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Arrangement of Regulations
Regulations
Report of Domestic Violence to
Police
1.Filing
of complaint
2.Police
assistance
3.Referral
of victims by police
Medical Care
4. Medical care
Protection Orders
5.Application
for protection order
6.Interim
protection order
7.Grant
of protection order
8.Application
for occupation order
9.Contravention
of protection order
10.Variation
or discharge of protection order
Education, Training and
Counselling
11.Registration
of trainers
12.Requirement
for registration as a trainer of
trainers
13.Requirement
for registration as a general
trainer
14.Accreditation
of trainers
15.Certifying
authority
16.Renewal
of accreditation
17.Withdrawal
of accreditation
18.Monitoring
of trainers
Training Manuals and Training
Programme
19.Training
manuals
20.Training
programme
21.Community
education and training
Registration and Accreditation
of Counsellors
22. Registration of counsellors
DOMESTIC VIOLENCE REGULATIONS
2016
23.Requirement
for registration as a category
"Pl' counsellor
24.Requirement
for registration as a category
"B" counsellor
25.Accreditation
of counsellors
26.Renewal
of accreditation
28. Requirement for counselling
28. Accreditation of
intervention programmes
Shelter and Social Welfare
Services
29.Location.
of shelter
30.Structure
of shelter
31.Establishment
of shelter
32.Management
of shelter
33.Competence
of staff of shelter
34.Operation
of shelter
35.Documentation
and record keeping
Rescue, Rehabilitation
Reintegration and Settlement
36.Rescue
of abused person
37.Temporary
care and protection
Financial Matters
38.Accessing
Victims of Domestic Violence
Support Fund
39.Grant
of application
40.Rejection
of application
41.Appeal
Miscellaneous
42.Reconciliation
43.Publication
of proceedings
44.Offences
45.Interpretation
46.Transitional
provision
SCHEDULE
Application Forms
IN exercise of the power
conferred on the Minister
responsible for Justice by
section 41 of the Domestic
Violence Act, 2007 (Act 732),
and on the advice of the
Minister responsible for Gender,
Children and Social Protection,
these Regulations are made this
18th day of March, 2016.
Report of Domestic Violence to
Police
Filing of complaint
1. (1) A person who files a
complaint about domestic
violence at a police station
shall provide the information as
set out in Form 1 of the
Schedule.
(2) A Police Officer who
receives a complaint about
domestic violence shall record
the complaint in the form set
out in Form 1 of the Schedule,
in addition to the standard
police statement form.
(3) Where the complainant is the
victim of the domestic violence,
the Police shall issue the
complainant with a medical form
set out in Form 2 of the
Schedule to assist the victim
access the necessary medical
care.
Police assistance
2.
(1) A police officer who is
assigned to receive a complaint
about domestic violence shall
(a)
assist the victim to obtain
medical treatment where
necessary;
(b)
convey the victim to the place
of abode of the victim to
retrieve the personal belongings
of the victim if required;
and
(c)
direct or where necessary convey
the victim to a place of safety.
(2) The police officer shall
record the assistance given in
the form set out in Form 1 of
the Schedule.
Referral of
victims by Police
3.
(1) A police officer shall,
after preliminary investigations
are completed, refer a victim of
domestic violence to the
Department of Social Welfare or
an accredited service provider
to determine and arrange for the
training and counselling of that
victim.
(2) The Department of Social
Welfare or the service provider
may provide the victim with the
required support.
Requirement
for registration as a trainer
of trainers
12.
(1) A person qualifies to be
registered as a trainer of
trainers if that person
possesses
(a)
a minimum of a first degree
qualification in any of the
following:
(i) psychology;
(ii) social work;
(iii) law;
(iv) gender studies;
(v) human rights;
(vi) relevant field of medicine;
(vii) religion; and
(b)
five years experience in the
relevant subject area of
domestic violence.
(2) An institutional or
workplace trainer who seeks to
register as a trainer of
trainers shall
. (a)
be registered with defined and
specific objectives related to
domestic violence issues; and
(b)
have the appropriate structure
and systems to ensure the
requisite training.
