Interpersonal Violence Disclosure Protocol

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On November 1, 2023, Newfoundland and Labrador enacted Regulation 83/23, officially titled the Interpersonal Violence Disclosure Protocol Regulations. This legislation is part of the broader Interpersonal Violence Disclosure Protocol Act, which seeks to address interpersonal violence—defined as acts of violence or threats within intimate partner relationships. The regulations were filed under the authority of section 9 of the Act.

The regulations provide clear definitions for key terms. The “Act” refers to the Interpersonal Violence Disclosure Protocol Act, while “Department” indicates the government department led by the relevant minister. “Interpersonal Violence” encompasses various forms of violence or threats in intimate relationships, including physical, sexual, and emotional abuse, as well as criminal harassment and control over a partner’s movements or finances. An “Intimate Partner Relationship” is defined as a current or former relationship characterized by physical or emotional intimacy. The term “Parent” includes biological parents, adoptive parents, those with lawful custody, and individuals who demonstrate an intent to treat a child as part of their family.

The regulations specify who may apply for disclosure, identifying two primary groups: parents of individuals under 16 who believe there is a risk of interpersonal violence, and guardians of individuals legally declared lacking capacity under similar circumstances. “Disclosure Information” is defined as the assessment of risk for interpersonal violence, which may involve personal details concerning the individual at risk. A “Person at Risk” includes individuals identified by police as at risk of interpersonal violence, as well as their parents or guardians when the individual is under 16 or declared lacking capacity by a court.

The regulation outlines who can assist or make an application on behalf of an applicant with their written consent. This includes a variety of professionals, such as legal members, police officers, medical practitioners, registered nurses, psychologists, social workers, representatives from Indigenous governments or organizations, and support agency representatives. The regulation adopts the “Interpersonal Violence Disclosure Protocol,” prepared by the department as of November 2, 2023, with the minister responsible for making the protocol public, including online accessibility.

By establishing a formal disclosure process and allowing various stakeholders to participate, the regulations are intended to assist both victims and concerned individuals to seek help. By clearly defining roles and processes, the regulations foster collaboration among professionals in healthcare, law enforcement, and social services.

Newfoundland and Labrador (83/23) November 1, 2023