Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Restraining Orders and Related Legislation
Amendment (Family Violence) Bill 2016
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Restraining Orders Act 1997
amended
3. Act amended 3
4. Long title amended 3
5. Section 3 amended 3
6. Section 4 amended 6
7. Section 5A inserted 7
5A. Term used: family violence 7
8. Section 6 amended 8
9. Section 6A inserted 9
6A. Term used: exposed 9
10. Section 7 amended 10
11. Section 7A amended 10
12. Section 8 amended 10
13. Section 10 amended 11
14. Parts 1B and 1C inserted 11
Part 1B -- Family violence restraining order
10A. Objects 11
10B. Principles to be observed in performing
functions in relation to FVROs 12
10C. FVRO to specify names of person bound,
and person protected, by order 13
10D. When FVROs may be made 14
10E. FVRO may be made for child in
circumstances of family violence 14
210--2 page i
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Contents
10F. Matters to be considered by court
generally 15
10G. Restraints on respondent 17
10H. Conduct agreement 19
Part 1C -- Behaviour management order
Division 1 -- Preliminary
10I. Terms used 20
10J. Objects 21
10K. Application of Part 21
Division 2 -- Eligibility assessment order
10L. Making an eligibility assessment order 21
10M. Order to attend behaviour change
programme 23
10N. Effect of appeal against final order 25
Division 3 -- Procedures relating to behaviour
management order
10O. Notice of hearings 25
10P. Approval of persons and of behaviour
change programme 26
10Q. Eligibility assessor may be required to
attend hearing 27
10R. Disputed eligibility assessment report 27
10S. Explanation of behaviour management
orders 28
10T. Variation or cancellation of behaviour
management orders 28
10U. Service of orders 29
Division 4 -- Other matters
10V. Respondent's participation in behaviour
change programme 30
10W. Respondent's contravention of behaviour
management order 31
10X. Confidentiality of interviews and reports 31
10Y. Confidentiality of behaviour change
programme 33
10Z. Delegation 33
15. Part 2 Division 1 heading deleted 34
16. Section 11 amended 34
17. Section 11A amended 34
18. Section 11B deleted 35
19. Section 12 amended 35
20. Section 12A inserted 37
12A. VROs not for persons in family
relationship 37
21. Section 13 amended 37
page ii
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Contents
22. Part 2A heading and Part 2A Division 1 heading
inserted 39
Part 2A -- Provisions for FVRO and VRO
Division 1 -- Orders relating to firearms
23. Section 14 amended 39
24. Part 2A Division 1A heading inserted 40
Division 1A -- Duration of orders
25. Section 16 amended 40
26. Section 16A and 16B inserted 41
16A. Duration of FVRO 41
16B. Duration of VRO 43
27. Section 18 amended 44
28. Section 19 amended 44
29. Section 20 amended 44
30. Section 24A inserted 44
24A. Application for FVRO 44
31. Section 25 amended 45
32. Section 26 amended 45
33. Section 29 amended 46
34. Part 2A Division 3A heading amended 46
35. Section 30A amended 46
36. Section 30B amended 47
37. Section 30C amended 48
38. Section 30D amended 49
39. Section 30E amended 49
40. Section 34 amended 49
41. Section 35 amended 50
42. Section 35A amended 50
43. Section 36 amended 51
44. Section 37 amended 52
45. Section 38 amended 52
46. Section 39 amended 52
47. Section 41 amended 52
48. Section 43 amended 53
49. Section 44A amended 54
50. Section 44C amended 54
51. Section 45 amended 54
52. Section 45A amended 55
53. Section 47 amended 55
page iii
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Contents
54. Section 49B inserted 55
49B. Matters to be considered by court
generally 55
55. Section 50C amended 56
56. Section 55 amended 56
57. Section 58 amended 58
58. Section 60 amended 58
59. Section 61 amended 59
60. Section 61A amended 60
61. Section 61C inserted 61
61C. Report under s. 10V to be considered in
sentencing for breach of FVRO 61
62. Section 62 amended 61
63. Section 62A amended 61
64. Section 62B amended 62
65. Section 62C amended 62
66. Section 62D amended 63
67. Section 62E amended 63
68. Section 62F amended 64
69. Section 63 amended 65
70. Section 63A amended 67
71. Section 63B replaced 68
63B. Circumstances to be taken into account
when sentencing for certain offences 68
72. Section 63D inserted 69
63D. Court to give reasons for certain decisions 69
73. Section 64 amended 69
74. Section 67 amended 69
75. Section 68 amended 70
76. Section 70 amended 70
77. Section 70A amended 71
78. Section 71 amended 71
79. Section 72A inserted 72
72A. Forms 72
80. Section 73 amended 72
81. Section 73A inserted 73
73A. Review of certain amendments relating to
FVROs 73
82. Section 75 amended 73
83. Section 77 amended 73
84. Section 79A amended 74
page iv
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Contents
85. Section 79B amended 74
86. Section 79D amended 74
Part 3 -- Consequential amendments
to other Acts
Division 1 -- Bail Act 1982 amended
87. Act amended 75
88. Section 16A amended 75
89. Schedule 1 amended 75
Division 2 -- Children and Community Services
Act 2004 amended
90. Act amended 75
91. Section 3 amended 75
92. Section 23 amended 76
93. Section 28A amended 76
94. Section 28 amended 76
Division 3 -- Community Protection (Offender
Reporting) Act 2004 amended
95. Act amended 77
96. Section 107 amended 77
Division 4 -- The Criminal Code amended
97. Act amended 77
98. Section 1 amended 77
99. Section 221 amended 78
100. Section 281 amended 79
Division 5 -- Criminal Investigation Act 2006
amended
101. Act amended 79
102. Section 128 replaced 79
103. Section 135 amended 79
Division 6 -- Prisons Act 1981 amended
104. Act amended 80
105. Section 113B amended 80
Division 7 -- Sentence Administration Act 2003
amended
106. Act amended 81
107. Section 4 amended 81
108. Section 5A amended 82
page v
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Contents
109. Section 5C amended 82
110. Section 5D inserted 82
5D. Term used: victim of an offender or
prisoner 82
111. Section 30 amended 83
112. Section 97D amended 83
page vi
Western Australia
LEGISLATIVE COUNCIL
Restraining Orders and Related Legislation
Amendment (Family Violence) Bill 2016
A Bill for
An Act to amend the following --
• the Restraining Orders Act 1997;
• the Bail Act 1982;
• the Children and Community Services Act 2004;
• the Community Protection (Offender Reporting) Act 2004;
• The Criminal Code;
• the Criminal Investigation Act 2006;
• the Prisons Act 1981;
• the Sentence Administration Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Restraining Orders and Related Legislation