(3) A person who satisfies the
requirement under subregulations
(1) and (2) shall
(a)
complete an application form as
set out in Form 12 of the
Schedule and provide the
supporting documents required by
the Management Board; and
(b)
pay the fee determined by the
Management Board.
Requirement for registration as
a general trainer
13.
(1) A person qualifies to be
registered and accredited as a
general trainer if that person
possesses a minimum of a first
degree with three years
professional experience in at
least one of the following:
(a)
psychology;
(b)
social work
(c)
law;
(d)
gender studies;
(e)
human rights;
(f)
medicine;
(g)
religion; or
(h)
has the relevant experience as a
police officer.
(2) An institutional or
workplace trainer that seeks to
be registered as a general
trainer shall
(a)
be registered with defined and
specific objectives related to
domestic violence issues; and
(b)
have the appropriate structure
and systems to ensure the
requisite training.
(3) A person who satisfies the
requirement under subregulations
(1) or (2) shall
(a)
complete an application form as
set out in Form 13 of the
Schedule and provide the
supporting documents required by
the Management Board; and
(b)
pay the fee determined by the
Management Board.
Accreditation of trainers
14.
(1) The Management Board shall,
for the purpose of ensuring
quality service delivery,
accredit a registered trainer
who qualifies to provide
services as a trainer of
persons.
(2) The accreditation shall be
(a)
in the specific area of
expertise of the trainer; and
(b)
for a period of five years or
any other period specified by
the Management Board.
Certifying authority
15.
(1) The Management Board is the
sole certifying and
accreditation Authority under
the Domestic Violence Act and
these Regulations.
(2) Certificates issued by the
Management Board shall be signed
by the chairperson or a member
designated by the chairperson
for that purpose and the officer
in charge of the training.
Renewal of accreditation
16.
A trainer of trainers may apply
to the Management Board for the
renewal of accreditation at
least thirty days before the
expiration of the accreditation.
(2) An application for renewal
of accreditation shall be
considered
(a)
where the trainer is actively
engaged in ongoing professional
development that reflects the
current trends in a field that
relates to domestic violence
matters; or
(b)
after the trainer has undergone
a refresher course on new trends
in the field of study that
relate to domestic violence
matters and human rights as
prescribed by the Management
Board.
Withdrawal of accreditation
17.
The Management Board may
withdraw accreditation of a
certified trainer who does not
comply with the specified
standards and procedure.
Monitoring of trainers
18.
To regulate and maintain
standards, the Management Board
(a)
shall keep and maintain a
register of certified trainers
in the country; and .
(b)
monitor the performance of the
trainers to ensure that the
trainers comply with the
standards and procedures deter-
mined by the Management Board .
. Training Manuals and Training
Programme
Training manuals
19.
(1) The Ministry shall, in
consultation with the Ministries
of the Interior, Local
Government and Health, the
Department of Social Welfare,
the Judicial Service and
relevant civil society
organisations, develop standard
training manuals for the
training of personnel of the
Police Service and other
relevant agencies, victims and
perpetrators of domestic
violence.
(2) The training manuals shall
specify the core subjects to be
studied and the duration of the
training for the specified
trainees.
(3) The Management Board shall
ensure that accredited trifuers
provide training as prescribed
in the training manuals to the
trainees.
Training programme
20.
(1) The Management Board shall
in consultation with relevant
institutions ensure that
training on domestic violence is
incorporated into the curriculum
for Court officials, judges, the
Police and at institutions of
social work.
(2) The Department of Social
Welfare in consultation with the
Management Board and other
accredited bodies shall
determine the training needs of
a victim or a perpetrator who is
referred for training by a Court
or by a counsellor.
Community education and training
21. (1) The Ministry shall, in
collaboration with the
Information Services Department,
the Ministry of Education and
the Ministry of Local Government
and Rural Development, develop
institutional and non-
institutional training
programmes in domestic violence
issues for communities across
the country.
