Order to Establish the Domestic, Family and Sexual Violence Commission as an Executive Agency

Overview

The Commonwealth of Australia established the Domestic, Family and Sexual Violence Commission as an Executive Agency under the Public Service Act 1999. This legislation, enacted in 1999, primarily governs the management and administration of the Australian Public Service, including the creation of various agencies and bodies to address specific issues within the nation. The Public Service Act 1999 serves as the legal framework to establish such entities, ensuring they are adequately structured and resourced to fulfil their designated roles. The establishment of the Domestic, Family and Sexual Violence Commission as an Executive Agency is a significant step towards addressing the complex issue of domestic, family, and sexual violence, aiming to enhance coordination, policy advice, and victim-survivor engagement across different sectors and jurisdictions. This order, made under section 65 of the Public Service Act 1999, was issued by the Governor-General, the Honourable David Hurley AC DSC (Retd), on 17 March 2022, with the advice of the Federal Executive Council. The primary policy objective is to establish an entity dedicated to providing strategic policy advice, promoting coordination, and engaging with victim-survivors, thereby supporting the objectives of the National Plan to End Violence against Women and Children 2022-2032. The order specifies the functions of the Commission, including the promotion of coordinated monitoring and evaluation frameworks and the development of a structured approach to victim-survivor engagement. This initiative aims to bolster efforts to combat domestic, family, and sexual violence across Australia, aligning with broader national strategies and objectives.

Scope and Application

The Public Service Act 1999, as amended by the Order to Establish the Domestic, Family and Sexual Violence Commission as an Executive Agency, creates a new entity within the Australian public service. This Commission, now designated as an Executive Agency, will operate under the name "Domestic, Family and Sexual Violence Commission" and will be led by an individual referred to as the "Commissioner." The Minister for Women’s Safety has been identified as the responsible minister for overseeing this agency. The Commission’s primary functions include providing strategic policy advice to the Minister, enhancing coordination across various governmental and non-governmental sectors, and promoting the objectives outlined in the National Plan to End Violence against Women and Children 2022-2032. This order, effective from 1 July 2022, establishes a clear framework for the Commission’s operations, which will be instrumental in addressing domestic, family, and sexual violence issues across Australia.

Key Provisions

The main operative sections of the order establish the Domestic, Family and Sexual Violence Commission as an Executive Agency under the Public Service Act 1999 (section 65). This means the Commission will be a distinct entity within the public service, with specific functions and reporting lines. The order allocates the name of the agency as the Domestic, Family and Sexual Violence Commission and designates the head of the agency as the Commissioner (sections a and c). The Minister for Women’s Safety is identified as the responsible minister for the agency, ensuring accountability and oversight (section d). The order outlines the functions of the Domestic, Family and Sexual Violence Commission, which include providing strategic policy advice to the Minister for Women’s Safety, enhancing coordination across various levels of government and sectors, and promoting consistent monitoring and evaluation frameworks for the National Plan to End Violence against Women and Children 2022-2032 (sections e(i) to e(vi)). The Commission is tasked with engaging with victim-survivors, informing policy priorities, and promoting the objectives of the National Plan across Australian society. These functions mandate the Commission to work collaboratively with other jurisdictions and organisations to address domestic, family, and sexual violence effectively. The obligations imposed on the Commission include delivering on the specified functions, which encompass policy advice, coordination, monitoring, and advocacy. The Commission must ensure that its activities align with the goals of the National Plan and support victim-survivors. It must also maintain effective communication and cooperation with relevant stakeholders, including government entities, non-profits, and private sectors. The Minister for Women’s Safety is responsible for overseeing the Commission's activities and ensuring it meets its objectives. While the order does not specify offences, penalties, or consequences for non-compliance, the establishment of the Commission as an Executive Agency under the Public Service Act 1999 implies a framework for accountability. Failure to meet the outlined functions or obligations could lead to scrutiny or review by the Minister for Women’s Safety or other relevant authorities. Additionally, non-compliance with the National Plan or its objectives might result in a re-evaluation of the Commission’s effectiveness and funding. However, specific legal penalties are not detailed within the order itself.