposes
Part 1 Preliminary
Section 1
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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
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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
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(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
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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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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(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
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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