(1) These regulations may be cited as the Domestic Violence (Programmes) Regulations 1996.

(2) These regulations shall come into force on 1 July 1996.

(1) In these regulations, unless the context otherwise requires,—

(2) Where any expression used in these regulations is not defined in these regulations but is defined in the Act, then unless the context otherwise requires, that expression has, in these regulations, the meaning given to it in the Act.

Regulation 2(1) approval panel: substituted, on 1 May 2002, by regulation 3(1) of the Domestic Violence (Programmes) Amendment Regulations 2002 (SR 2002/103).

Regulation 2(1) chief executive: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

Regulation 2(1) child: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) region: revoked, on 1 May 2002, by regulation 3(2) of the Domestic Violence (Programmes) Amendment Regulations 2002 (SR 2002/103).

Regulation 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Every request made under section 29 of the Act to a Registrar to authorise the provision of a programme must,—

• (a) be included on an application for a protection order; or

• (b) where the request is made after the making of a protection order, be made in the form for the time being approved by the chief executive.

(1) Subject to section 29(4) of the Act and to subclause (2), where a request is made under section 29 of the Act in relation to an adult protected person, the Registrar must authorise the provision of a group programme to that person.

(2) If no group programme is available or appropriate for the protected person, the Registrar must authorise the provision of an individual programme to that person.

(1) Subject to section 29(4) of the Act, where a request is made under section 29 of the Act in relation to a protected person who is a child, the Registrar must authorise the provision, to that child, of—

• (a) a group programme; or

• (b) an individual programme.

(2) Where—

• (a) the Registrar authorises the provision of a programme to a child; and

• (b) on completion of the initial interview, the programme provider considers that the programme is not appropriate for that child,—

the programme provider must notify the Registrar.

(3) On receiving notification pursuant to subclause (2), the Registrar must authorise the provision of another programme to that child, unless—

• (a) the request has been withdrawn; or

• (b) the programme provider has recommended that some other course of action, other than referral to a programme, is appropriate to assist the child to deal with the effects of domestic violence.

Where a Registrar authorises the provision of a programme to a protected person, the number of programme sessions that may be provided to that person are the number of sessions specified in respect of that programme by the approval panel when approving that programme.

(1) Where a Registrar authorises the provision of a programme to a protected person, the programme provider must, within 14 days after—

• (a) the programme concludes; or

• (b) the protected person ceases to attend the programme,—

whichever is the earlier, notify that fact to the Registrar.

(2) The notice given under subclause (1) must be in the form for the time being approved by the chief executive.

(1) Where, in a direction, the court, pursuant to section 33(1)(a)(i) of the Act, specifies the number of sessions that a respondent or an associated respondent must attend in each month, the number of programme sessions so specified must be the number of sessions specified in respect of that programme by the approval panel when approving that programme.

(2) Where, in a direction, the court,—

• (a) pursuant to section 33(1)(a)(ii) of the Act, states that the respondent or associated respondent must attend the programme for 1 session in each month and for such other session or sessions in each month as the programme provider may from time to time specify; or

• (b) pursuant to section 33(1)(a)(iii) of the Act, states that the respondent or associated respondent must attend the programme for such number of sessions as the programme provider may from time to time specify,—

the number of sessions that the programme provider so specifies must not exceed the number of sessions specified in respect of that programme by the approval panel when approving that programme.

(1) Where, in a direction, the court states, pursuant to section 33(1)(b)(ii) of the Act, that the programme provider is to arrange the date on which, and the time and place at which, the respondent or associated respondent is to attend the programme for the first time, any notice given to that person by the programme provider pursuant to section 35(b) of the Act must be given, in writing, in one of the following ways:

• (a) by leaving the notice with the person, or, if that person does not accept it, by putting it down in that person’s presence and bringing it to his or her notice:

• (b) by sending the notice by ordinary post addressed to the person at—

  • (i) the address for service given for the purposes of the proceedings to which the direction relates; or

  • (ii) that person’s last known or usual place of residence in New Zealand:

• (c) if the address for service given for the purposes of the proceedings to which the direction relates is the office of a lawyer, and that lawyer has a number to which documents may be sent by facsimile transmission, by transmitting the notice to that lawyer by facsimile transmission:

• (d) in such other manner as the court directs.

(2) Where a notice is sent by post in accordance with subclause (1)(b), the notice is deemed to have been duly given on the earlier of—

• (a) the fifth working day after the day on which it was so posted; or

• (b) the day on which it was received.

(3) Where a notice is sent by facsimile transmission in accordance with subclause (1)(c), the notice is deemed, subject to subclauses (4) and (5), to have been duly given on the second working day after the day on which it was so transmitted.

(4) Where a notice is transmitted to a facsimile number after 5 pm on any day, then, subject to subclause (5), that notice is deemed to have been duly given on the second working day after the day on which the notice is received in a complete and legible condition.

(5) A notice transmitted to a facsimile number is deemed to have been received in a complete and legible condition unless,—

• (a) the contrary is shown; and

• (b) as soon as practicable after the transmission is concluded, the person to whom the notice was transmitted notifies the person who transmitted the notice that the notice was incomplete or illegible, or both, when it was received.

(6) Where a notice is sent by facsimile transmission in accordance with subclause (1)(c), the lawyer to whom the notice was transmitted must, on receiving the notice, immediately give to the person by whom the notice was sent an acknowledgement, in writing or by facsimile transmission, that the notice has been received and must include in that acknowledgement a statement of the date of receipt.

(1) Every notice given under section 39(1) of the Act that a respondent or an associated respondent has failed to attend a programme must be in the form for the time being approved by the chief executive.

(2) Every notice given under section 40 of the Act that a programme has concluded must be in the form for the time being approved by the chief executive.

(1) Where the Registrar notifies a programme provider—

• (a) that, pursuant to section 29 of the Act, the Registrar has authorised the provision of a programme to a protected person; or

• (b) that, pursuant to section 32 of the Act, the court has directed a respondent or an associated respondent to attend a programme,—

the Registrar must also—

• (c) forward to the programme provider a copy of the protection order in respect of which the authority was given or, as the case requires, the direction was made; and

• (d) ensure that the programme provider is notified of—

  • (i) the information specified in subclause (2); and

  • (ii) such other information as the court directs in any particular case.

