Australian Capital Territory
Domestic Violence Agencies (Council) Appointment 2015 (No 1) 
Disallowable instrument DI2015-228
made under the  

Domestic Violence Agencies Act 1986, section 6 (Membership 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.

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. The Committee has provided no comment on the appointment. 

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

The Minister is satisfied that the appointee fulfilling the Aboriginal and Torres Strait Islander community member position, and the appointee fulfilling the culturally and linguistically diverse community member position, are both capable of representing the respective views and interests as members of the Council.