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Family Violence Protection Amendment
Bill 2014
Amended Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the commencement of the Bill. The provisions of
this Bill commence on 18 September 2015, if they are not
proclaimed to commence earlier.
The default commencement date is just over 12 months after the
introduction of the Bill to ensure that justice agencies have
sufficient time to complete all the implementation activities that
are necessary for the reforms to commence, in particular the new
process to provide for interim orders to become final without
further hearing.
PART 2--AMENDMENT OF FAMILY VIOLENCE
PROTECTION ACT 2008
Clause 3 inserts new definitions of finalisation condition and working day
and substitutes the definition of publish in section 4 of the
Family Violence Protection Act 2008.
The existing definition of publish in the Family Violence
Protection Act 2008 provides that publish "means publish in any
newspaper; or publish by means of television, radio or the
internet". This definition is too narrow to achieve its original
policy objective to ensure those seeking protection through the
legal system had their privacy protected, and that victims were
not dissuaded from seeking protection because of fear of public
571438 1 BILL LC AMENDED 17/9/2014
exposure, particularly where they or their family member has a
public profile. The new definition will achieve this objective and
better reflect how the publication restrictions in Part 8 of the
Family Violence Protection Act 2008 have been applied in
practice.
The definition is aimed at broad and public dissemination of
information and the new definition of publish will not limit the
lawful exchange of information that occurs between and amongst
government and non-government agencies in the normal course
of their work providing protection, services or support programs
to the parties, the purpose of which is to ensure the safety of
affected family members and their children.
Clause 4 amends the definition of final order in subsection (2) of
section 11 of the Family Violence Protection Act 2008 so
that it includes final orders taken to have been made under new
section 78A.
Clause 5 repeals paragraph (f) of section 24 of the Family Violence
Protection Act 2008, which limits when a police officer
responding to a family violence incident may apply to a Sergeant
or a higher rank officer for a family violence safety notice
(FVSN) to before 9.00am or after 5.00pm on a weekday, or on a
weekend or public holiday. The effect of this amendment is that
a Sergeant or a higher rank officer may issue a FVSN at any time
of the day on any day of the week.
Clause 6 substitutes subsection (3) of section 31 of the Family Violence
Protection Act 2008 so that the first mention date for an
application for a family violence intervention order (FVIO)
commenced by FVSN is extended to 5 working days after the
notice is served on the respondent.
Clause 7 substitutes subsection (4) of section 44 of the Family Violence
Protection Act 2008.
Section 44 allows a police officer who intends to make an FVIO
application and is seeking an interim order to make the
application by telephone, fax or other electronic communication
if the application is made either outside of court hours or from a
remote location.
2
Existing subsection (4) requires the police officer to file an
application made by such means with the court before the first
mention date for the application. New subsection (4) updates this
requirement to provide that where the interim order includes a
finalisation condition the application must be filed as soon as
practicable and in any other case before the first mention date for
the application.
Clause 8 inserts new sections 56A to 56C in the Family Violence
Protection Act 2008. These sections establish a new process
under which an interim order may become a final order without
further hearing.
Subsection (1) of section 56A provides that, subject to
section 56C, if the court makes an interim order it may include a
condition (finalisation condition) providing that the interim
order becomes a final order, with the same conditions as the
interim order, 28 days after being served on the respondent.
The court may include a finalisation condition in an interim order
if satisfied that it would be appropriate in all of the circumstances
of the case to include such a condition.
Subsection (2) of section 56A sets out a list of non-exhaustive
factors that the court must have regard to in considering whether
it is appropriate to include a finalisation condition. These are set
out in the paragraphs in subsection (2). Broadly, these factors
relate to the vulnerability of the affected family member and to
the legal complexity of a matter and are indicators that the
continued involvement of the court may be warranted in finally
determining the FVIO application.
Paragraph (a) refers to whether there is a history of family
violence.
Paragraph (b) refers to the existence of recognised family
violence risk factors. There are a number of evidence based risk
factors relevant to determining the risk of family violence
reoccurring or escalating. These include certain characteristics
relating to the victim, the perpetrator, or their relationship.
Paragraph (c) refers to the existence of--
· other proceedings between the parties under the Family
Violence Protection Act 2008; or
3
· other proceedings between the affected family member
and any other persons under the Family Violence
Protection Act 2008; or
· other legal proceedings that may affect the conditions or
operation of the FVIO (e.g. proceedings relating to a
child protection order, Family Law Act proceedings or
criminal proceedings).
