Implementing Regulations for the Act of 26 septembre 2017 on the Organisation of the Prevention and Combat of Domestic Violence (RLOVD) - Definitions (RLOVD)

1. This Regulation specifies the implementing provisions of the Act of 26 September 2017 on the organization of the prevention of and the fight against domestic violence (hereinafter: the Act) [A] and notably regulates

a. the tasks and powers of the Office for Gender Equality (hereinafter: OGE) in matters of domestic violence;

b. the composition, responsibilities, and operation of the Inter-service Directorate and the Cantonal Commission for Combating Domestic Violence (hereinafter: CCCDV);

c. the operation and procedure for the coordinated management of high-risk situations;

d. the modalities for carrying out the mandatory socio-educational interview;

e. the management of the events register.

1. The BEFH is the coordinating body for combating domestic violence.

2. Its mission includes

a. initiating prevention and awareness programs, in collaboration with the authorities and services concerned;

b. supporting projects and organizations combating domestic violence;

c. supporting and developing the Vaud network against domestic violence;

d. organizing and encouraging the training and professional development of individuals who may be confronted with domestic violence in their professional activities;

e. ensuring the proper implementation of the procedures provided for by law [A] and their evaluation;

f. ensuring the collection of data for statistical purposes in accordance with Article 15 of the law;

g. guaranteeing the completion of the evaluation of the law provided for by Article 16 of the law.

1. The Interdepartmental Directorate is chaired by the Cantonal Delegate for Equality. The BEFH provides its secretariat. The Interdepartmental Directorate meets at least twice a year upon convocation by the chair.

2. Upon proposal by the hierarchy of the authorities and services concerned, the Council of State designates the other members of the Interdepartmental Directorate, representing

a. the service responsible for social welfare and assistance;

b. the Directorate-General for Childhood and Youth;

c. the Cantonal Police;

d. the Public Prosecutor's Office;

e. potentially, other relevant services.

3. The Interdepartmental Directorate ensures the implementation and funding of the guidelines for combating domestic violence defined by the Council of State. To this end, it may take into account the proposals of the CCLVD in its decisions.

1. Upon proposal of the BEFH, the Council of State shall appoint, at the beginning of each legislative period, the members of the CCLVD, ensuring that the main concerned circles are represented. The mandate is renewable. In case of resignation or vacancy, the Council of State shall proceed with the necessary replacement.

2. The CCLVD shall comprise nine to twenty members, possessing competencies and experience notably in the following fields

a. domestic violence;

b. victim support;

c. child protection;

d. work with perpetrators of domestic violence;

e. health;

f. social services;

g. public safety;

h. justice.

3. The presidency of the CCLVD shall be held by the Cantonal Delegate for Equality. She shall manage communication and represent the CCLVD. She shall define the topics to be addressed as well as the agenda for meetings. The secretariat of the CCLVD shall be provided by the BEFH.

4. The CCLVD shall meet at least twice a year. For the remainder, it shall organize itself independently.

5. The CCLVD shall promote, in particular, interinstitutional collaboration and the exchange of best practices. It shall enable coordinated action by the various organizations and individuals involved in the fight against domestic violence. It shall submit proposals to the Interdepartmental Directorate.

6. The CCLVD may be seized of a matter of general or particular scope by the Council of State, by the Interdepartmental Directorate, or by an institution. The CCLVD may itself take up any question concerning domestic violence.

7. The CCLVD may, if necessary, request external expert opinions.

8. The remuneration of the members of the CCLVD shall be set in accordance with the provisions of the Order of October 19, 1977, on commissions [B].

9. Any person participating in or attending the meetings of the CCLVD is bound by official secrecy.

1. The police immediately take charge of domestic violence situations that are reported to them, in which an individual's life, physical, mental, or sexual integrity is seriously and imminently endangered.

1. If the support for the perpetrator, the victim, or the persons concerned appears insufficient in a high-risk situation within the meaning of Article 10 of Law [A], the coordinated high-risk situation support platform (hereinafter: the platform) may be activated, upon request by one of its members.

2. The platform is composed of state services and organizations which, in the exercise of their duties, are led to deploy interventions in situations of domestic violence, namely

a. The Cantonal Police;

b. The Directorate General for Children and Youth;

c. The LAVI Centre, if the person concerned consents;

d. The Malley Prairie Reception Centre;

e. The Ale Prevention Centre;

f. The Violence Medicine Unit, if the person concerned consents.

3. The members of the platform meet to examine the high-risk situation and evaluate the measures that each mandated service or organization can take within its own area of competence.

4. The operational procedures of the platform will be specified by directive.

5. The members of the platform transmit to the BEFH at least once a year an anonymized table of the situations processed.

6. The BEFH and the members of the platform meet at least once a year to conduct an analysis of the effectiveness of the actions deployed during the past year.

1. The BEFH, based on the information provided by the platform, informs the Interservice Direction of the monitored situations and the measures taken at least once a year.

1. The data exchanged during the platform's operations is used exclusively for monitoring the reported situation.

2. The platform member who is in contact with the victim or the perpetrator informs them in writing that data concerning them has been processed and for what purpose. This information must be provided within one year of the report, unless it risks compromising a criminal investigation or if a prevailing private interest requires it, particularly if the information could jeopardize the victim's safety.

3. Data concerning personal situations is kept under lock and key or in a secure electronic file. A logging of electronic accesses is implemented.

4. Only individuals responsible for the case can access it, according to the internal guidelines of each service or organization member of the platform.

5. Personal data is destroyed as soon as it is no longer necessary, in any case, no later than ten years after the report, subject to specific legal provisions regarding data retention, particularly in relation to their archiving.

1. When an eviction is ordered by the judicial police, the police body carrying out the intervention shall transmit the contact details of the evicted person to the authorized organization responsible for the management of domestic violence perpetrators (hereinafter: the authorized organization) within 24 hours.

2. The communication shall include the name, first name, telephone number, a valid postal address, and, where applicable, an email address of the evicted person.

1. The designated authority shall contact the expelled person within three working days.

1. The court registry communicates the order issued pursuant to Article 50, paragraph 1 of the Vaud Code of Private Judicial Law [C] to the competent authority.

2. The competent authority regularly informs the registry of the establishment of contact and the scheduling of the date or dates for the socio-educational interviews.

1. The Council of State, upon the proposal of the department responsible for health and social action, designates an authorized organization to receive expelled individuals for socio-educational interviews.

2. The department responsible for health and social action may issue directives outlining the conditions that the organization must meet to be authorized.

1. The socio-educational interview must particularly allow the expelled person to evaluate their situation, inform them of the consequences of the violence for the victim, themselves, as well as their relatives, and guide them towards suitable support for their situation, with the aim of stopping the acts of violence.

1. The number of interviews is contingent upon achieving the objectives specified in Article 13. It shall not exceed three.

1. In the event of an absence without reasonable cause from a mandatory interview, the authorized body reports the expelled person to the Public Prosecutor's Office.

1. In the event of an eviction, socio-educational consultations are free of charge.

1. The centralized and anonymous register of domestic violence incidents is maintained by the BEFH and its purpose is to establish statistics.

2. The BEFH may delegate the task of processing these anonymized statistical data to an independent institute or observatory.

1. The partners designated in Article 15 of Law [A] transmit data already anonymized to the BEFH.

2. The transmission of data is in principle carried out at least once a year.

1. The Department of Territory and Environment is responsible for the implementation of this regulation, which comes into force on November 1, 2018.