4 Amendment (Family Violence) Act 2016.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 3
1 Part 2 -- Restraining Orders Act 1997 amended
2 3. Act amended
3 This Part amends the Restraining Orders Act 1997.
4 4. Long title amended
5 In the long title delete "acts of family and domestic or" and
6 insert:
7
8 family violence or
9
10 5. Section 3 amended
11 (1) In section 3 delete "In this Act" and insert --
12
13 (1) In this Act
14
15 (2) In section 3 delete the definitions of:
16 act of abuse
17 act of family and domestic violence
18 act of personal violence
19 exposed
20 family and domestic relationship
21 final order
22 restraining order
23 (3) In section 3 insert in alphabetical order:
24
25 assault includes an assault within the meaning of The
26 Criminal Code;
27 conduct agreement order has the meaning given in
28 section 10H(1);
page 3
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 5
1 consent order means an order made under
2 section 41(1) or 43(2);
3 cyber-stalking, in relation to a person, means stalking,
4 monitoring the movement or communications of, or
5 repeatedly communicating with or harassing, the
6 person using electronic means;
7 exposed, in relation to family violence or personal
8 violence, has the meaning given in section 6A(1);
9 family member has the meaning given in section 4(3);
10 family relationship has the meaning given in
11 section 4(1);
12 family violence has the meaning given in
13 section 5A(1);
14 family violence restraining order means an order made
15 under this Act imposing restraints of the kind referred
16 to in section 10G;
17 final order means any of the following --
18 (a) in relation to an FVRO, a conduct agreement
19 order;
20 (b) in relation to a VRO or MRO, a consent order;
21 (c) a restraining order that becomes a final order
22 under section 32;
23 (d) a restraining order made under section 40(3);
24 (e) a restraining order made at a final order
25 hearing;
26 (f) a restraining order made under section 49(1)(b)
27 to vary a final order, being a replacement or
28 additional final order made under that section;
29 (g) a restraining order that is a final order under
30 section 63(4a) or 63A(3);
31 kidnapping, or depriving the liberty of a person
32 includes behaving towards the person in a manner
33 described in The Criminal Code section 332;
page 4
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 5
1 legal practitioner means an Australian legal
2 practitioner as defined in the Legal Profession
3 Act 2008 section 3;
4 personal violence has the meaning given in section 6;
5 prescribed form means a form prescribed in rules of
6 court;
7 restraining order means an FVRO, MRO or VRO;
8 sexual assault includes an offence under The Criminal
9 Code Chapter XXXI;
10 stalking, a person, includes committing an offence
11 under The Criminal Code Chapter XXXIIIB against the
12 person;
13
14 (4) In section 3 in the definition of authorised person after
15 "prescribed" insert:
16
17 in the regulations
18
19 (5) In section 3 in the definition of family order delete "by" and
20 insert:
21
22 in
23
24 (6) In section 3 in the definition of fix a hearing delete "by" and
25 insert:
26
27 in
28
29 (7) In section 3 in the definition of person seeking to be protected
30 paragraphs (a) and (b) delete "violence restraining order or a
31 misconduct".
page 5
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 6
1 (8) In section 3 in the definition of prepare and serve delete "by"
2 and insert:
3
4 in
5
6 (9) In section 3 in the definition of telephone application delete "of
7 Part 2 for a violence restraining order;" and insert:
8
9 for an FVRO or VRO;
10
11 (10) In section 3 in the definition of telephone order delete "a
12 violence restraining order" and insert:
13
14 an FVRO or VRO
15
16 (11) At the end of section 3 insert:
17
18 (2) In this Act the following abbreviations are used --
19 FVRO for family violence restraining order;
20 MRO for misconduct restraining order;
21 VRO for violence restraining order.
22
23 6. Section 4 amended
24 (1) In section 4(1) in the definition of family and domestic
25 relationship delete "and domestic".
page 6
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 7
1 (2) After section 4(2) insert:
2
3 (3) In this Act a person is a family member of another
4 person if the persons are in a family relationship.
5
6 Note: The heading to amended section 4 is to read:
7 Terms used: family relationship and family member
8 7. Section 5A inserted
9 After section 5 insert:
10
11 5A. Term used: family violence
12 (1) A reference in this Act to family violence is a reference
13 to --
14 (a) violence, or a threat of violence, by a person
15 towards a family member of the person; or
16 (b) any other behaviour by the person that coerces
17 or controls the family member or causes the
18 member to be fearful.
19 (2) Examples of behaviour that may constitute family
20 violence include (but are not limited to) the
21 following --
22 (a) an assault against the family member;
23 (b) a sexual assault or other sexually abusive
24 behaviour against the family member;
25 (c) stalking or cyber-stalking the family member;
26 (d) repeated derogatory remarks against the family
27 member;
28 (e) damaging or destroying property of the family
29 member;
30 (f) causing death or injury to an animal that is the
31 property of the family member;
page 7
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 8
1 (g) unreasonably denying the family member the
2 financial autonomy that the member would
3 otherwise have had;
4 (h) unreasonably withholding financial support
5 needed to meet the reasonable living expenses
6 of the family member, or a child of the
7 member, at a time when the member is entirely
8 or predominantly dependent on the person for
9 financial support;
10 (i) preventing the family member from making or
11 keeping connections with the member's family,
12 friends or culture;
13 (j) kidnapping, or depriving the liberty of, the
14 family member, or any other person with whom
15 the member has a family relationship;
16 (k) distributing or publishing, or threatening to
17 distribute or publish, intimate personal images
18 of the family member;
19 (l) causing any family member who is a child to be
20 exposed to behaviour referred to in this section.
21 (3) For the purposes of this Act, a person who procures
22 another person to commit family violence is taken to
23 have also committed the family violence.
24
25 8. Section 6 amended
26 (1) Delete section 6(1).
27 (2) In section 6(2) in the definition of act of personal violence:
28 (a) delete "act of ";
29 (b) delete "and domestic";
page 8
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 9
1 (c) delete paragraph (b) and (c) and insert:
2
3 (b) kidnapping, or depriving the liberty of, the
4 person;
5 (c) stalking the person;
6
7 (d) in paragraph (e) delete "an act of family and domestic
8 violence if those persons were in a family and domestic
9 relationship." and insert:
10
11 family violence if those persons were in a family
12 relationship.
13
14 (3) Delete section 6(3) and (4) and insert:
15
16 (3) For the purposes of this Act, a person who procures
17 another person to commit personal violence is taken to
18 have also committed the personal violence.
19
20 Note: The heading to amended section 6 is to read:
21 Term used: personal violence
22 9. Section 6A inserted
23 After section 6 insert:
24
25 6A. Term used: exposed
26 (1) For the purposes of this Act, a child is exposed to
27 family violence or personal violence if the child sees or
28 hears the violence or otherwise experiences the effects
29 of the violence.
page 9
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 10
1 (2) Examples of situations that may constitute a child
2 being exposed to family violence or personal violence
3 include (but are not limited to) the child --
4 (a) overhearing threats of death or personal injury
5 to a person; or
6 (b) seeing or hearing an assault of a person; or
7 (c) comforting or providing assistance to a person
8 who has been assaulted; or
9 (d) cleaning up a site after property damage; or
10 (e) being present when police or ambulance
11 officers attend an incident involving the
12 violence.