(2) Subject to subclause (3), the Registrar must ensure that the programme provider is notified of such information as is available to the Registrar in respect of the following matters:

• (a) in relation to domestic violence used by the respondent or the associated respondent, or both,—

  • (i) when the domestic violence first began:

  • (ii) the nature of the domestic violence on which the application for the protection order was based:

  • (iii) the frequency with which domestic violence was used before the making of the protection order:

  • (iv) whether domestic violence was used against any child of the applicant’s family, and, if so, the nature of that domestic violence:

• (b) the length of the relationship between the applicant and respondent:

• (c) whether the parties to the application have been parties (or some of the parties) to any previous application under the Act or any corresponding previous enactment:

• (d) whether allegations of drug abuse or alcohol abuse have been made in the course of the proceedings:

• (e) where the protection order is a temporary order, whether the order has been served:

• (f) in any case where—

  • (i) an authority has been given; or

  • (ii) a direction has been made—

  in relation to any other person who is a party to the proceedings or is a protected person under the protection order, the name and contact address of the programme provider to whom that other person has been referred.

(3) Where—

• (a) any of the information to which subclause (1) applies is not available at the time the information is required to be notified to the programme provider, but subsequently becomes available; or

• (b) the Registrar subsequently receives information that is additional to, or different from, the information initially notified to the programme provider in accordance with that provision,—

the Registrar must ensure that the programme provider is notified, as soon as practicable, of the information that has become available or, as the case may be, that additional or different information.

(1) The chief executive may call for applications from persons or organisations (whether incorporated or unincorporated) who wish to be approved as programme providers.

(2) Without limiting subclause (1), the chief executive may call for applications from persons or organisations (whether incorporated or unincorporated) who wish to be approved as programme providers in respect of particular client groups.

(1) Every application for approval as a programme provider must be made in writing to the chief executive.

(2) Every application must be set out in 2 parts.

(3) Part 1 must contain the following information relating to the applicant:

• (a) the full name and address of the applicant:

• (b) whether the applicant is a person applying for approval as an individual programme provider, or is an organisation applying for approval as an approved agency that may authorise persons to provide programmes in accordance with the terms of its approval:

• (c) any other information that will assist the chief executive or approval panel, as the case may be, in assessing whether or not the applicant meets the requirements of regulations 15 and 16 (in the case of an application for approval as an individual programme provider) or regulations 21 and 22 (in the case of an application for approval as an approved agency):

• (d) whether, in the case of an application for approval as an individual programme provider, unconditional approval or approval subject to conditions is sought and, if conditional approval is sought, the nature of the proposed conditions.

(4) Part 2 must contain the following information relating to the programme that the applicant wishes to provide:

• (a) the client group to which the programme relates:

• (b) any other information that will assist the approval panel or chief executive, as the case may be, in assessing whether the programme meets the requirements of regulation 26:

• (c) whether the programme is designed as a group programme or as an individual programme, or both:

• (d) if the programme is designed as a group programme, the proposed size of the group.

(5) Every application must also contain any other information reasonably required by the chief executive or the approval panel to enable the chief executive or the approval panel to perform the chief executive’s functions or the approval panel’s functions.

(6) If, in the same application, an applicant applies for approval as a programme provider in respect of—

• (a) 2 or more client groups; or

• (b) 2 or more programmes,—

the applicant must include the information that is sufficient to enable the chief executive or the approval panel, as necessary, to assess the application in relation to each client group or each programme, as the case may be.

(1) The chief executive—

• (a) must assess, under subclause (2), an application for approval as an individual programme provider that is made in response to a call for applications under regulation 12:

• (b) may, but need not, assess, under subclause (2), an application for approval as an individual programme provider that is not made in response to a call for applications under regulation 12.

(2) If an application for approval as an individual programme provider is assessed by the chief executive, the chief executive must refer it to the approval panel if the applicant satisfies the chief executive, by the production of any information that the chief executive reasonably requires, that the applicant meets the requirements of regulations 15(3) and 16.

(3) For the purposes of subclause (2), the chief executive may, instead of requiring the applicant to produce further information, rely on—

• (a) any previous determination made by the chief executive in connection with a previous application by the applicant that the applicant meets the requirements of regulations 15(3) and 16:

• (b) any previous determination made by an approval panel before the commencement of the Domestic Violence (Programmes) Amendment Regulations 2002 in connection with a previous application by the applicant that the applicant meets the requirements of regulations 15(3) and 16.

(4) If the chief executive decides, under subclause (1)(b), not to assess an application or if the application is assessed under subclause (2) but the chief executive is not satisfied that the applicant meets the requirements of regulations 15(3) and 16 and the chief executive does not instead refer the application to the approval panel under regulation 18(1), the chief executive must refuse the application.

(1) The approval panel may approve an applicant as an individual programme provider if—

• (a) the application is referred to the panel by the chief executive under regulation 13A(2) or regulation 18(1); and

• (b) the applicant satisfies the approval panel, by the production of any information that the approval panel reasonably requires, that—

  • (i) the applicant meets the requirements of regulation 15(1), (2), and (4); and

  • (ii) the programme that the applicant wishes to provide meets the requirements of regulation 26.

(2) An approval may be unconditional or subject to conditions imposed by the chief executive under regulation 18.

(1) Every applicant for approval as an individual programme provider must have the following:

• (a) knowledge and understanding of the nature and effects of domestic violence:

• (b) knowledge and understanding of the dynamics of violent domestic relationships:

• (c) knowledge of, and skills and expertise in relation to, the client group for which the applicant wishes to provide a programme:

• (d) where the application relates to the provision of a group programme, group facilitation skills:

• (e) where persons in the client group for which the applicant wishes to provide a programme are likely to be primarily Maori, knowledge and understanding of tikanga Maori, including the Maori values and concepts set out in regulation 27:

• (f) where persons in the client group for which the applicant wishes to provide a programme are likely to belong primarily to any other cultural or ethnic group, knowledge and understanding of the relevant values and beliefs of that group.

(2) Where—

• (a) an applicant applies for approval as an individual programme provider; and

• (b) at any time within the 3 years immediately before the date of the application,—

  • (i) the applicant has been a protected person; or

  • (ii) the applicant has been the victim of a domestic violence offence,—

  the applicant must show that he or she has addressed the effects of domestic violence on his or her own life.

(3) An applicant must not be approved as an individual programme provider if, at any time within the 3 years immediately before the date of the application,—

• (a) a protection order has been made against the applicant; or

• (b) the applicant has been convicted of a domestic violence offence.

(4) Subject to subclause (3), where—

• (a) an applicant applies for approval as an individual programme provider; and

• (b) at any time, whether before or after the commencement of these regulations,—

  • (i) a protection order has been made against the applicant; or

  • (ii) the applicant has been convicted of a domestic violence offence,—

the applicant must not be approved unless the applicant shows that he or she has accepted responsibility for his or her violent behaviour.