(2) The object of the community
education and training is to
sensitise and inform community
members about domestic violence.
(3) The Ministry shall ensure
that the training programme in
the communities
(a)
enables a person to identify
issues of violence;
(b)
equips a victim with the
techniques for dealing with
domestic violence and provides
the victim with support to deal
with violence and other
difficult situations;
(c)
equips a victim with skills to
enable the victim to attain
reasonable economic and social
independence;
(d)
sensitises a perpetrator on
domestic violence issues and
offer counselling and training
where appropriate.
Registration and Accreditation
of Counsellors
Registration of counsellors
22. (1) A person shall' not
operate as a domestic violence
counsellor unless the person is
registered by the Management
Board.
(2) A person who seeks to be
registered as a counsellor shall
apply to the Management Board to
register as a category rA" or a
category "B" counsellor.
Requirement for registration as
a category "A" counsellor
23. (1) A person qualifies to be
registered as a category i'A"
counsellor if that person
(a)
is registered by the Ghana
Psychology Council as a
psychologist;
(b)
passes a test on the knowledge
of domestic violence and sexual
and gender based violence issues
conducted by the Management
Board; and
(c)
pays the fee determined by the
Management Board.
(2) The Management Board may
exempt a person from taking the
prescribed examinations, on the
basis of appropriate
qualifications and experience.
Requirement for registration
as a category "B"
counsellor
24.
(1) A person qualifies to be
registered as a category "B"
counsellor if that person
(a)
is trained and certified in a
specific area of expertise in
domestic violence counseling
which may include perpetrator
counseling, victim counselling,
trauma management and
anger management;
(b)
is registered by the Ghana
Psychology Council as a
psychologist assistant or
paraprofessional; ,
(c)
passes the prescribed
examination on domestic violence
and related matters conducted by
the Management Board; and
(d)
pays the fees determined by the
Management Board.
(2) The Management Board may
exempt a person from taking the
prescribed examination on the
basis of appropriate
qualification and expenence.
Accreditation of counsellors
25.
(1) A person who satisfies the
requirements under regulation 23
or 24 shall
(a)
apply to the Management Board
for accreditation, as set out in
Forms 14 and 15 respectively of
the Schedule and provide the
supporting documents determined
by the Management Board; and
(b)
pay the prescribed fee.
(2) Where the Management Board
is satisfied that the counsellor
has satisfied the requirements
specified under regulation 23 or
24 the Management Board shall
grant the accreditation
(a)
for a period of five years to a
category "A' counsellor;
(b)
for a period of three years to a
category "B" counsellor; or
(c)
for any other period determined
by the Management Board.
, (3) The Management Board may
withdraw the accreditation of a
registered counsellor who does
not comply with the specified
standards and procedures.
Renewal of accreditation
. 26. A person who has
been granted accreditation by
the Management Board as a
categoory A or B counsellor may
apply for a renewal of the
accreditation at least thirty
days before the expiration of
the accreditation.
Requirement for counselling
27.
(1) A referral by the Court in
consultation with the Department
of Social Welfare of a
respondent, victim or both to an
accredited counsellor shall be
made as set out in Form 16A of
the Schedule.
(2) Where the Court, in
accordance with section
24(2)(b) of the Act, refers
a case to a psychiatrist for
evaluation, the psychiatrist
shall complete a form as set out
in Form 16B of the Schedule.
(3) A police officer may, after
preliminary investigations are
completed, refer a victim or a
perpetrator to the Department of
Social Welfare for counselling
as appropriate.
(4) A shelter operator or
manager may refer a victim to
the Department of SOG.l~1
Welfare for counselling if
required.
(5) The counsellor shall provide
counselling to the victim or the
perpetrator and report to the
Court or the Management Board
with any specific
recommendations.
Accreditation of intervention
programmes
28.
(1) A person seeking to
introduce an intervention
programme in domestic violence
shall apply to the Management
Board for accreditation.
(2) The application for
accreditation shall be as set
out in Form 17 of the Schedule.