13
14 10. Section 7 amended
15 In section 7 after "and a person" insert:
16
17 who is
18
19 11. Section 7A amended
20 In section 7A(a) and (b) delete "section 25," and insert:
21
22 section 24A, 25,
23
24 12. Section 8 amended
25 (1) In section 8(1)(h) delete "a violence restraining order," and
26 insert:
27
28 an FVRO or VRO,
29
page 10
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 13
1 (2) In section 8(2) after "someone else" insert:
2
3 who is 16 years of age or older
4
5 13. Section 10 amended
6 In section 10(4) delete "the prescribed form" and insert:
7
8 the form prescribed in the regulations
9
10 14. Parts 1B and 1C inserted
11 After section 10 insert:
12
13 Part 1B -- Family violence restraining order
14 10A. Objects
15 The objects of this Part are as follows --
16 (a) to maximise the safety of persons who have
17 experienced, or are at risk of, family violence;
18 (b) to prevent, or reduce to the greatest extent
19 possible, the incidence and consequences of
20 family violence;
21 (c) to protect the wellbeing of children by
22 preventing them from being subjected or
23 exposed to family violence;
24 (d) to encourage perpetrators of family violence to
25 accept responsibility for their behaviour and the
26 effect it has on others;
27 (e) to make perpetrators of family violence
28 accountable to the court for contraventions of
page 11
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 court-imposed restrictions designed to prevent
2 them from committing further family violence.
3 10B. Principles to be observed in performing functions in
4 relation to FVROs
5 (1) In performing a function under this Act relating to
6 FVROs, a person, court or other body must have regard
7 to the following --
8 (a) the need to ensure that persons at risk of family
9 violence are protected from that violence;
10 (b) the need to prevent behaviour that could
11 reasonably be expected to cause a person to
12 apprehend that they will have family violence
13 committed against them;
14 (c) the particular need to ensure the wellbeing of
15 children by protecting them from family
16 violence, behaviour referred to in paragraph (b)
17 or otherwise being subjected or exposed to
18 family violence;
19 (d) that perpetrators of family violence are solely
20 responsible for that violence and its impact on
21 others and should be held accountable
22 accordingly;
23 (e) that complex emotional factors arising from
24 coercion, control and fear often make it
25 difficult for victims of family violence to report
26 the violence or leave a family relationship in
27 which family violence is being committed;
28 (f) the need to understand the impact of factors
29 such as culture (including Aboriginal and
30 Torres Strait Island culture), language, sexual
31 orientation, gender identity, age, disability and
32 remoteness of location in reporting family
33 violence or leaving a family relationship in
34 which family violence is being committed;
page 12
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 (g) that perpetrators of family violence who are
2 children have special needs and that these must
3 be taken into account;
4 (h) the need to identify, to the extent possible, the
5 person or persons in a family relationship most
6 in need of protection from family violence,
7 including in situations where 2 or more family
8 members are committing that violence;
9 (i) the need to recognise that perpetrators of family
10 violence might seek to misuse the protections
11 available under this Act to further their
12 violence, and the need to prevent that misuse;
13 (j) that in order to encourage victims of family
14 violence to report that violence and seek help,
15 proceedings under this Act should be conducted
16 in a way that treats victims with respect and
17 dignity and endeavours to reduce the degree to
18 which victims might be subject to
19 re-traumatisation during those proceedings.
20 (2) The person, court or other body is to have regard to the
21 matters set out in subsection (1)(a), (b) and (c) as being
22 of primary importance.
23 10C. FVRO to specify names of person bound, and
24 person protected, by order
25 An FVRO is to specify --
26 (a) the name of the person for whose benefit the
27 order is made; and
28 (b) the name of the person on whose lawful
29 activities and behaviour restraints are imposed
30 by the order.
page 13
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 10D. When FVROs may be made
2 (1) A court may make an FVRO if it is satisfied that --
3 (a) the respondent has committed family violence
4 against a person seeking to be protected and the
5 respondent is likely again to commit family
6 violence against that person in the future; or
7 (b) a person seeking to be protected, or a person
8 who has applied for the order on behalf of that
9 person, has reasonable grounds to apprehend
10 that the respondent will commit family violence
11 against the person seeking to be protected.
12 (2) If the court is satisfied in accordance with
13 subsection (1), the court must make the order unless
14 there are special circumstances that would make the
15 order inappropriate.
16 (3) For the purposes of subsection (2), special
17 circumstances do not exist simply because the
18 applicant or respondent can apply, or has applied, for a
19 particular family order.
20 10E. FVRO may be made for child in circumstances of
21 family violence
22 (1) An FVRO may be made for the benefit of a child if the
23 court is satisfied that --
24 (a) the child has been exposed to family violence
25 committed by or against a person with whom
26 the child is in a family relationship and the
27 child is likely again to be exposed to such
28 violence; or
29 (b) the applicant, the child or a person with whom
30 the child is in a family relationship has
31 reasonable grounds to apprehend that the child
32 will be exposed to family violence committed
page 14
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 by or against a person with whom the child is in
2 a family relationship.
3 (2) If the court is satisfied in accordance with
4 subsection (1), the court must make the order unless
5 there are special circumstances that would make the
6 order inappropriate.
7 (3) For the purposes of subsection (2), special
8 circumstances do not exist simply because the
9 applicant or respondent can apply, or has applied, for a
10 particular family order.
11 10F. Matters to be considered by court generally
12 (1) When considering whether to make an FVRO and the
13 terms of the order, a court is to have regard to the
14 following --
15 (a) the need to ensure that the person seeking to be
16 protected is protected from family violence;
17 (b) the need to prevent behaviour that could
18 reasonably be expected to cause the person
19 seeking to be protected to apprehend that they
20 will have family violence committed against
21 them;
22 (c) the need to ensure the wellbeing of children by
23 protecting them from family violence,
24 behaviour referred to in paragraph (b) or
25 otherwise being subjected or exposed to family
26 violence;
27 (d) the accommodation needs of the respondent
28 and the person seeking to be protected;
29 (e) the past history of the respondent and the
30 person seeking to be protected with respect to
31 applications under this Act, whether in relation
32 to the same act or persons as are before the
33 court or not;
page 15
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 (f) hardship that may be caused to the respondent
2 if the order is made;
3 (g) any family orders;
4 (h) other current legal proceedings involving the
5 respondent or the person seeking to be
6 protected;
7 (i) any criminal convictions of the respondent;
8 (j) any police orders made against the respondent;
9 (k) any previous similar behaviour of the
10 respondent whether in relation to the person
11 seeking to be protected or otherwise;
12 (l) any police incident reports relating to the
13 respondent;
14 (m) any risk assessment, or risk-relevant
15 information, relating to the relationship
16 between the respondent and the person seeking
17 to be protected;
18 (n) any other matters the court considers relevant.
19 (2) A court is to have regard to the matters set out in
20 subsection (1)(a), (b) and (c) as being of primary
21 importance.
22 (3) In having regard to the matters set out in
23 subsection (1)(e), a past history of applications under
24 this Act is not to be regarded in itself as sufficient to
25 give rise to any presumption as to the merits of the
26 application.