(1) Every applicant for approval as an individual programme provider must,—

• (a) be a member of a professional body, or accountable to an organisation, being a body or organisation which, in the opinion of the chief executive, has in place—

  • (i) a code of ethics or practice; and

  • (ii) an effective complaints procedure; and

  • (iii) an appropriate level of continuing education for its members or for the people who are accountable to it, as the case may be; and

• (b) where the applicant holds himself or herself out as being a member of a professional body of the kind referred to in paragraph (a), hold such current membership of that body as permits the applicant to practise his or her profession without limitation or restriction; and

• (c) receive an appropriate level of peer supervision or peer review, whether that supervision or review is provided by a professional body or organisation of the kind referred to in paragraph (a) or otherwise.

(2) Every applicant for approval as an individual programme provider must have in place systems that will—

• (a) ensure the assessment and ongoing review of the needs of people attending programmes that the applicant provides; and

• (b) provide for communication between the applicant and any other programme provider who is providing a programme to any other person who is protected by, or subject to, the same protection order; and

• (c) ensure, to the greatest extent possible, the safety of every person during his or her attendance at programmes provided by the applicant; and

• (d) provide for regular monitoring and evaluation of the effectiveness of such programmes and the presentation of such programmes.

(1) Despite regulations 15 and 16, the chief executive, if he or she considers it appropriate, may refer an application to the approval panel if the chief executive is satisfied that an applicant for approval as an individual programme provider—

• (a) is not a member of a professional body of the kind referred to in regulation 16(1)(a), but is taking steps to attain such membership; or

• (b) is a member of a professional body of the kind referred to in regulation 16(1)(b), but—

  • (i) is limited or restricted in the way in which he or she is permitted by that body to practice his or her profession; and

  • (ii) is taking steps to have those limits or restrictions removed.

(2) If the approval panel approves an applicant as an individual programme provider under regulation 14, following the reference of the application to the panel under subclause (1), the approval of the applicant as an individual programme provider is subject to any conditions imposed by the chief executive.

(3) The period for which a conditional approval is in force is 1 year.

The effect of the approval of a person as an individual programme provider is that the person is a programme provider who may, in accordance with the terms of his or her approval, provide the programme specified in his or her approval.

(1) The chief executive—

• (a) must assess, under subclause (2), an application for approval as an approved agency that is made in response to a call for applications under regulation 12:

• (b) may, but need not, assess, under subclause (2), an application for approval as an approved agency that is not made in response to a call for applications under regulation 12.

(2) If an application by an organisation for approval as an approved agency is assessed by the chief executive, the chief executive must refer it to the approval panel if the applicant satisfies the chief executive, by the production of any information that the chief executive reasonably requires, that the applicant meets the requirements of regulation 22.

(3) For the purposes of subclause (2), the chief executive may, instead of requiring the applicant to produce further information, rely on—

• (a) any previous determination made by the chief executive in connection with a previous application by the applicant that the applicant meets the requirements of regulation 22:

• (b) any previous determination made by an approval panel before the commencement of the Domestic Violence (Programmes) Amendment Regulations 2002 in connection with a previous application by the applicant that the applicant meets the requirements of regulation 22.

(4) If the chief executive decides, under subclause (1)(b), not to assess an application or if the application is assessed under subclause (2) but the chief executive is not satisfied that the applicant meets the requirements of regulation 22, the chief executive must refuse the application.

(1) If an applicant is an organisation, the approval panel may approve the applicant as an approved agency if—

• (a) the application is referred to the panel by the chief executive under regulation 19A(2); and

• (b) the applicant satisfies the approval panel, by the production of any information that the approval panel reasonably requires, that—

  • (i) the applicant meets the requirements of regulation 21; and

  • (ii) the programme that the applicant wishes to provide meets the requirements of regulation 26.

(2) Without limiting subclause (1), an approval panel may require the applicant to provide information on all or any of the following matters to assist the approval panel in assessing whether or not the applicant meets the requirements of regulation 21:

• (a) the persons who the organisation proposes to authorise to provide programmes, including (without limitation)—

  • (i) the full names and addresses of those persons; and

  • (ii) a summary of the knowledge, skills, and expertise of those persons:

• (b) the date on which the organisation was established:

• (c) the objectives and functions of the organisation:

• (d) whether the organisation has, in the past, provided programmes similar to those for which the applicant seeks approval.

(1) Subject to subclause (2)(b) of this regulation, every applicant for approval as an approved agency must have in place a system which ensures that only those persons who meet the requirements set out in regulation 15 are authorised by that agency to provide programmes.

(2) Every applicant for approval as an approved agency must have in place systems which ensure that, where the approved agency authorises any person to provide a programme,—

• (a) the authority has effect for a stated period, being not more than the duration of the agency’s approval; and

• (b) the authority is made subject to conditions if the agency is satisfied that any of the circumstances set out in any of paragraphs (a) and (b) of regulation 18(1) applies; and

• (c) the authority is varied, or the conditions imposed on the authority are discharged, if the agency is satisfied that the authorised person meets those conditions; and

• (d) the authority is reviewed at regular intervals, taking into account—

  • (i) whether the authorised person continues to meet the requirements of regulation 15; and

  • (ii) where regulation 22(2) applies, whether the authorised person continues to meet the requirements of regulation 16(1),—

  • (iii) [Revoked]

  for the purpose of determining whether the authority should be renewed when it expires; and

• (e) the authority is cancelled,—

  • (i) if the authorised person no longer meets all or any of the requirements of regulation 15; or

  • (ii) where regulation 22(2) applies, if the authorised person no longer meets all or any of the requirements of regulation 16(1); or

  • (iii) if the authorised person ceases to provide the programme for the agency.

(1) Subject to subclause (2), every applicant for approval as an approved agency must have in place, or be accountable to another organisation which has in place,—

• (a) a code of ethics or practice; and

• (b) an effective complaints procedure; and

• (c) a relevant level of continuing education and an appropriate level of peer supervision or peer review for authorised persons.

(2) An applicant for approval as an approved agency is not required to meet the requirements of subclause (1) of this regulation where, subject to regulation 21(2)(b), that applicant has in place a system which ensures that only those persons who meet the requirements of regulation 16(1) are authorised by that agency to provide programmes.

(3) Every applicant for approval as an approved agency must have in place systems that will—

• (a) ensure the assessment and ongoing review of the needs of people attending programmes that the applicant provides; and

• (b) provide for communication between the authorised person and any other programme provider who is providing a programme to any other person who is protected by, or subject to, the same protection order; and

• (c) ensure, to the greatest extent possible, the safety of every person during his or her attendance at programmes provided by the applicant; and

• (d) provide for regular monitoring and evaluation of the effectiveness of such programmes and the presentation of such programmes.