Paragraph (d) refers to the views of the police officer or other
person (if applicable) who made the application for the affected
family member as to the inclusion of the finalisation condition.
The paragraph that follows refers to whether the affected family
member has obtained legal advice.
The paragraph that follows refers to whether the giving or service
of the interim order and the giving of the explanation of the
interim order under section 57(1) will enable the particular
affected family member and respondent to sufficiently
understand the matters set out in section 57(1).
The paragraph that follows refers to the existence of factors
making it desirable that the particular respondent attend a hearing
for the final order.
A court that is making an interim order must consider risk factors
like those in paragraphs (a) and (b) in deciding if it is satisfied
that including a finalisation condition is appropriate in all the
circumstances. It must also consider other matters such as the
existence of other legal proceedings and how these might interact
with any order that the court might decide to make. Further, the
police officer making the FVIO application on behalf of the
affected family member may have a view as to the inclusion of a
finalisation condition in the particular case.
For example, a court making an interim order may consider that
the circumstances of the parties are likely to change substantially
in the coming weeks due to pending court proceedings or medical
assessments and accordingly, in all the circumstances it would be
prudent for the court to reconsider the application and the
conditions on any future final order once the parties'
circumstances are more settled.
Another example might be where a magistrate is making an
interim order in circumstances where there has been a history of
family violence and that violence appears to have escalated in
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recent days. There may also be relevant family violence risk
factors present that might suggest further escalation of violence is
possible. In such circumstances, a magistrate might want the
application to return to court for final determination to ensure
that any conditions imposed on a final order are appropriate to
the circumstances at that later time.
A further example might be where a magistrate is making an
interim order and is satisfied that the parties' circumstances are
fairly stable and the type of conditions that are appropriate on the
interim order would also be appropriate for any final order.
In these instances, the magistrate might decide to include a
finalisation condition.
Subsection (3) of section 56A provides that when including a
finalisation condition, the court must specify a period for which
the final order is to be in force having regard to the matters set
out in subsections (2) and (3) of section 97 of the Family
Violence Protection Act 2008.
If the court specifies the period for which a final order is to be in
force, when making the decision about the duration of that
period, the court must take into account the matters in
subsections 97(2) and (3). These matters include: that the safety
of protected person is paramount; any assessment by the
protected person of the level and duration of risk from the
respondent; and any other relevant matters raised by the
respondent. As an interim order that includes a finalisation
condition may become a final order without further hearing, it
is appropriate that the court have regard to the matters in
section 97(2) and (3) when specifying the period for which the
final order is to be in force.
Subsection (4) of section 56A provides that a finalisation
condition does not take effect if the respondent cannot be served
personally with the interim order. This will ensure that
respondents to interim orders including such conditions know an
order has been made against them and that they must act if they
want the matter to return to court for final determination.
This will prevent such respondents from being subject to a final
order without having had any personal contact with either the
court or police.
5
Section 56B makes provisions for when a finalisation condition
ceases to have effect. Subsection (1) of that section provides that
a finalisation condition ceases to have effect within the 28 day
period after the interim order is served on the respondent on the
first of the following circumstances occurring--
· on the filing by the respondent of a notice to contest the
FVIO application; or
· on the filing by the protected person or applicant of a
written notice, or the making of an oral application to
the court, for withdrawal of the FVIO application; or
· on the making of an application to vary or revoke the
interim order; or
· on the varying of the interim order by the court on its
own motion.
Subsection (2) of section 56B provides that if a finalisation
condition ceases to have effect, the interim order continues in
force until it ends in accordance with section 60 of the Family
Violence Protection Act 2008.
Subsection (3) of section 56B provides that, as soon as
practicable after the finalisation condition ceases to have effect,
the court must ensure the FVIO application is listed as soon as
practicable, and give notice to the parties.
Section 56C prohibits the court from including a finalisation
condition in an interim order in relation to certain respondents
and in certain circumstances. Subsection (1) of that section
provides that the court must not include a finalisation condition
in an interim order if--
· the court reasonably suspects that the respondent is a
child; or
· the court reasonably suspects that the respondent has a
cognitive impairment; or
· the court reasonably suspects that the respondent either
holds a firearms authority, weapons approval or
exemption, or is in possession of a firearm or prohibited
weapon; or
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· the court is satisfied that there is an order in force in
relation to a child of the affected family member or
respondent under the Family Law Act and the interim
order would be inconsistent with that order; or
· the affected family member does not consent to the
inclusion of a finalisation condition.