27 (4) The Commissioner of Police, is, where practicable, to
28 provide to a court any information in the possession of
29 the Police Force of Western Australia referred to in
30 subsection (1)(i), (j) or (l) that is relevant to a matter
31 before the court.
page 16
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 (5) The information is to be provided in the form of a
2 certificate signed by --
3 (a) a police officer of or above the rank of
4 sergeant; or
5 (b) a person --
6 (i) employed or engaged in the department
7 of the Public Service principally
8 assisting the Minister in the
9 administration of the Police Act 1892;
10 and
11 (ii) approved by the Commissioner of
12 Police for the purposes of this
13 subsection.
14 (6) The certificate is prima facie evidence of the matters
15 specified in it, without proof of the signature of the
16 person purporting to have signed it or proof that the
17 purported signatory was a police officer of or above the
18 rank of sergeant or a person referred to in
19 subsection (5)(b), as the case requires.
20 (7) In addition to subsections (3) to (6), the court may have
21 regard to any of its own records for the purposes of
22 subsection (1).
23 (8) Records referred to in subsection (7) are taken to be
24 proof of their contents in the absence of evidence to the
25 contrary.
26 10G. Restraints on respondent
27 (1) In making an FVRO a court may impose such restraints
28 on the lawful activities and behaviour of the respondent
29 as the court considers appropriate to prevent the
30 respondent --
31 (a) committing family violence against the person
32 seeking to be protected; or
page 17
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 (b) if the person seeking to be protected by the
2 order is a child, exposing a child to family
3 violence committed by the respondent; or
4 (c) behaving in a manner that could reasonably be
5 expected to cause the person seeking to be
6 protected to apprehend that they will have
7 family violence committed against them.
8 (2) Without limiting the restraints that may be imposed
9 under subsection (1), a court may restrain the
10 respondent from doing all or any of the following --
11 (a) being on or near premises where the person
12 seeking to be protected lives or works;
13 (b) being on or near specified premises or in a
14 specified locality or place;
15 (c) approaching within a specified distance of the
16 person seeking to be protected;
17 (d) stalking or cyber-stalking the person seeking to
18 be protected;
19 (e) communicating, or attempting to communicate,
20 (by whatever means) with the person seeking to
21 be protected;
22 (f) preventing the person seeking to be protected
23 from obtaining and using personal property
24 reasonably needed by the person seeking to be
25 protected, even if the respondent is the owner
26 of, or has a right to be in possession of, the
27 property;
28 (g) distributing or publishing, or threatening to
29 distribute or publish, intimate personal images
30 of the person seeking to be protected;
31 (h) causing or allowing another person to engage in
32 conduct of a type referred to in paragraphs (a)
33 to (g).
page 18
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 (3) A restraint may be imposed on the respondent on such
2 terms as the court considers appropriate.
3 (4) An FVRO may restrain the respondent from entering or
4 remaining in a place, or restrict the respondent's access
5 to a place, even if the respondent has a legal or
6 equitable right to be at the place.
7 (5) If an FVRO imposes a restraint referred to in
8 subsection (4), or for some other reason the court is
9 satisfied that it is necessary to do so, the court is to
10 ensure that the order makes provision for the person
11 seeking to be protected, or the respondent, to recover
12 personal property, and other property of a kind
13 prescribed in the regulations, from a place specified in
14 the order --
15 (a) in the manner set out by the court in the order;
16 or
17 (b) in accordance with the procedures set out in the
18 regulations.
19 (6) An FVRO may inform the respondent that certain
20 behaviour and activities are unlawful.
21 10H. Conduct agreement
22 (1) If, at any stage of proceedings under this Act relating to
23 an FVRO, the respondent agrees (a conduct
24 agreement) to the making of a final order imposing
25 restraints of the kind referred to in section 10G (a
26 conduct agreement order), the court may make the
27 order without being satisfied there are grounds for
28 making an FVRO in the same terms.
29 (2) A conduct agreement does not constitute an admission
30 by the respondent of all or any of the matters alleged in
31 the application for the relevant FVRO.
page 19
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 (3) A conduct agreement order is not an FVRO but is
2 taken to be an FVRO for the purposes of this Act.
3 (4) The registrar must cause a conduct agreement order to
4 be prepared and served on the respondent.
5 Part 1C -- Behaviour management order
6 Division 1 -- Preliminary
7 10I. Terms used
8 In this Part --
9 behaviour change order has the meaning given in
10 section 10M(1);
11 behaviour change programme has the meaning given
12 in section 10P(2);
13 behaviour change programme provider has the
14 meaning given in section 10P(3);
15 behaviour management order means --
16 (a) an eligibility assessment order; or
17 (b) a behaviour change order;
18 court means a court prescribed in the regulations for
19 the purposes of this Part;
20 eligibility assessment interview has the meaning given
21 in section 10L(1)(b);
22 eligibility assessment order has the meaning given in
23 section 10L(1);
24 eligibility assessment report has the meaning given in
25 section 10L(1)(a);
26 eligibility assessor has the meaning given in
27 section 10P(1).
28 proceeding means a proceeding under this Part;
page 20
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 variation or cancellation order has the meaning given
2 in section 10T.
3 10J. Objects
4 The objects of this Part are to provide for a court that
5 has made a final order that is an FVRO to make an
6 additional order --
7 (a) to assess the eligibility of the respondent for a
8 programme designed --
9 (i) to encourage the respondent to accept
10 responsibility for the respondent's
11 family violence and the effect it has on
12 others; and
13 (ii) to encourage the respondent to stop
14 committing further family violence;
15 and
16 (b) if appropriate, to require the respondent to
17 attend the programme.
18 10K. Application of Part
19 This Part applies to a respondent only if --
20 (a) a final order that is an FVRO has been made
21 against the respondent; and
22 (b) the respondent is an adult.
23 Division 2 -- Eligibility assessment order
24 10L. Making an eligibility assessment order
25 (1) The court may, on the application of the person
26 protected by the final order or on its own initiative,
27 make an order requiring --
28 (a) an eligibility assessor to give a report (an
29 eligibility assessment report) to the court, by a
30 date specified in the order, on whether the
page 21
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 respondent is eligible to attend a behaviour
2 change programme; and
3 (b) the respondent to attend an interview (an
4 eligibility assessment interview) with the
5 eligibility assessor for the purposes of
6 preparing the eligibility assessment report.
7 (2) However, a court is not to make an eligibility
8 assessment order if --
9 (a) there is already in force a behaviour
10 management order in respect of the respondent;
11 or
12 (b) the court is satisfied that --
13 (i) there is no behaviour change
14 programme that is reasonably
15 practicable for the respondent to attend;
16 or
17 (ii) in all the circumstances of the case, it is
18 not appropriate to make the order.
19 (3) The eligibility assessment report must assess the
20 respondent as eligible to attend a behaviour change
21 programme unless the eligibility assessor considers that
22 the respondent does not have the ability or capacity to
23 participate in a behaviour change programme because
24 of one or more of the following --
25 (a) the respondent's character, personal history or
26 language skills;
27 (b) any disabilities of the respondent;
28 (c) any severe mental health conditions of the
29 respondent;
30 (d) any alcohol or other drug problems of the
31 respondent;
32 (e) any other matters that the eligibility assessor
33 considers relevant.
page 22
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 (4) An eligibility assessment order must --
2 (a) specify the date by which the respondent must
3 undergo an eligibility assessment interview;
4 and
5 (b) require the eligibility assessor to give
6 reasonable written notice to the respondent of
7 the interview; and
8 (c) require the respondent to attend that interview.
