Australian Capital Territory
Domestic Violence Agencies (Council) Appointment 2014
Disallowable Instrument DI2014‑55
made under the  

Domestic Violence Agencies Act 1986, sections 6 (Membership of council) and           6A (Chairperson of council)

EXPLANATORY STATEMENT

Section 5(1) of the Domestic Violence Agencies Act 1986 (the Act) states that the objective of the Domestic Violence Prevention Council (the Council) is to reduce the incidence of domestic violence offences. Section 5(2) of the Act sets out the functions of the Council. Under section 5(2)(c), one of these functions is to advise the Minister on any matter relating to domestic violence.

Section 6 of the Act stipulates that the Council is constituted by the Domestic Violence Project Coordinator and twelve other members appointed by the Minister. Section 6(2)(a) specifies that the appointed members must consist of six or more community members, including at least:
•	one person who the Minister considers is capable of representing the views of people of Aboriginal and Torres Strait Islander descent; and
•	one person who the Minister considers is capable of representing people of non-English speaking background; and
•	one representative of the Domestic Violence Crisis Service Incorporated.

Section 6(2)(b) of the Act states that the Council membership must also consist of other people who are statutory office holders, public servants or police officers.  

The Legislation Act 2001, section 229 states that the instrument making an appointment to which division 19.3.3 applies, is a disallowable instrument.

Section 227 of the Legislation Act provides that division 19.3.3 does not apply to appointees who are public servants. The people appointed by the instrument are not public servants and as a result the Standing Committee on Justice and Community Safety has been consulted

In accordance with section 6(3) of the Act, this instrument states the capacity in which each person is appointed. 

The Minister considers that Ms Marcia Williams and Dr Sue Packer are familiar with the views and interests of the community on matters relating to domestic violence and are capable of representing those views and interests as required by section 6(4) of the Act. 

The Minister considers that Ms Lorena Quinlivan is capable of representing the views and interests of people of Aboriginal and Torres Strait Islands descent on matters relating to domestic violence as required by section 6(2)(a)(i) of the Act.

Section 7 of the Act specifies that the term of appointment for any member of the Council must not exceed three years.

The following member appointed by disallowable instrument DI2013-33 ‘Domestic Violence Agencies (Council) Appointment 2013 (No 2)’ has resigned from the Council:
-	Ms Bronwyn Leslie.

Under section 210 of the Legislation Act the member’s signed notice of resignation to the appointer ends their appointment to the Council. 

Ms Williams is being appointed to fill the vacancy left by Ms Leslie’s resignation.  Dr Packer is being reappointed to the Council.  Ms Quinlivan is being appointed to fill the Aboriginal and Torres Strait Islander community member position which has remained unfilled since January 2010.