Shelter and Social Welfare
Services
Location of shelter
29.
A shelter shall be located in a
safe community and shall be
relatively distant from a major
road.
Structure of shelter
30.
(1) A shelter shall have a
design which blends in with the
general design and structure of
buildings in the community.
(2) A standard shelter shall
consist of a minimum of four
bedrooms with adequate toilet
and bath facilities.
Establishment of shelter
31. (1) The Management Board
shall be the licensing authority
for the establishment anti
operation of a private shelter.
(2) A person who seeks to
establish and operate a private
shelter shall apply to the
Management Board in the manner
set out in Form 18 of the
Schedule
(3) A registered
non-governmental organisation
whose mandate includes shelter
services may be authorised by
the Management Board to
establish and operate a shelter.
(4) A person shall not establish
and operate a shelter unless the
person has been granted a
licence by the Management Board
to operate a shelter.
(5) The Department of Social
Welfare and the Management Board
may collaborate with
Metropolitan, Municipal and
District Assemblies to establish
and operate State shelters under
these Regulations.
Management of shelter
32. (1) A shelter shall have at
least
(a)
one manager,
(b)
one social worker,
(c)
one house mother,
(d)
one secretary or receptionist,
(e)
one assistant cook,
(f)
one driver, and
(g)
two security men.
(2) The manager is responsible
for the day to day
administration of the shelter.
(3) A medical officer and a
psychologist shall be assigned
by the Management Board to a
shelter to render medical
services required.
(4) The operator of a private
shelter shall ensure that there
is a medical doctor and a
psychologist on call at a
shelter at all times.
Competence of staff of shelter
33. (1) In addition to the
academic qualification, staff of
the shelter shall have training
in domestic violence and care
and support for victims of
domestic violence.
(2) The Management Board shall
carry out thorough security
checks into the background of a
person prior to the appointment
of that person as a staff of a
shelter.
(3) There shall be regular
capacity building programmes for
staff of the shelter as
determined by the Management
Board.
Operation of shelter
34.
(1) The Management Board, in
collaboration with the
Department of Social Welfare and
the Ministry of Local Government
shall direct and co-ordinate the
operation of shelters across the
country.
(2) For the purpose of
evaluating and monitoring the
operation of the shelters, the
Management Board shall establish
a Review Committee consisting of
(a)
a social worker of the
Department of Social Welfare;
(b)
one other Social Welfare
Officer;
(c)
one representative of the
Ministry of Local Government;
(d)
one officer from the Domestic
Violence and Victims
Support Unit of the Ghana Police
Service; and
(e)
one representative of civil
society organisations nominated
by the Domestic Violence
Coalition.
(3) A victim shall not stay in a
shelter for 'a period exceeding
six months unless the Review
Committee recommends an
extension.
Documentation and record keeping
35.
(1) The operator of a shelter
shall keep a record on every
victim of domestic violence in
the shelter indicating
(a)
name, date of birth, and sex;
(b)
details of referring authority,
including date of referral;
(c).
reason for the referral;
(d)
date of admission;
(e)
date of departure;
(f)
type of abuse suffered;
(g)
physical and mental condition
upon admission;
(h)
basic information on the family
of the victim and location;
(z)
services provided;
(j)
details of person who conveyed
the victim to the shelter; and
(k)
any other relevant information.
(2) Where an operator is not
able to secure the basic
information required in
paragraph (h) of
subregulation (1), the operator
shall apply to the Department of
Social Welfare for assistance.
(3) The record shall be updated
regularly as appropriate and
shall .include information on
names of persons who visit the
victim and progressive update on
the victims physical and mental
health.
(4) The records of victims shall
be confidential.
(5) An operator of a shelter
shall, by the 30th of January of
each year submit to the
Management Board an annual
report covering the activities
of the shelter in the preceding
year as set out in Form 19 of
the Schedule.
Rescue, Rehabilitation
Reintegration and Settlement
Rescue of abused person
36.