9 (5) A respondent who, without reasonable excuse,
10 contravenes an eligibility assessment order by failing to
11 attend the eligibility assessment interview commits an
12 offence.
13 Penalty for this subsection: a fine of $1 000.
14 (6) The respondent is taken to have contravened the order
15 by failing to attend the eligibility assessment interview
16 if the respondent does not attend the interview at the
17 time and place specified in the notice under
18 subsection (4)(b).
19 10M. Order to attend behaviour change programme
20 (1) If a court is given an eligibility assessment report and
21 is satisfied that the respondent is eligible to attend a
22 behaviour change programme, it must make an order (a
23 behaviour change order) requiring the respondent to
24 attend the behaviour change programme.
25 (2) However, a court is not required to make the order
26 if --
27 (a) there is already in force a behaviour change
28 order in respect of the respondent; or
29 (b) the court is satisfied that --
30 (i) there is no behaviour change
31 programme that is reasonably
page 23
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 practicable for the respondent to attend;
2 or
3 (ii) in all the circumstances of the case, it is
4 not appropriate to make the order.
5 (3) An order under subsection (1) must --
6 (a) specify the date by which the respondent must
7 contact the behaviour change programme
8 provider; and
9 (b) require the behaviour change programme
10 provider to give reasonable written notice to the
11 respondent of the behaviour change programme
12 sessions to be conducted in the course of that
13 programme; and
14 (c) require the respondent to attend each of those
15 sessions.
16 (4) A respondent who, without reasonable excuse,
17 contravenes a behaviour change order by failing to
18 attend a behaviour change programme commits an
19 offence.
20 Penalty for this subsection: a fine of $1 000.
21 (5) The respondent is taken to have contravened the order
22 by failing to attend a behaviour change programme if
23 the respondent does not attend a behaviour change
24 programme session at the time and place specified in
25 the notice under subsection (3)(b).
26 (6) A respondent who contravenes a behaviour change
27 order is only liable to be prosecuted once for an
28 offence against subsection (4), regardless of how many
29 behaviour change programme sessions the respondent
30 fails to attend.
page 24
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 10N. Effect of appeal against final order
2 (1) If an appeal is lodged under section 64 against a
3 decision to make a final order against a respondent --
4 (a) the operation of a related behaviour
5 management order in respect of the respondent
6 is stayed for any period during which the
7 operation of the whole of the final order is
8 stayed; and
9 (b) a related behaviour management order in
10 respect of the respondent ceases to be in force if
11 the effect of the appeal is that the final order
12 ceases to be in force, unless the court hearing
13 the appeal makes an order to the contrary.
14 (2) A behaviour management order in respect of a
15 respondent does not otherwise cease to be in force
16 merely because the related final order made against the
17 respondent ceases to be in force.
18 Division 3 -- Procedures relating to behaviour
19 management order
20 10O. Notice of hearings
21 (1) Before a court makes a behaviour management order,
22 or varies or cancels a behaviour management order, a
23 registrar for the court must cause the notice of the
24 hearing to be served on the respondent.
25 (2) The court may make the order in the respondent's
26 absence if the respondent fails to attend the hearing.
27 (3) Despite subsection (1), if the respondent is before a
28 court when it makes a final order against the
29 respondent, the court may make an eligibility
30 assessment order, without giving any notice to the
31 respondent, immediately after it makes the final order.
page 25
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 10P. Approval of persons and of behaviour change
2 programme
3 (1) The Minister may approve, in writing, any person (an
4 eligibility assessor) who the Minister considers has
5 appropriate experience and qualifications to conduct
6 eligibility assessment interviews and prepare eligibility
7 assessment reports.
8 (2) The Minister may approve, in writing, a programme (a
9 behaviour change programme) that the Minister
10 considers appropriate to --
11 (a) facilitate the acceptance by a respondent of
12 responsibility for the respondent's family
13 violence and the effect it has on others; and
14 (b) encourage the respondent to stop committing
15 further family violence; and
16 (c) deal with any other issues relating to the
17 perpetrators of family violence.
18 (3) For the purposes of subsection (2), the Minister is to
19 specify the person or body providing a behaviour
20 change programme (a behaviour change programme
21 provider).
22 (4) The Minister must make available to a court if
23 asked --
24 (a) a list of the persons approved under
25 subsection (1) and their contact details; and
26 (b) a list of the behaviour change programmes
27 approved under subsection (2); and
28 (c) the contact details of the behaviour change
29 programme providers under subsection (3).
page 26
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 10Q. Eligibility assessor may be required to attend
2 hearing
3 (1) The court or the respondent may require an eligibility
4 assessor to attend to give evidence at the hearing of the
5 proceeding to which the report relates by filing a
6 written notice with the court as soon as possible and, if
7 practicable, not later than 2 working days before the
8 hearing.
9 (2) On the filing of a notice, a registrar for the court must
10 immediately arrange for the person concerned to be
11 notified that the person's attendance is required on the
12 date stated in the notice.
13 (3) A person who under this section, has been required by
14 the respondent to attend the hearing of a proceeding
15 must, if required by the respondent, be called as a
16 witness and may be cross-examined by the respondent
17 on the contents of the eligibility assessment report.
18 10R. Disputed eligibility assessment report
19 (1) If the respondent disputes any matter in an eligibility
20 assessment report, the court must not take the disputed
21 matter into consideration when determining the
22 proceeding unless it is satisfied, on the balance of
23 probabilities, that the matter is true.
24 (2) The court must not, without the respondent's consent,
25 take into consideration an eligibility assessment report,
26 or part of such a report, when determining the
27 proceeding if --
28 (a) the respondent disputes all or part of the report;
29 and
30 (b) the eligibility assessor who gave the report to
31 the court does not attend the hearing of the
32 proceeding despite having been required to
33 attend under section 10Q.
page 27
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 10S. Explanation of behaviour management orders
2 If a court proposes to make a behaviour management
3 order and the respondent is before the court, it must
4 explain to the respondent before making the order --
5 (a) the purpose, terms and effect of the proposed
6 order; and
7 (b) the consequences that may follow if the
8 respondent fails to comply with the terms of the
9 proposed order; and
10 (c) the means by which the proposed order may be
11 varied or cancelled.
12 10T. Variation or cancellation of behaviour management
13 orders
14 (1) A court may make an order (a variation or
15 cancellation order) varying or cancelling a behaviour
16 management order if --
17 (a) in relation to a behaviour management order --
18 (i) there is no longer any behaviour change
19 programme that is reasonably
20 practicable for the respondent to attend;
21 or
22 (ii) in all the circumstances of the case, the
23 order is no longer appropriate for any
24 other reason;
25 or
26 (b) in relation to a behaviour change order, there
27 has been a change in the circumstances in
28 which the order was made that significantly
29 impacts on the respondent's ability or capacity
30 to participate in a behaviour change
31 programme.
page 28
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 (2) A court may make the order on its own initiative or on
2 the application of --
3 (a) the respondent; or
4 (b) in relation to an eligibility assessment order, the
5 eligibility assessor; or
6 (c) in relation to a behaviour change order, the
7 behaviour change programme provider.