Subsection (2) of section 56C provides that a relevant court
within the meaning of section 126 of the Family Violence
Protection Act 2008 must not include a finalisation condition in
an interim order if satisfied that, on making a final order, it may
be required to make an order under section 129. Relevant courts
are the Family Violence Court Divisions and other specified
venues of the Magistrates' Court that are empowered to order
certain respondents to final orders to have their eligibility for
counselling assessed and to order eligible respondents to attend
counselling. This amendment will mean that finalisation
conditions are not included in interim orders where a relevant
court is satisfied that it may be required to order the respondent
to have their eligible for counselling assessed. As such, the new
process under which interim orders may become final orders
without further hearing will be able to operate with the court
mandated counselling programs at relevant courts in relation to
those respondents for whom the court is satisfied it would not be
required to make an assessment order under section 129. For
example, if the court was satisfied upon making the interim order
that there was no counselling approved by the Secretary under
section 133 of the Family Violence Protection Act 2008 that it
is reasonably practicable for the respondent to attend, then the
court may include a finalisation condition in the interim order.
Subsection (3) of section 56C provides that a court must not
include a finalisation condition in an interim order made under
section 173 of the Family Violence Protection Act 2008.
The Bill makes no provision to prohibit the inclusion of
finalisation conditions in interim extension orders made under
section 107 of the Family Violence Protection Act 2008 on the
basis that under section 11 of the Family Violence Protection
Act 2008, orders made under section 107 are not interim orders
but are defined as final orders. As such, a finalisation condition
cannot be included in an order made under section 107.
7
Nothing in the Bill prohibits a finalisation condition being
included in an interim variation order made under section 101 of
the Family Violence Protection Act 2008 as these orders are
defined to be interim orders under section 11 of that Act, if it is
otherwise appropriate for the court to do so.
Clause 9 substitutes subsection (1) of section 57 of the Family Violence
Protection Act 2008, which provides for explanation of interim
orders.
New subsection (1) provides that if an interim order is made, the
appropriate registrar of the court must give the respondent and
the affected family member a written explanation of the order.
The information which must be included in the explanation is set
out in paragraphs (a) to (h) of subsection (1) and includes--
· the purpose, terms and effect of the interim order;
· the consequences and penalties that may follow if the
respondent fails to comply with the terms of the interim
order;
· for the respondent, that the interim order is a civil order
of the court and the affected family member cannot give
permission to contravene the interim order;
· how the order interacts with a Family Law Act order or
an order under the Children, Youth and Families Act
2005;
· if the court has varied, suspended, revoked or revived a
Family Law Act order because it is inconsistent with the
interim order, the purpose, terms and effect of the
variation or suspension;
· any relevant family violence services offering legal,
emotional or practical support that may be available to
the affected family member or respondent;
· if the interim order does not include a finalisation
condition--
· when the interim order expires and the means by
which the interim order may be varied; and
· the process for deciding the final order;
8
· if the interim order includes a finalisation condition--
· that the interim order will become a final order
28 days after it is served on the respondent; and
· the circumstances in which the interim order will
not become a final order; and
· the consequences of the interim order becoming
a final order, including the effect on any firearms
authority or weapons approval held by the
respondent or weapons exemption which applies
to the respondent.
This largely replicates existing subsection (1) of section 57.
However, the provision has been expanded to cover additional
matters that must be included in the written explanation when an
interim order includes a finalisation condition and amended to
recognise that some matters are not relevant to these interim
orders.
New subsection (1A) of section 57 provides that a written
explanation under subsection (1) in respect of an interim order
that includes a finalisation condition may change the explanation
required by paragraphs (a) to (e) to accord with the effect of that
condition.
Clause 10 amends section 58 of the Family Violence Protection Act 2008,
which sets out some procedural requirements relating to interim
orders made by electronic application.
Section 58 provides that when an FVIO application is made by
telephone, fax or other electronic communication, the court is
required to inform the police officer of a number of things which
are set out in paragraphs (a) to (d). These include the terms and
period of operation of the order and the date, time and venue of
the court for the first mention for the application.
New paragraph (c) of section 58 provides that if an interim order
does not include a finalisation condition the court is required to
provide the police officer with--
· the venue of the court for the first mention date for the
FVIO application; and
· the date and time of the first mention date for the FVIO
application.