(1) A person who has reasonable
grounds to believe that another
person is a victim of domestic
violence, shall report the abuse
to the Police and where it is
safe to do so, remove the victim
from the place of abuse and send
the victim to a police station.
(2) A police officer who
receives a report of an abuse
shall
(a)
assess the immediate needs of
the victim;
(b)
refer the victim for medical
care as appropriate; and
(c)
consult the Department of Social
Welfare and transfer the victim
to a shelter as appropriate.
(3) A social worker who receives
a report of an abuse shall
(a)
remove the victim from the place
of abuse;
(b)
file a complaint with the
Police; and
(c)
secure a -care order from the
court in respect of a child
victim within seven days of
removal of the child from the
place of abuse.
(4) A medical personnel who has
reasonable grounds to believe
that a person is a victim of
domestic violence shall provide
the victim with the required
medical service and notify the
Police or file a complaint with
the Police on behalf of the
victim. .
(5) A teacher who has reasonable
grounds to believe that a person
is a victim of domestic violence
shall notify the Police or the
Department of Social Welfare.
(6) Where necessary, the Police
in collaboration with the
Management Board and the
Department of Social Welfare may
enter premises to rescue a
victim.
(7) In each case of domestic
violence, the welfare of the
victim is of paramount interest.
(8) 'A person who rescues a
victim of domestic violence is
not responsible for
interventions in relation to the
victim.
Temporary care and protection
37. (1) An operator of a shelter
shall provide temporary basic
material support including food,
access to health care and
shelter for the care and
protection of a victim.
(2) The shelter operator shall
ensure that the victim is
provided
with psycho-social services as
appropriate which may include
(a)
counselling,
(b)
trauma counselling,
(c)
anger management,
(d)
education, and
(e)
training
and shall collaborate with the
Department of Social Welfare to
offer training and assist the
victim to reintegrate into
society as a productive citizen.
(3) A social worker acting on
the authority of the Department
of Social Welfare shall
determine the best interest of a
victim in relation to
reintegration and resettlement
and may
(a)
recommend a programme of skills
training and education as
appropriate, and
(b)
ensure the supervision and
physical protection of the
victim during the integration.
(4) An officer appointed by the
Department of Social Welfare for
the purposes of resettlement
shall, in collaboration with the
Management Board,
(a)
resettle a child victim with the
family of that child,
(b)
where a settlement with the
family of the child is not in
the best interest of the child;
determine the best alternative
care for the child;
(c)
ensure that an adult victim is
equipped with an employable
skill as appropriate, or
(d)
provide an adult victim with a
package that would enable the
victim to engage in an economic
activity.
(2) Where necessary, the
Management Board in consultation
with the Department of Social
Welfare may relocate a victim
from one community to another
and assist the victim to
integrate into that other
community. .
Financial Matters
Accessing Victims of Domestic
Violence Support Fund
38.
(1) A victim of domestic
violence who has reported an
abuse to the Police and is
certified by a counsellor or
service provider to be in need;
or a representative of that
victim may apply to the
Management Board to access the
Victims of Domestic Violence
Support Fund.
(2) The application to the
Management Board shall be made
within the year of suffering the
abuse and in the manner set out
in Form 2.0 of the Schedule.
(3) A child victim or an
illiterate person may apply
through a next friend who shall
indicate that the next friend is
fit to receive the funds for the
benefit of the child victim.
(4) A person who offers
teaching, counselling, shelter
services or other domestic
violence services may apply for
funding to undertake an activity
in domestic violence with a full
project proposal setting out
(a)
the background;
(b)
justification;
(c)
aims and objectives;
(d)
methodology including work plan;
and
(e)
detailed budget with the request
for medical support being in
accordance with the price list
of the Ghana Health Service or
invoice from a private medical
facility.
(5) The application shall be in
the manner set out in Form 21 of
the Schedule and shall be·
accompanied with documents that
the Management Board shall
determine.
Grant of application
·39.
(1) Where the Management Board
is satisfied that the applicant
has complied with the
requirements, the Management
Board shall within thirty days
after receiving the application
approve the application and
notify the applicant.