(1) The effect of the approval of an organisation as an approved agency is that the organisation is a programme provider that may, in accordance with the terms of the agency’s approval,—

• (a) authorise persons to provide such programme or programmes as are set out in the agency’s approval; and

• (b) vary, renew, and cancel those authorisations.

(2) For the avoidance of doubt, an approved agency—

• (a) may not provide a programme until the agency has, in accordance with these regulations, authorised the necessary person or persons to do so; and

• (b) may not authorise a person or persons to provide a programme which is not an approved programme in respect of that agency.

Every approved agency must supply the chief executive with the names of those persons who are for the time being authorised by the agency to provide programmes—

• (a) within 2 months after the date of the agency’s approval; and

• (b) after that, whenever the name of any person is added to, or removed from, the agency’s list of persons who are authorised to provide programmes; and

• (c) at any other times that the chief executive may require.

Every programme must meet the following requirements:

• (a) the content of the programme must be consistent with the object of the Act (as set out in section 5 of the Act):

• (b) the programme must be designed to be presented in a manner that—

  • (i) is consistent with the object of the Act; and

  • (ii) respects the cultural values and beliefs of the people attending the programme:

• (c) where the programme is designed for Maori or will be provided in circumstances where the persons attending the programme are primarily Maori, the programme must take into account tikanga Maori, including the Maori values and concepts set out in regulation 27:

• (d) where the programme is to be provided to adult protected persons, the programme must—

  • (i) have the primary objective and the goals required by regulation 28; and

  • (ii) be structured in accordance with regulation 29:

• (e) where the programme is to be provided to protected persons who are children, the programme must—

  • (i) have the primary objective and the goals required by regulation 30; and

  • (ii) be structured in accordance with regulation 31:

• (f) where the programme is to be provided to respondents or associated respondents, the programme must—

  • (i) have the primary objective and the goal required by regulation 32; and

  • (ii) be structured in accordance with regulation 33:

• (g) the programme must provide for the assessment and ongoing review of the needs of the people attending the programme.

Every programme that is designed for Maori or that will be provided in circumstances where the persons attending the programme are primarily Maori, must take into account tikanga Maori, including (without limitation) the following Maori values and concepts:

• (a) mana wahine (the prestige attributed to women):

• (b) mana tane (the prestige attributed to men):

• (c) tiaki tamariki (the importance of the safeguarding and rearing of children):

• (d) whanaungatanga (family relationships and their importance):

• (e) taha wairua (the spiritual dimension of a healthy person):

• (f) taha hinengaro (the psychological dimension of a healthy person):

• (g) taha tinana (the physical dimension of a healthy person).

(1) Every programme for adult protected persons must have the primary objective of promoting (whether by education, information, support, or otherwise) the protection of those persons from domestic violence.

(2) Every programme for adult protected persons must have the following goals:

• (a) to empower the protected person to deal with the effects of domestic violence by educating, informing, and supporting that person, and building that person’s self-esteem:

• (b) to increase understanding about the nature and effects of domestic violence, including the intergenerational cycle of violence:

• (c) to raise the protected person’s awareness of the social, cultural, and historical context in which domestic violence occurs, in order to help that person to put past experiences in perspective:

• (d) to assist the protected person to assess safety issues and to put in place strategies to maximise that person’s safety:

• (e) to provide the protected person with information about—

  • (i) the effect of protection orders and the way in which the Act operates; and

  • (ii) the building of support networks; and

  • (iii) the availability, content and benefits of programmes for protected persons who are children, and how to request such programmes; and

  • (iv) the content of programmes for respondents or associated respondents, and the obligations placed on respondents or associated respondents in relation to those programmes:

• (f) to assist the protected person to develop realistic expectations of behavioural and attitudinal change in the respondent or associated respondent:

• (g) to assist the protected person to identify and explore options for the future.

Every programme for adult protected persons must—

• (a) be structured so as to ensure that the primary objective and the goals set out in regulation 28 are capable of being met during the programme; and

• (b) where the programme is a group programme,—

  • (i) consist of a specified number of programme sessions the total duration of which is not less than 20 hours and not more than 40 hours; and

  • (ii) be presented to 1 gender only; and

  • (iii) be limited to 16 people per programme (excluding the presenter); and

  • (iv) where possible in the circumstances, be presented by 2 programme providers if the number of people attending the programme exceeds 8; and

• (c) where the programme is an individual programme, consist of a specified number of programme sessions the total duration of which is not less than 9 hours and not more than 12 hours; and

• (d) include, at the request of a protected person attending the programme, a final separate session for that protected person where strategies to enhance the ongoing safety and support of that protected person are developed with such members of the protected person’s family or whanau as the protected person has requested be present.

(1) Every programme for protected persons who are children must have the primary objective of assisting those children to deal with the effects of domestic violence.

(2) Every programme for protected persons who are children must have the following goals:

• (a) to assist the child to express his or her feelings, including feelings of hurt, pain, guilt, shame, and isolation in order to assist the child to deal with the effects of domestic violence:

• (b) to assist the child to develop a sense of normality, a healthy self-image, and to build self-esteem:

• (c) to assist the child to deal with issues arising from separation or loss:

• (d) to assist the child to gain a realistic perspective of the events leading to the making of the protection order, including the child’s involvement in those events:

• (e) to assist the child to understand the events following the making of the protection order, including the changes in the child’s family life, and the options for the future:

• (f) to help the child to build a support network:

• (g) to assist the child to assess safety issues and to put in place strategies to maximise that child’s safety:

• (h) to strengthen the bond between the child and his or her caregiver:

• (i) to assist the child to develop—

  • (i) social skills and improve his or her competency in social relationships, including social relationships with the child’s peers; and

  • (ii) strategies for non-violent conflict resolution and to learn anxiety management techniques and anger management techniques.

(1) Every programme for protected persons who are children must—

• (a) be structured so as to ensure that the primary objective and the goals set out in regulation 30 are capable of being met during the programme; and

• (b) provide for the involvement of caregivers wherever possible during the programme; and

• (c) where the programme is a group programme, provide that the group of children attending the programme sessions must not exceed—

  • (i) 3 children, where the programme is to be presented by 1 programme provider; and

  • (ii) 8 children, where the programme is to be presented by 2 programme providers; and

• (d) where the programme is to be presented by 2 programme providers, provide if possible that those programme providers are different genders.