9
Clause 11 amends section 59 of the Family Violence Protection Act 2008
so that the requirement applying when the court makes an interim
order for the hearing to be listed for decision about the final order
as soon as practicable does not apply to interim orders including
a finalisation condition.
Clause 12 inserts new subsection (2) in section 60 of the Family Violence
Protection Act 2008. Section 60 provides for when an interim
order ends including--
· if the court makes a final order and the final order
includes an order that the interim order continues until
the final order is served on the respondent, when the
final order is served on the respondent; or
· if the court makes a final order and the final order does
not include an order about the interim order continuing,
at the time the final order is made; or
· if the court refuses to make a final order in relation to
the application, at the time of the refusal; or
· if the interim order is revoked by the court, at the time
of the revocation; or
· if the application for the FVIO is withdrawn, at the time
of the withdrawal.
Subsection (2) provides that section 60 does not apply to an
interim order that includes a finalisation condition, unless that
condition has ceased to have effect under section 56B.
Clause 13 inserts new section 78A in the Family Violence Protection Act
2008.
Subsection (1) of section 78A provides that if an interim order
becomes a final order by effect of a finalisation condition--
· the court is taken to have made a final order; and
· the final order is taken to have been made on the day
after the day that is 28 days after the order was served
on the respondent; and
· the interim order ends.
Subsection (2) provides that section 96 (which relates to the
explanation of final orders) does not apply to a final order taken
to be made under subsection (1).
10
Clause 14 inserts new subsection (3) in section 109 in the Family Violence
Protection Act 2008. Section 109 provides that a respondent
may only apply for variation or revocation of a FVIO with the
leave of the court.
New subsection (3) provides that the court may grant leave for
the variation or revocation of a final order taken to have been
made under new section 78A if--
· within 28 days of being served with the interim order,
the respondent did not file a notice to contest the
application or apply to have the order varied or revoked;
and
· the court is satisfied that there are exceptional
circumstances that justify the granting of leave.
Clause 15 substitutes subsection (2) of section 122 of the Family Violence
Protection Act 2008. Section 122 enables respondents to final
FVIOs to apply for rehearing of proceedings in certain
circumstances.
New subsection (2) provides that if the court is satisfied on the
balance of probabilities, that the grounds set out in subsection (1)
have been established--
· the court may rehear the matter; or
· if the final order is taken to have been made under
section 78A, the court may hear the matter for decision
about a final order.
This amendment is necessary to ensure that respondents to
interim orders that become final orders by effect of a finalisation
condition may apply to have the court hear the matter and make a
decision about the final order.
Clause 16 inserts new paragraphs (ab) in both subsection (1) of section 123
and subsection (2) of section 123A of the Family Violence
Protection Act 2008. Sections 123 and 123A establish offences
relating to contraventions of FVIOs.
Subsection (1) of section 123 sets out when the offence of
contravention of a FVIO applies. Subsection (2) of section 123A
makes similar provisions in relation to the offence of
contravention of a FVIO intending to cause harm or fear for
safety. Specifically, these offences apply if the respondent has
11
been served with a copy of the order or has had an explanation of
the order given to them in accordance with section 57 or 96 of the
Family Violence Protection Act 2008.
New paragraphs (ab) provide that, for a contravention of a final
order that is taken to have been made under section 78A
service of a copy of the interim order with the finalisation
condition is sufficient notification and the respondent may be
liable to be prosecuted for the contravention of the final order.
This amendment is necessary as while a respondent to such an
order may have had an explanation under section 57, they will
not have been served with a copy of the final order.
Clause 17 inserts a new heading in Part 8 of the Family Violence
Protection Act 2008, which provides for restriction on
publication of proceedings in the Magistrates' Court under that
Act and FVIOs made by that court.
Clause 18 amends paragraph (a) of subsection (2) of section 166 of the
Family Violence Protection Act 2008, which prohibits
publication of a report containing particulars likely to lead to the
identification of a particular court venue, a child who is a party to
or a witness in a proceeding under the Family Violence
Protection Act 2008 or the subject of an FVIO, or any other
person involved in the proceeding or the subject of the FVIO.
The amendment to paragraph (a) provides that publication is not
prohibited if the court has made an order under section 169 of the
Family Violence Protection Act 2008 that the locality or
particulars may be published.
Clause 19 substitutes section 169 of the Family Violence Protection Act
2008, which allows the court to make a publication order.