(2) The Management Board shall
within thirty days after
approval of the application make
the funds available to the
applicant.
(3) A beneficiary of the Fund
shall, within six months of
receiving the funds, furnish the
Management Board with a written
report on the use of the funds
received.
Rejection of application
40. (1) The Management Board
shall not grant an application
if
(a)
the application is made by a
person who is not eligible under
regulation 38;
(b)
the purpose for which the funds
is requested is not provided for
under section 30 of the Act; or
(c)
the application is not made in
the form prescribed in these
Regulations.
(2) Where the Management Board
rejects an application, the
Management Board shall within
thirty days give notice in
writing of the rejection to the
applicant, stating the reasons.
Appeal
41. (1) A person whose
application to access the fund
is rejected may apply to the
Management Board for a review of
the decision of the Management
Board and shall do so within
sixty days of receiving the
decision.
(2) The Management Board shall
on receipt of the application
consider the application within
thirty days and make a decision.
(3) The Management Board shall,
within fourteen days after
consideration of the application
give notice of the decision to
the applicant.
(4) An applicant who is
dissatisfied with the decision
of the Management Board may
pursue the matter in Court.
(5) Where the appeal is
successful, the Management Board
shall within thirty days of the
decision of the Court make the
funds available to the
applicant.
Miscellaneous Provisions
Reconciliation
42. (1) A Court, for the purpose
of facilitating reconciliation
between ' a complainant and an
accused person may refer a
matter for settlement out of
Court.
(2) A settlement out of court
shall be' in accordance with the
Alternate Dispute Resolution
Act, 2010, (Act 798).
(3) A court may, in addition to
referring parties to settlement,
refer parties to counselling.
Publication of proceedings
43. A complainant may apply to
the Court in the manner set out
in Form 22 of the Schedule, to
request for permission to
publish the report of the
proceedings of a case of
domestic violence.
Offences
44. (1) A person who
(a)
offers training without the
requisite registration and
accredi- tation;
(b)
contravenes regulation 22(1) and
operates as a domestic violence
counsellor without the requisite
registration and accreditation
commits an offence and is liable
on summary conviction to a fine
of not less than five penalty
units and not more than five
hundred penalty units or to a
term of imprisonment of not less
than one month and not more than
two years or to both.
(2) An operator of a shelter who
contravenes the rules of
operation commits an offence and
is liable on summary conviction
to a fine of not less than five
penalty units and not more than
five hundred penalty units or to
a term of imprisonment of not
less than one month and not more
than two years or to both.
Interpretation
45. In these Regulations, unless
the context otherwise requires,
"abused person" means a person
who has been subjected to an act
of domestic violence as set out
in the Act;
"counsellor" means a person
trained to give guidance on
personal, social, or
psychological problems;
"domestic violence services"
means a wide range of services
designed to support victims of
domestic abuse;
"Management Board" means Victims
of Domestic Violence Management
Board established under section
35 of the Act;
"medical facility" means a place
providing medical care and
includes a hospital, clinic,
health care center, or a
psychiatric care center; .
"medical personnel" means
physician, physician's
assistant, nurse, emergency
medical officer, or a person
authorised under law to collect
specimens for laboratory
testing;
"psychiatrist" means a medical
practitioner or physician
specialising in the diagnosis
and treatment of mental illness;
"psychologist" means a person
with a graduate training in
psychology from an accredited
university or professional
school;
"Secretariat" means the
Secretariat of the Management
Board established under section
40 of the Act;
"service provider" means an
accredited organisation or
individual that provides
counseling, shelter and legal
assistance or incidental
services for victims of domestic
violence; and
"shelter" means a place of
temporary refuge and support for
victims or persons escaping
domestic violence and other
abusive situations.
Transitional provision
.
44.
An existing shelter in operation
before the coming into force of
these Regulations may continue
to operate subject to
(a)
the inspection by the Management
Board, of the facilities of the
shelter; and.
(b)
the accreditation by the
Management Board for purposes of
operation.
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