(2) Every programme for protected persons who are children must consist of a specified number of programme sessions which must—

• (a) consist of an initial interview—

  • (i) to assess the child’s needs and the suitability of the programme for that child; and

  • (ii) which does not exceed 2 hours; and

  • (iii) at which the child, the child’s caregiver, and such members of the child’s family or whanau (other than the respondent or associated respondent) as the caregiver has requested are present; and

• (b) consist of such other sessions the total duration of which is not more than—

  • (i) 20 hours, where the programme is a group programme; or

  • (ii) 10 hours, where the programme is an individual programme—

  including, where requested by the child’s caregiver, a final separate session for that child with the caregiver and such members of the child’s family or whanau as the caregiver has requested be present.

(1) Every programme for respondents or associated respondents must have the primary objective of stopping or preventing domestic violence on the part of those respondents or associated respondents.

(2) Every programme for respondents or associated respondents must have the goal of changing the behaviour of those respondents or associated respondents by—

• (a) increasing understanding about the nature and effects of domestic violence, including the intergenerational cycle of violence; and

• (b) increasing understanding about the object of the Act and the way in which the Act operates, including the effect of protection orders and the consequences of breaching protection orders; and

• (c) increasing understanding about the social, cultural, and historical context in which domestic violence occurs; and

• (d) increasing understanding about the impact of domestic violence on the victim, including its effect on children; and

• (e) increasing understanding about the effect that patterns of abusive behaviour have on the victim; and

• (f) developing skills to deal with potential conflicts in non-abusive ways.

Every programme for respondents or associated respondents must—

• (a) be structured so as to ensure that the primary objective and the goal set out in regulation 32 are capable of being met during the programme; and

• (b) where the programme is a group programme,—

  • (i) consist of a specified number of programme sessions the total duration of which is not less than 30 hours and not more than 50 hours; and

  • (ii) have a duration of not more than 3 hours per session; and

  • (iii) be limited to 16 people per programme (excluding the presenter); and

  • (iv) where possible in the circumstances, be presented by 2 programme providers if the number of people attending the programme sessions exceeds 8; and

• (c) where the programme is an individual programme, consist of a specified number of programme sessions the total duration of which is not less than 9 hours and not more than 12 hours; and

• (d) where the programme is to be presented by 2 programme providers, provide if possible that those programme providers are different genders; and

• (e) involve the use of well-founded methodologies which have been shown to be effective in stopping or preventing domestic violence.

(1) An approval—

• (a) comes into force on the date of its issue; and

• (b) continues in force until it is cancelled under any of regulations 40 to 42.

(2) Subclause (1)(b) is subject to regulation 18(3).

(1) An individual programme provider or approved agency must, as soon as practicable, notify the chief executive of any change in his or her or the agency’s circumstances where that change may affect his or her or the agency’s status as a programme provider.

(2) The chief executive must notify a change of circumstances to the approval panel if the chief executive is satisfied, whether on the basis of any notification made under subclause (1) or otherwise, that there has been a change of circumstances that may provide the approval panel with grounds for the cancellation of the approval of an individual programme provider as a programme provider or the cancellation of an agency’s approval as an approved agency.

(3) Despite subclause (2), the chief executive is not obliged to notify any change of circumstances to the approval panel if, as a consequence of that change of circumstances, the chief executive—

• (a) cancels a person’s approval as an individual programme provider under regulation 40(1A) or an agency’s approval as an approved agency under regulation 41(1A); or

• (b) decides—

  • (i) not to cancel a person’s approval as an individual programme provider under regulation 40(1A) or an agency’s approval as an approved agency under regulation 41(1A); and

  • (ii) that the change of circumstances does not provide any other ground for cancellation of an approval.

(1) Where a person is approved as an individual programme provider subject to conditions imposed under regulation 18, that person may, at any time, apply to chief executive for a variation of the approval or a discharge of those conditions.

(2) Where an application has been made under subclause (1), chief executive must consider the application and may confirm the conditions, vary the approval, or discharge those conditions.

(1) Subject to regulation 45, the approval panel may at any time cancel a person’s approval as an individual programme provider if the approval panel is satisfied that—

• (a) the individual programme provider no longer meets all or any of the requirements of regulation 15 or regulation 16 that applied when the provider applied for approval; or

• (b) the information given in support of the application for approval as an individual programme provider was false or misleading, and that information was material to the decision of the approval panel to approve the person; or

• (c) [Revoked]

• (d) the individual programme provider is no longer a suitable person to provide a programme, for any of the following reasons:

  • (i) the way in which that individual programme provider is presenting the programme conflicts with the object of the Act:

  • (ii) the individual programme provider has been convicted of an offence that reflects adversely on the suitability of that person to provide the programme; or

• (e) the programme that the provider is approved to provide does not or no longer meets, in a significant respect, all or any of the requirements of regulation 26.

(1A) Subject to regulation 45, the chief executive may, at any time, cancel a person’s approval as an individual programme provider—

• (a) if—

  • (i) that approval is subject to conditions; and

  • (ii) the chief executive is satisfied that that person is not making reasonable progress towards meeting any of those conditions; or

• (b) the individual programme provider no longer meets all or any of the requirements of regulation 15(3) or regulation 16 that applied when the provider applied for approval.

(2) For the avoidance of doubt, the cancellation of an approval held by an individual programme provider does not affect any other approvals also held by that person.

(1) Subject to regulation 45, the approval panel may at any time cancel an agency’s approval as an approved agency if the approval panel is satisfied that—

• (a) the agency no longer meets all or any of the requirements of regulation 21 or regulation 22 that applied when the provider applied for approval; or

• (b) the information given in support of the application for approval as an approved agency was false or misleading, and that information was material to the decision of the approval panel to approve the organisation; or

• (c) the agency has, without reasonable excuse, authorised a person to provide a programme for that agency when that person does not meet all or any of the relevant requirements of these regulations; or

• (d) the agency has failed to cancel an authority of an authorised person where that person no longer meets all or any of the relevant requirements of these regulations; or

• (e) the approved agency is no longer a suitable organisation to provide a programme, for any of the following reasons:

  • (i) the agency has failed to cancel the authority of an authorised person where that person is presenting a programme in a way that conflicts with the object of the Act:

  • (ii) the agency has failed to cancel the authority of an authorised person where that person has been convicted of an offence that reflects adversely on the suitability of that person to provide the programme; or

• (f) the programme being presented does not or no longer meets, in a significant respect, all or any of the requirements of regulation 26.

(1A) Subject to regulation 45, the chief executive may, at any time, cancel an agency’s approval as an approved agency if the chief executive is satisfied that the agency no longer meets all or any of the requirements of regulation 22 that applied when the provider applied for approval.