New subsection (1) of section 169 provides that the court may
make a publication order only if the court reasonably considers it
is in the public interest to allow publication of the locality,
particulars or picture and it is just to allow publication in the
circumstances. The test for making a publication order is the
same as in existing section 169, but the provision requires
amendment as a result of the amendments to section 166 which
will empower the court to make a publication order in relation to
matters involving a child as well as an adult.
12
New subsection (2) of section 169 provides that before making a
publication order in relation to a child who is a party to or a
witness in a proceeding or who is the person who is the subject of
the FVIO the court must have regard to the views of any parent
or guardian of the child. This requirement is new and is a
consequence of the court being empowered to make a publication
order in relation to matters involving a child.
Clause 20 inserts new Division 2 in Part 8 of the Family Violence
Protection Act 2008, which provides for an exception to the
general restriction on publication in section 166 by or with the
consent of adult victims, and a related exception for subsequent
publication.
New section 169A contains new definitions of adult victim,
permitted content, post-notice or order offence, pre-notice or
order offence and relevant offence for the purposes of Division 2
of Part 8 of the Family Violence Protection Act 2008.
Adult victim is defined to mean as adult who is a protected
person under a FVSN or FVIO and was a victim in relation to a
relevant offence.
Permitted content in relation to a report relating to a FVSN or
FVIO is defined to mean all or any of the following--
· the fact that the FVSN or FVIO applies to a person who
has been charged with or convicted or found guilty of a
relevant offence;
· the fact that an adult victim is identified in the report as
a protected person in relation to the FVSN or FVIO, and
a victim of a relevant offence or an alleged relevant
offence;
· the types of restrictions imposed by the FVSN or FVIO;
· the details of and conduct constituting a relevant offence
or alleged relevant offence.
Post-notice or order offence, in relation to a FVSN or FVIO, is
defined to mean--
· a contravention of the FVSN or FVIO under section 37,
37A, 123, 123A or 125A; or
13
· any other offence where the conduct constituting the
offence would constitute a contravention of the FVSN
or FVIO under section 37, 37A, 123, 123A or 125A.
This definition means that the exception to the publication
restrictions in section 169B applies where there is or was a FVSN
or FVIO in place at the time of the offence, both where the
respondent was charged, convicted or found guilty for a
contravention offence under the Family Violence Protection Act
2008 and where there was no charge, conviction of finding of
guilty for a contravention offence but there was a charge,
conviction or finding of guilt for another family violence related
offence. In the case of the latter, where all the other requirements
are met, this will enable reports published under the exception in
section 169B about other family violence related offences to refer
to the FVSN or FVIO.
Pre-notice or order offence, in relation to a FVSN or FVIO, is
defined to mean an offence where the conduct that constituted the
offence--
· led to the making of the FVSN or FVIO; and
· would have constituted a contravention of the FVSN or
FVIO under section 37, 37A, 123, 123A or 125A if the
notice or order had been in place at the time of the
offence.
This definition means that the exception to the publication
restrictions in section 169B applies where there was no FVSN or
FVIO in place at the time of the offence but the offence led to the
making of such a notice or order. Where all the other
requirements are met, this will enable reports published under the
exception in section 169B about these other family violence
related offences to refer to the FVSN or FVIO.
Relevant offence is defined to mean a pre-notice or order offence
or a post-notice or order offence.
New section 169B establishes the exception to the restrictions on
publication in section 166 of the Family Violence Protection
Act 2008 by or with the consent of the adult victim.
Subsection (1) of section 169B provides that section 166(2) does
not apply to the publication in accordance with section 169B and
in the prescribed circumstances of permitted content in a report
relating to a FVSN or FVIO by--
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· an adult victim who is or was protected by the notice or
order; or
· a person who has the consent in writing or recorded
form of an adult victim protected by the notice or order
to the publication.
Subsection (2) of section 169B provides that an adult victim
cannot consent to the identification of any other person protected
by the FVSN or FVIO or as being involved in a proceeding
relating to the notice or order. For example, an adult victim
cannot consent to a child that is protected by the FVIO being
identified in the report as being protected by that order.
Subsection (3) of section 169B provides that an adult victim may
withdraw the consent to the publication of a report at any time
before publication of the report.
Subsection (4) of section 169B provides that a person is not
permitted to publish a report on the basis of the consent of an
adult victim after the consent is withdrawn unless the person did
not have a reasonable opportunity to prevent publication after the
consent was withdrawn.