8 (3) The appropriate registrar for the court must cause a
9 copy of an application under subsection (2) to be
10 served on --
11 (a) in relation to an application by the respondent,
12 the eligibility assessor or behaviour change
13 programme provider, as the case may be; or
14 (b) in relation to an application by the eligibility
15 assessor or behaviour change programme
16 provider, the respondent.
17 10U. Service of orders
18 (1) If a court makes a behaviour management order, the
19 registrar is to prepare the order in the prescribed form
20 and --
21 (a) cause the respondent's copy and the
22 respondent's endorsement copy (if one is
23 required to be served) of the order to be served
24 on the person who is bound by the order; and
25 (b) cause the applicant's copy of the order to be
26 delivered to --
27 (i) in relation to an eligibility assessment
28 order, or a variation or cancellation
29 order relating to an eligibility
30 assessment order, the eligibility
31 assessor; or
32 (ii) in relation to a behaviour change order,
33 or a variation or cancellation order
page 29
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 relating to a behaviour change order, the
2 behaviour change programme provider.
3 (2) The registrar must cause a copy of the eligibility
4 assessment report, a report under section 10V or a
5 certificate under section 10W to be served on the
6 respondent as soon as practicable, and not later than
7 10 days after a court receives the report or certificate,
8 as the case requires.
9 Division 4 -- Other matters
10 10V. Respondent's participation in behaviour change
11 programme
12 (1) This section applies if a respondent participates in a
13 behaviour change programme.
14 (2) The behaviour change programme provider must, as
15 soon as practicable after the end of a programme,
16 provide a report, in the prescribed form, to the court
17 specifying details of the following --
18 (a) whether the respondent completed the
19 programme and the respondent's general
20 attendance at the programme;
21 (b) an assessment of the extent to which the
22 respondent's behaviour has changed or is likely
23 to change;
24 (c) an assessment of whether the respondent is still
25 a safety risk to any family member for whose
26 protection the relevant behaviour management
27 order was made (the victim);
28 (d) any known views of the victim regarding the
29 matters referred to in paragraphs (a) to (c).
page 30
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 10W. Respondent's contravention of behaviour
2 management order
3 (1) This section applies if a respondent contravenes a
4 behaviour management order.
5 (2) The eligibility assessor or behaviour change
6 programme provider, as the case may be, must --
7 (a) notify the Commissioner of Police, in writing,
8 of the contravention; and
9 (b) lodge with the court that made the behaviour
10 management order a certificate, in the
11 prescribed form, setting out the details of the
12 contravention.
13 (3) In the absence of evidence to the contrary, the
14 certificate referred to in paragraph (b) is proof of the
15 facts contained in it.
16 10X. Confidentiality of interviews and reports
17 (1) An eligibility assessor must not disclose any
18 information obtained during the course of conducting
19 an eligibility assessment interview or preparing an
20 eligibility assessment report to any person who is not
21 entitled to receive or have access to the report.
22 Penalty for this subsection: a fine of $1 000.
23 (2) A person who receives or otherwise has access to all or
24 part of an eligibility assessment report, or a copy of the
25 report, must not disclose any information contained in
26 the report to any person who is not entitled to receive
27 or have access to the report.
28 Penalty for this subsection: a fine of $1 000.
page 31
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 14
1 (3) A behaviour change programme provider must not
2 disclose any information in a report under section 10V
3 to any person who is not entitled to receive or have
4 access to the report.
5 Penalty for this subsection: a fine of $1 000.
6 (4) A person who receives or otherwise has access to all or
7 part of a report under section 10V, or a copy of the
8 report, must not disclose any information contained in
9 the report to any person who is not entitled to receive
10 or have access to the report.
11 Penalty for this subsection: a fine of $1 000.
12 (5) This section does not apply to the following
13 disclosures --
14 (a) a disclosure by, or authorised in writing by, the
15 respondent who is the subject of the eligibility
16 assessment report;
17 (b) a disclosure to a legal practitioner in connection
18 with the giving of legal advice or the provision
19 of representation in a proceeding under this
20 Act;
21 (c) a disclosure that is authorised by a court as
22 necessary for the purposes of this Part or
23 proceedings for a contravention of an order
24 under this Part (including any offence
25 constituted by such a contravention);
26 (d) a disclosure that is required, authorised or
27 permitted (whether expressly or impliedly) by
28 or under a law or by a court;
29 (e) a disclosure that does not identify the
30 respondent or from which the respondent's
31 identity cannot reasonably be ascertained;
32 (f) a disclosure of a kind prescribed in the
33 regulations.
page 32
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 14
1 10Y. Confidentiality of behaviour change programme
2 (1) A behaviour change programme provider must not
3 disclose any information obtained during the course of
4 providing the behaviour change programme to any
5 person who is not entitled to the information.
6 Penalty for this subsection: a fine of $1 000.
7 (2) Subsection (1) does not apply to the following
8 disclosures --
9 (a) a disclosure by, or authorised in writing by, the
10 respondent to whom the behaviour change
11 programme is provided;
12 (b) a disclosure to a legal practitioner in connection
13 with the giving of legal advice or the provision
14 of representation in a proceeding under this
15 Act;
16 (c) a disclosure that is authorised by a court as
17 necessary for the purposes of this Part or of a
18 proceeding;
19 (d) a disclosure that is required, authorised or
20 permitted (whether expressly or impliedly) by
21 or under a law or by a court;
22 (e) a disclosure that does not identify the
23 respondent or from which the respondent's
24 identity cannot reasonably be ascertained;
25 (f) a disclosure of a kind prescribed in the
26 regulations.
27 10Z. Delegation
28 The Minister may delegate to an officer of the
29 department of the Public Service principally assisting
30 the Minister in the administration of this Act all or any
31 of the functions that the Minister has under this Part,
32 other than this power of delegation.
33
page 33
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 15
1 15. Part 2 Division 1 heading deleted
2 Delete the heading to Part 2 Division 1.
3 16. Section 11 amended
4 In section 11 delete "violence restraining order" and insert:
5
6 VRO
7
8 Note: The heading to amended section 11 is to read:
9 VRO to specify names of person bound, and person protected, by
10 order
11 17. Section 11A amended
12 In section 11A:
13 (a) delete "violence restraining order" (each occurrence)
14 and insert:
15
16 VRO
17
18 (b) delete "an act of abuse" (each occurrence) and insert:
19
20 personal violence
21
22 (c) in paragraph (a) delete "such an act" and insert:
23
24 personal violence
25
26 (d) in paragraph (b) delete "reasonably fears" and insert:
27
28 has reasonable grounds to apprehend
29
30 Note: The heading to amended section 11A is to read:
31 When VROs may be made
page 34
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 18
1 18. Section 11B deleted
2 Delete section 11B.
3 19. Section 12 amended
4 (1) In section 12(1):
5 (a) delete "violence restraining order" and insert:
6
7 VRO
8
9 (b) delete "to -- " and insert:
10
11 to the following --
12
13 (c) in paragraph (a) delete "acts of abuse; and" and insert:
14
15 personal violence;
16
17 (d) delete paragraphs (b), (ba) and (c) and insert:
18
19 (b) the need to prevent behaviour that could
20 reasonably be expected to cause the person
21 seeking to be protected to apprehend that they
22 will have personal violence committed against
23 them;
24 (c) the need to ensure the wellbeing of children by
25 protecting them from personal violence,
26 behaviour referred to in paragraph (b) or
27 otherwise being exposed to personal violence;
28
29 (e) delete paragraph (f);
page 35
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 19
1 (f) in paragraph (h) delete "record" and insert:
2
3 convictions
4
5 (g) after each of paragraphs (d) to (i) delete "and".