(2) If the approval panel or the chief executive cancels the approval of an agency under subclause (1) or subclause (1A) every authority given by that agency, to persons to provide programmes to which that approval relates is deemed to be cancelled.

(3) For the avoidance of doubt, the cancellation of an approval held by an approved agency does not affect any other approvals also held by that organisation.

A programme provider may at any time request the approval panel to cancel his or her or the agency’s approval, and the approval panel must cancel that approval accordingly.

Every cancellation of an approval under regulation 40 or regulation 41 or regulation 42 takes effect from the date that written notice of that cancellation is given under regulation 44.

(1) Every applicant who applies for—

• (a) approval as a programme provider; or

• (b) [Revoked]

• (c) where an approval is subject to conditions imposed under regulation 18, variation of the approval or discharge of the conditions attached to the approval,—

must be notified in writing of the approval panel’s or chief executive’s decision in respect of that application.

(2) Where an application for approval is granted, the approval panel must include the following details in its written notice:

• (a) whether the programme is approved as a group programme or an individual programme, or both:

• (b) in the case of a group programme, the size of the group:

• (c) the total duration of the programme:

• (d) the total number of programme sessions:

• (e) [Revoked]

• (f) where the approval panel and the applicant have agreed to modifications to the programme as proposed in the application, those modifications.

(2A) If the chief executive imposes conditions in respect of an individual programme provider under regulation 18(2), the provider must be notified in writing of the nature of the conditions.

(3) If the approval panel or the chief executive declines an application for approval or cancels an approval (other than in accordance with regulation 42), the approval panel or the chief executive, as the case may require, must include in the written notice the reasons for the decision.

(1) If the approval panel or chief executive proposes to cancel an approval (other than in accordance with regulation 42), the approval panel or the chief executive, as the case requires, must notify the programme provider in writing of its proposed decision in accordance with subclause (2).

(2) The approval panel or chief executive, as the case requires, must include the following in the written notice under subclause (1):

• (a) the proposed decision:

• (b) the reasons for that proposed decision:

• (c) information about the right of the programme provider to make written representations in respect of that proposed decision before a specified date:

• (d) information about the right of the programme provider to appear before the approval panel or to meet with the chief executive, as the case requires, in respect of that proposed decision, if he or she or the agency or the chief executive so requests, before a specified date.

(3) Where a programme provider has been notified under this regulation, and the programme provider does not make written representations, or request an appearance before the approval panel or the chief executive, as the case requires, before the date specified in the notice, the approval panel or the chief executive, as the case requires, may discharge its functions in respect of the matter as it thinks fit.

The approval panel, whose members are appointed under regulation 47, has the following functions:

• (a) responsibility for approving programme providers and programmes in accordance with these regulations:

• (b) any other functions given to the panel under these regulations.

(1) The chief executive must, by notice in the Gazette, appoint the members of the approval panel.

(2) Until the close of 31 July 2005, the approval panel may have a maximum of 10 members, including—

• (a) 1 member who is an employee or representative of the Ministry of Justice and who is the chairperson of the panel:

• (b) up to 9 other persons who have knowledge and understanding of the dynamics of domestic violence:

• (c) at least 5 members who have expertise in tikanga Māori (including the Māori values and concepts set out in regulation 27), and a knowledge and understanding of the impact of domestic violence on Māori communities:

• (d) at least 2 members who have expertise in Pacific culture, and knowledge and understanding of the impact of domestic violence on Pacific communities:

• (e) at least 2 members who have skills or experience in relation to adult victims of domestic violence:

• (f) at least 2 members who have skills or experience in working with children:

• (g) at least 2 members who have skills or experience in relation to persons who use domestic violence against others.

(3) On and after 1 August 2005, the approval panel may have a maximum of 10 members whose collective ethnic composition reflects, so far as is practicable, the anticipated likely ethnic composition of the persons and groups who participate in programmes, including—

• (a) 1 member who is an employee or representative of the Ministry of Justice and who is the chairperson of the panel:

• (b) up to 9 other members who have knowledge and understanding of the dynamics of domestic violence:

• (c) at least 2 members who have skills or experience in working with children:

• (d) at least 2 members who have skills or experience in relation to adult victims of domestic violence:

• (e) at least 2 members who have skills or experience in relation to persons who use domestic violence against others.

(1) The chief executive must not appoint any person to the approval panel under regulation 47 unless the chief executive has,—

• (a) in a manner that the chief executive considers appropriate, called for nominations from interested persons and organisations; and

• (b) considered any nominations.

(2) Despite subclause (1), the chief executive must take all reasonable steps to ensure that the following are notified that nominations are being sought for the appointment of members to the approval panel:

• (a) persons and organisations who the chief executive considers have a professional or practical interest in programmes:

• (b) the Māori community, including—

  • (i) the Māori Women’s Welfare League; and

  • (ii) Māori organisations with an interest in the provision of programmes; and

  • (iii) any other members of the Māori community, or other Māori organisations, that the chief executive considers should be notified:

• (c) the Pacific community, including—

  • (i) Pacific organisations with an interest in the provision of programmes; and

  • (ii) any other members of the Pacific community, or other Pacific organisations, that the chief executive considers should be notified.

(3) Any nominations made under subclause (1) must be made in writing and by the date specified by the chief executive when he or she calls for nominations.

(4) Subclause (5) applies if the chief executive has called for nominations under subclause (1), but—

• (a) no nominations have been made by the specified date; or

• (b) insufficient nominations have been made to fill the number of appointments that must be made; or

• (c) insufficient persons have been nominated who meet the requirements of regulation 47(2) or (3), whichever is applicable.

(5) If this subclause applies, the chief executive may, after any further consultation that the chief executive considers appropriate with interested persons and the Māori community and Pacific community, appoint as members of the approval panel a person or persons who meet the requirements of regulation 47(2) or (3), whichever is applicable.

(1) A member of the approval panel holds office for a term of 3 years.

(2) Despite subclause (1), the chief executive must appoint members of the approval panel so that all the terms of the members of the approval panel expire with the close of 31 July in the same year.

(3) Unless the member sooner vacates office under regulation 56, every member continues to hold office until the member’s successor comes into office, despite the expiry of the term for which the member was appointed.

(4) If a member continues in office for any period after the expiry of the member’s term, his or her successor’s term of office is reduced by that period.

(5) A member of the approval panel is eligible for reappointment from time to time, but subject to that member meeting the requirements of regulation 47(2) or (3), whichever is applicable.

(6) This regulation is subject to regulations 50 to 56.