Subsection (5) of section 169B sets out the prescribed
circumstances in which a report can be published, which are as
follows--
· a FVSN or FVIO is or was in place that protects or
protected the adult victim and applies or applied to a
person who has been charged with or convicted or
found guilty of a relevant offence; and
· in relation to the charge for a relevant offence, the
charge was still pending at the time of publication; and
· in relation to a conviction or finding of guilt for a
relevant offence, the conviction or finding had not been
set aside or quashed at the time of publication.
New section 169C establishes the exception to the restrictions on
publication in section 166(2) of the Family Violence Protection
Act 2008 for subsequent publication.
Specifically, section 169C provides that section 166(2) does not
apply to the publication by a person of permitted content in a
report relating to a FVSN or FVIO (the subsequent report) if--
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· the subsequent report is published after the publication
in accordance with section 169B of a report relating to
the FVSN or FVIO (the original report); and
· if the original report was not published by an adult
victim, the person who publishes the subsequent report
reasonably believes at the time of publication of the
subsequent report that the original report was published
with the consent of the adult victim.
Clause 21 inserts new subsection (2) in section 201 of the Family Violence
Protection Act 2008. Section 201 provides that if a court makes,
varies, extends or revokes a FVIO the appropriate registrar of the
court must arrange for: the order to be drawn up and filed; a copy
of the order to be served on the respondent; and a copy of the
order to be given to the other relevant parties and persons set out
in paragraph (c).
Subsection (2) provides that if an interim order including a
finalisation condition becomes final in accordance with new
section 78A, a copy of this order is not required to be served on
the respondent or given to a person listed in paragraph (c).
Clause 22 inserts new paragraphs (fa) in subsection (2) of both sections 209
and 210 of the Family Violence Protection Act 2008.
Sections 209 and 210 enable the making of rules by the
Magistrates' Court and Children's Court respectively.
New paragraphs (fa) provide that rules may be made for or with
respect to forms, notices and written explanations.
Clause 23 inserts section 226 in the Family Violence Protection Act 2008.
Subsection (1) of section 226 provides that sections 56A to 56C,
as inserted by section 8 of the Family Violence Protection
Amendment Act 2014, apply to an FVIO application made on or
after the commencement of that section.
Subsection (2) of section 226 provides that section 31, as
amended by section 6 of the Family Violence Protection
Amendment Act 2014, apply to FVSNs issued on or after the
commencement of that section.
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PART 3--AMENDMENT OF PERSONAL SAFETY
INTERVENTION ORDERS ACT 2010
Clause 24 inserts a new definition of working day and substitutes the
definition of publish in section 4 of the Personal Safety
Intervention Orders Act 2010. To align the publication
restriction regimes in the intervention order legislation, the new
definition of publish being substituted in the Personal Safety
Intervention Orders Act 2010 is the same as that being
substituted in the Family Violence Protection Act 2008 by this
Bill.
Clause 25 amends subsection (2) of section 123 of the Personal Safety
Intervention Orders Act 2010, which prohibits publication of a
report containing particulars likely to lead to the identification of
a particular court venue, a child who is a party to or a witness in a
proceeding under the Personal Safety Intervention Orders Act
2010 or the subject of an PSIO, any other person involved in the
proceeding or the subject of the PSIO, or a picture of the child.
The amendments provide that publication is not prohibited if the
court has made an order under new section 125A that the locality,
particulars, or picture may be published.
Clause 26 inserts new section 125A in the Personal Safety Intervention
Orders Act 2010 to provide for the making of publication orders.
Subsection (1) of section 125A provides that the court may make
a publication order only if the court reasonably considers it is in
the public interest to allow publication of the locality, particulars
or picture and it is just to allow publication in the circumstances.
Subsection (2) of section 125A provides that before making a
publication order the court must have regard to the views of any
parent or guardian of the child.
Clause 27 inserts new paragraphs (fa) in subsection (2) of both sections 183
and 184 of the Personal Safety Intervention Orders Act 2010.
Sections 183 and 184 enable the making of rules by the
Magistrates' Court and Children's Court respectively.
New paragraphs (fa) provide that rules may be made for or with
respect to forms, notices and written explanations.
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PART 4--REPEAL OF AMENDING ACT
Clause 28 provides for the repeal of the Bill on 18 September 2016.
The repeal of this Bill does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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