6 (2) In section 12(2) delete "(b), (ba)" and insert:
7
8 (b)
9
10 (3) Delete section 12(5) and insert:
11
12 (5) The information is to be provided in the form of a
13 certificate signed by --
14 (a) a police officer of or above the rank of
15 sergeant; or
16 (b) a person --
17 (i) employed or engaged in the department
18 of the Public Service principally
19 assisting the Minister in the
20 administration of the Police Act 1892;
21 and
22 (ii) approved by the Commissioner of
23 Police for the purposes of this
24 subsection.
25
26 (4) In section 12(6) delete "inspector." and insert:
27
28 sergeant or a person referred to in subsection (5)(b), as the case
29 requires.
30
page 36
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 20
1 (5) After section 12(6) insert:
2
3 (7) In addition to subsections (3) to (6), the court may have
4 regard to any of its own records for the purposes of
5 subsection (1).
6 (8) Records referred to in subsection (7) are taken to be
7 proof of their contents in the absence of evidence to the
8 contrary.
9
10 Note: The heading to amended section 12 is to read:
11 Matters to be considered by court generally
12 20. Section 12A inserted
13 After section 12 insert:
14
15 12A. VROs not for persons in family relationship
16 A court is not to make a VRO unless it is satisfied that
17 the person seeking to be protected by the order and the
18 person bound by the order are not in a family
19 relationship with each other.
20
21 21. Section 13 amended
22 (1) In section 13(1):
23 (a) delete "violence restraining order" and insert:
24
25 VRO
26
27 (b) in paragraphs (a) and (aa) delete "an act of abuse" and
28 insert:
29
30 personal violence
31
page 37
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 21
1 (c) delete paragraph (b) and insert:
2
3 (b) behaving in a manner that could reasonably be
4 expected to cause the person seeking to be
5 protected to apprehend that they will have
6 personal violence committed against them.
7
8 (2) After section 13(2)(c) insert:
9
10 (ca) stalking the person seeking to be protected;
11
12 (3) In section 13(3) delete "absolutely or".
13 (4) In section 13(4) delete "violence restraining order" and insert:
14
15 VRO
16
17 (5) In section 13(5):
18 (a) delete "violence restraining order" and insert:
19
20 VRO
21
22 (b) delete "personal, and other prescribed, property" and
23 insert:
24
25 personal property, and other property of a kind
26 prescribed in the regulations,
27
28 (6) In section 13(6) delete "violence restraining order" and insert:
29
30 VRO
31
page 38
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 22
1 22. Part 2A heading and Part 2A Division 1 heading inserted
2 After section 13 insert:
3
4 Part 2A -- Provisions for FVRO and VRO
5 Division 1 -- Orders relating to firearms
6
7 23. Section 14 amended
8 (1) In section 14(1) delete "violence restraining order" and insert:
9
10 FVRO or VRO
11
12 (2) In section 14(2):
13 (a) delete "a violence restraining order" and insert:
14
15 an FVRO or VRO
16
17 (b) delete "the prescribed person and in the prescribed
18 manner," and insert:
19
20 a person and in a manner prescribed in the regulations,
21
22 (3) In section 14(3) delete "the prescribed manner." and insert:
23
24 a manner prescribed in the regulations.
25
page 39
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 24
1 (4) In section 14(4) delete "a violence restraining order --" and
2 insert:
3
4 an FVRO or VRO --
5
6 (5) In section 14(5) delete "a violence restraining order" and insert:
7
8 an FVRO or VRO
9
10 (6) In section 14(7):
11 (a) delete "a violence restraining order" and insert:
12
13 an FVRO or VRO
14
15 (b) delete "prescribed period" and insert:
16
17 period prescribed in the regulations
18
19 24. Part 2A Division 1A heading inserted
20 After section 14 insert:
21
22 Division 1A -- Duration of orders
23
24 25. Section 16 amended
25 (1) In section 16(1) delete "a violence restraining order" and insert:
26
27 an FVRO or VRO
28
page 40
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 26
1 (2) Delete section 16(5).
2 Note: The heading to amended section 16 is to read:
3 Duration of FVRO or VRO generally
4 26. Section 16A and 16B inserted
5 After section 16 insert:
6
7 16A. Duration of FVRO
8 (1) In this section --
9 prisoner means a person committed to prison for
10 punishment, or on remand, or for trial, safe custody, or
11 otherwise.
12 (2) Unless varied or cancelled under Part 5, a final order
13 that is an FVRO made against a respondent who is not
14 a prisoner remains in force for --
15 (a) in the case of an order made at a final order
16 hearing or under section 10H --
17 (i) the period (of whatever duration)
18 specified in the order from the date on
19 which the final order came into force; or
20 (ii) if no period is specified, 2 years from
21 the date on which the final order came
22 into force;
23 and
24 (b) in the case of a telephone order which became a
25 final order under section 32 -- 3 months from
26 when the telephone order came into force or
27 such shorter period as is specified in that order;
28 and
page 41
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 26
1 (c) in the case of any other interim order which
2 becomes a final order under section 32 --
3 (i) the period (of whatever duration)
4 specified in it from the date on which
5 the interim order came into force; or
6 (ii) if no period is specified, 2 years from
7 the date on which the interim order
8 came into force.
9 (3) Unless varied or cancelled under Part 5, a final order
10 that is an FVRO made against a respondent who is a
11 prisoner remains in force from the date on which the
12 final order comes into force for a period of --
13 (a) in the case of an order made at a final order
14 hearing or under section 10H, or any interim
15 order which becomes a final order under
16 section 32 -- 2 years, or such longer period as
17 is specified in that order, from when the
18 respondent is released from prison; and
19 (b) in the case of a telephone order which became a
20 final order under section 32 -- 3 months, or
21 such shorter period as is specified in that order,
22 from when the respondent is released from
23 prison.
24 (4) For the purposes of subsection (3), the date on which
25 the final order comes into force may be a date on which
26 the respondent is in prison.
27 (5) In specifying a period for which an FVRO remains in
28 force, the court must have regard to the following --
29 (a) that the safety of the person protected is
30 paramount;
31 (b) any assessment by the applicant or person
32 protected of the risk of family violence being
33 committed by the respondent.
page 42
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 26
1 (6) In specifying a period for which an FVRO remains in
2 force, the court may also take into account any matters
3 raised by the respondent that are relevant to the
4 duration of the order.