Every member of the approval panel who is appointed under regulation 47(2)(a) or (3)(a) holds office at the pleasure of the chief executive.

(1) If a member of the approval panel dies or resigns or is removed from office or vacates office, the vacancy must be filled by the appointment of another member in accordance with subclause (2).

(2) Despite regulation 48, if there is a vacancy in the membership of the approval panel under subclause (1), the chief executive must, after consultation with any interested persons or organisations that the chief executive considers appropriate, appoint as a member of that approval panel a person who meets the requirements of regulation 47(2) or (3), whichever is applicable.

(3) Subject to regulation 49(3), if a member is appointed under this regulation, the member holds office for the period beginning on the date of his or her appointment and ending with the close of the date on which the vacating member’s term of office would, but for that vacancy, have expired.

(4) The powers of the approval panel are not affected by any vacancy in its membership.

(1) The approval panel may, from time to time, with the prior approval of the chief executive, co-opt a person to be a member of the approval panel, either generally or for the purpose of assisting with—

• (a) a particular application for approval or the cancellation of a particular approval; or

• (b) a particular class of applications for approval or the cancellation of a particular class of approvals.

(2) Despite subclause (1), a person may be co-opted under subclause (1) only if the members of the approval panel agree that the person will assist the approval panel to fulfil its functions under these regulations, and if that person has—

• (a) knowledge and understanding of the dynamics of domestic violence; and

• (b) relevant skills or relevant knowledge or a relevant cultural perspective additional to the skills or knowledge or cultural perspective of the members of the approval panel.

(3) The chief executive may co-opt a person to be a member of the approval panel if—

• (a) an approval panel is unable to agree on—

  • (i) the need to co-opt a person under subclause (1); or

  • (ii) who should be co-opted under that subclause; and

• (b) the chief executive considers it desirable to co-opt a person.

(1) Subject to regulation 56, every person co-opted to be a member of the approval panel under regulation 52 holds office,—

• (a) if he or she is co-opted for the purpose of assisting with a particular application for approval or the cancellation of a particular approval, for the period required to consider and determine that matter:

• (b) if he or she is co-opted for the purpose of assisting with a particular class of applications for approval or the cancellation of a particular class of approvals, for the period specified by the approval panel (if he or she was co-opted by the approval panel) or for the period specified by the chief executive (if he or she was co-opted by the chief executive):

• (c) in any other case, for the period commencing on the date of his or her appointment and ending with the close of 31 July in the year in which the terms of office of the current members of the approval panel expire.

(2) A co-opted member of the approval panel is to be treated, for the purposes of these regulations, as a member of the approval panel only in respect of,—

• (a) if he or she is co-opted for the purpose of assisting with a particular application for approval or the cancellation of a particular approval, that matter:

• (b) if he or she is co-opted for the purpose of assisting with a particular class of applications for approval or the cancellation of a particular class of approvals, those matters,—

and, subject to regulation 65, may vote only in respect of the particular matter or class of matters, as the case may be.

(3) Subject to regulation 65, if a co-opted member has been co-opted generally, he or she is to be treated, for the purposes of these regulations, as a member of the approval panel and is entitled to take part in the approval panel’s proceedings in relation to any matter, and to vote on any such matter.

(1) The chief executive may, by notice in the Gazette, appoint any person to be the deputy of any member or members of the approval panel.

(2) Despite subclause (1), every deputy who is appointed under subclause (1),—

• (a) in the case of a deputy of a member appointed under regulation 47(2)(a) or (3)(a),—

  • (i) must be an employee or representative of the Ministry of Justice; and

  • (ii) must not be appointed as the deputy of any other member of the approval panel; and

• (b) in the case of a deputy of any other member or members, must have—

  • (i) knowledge and understanding of the dynamics of domestic violence; and

  • (ii) skills or experience in the same area as the member or members in respect of whom he or she will act as deputy.

(3) Every deputy may act for any member for whom he or she is appointed during any period for which the member is prevented by absence, illness, conflict of interest, or other cause from performing the member’s duties of office.

(4) If any person attends any meeting of the approval panel as the deputy of any member of the approval panel, that person must be treated as a member of the approval panel, and the fact that the person attends is sufficient evidence of that person’s authority to do so.

Subject to regulation 56, a deputy of any member of the approval panel holds office for the term that is specified by the chief executive in the deputy’s notice of appointment, but in no case may the deputy’s term of office exceed the term of office of all the members in respect of whom he or she acts as deputy.

(1) The chief executive may, at any time, remove from office a member of the approval panel (including a co-opted member and a deputy) for inability affecting performance of duty, bankruptcy, or misconduct proved to the satisfaction of the chief executive.

(2) A member of the approval panel (including a deputy) may, at any time, resign by written notice to the chief executive.

(3) A co-opted member of the approval panel may, at any time, resign by written notice to the approval panel (if he or she was co-opted under regulation 52(1)) or by written notice to the chief executive (if he or she was co-opted under regulation 52(3)).

(1) There must be paid out of the departmental bank account operated by the Ministry of Justice, to the members of the approval panel (including co-opted members and deputies), remuneration by way of fees or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the approval panel were a statutory Board within the meaning of that Act.

(2) Nothing in this regulation applies to a person who is a member of the approval panel (including a co-opted member and a deputy) in his or her capacity as an employee or representative of the Ministry of Justice.

(1) In addition to any other powers conferred by these regulations, the approval panel has all the powers that are necessary or expedient to enable the approval panel to perform and exercise its functions and duties.

(2) Without limiting subclause (1), the approval panel may advise the chief executive on ways in which these regulations might be amended to ensure that the criteria and standards for the approval of programme providers and programmes continue to be appropriate and relevant.

(1) Subject to subclause (2), the chairperson presides at each meeting of the approval panel.

(2) Where the chairperson is absent from a meeting of the approval panel or has disclosed some conflict of interest, any person who is appointed under regulation 54 as the deputy of the chairperson and who attends that meeting must preside at that meeting.

(1) Meetings of the approval panel are to be held at such times and places as the chairperson appoints.

(2) The chief executive must provide to the approval panel such administrative assistance as is necessary for the approval panel to carry out its functions.

Subject to regulation 70, at any meeting of the approval panel, the quorum necessary for the transaction of business is the member presiding and 4 other members (including co-opted members).

(1) All decisions of the approval panel require the agreement of two-thirds of the members present at a meeting of the approval panel.

(2) A resolution in writing signed or assented to by letter, facsimile transmission, or otherwise by two-thirds of the members of the approval panel is as valid and effectual as if it had been passed at a meeting of the approval panel duly called and constituted.

