Domestic Violence Act

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[ CAP. 481.

DOMESTIC VIOLENCE

1

CHAPTER 481
DOMESTIC VIOLENCE ACT
To make special provision for domestic violence and to make
consequential and other amendments to the Criminal and Civil Codes.

28th February, 2006
ACT XX of 2005.

Part I
Introductory and Definitions
1.

The short title of this Act is the Domestic Violence Act.

Short title.

2.

In this Act, unless the context otherwise requires:

Definitions.

"the Commission" means the Commission established by article 3;
"domestic violence" means any act of violence, even if only
verbal, perpetrated by a household member upon another household member and includes any omission which causes physical or moral harm to the other;
"household member" includes:
(i)

persons married or formerly married to each
other;
(ii) persons living in the same household as the
offender or who had lived with the offender
within a period of one year preceding the
offence;
(iii) persons whose marriage has been dissolved or
declared null;
(iv) parents and their children;
(v) other adults sharing the same household;
(vi) persons who are, or have been, formally or
informally engaged with a view to get married;
(vii)

persons who are related to each other either by
consanguinity or affinity up to the third degree
inclusively;
(viii) persons having or having had a child in
common;
(ix) the child conceived but yet unborn of any one of
the persons mentioned in paragraphs (i) to (viii),
both inclusive;
"the Minister" means the Minister responsible for social policy. PART II
Commission on Domestic Violence
3. (1) There shall be a Commission to be known as the
Commission on Domestic Violence which shall be composed of a

Establishment of
the Commission.

2

[ CAP. 481.

DOMESTIC VIOLENCE

Chairman and not less than four other members appointed by the Minister after consulting such public and private agencies or entities involved in the research, prevention and treatment of domestic violence as the Minister may deem appropriate. A

member of the Commission may be re-appointed on the expiration of his term of office.
(2) A person shall not be qualified to hold office as a member of the Commission if he is a Minister, Parliamentary Secretary, a member of or a candidate for election to the House of
Representatives, or a member of a local government authority. (3) Subject to the provisions of this article, the office of a member of the Commission shall become vacant:
( a ) at the expiration of three years from the date of
appointment or at such earlier time as may be specified
in the instrument by which he was appointed; or
( b ) upon resignation by a letter addressed to the Minister; or
( c ) if any circumstances arise that, if he were not a
member of the Commission, would cause him to be
disqualified for appointment as such.
(4) A member of the Commission may, at any time, be removed
by the Minister after consultation with the other members of the Commission and substituted by another member.
Functions.

4.
The Commission shall have the function of advising the
Minister on all aspects of domestic violence and in particular on: ( a ) increasing the awareness and understanding of
domestic violence and harassment and their
consequences and on ways and means to reduce their
incidence;
( b ) areas of domestic violence on which research is
necessary or desirable;
( c ) strategies to expose domestic violence and to facilitate the intervention of public and private agencies and
entities with respect to victims and perpetrators of
such violence;
( d ) educating the public on all aspects of domestic
violence;
( e ) ways to facilitate communication between public and
private agencies and entities involved in action against
domestic violence;
(f)

standards for care facilities for victims and
perpetrators of domestic violence, including public or
private shelter services or facilities;

( g ) standards and...
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