(3) Any such resolution may consist of several documents in like form, each signed or purported to have been sent by 1 or more members.

(4) [Revoked]

(1) The approval panel must observe the rules of natural justice.

(2) Subject to these regulations, the approval panel may regulate its procedure in such manner as it thinks fit.

(1) Where—

• (a) a matter is before the approval panel; and

• (b) a member’s past or present relationship with, or interest in, a person to whom that matter relates is likely to involve that member in a conflict of interest,—

that member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose to the approval panel in writing, the nature of that conflict of interest.

(2) A member required by subclause (1) to disclose the nature of a conflict of interest in any matter must not—

• (a) be present during any deliberation of the approval panel with respect to that matter; or

• (b) take part in any decision of the approval panel with respect to that matter,—

unless the approval panel is satisfied that the member may participate without infringing the rules of natural justice.

(3) A member required by subclause (1) to disclose the nature of a conflict of interest in any matter must be disregarded in determining whether or not there is a quorum of the approval panel present for any part of the meeting of the approval panel during which a deliberation or decision of the approval panel relating to the matter takes place or is made.

(4) [Revoked]

(1) If the chief executive has requested an applicant to provide the chief executive with any further information that the chief executive may reasonably require, the applicant must provide that information within 1 month of the chief executive’s request, or within any further period that the chief executive specifies.

(2) If the approval panel has requested an applicant to provide the approval panel with any further information that the approval panel may reasonably require, the applicant must provide that information within 1 month of the approval panel’s request, or within any further period that the approval panel specifies.

(3) If an applicant fails to provide an approval panel or the chief executive, as the case may be, with further information in accordance with subclause (1) or subclause (2), the approval panel or the chief executive, as the case may be, may decide the application on the basis of the available information and must notify the applicant in writing accordingly.

(1) A person may appear before the approval panel on any matter if the panel considers that it would be appropriate to allow that person to appear before the panel.

(2) Subclause (1) is subject to regulation 45.

If an application is made for approval to provide a programme to which regulation 27 applies, the approval panel must not consider or approve that application unless at least 1 of the members who consider the application has expertise in tikanga Māori (including the Māori values and concepts set out in regulation 27).

(1) The chief executive must cause to be kept and maintained a register in which is recorded, in respect of every approval granted under these regulations, the following particulars:

• (a) the name of the programme provider:

• (b) the date on which the approval was granted:

• (c) the nature of the programme and the client group to which the programme relates:

• (d) any conditions imposed in respect of the approval of an individual programme provider and,—

  • (i) if the approval is varied, the date on which the approval is varied; and

  • (ii) if the conditions are discharged, the date on which the conditions are discharged:

• (e) the name of the professional body or organisation of which the programme provider is a member or to which the programme provider is accountable:

• (f) if the approval is cancelled, the date on which the approval is cancelled.

(2) The approval panel must supply to the chief executive the particulars that will enable the chief executive to fulfil the requirements of subclause (1) as soon as practicable after—

• (a) the approval panel has granted an approval; or

• (b) the approval panel has cancelled an approval.

(3) The chief executive—

• (a) must keep the register open for public inspection, without fee, during ordinary office hours at the head office of the Ministry of Justice at Wellington; and

• (b) must supply to any person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy.

(4) The register may be kept in the manner that the chief executive considers appropriate, including, either wholly or partly, by means of a device or facility—

• (a) that records or stores information electronically or by other means; and

• (b) that permits the information so recorded to be readily inspected or reproduced in usable form; and

• (c) that permits the information in the register to be accessed by electronic means, including (without limitation) by means of remote logon access.

(1) An approval of an individual programme provider or an approved agency that is in force at the close of 30 April 2002 does not expire on the date specified in the approval, but instead continues in effect in accordance with regulation 34 (as substituted by regulation 13 of the Domestic Violence (Programmes) Amendment Regulations 2002).

(2) Subject to subclause (3)(b), subclause (1) does not apply if—

• (a) an individual programme provider or an approved agency had received, before the close of 30 April 2002, notice under regulation 45 of a proposed decision to cancel the approval of the provider or agency; and

• (b) no final decision on whether to cancel the approval had been made by the close of 30 April 2002.

(3) If subclause (2) applies,—

• (a) the approval panel that gave notification of the proposed decision to cancel approval must determine whether to cancel that approval (in accordance with the provisions of these regulations as they read before the commencement of the Domestic Violence (Programmes) Amendment Regulations 2002):

• (b) if that approval panel decides not to cancel the approval, the expiry of that approval must be determined in accordance with subclause (1).

(1) Any application made under these regulations for an approval or for a variation of an approval, but not determined before 1 May 2002, may be dealt with by an approval panel established in respect of a region.

(2) For the purposes of subclause (1),—

• (a) an application referred to in that subclause must be dealt with under these regulations as they read before the commencement of the Domestic Violence (Programmes) Amendment Regulations 2002; but

• (b) any approval once granted or varied must subsequently be treated as if it had been granted or varied in accordance with these regulations (as amended by the Domestic Violence (Programmes) Amendment Regulations 2002).

For the purposes of regulations 72 and 73,—

• (a) every approval panel established in respect of a region remains in existence for the purpose of considering and determining an application, or determining whether to confirm or set aside a proposed decision by the panel to cancel an approval, despite the abolition of the panel by the Domestic Violence (Programmes) Amendment Regulations 2002; and

• (b) every person who was a member of an approval panel at the close of 30 April 2002 continues in office for the purpose of considering and determining an application, or determining whether to confirm or set aside a proposed decision by the panel to cancel an approval, despite the abolition of the panel by the Domestic Violence (Programmes) Amendment Regulations 2002 or the expiry of the member’s term of office; and

• (c) subject to regulations 72(3)(b) and 73(2)(b), the principal regulations continue in force as if the Domestic Violence (Programmes) Amendment Regulations 2002 had not been made.

Every application for renewal of an approval that has been made, but not determined, before 1 May 2002 lapses on that date.

Every application made under the principal regulations, on or after 1 May 2002, must be considered and determined under the principal regulations as amended by the Domestic Violence (Programmes) Amendment Regulations 2002.

(1) The chief executive must, as soon as is practicable after 1 May 2002, exercise the powers conferred by regulations 47 and 48 of the principal regulations (as substituted by regulation 22 of the Domestic Violence (Programmes) Amendment Regulations 2002) to appoint members of the approval panel.

(2) Any decision required to be taken by the approval panel under these regulations (as amended by the Domestic Violence (Programmes) Amendment Regulations 2002) may be deferred until the appointment of the members of the approval panel referred to in subclause (1) takes effect.