5 (7) Nothing in this section affects the operation of
6 section 50A.
7 16B. Duration of VRO
8 Unless varied or cancelled under Part 5, a final order
9 that is a VRO remains in force for --
10 (a) in the case of an order made at a final order
11 hearing --
12 (i) the period (of whatever duration)
13 specified in the order from the date on
14 which the final order came into force; or
15 (ii) if no period is specified, 2 years from
16 the date on which the final order came
17 into force;
18 and
19 (b) in the case of a telephone order which became a
20 final order under section 32 -- 3 months from
21 when the telephone order came into force or
22 such shorter period as is specified in that order;
23 and
24 (c) in the case of any other interim order which
25 becomes a final order under section 32 --
26 (i) the period (of whatever duration)
27 specified in it from the date on which
28 the interim order came into force; or
29 (ii) if no period is specified, 2 years from
30 the date on which the interim order
31 came into force.
32
page 43
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 27
1 27. Section 18 amended
2 In section 18(1) and (2) delete "a violence restraining order"
3 and insert:
4
5 an FVRO or VRO
6
7 28. Section 19 amended
8 In section 19 delete "a violence restraining order --" and insert:
9
10 an FVRO or VRO --
11
12 29. Section 20 amended
13 In section 20(1)(a) and (b) and 20(3) delete "a violence
14 restraining order" and insert:
15
16 an FVRO or VRO
17
18 30. Section 24A inserted
19 After section 24 insert:
20
21 24A. Application for FVRO
22 (1) An application for an FVRO may be made in person
23 by --
24 (a) the person seeking to be protected, if the person
25 is 16 years of age or older; or
26 (b) a police officer on behalf of the person seeking
27 to be protected, regardless of the age of the
28 person.
page 44
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 31
1 (2) An application for an FVRO may also be made --
2 (a) if the person seeking to be protected is a child,
3 by a parent or guardian of the child, or a child
4 welfare officer, on behalf of the child; or
5 (b) if the person seeking to be protected is a person
6 for whom a guardian has been appointed under
7 the Guardianship and Administration Act 1990,
8 by the guardian on behalf of the person.
9 (3) An application for an FVRO made in person is to be
10 made in the prescribed form to --
11 (a) if the respondent is a child, the Children's
12 Court; or
13 (b) if the respondent is not a child and the person
14 seeking to be protected is a child, the
15 Children's Court or the Magistrates Court; or
16 (c) otherwise, the Magistrates Court.
17
18 31. Section 25 amended
19 In section 25(1), (2) and (3) delete "a violence restraining order"
20 and insert:
21
22 a VRO
23
24 Note: The heading to amended section 25 is to read:
25 Application for VRO
26 32. Section 26 amended
27 In section 26(1) delete "section 25" and insert:
28
29 section 24A or 25
30
page 45
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 33
1 33. Section 29 amended
2 (1) In section 29(1)(a) delete " a violence restraining order; or" and
3 insert:
4
5 an FVRO or VRO; or
6
7 (2) In section 29(3) delete "a violence restraining order" and insert:
8
9 an FVRO or VRO
10
11 34. Part 2A Division 3A heading amended
12 In the heading to Part 2A Division 3A delete "and domestic".
13 35. Section 30A amended
14 In section 30A:
15 (a) delete "a violence restraining order" and insert:
16
17 an FVRO
18
19 (b) in paragraph (a)(i) delete "an act of family and
20 domestic" and insert:
21
22 family
23
24 (c) in paragraph (a)(i) delete "such an act;" and insert:
25
26 that violence;
27
page 46
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 36
1 (d) in paragraph (a)(ii) delete "an act of family and
2 domestic" and insert:
3
4 family
5
6 (e) in paragraph (a)(ii) before "relationship" delete "and
7 domestic";
8 (f) in paragraph (a)(ii) delete "such an act;" and insert:
9
10 that violence;
11
12 (g) in paragraph (b) delete "reasonably fears," (each
13 occurrence) and insert:
14
15 has reasonable grounds to apprehend,
16
17 (h) in paragraph (b)(i) delete "him or her" and insert:
18
19 the person
20
21 (i) in paragraph b(i) and (ii) delete "an act of family and
22 domestic" and insert:
23
24 family
25
26 36. Section 30B amended
27 In section 30B:
28 (a) delete "to --" and insert:
29
30 to the following --
31
page 47
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 37
1 (b) in paragraph (a) delete "acts of family and domestic
2 violence; and" and insert:
3
4 family violence;
5
6 (c) delete paragraphs (b), (c) and (d) and insert:
7
8 (b) the need to prevent behaviour that could
9 reasonably be expected to cause the person
10 seeking to be protected to apprehend that they
11 will have family violence committed against
12 them;
13 (c) the need to ensure the wellbeing of children by
14 protecting them from family violence,
15 behaviour referred to in paragraph (b) or
16 otherwise being exposed to family violence;
17
18 (d) after each of paragraphs (e) to (g) delete "and".
19 Note: The heading to amended section 30B is to read:
20 Matters to be considered by police officer generally
21 37. Section 30C amended
22 (1) In section 30C(1):
23 (a) in paragraph (a) delete "an act of family and domestic
24 violence; or" and insert:
25
26 family violence; or
27
page 48
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 38
1 (b) delete paragraph (b) and insert:
2
3 (b) behaving in a manner that could reasonably be
4 expected to cause the person seeking to be
5 protected to apprehend that they will have
6 family violence committed against them.
7
8 (2) In section 30C(3) delete "absolutely or".
9 38. Section 30D amended
10 In section 30D(1) delete "and domestic".
11 39. Section 30E amended
12 (1) Delete section 30E(1) and insert:
13
14 (1) Any police officer may serve a police order.
15
16 (2) In section 30E(4) after "someone else" insert:
17
18 who is 16 years of age or older
19
20 Note: The heading to amended section 30E is to read:
21 Police order to be served and explained
22 40. Section 34 amended
23 In section 34 delete "a misconduct restraining order" (each
24 occurrence) and insert:
25
26 an MRO
27
page 49
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 41
1 41. Section 35 amended
2 (1) In section 35(1):
3 (a) delete "a misconduct restraining order" and insert:
4
5 an MRO
6
7 (b) in paragraph (g) delete "record" and insert:
8
9 convictions
10
11 (2) In section 35(2):
12 (a) delete "a misconduct restraining order" and insert:
13
14 an MRO
15
16 (b) in paragraph (f) delete "record" and insert:
17
18 convictions
19
20 Note: The heading to amended section 35 is to read:
21 Matters to be considered by court generally
22 42. Section 35A amended
23 In section 35A:
24 (a) delete "a misconduct restraining order" and insert:
25
26 an MRO
27
28 (b) delete "and domestic".
29 Note: The heading to amended section 35A is to read:
30 MROs not for persons in family relationship
page 50
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 43
1 43. Section 36 amended
2 (1) In section 36(1) delete "a misconduct restraining order" and
3 insert:
4
5 an MRO
6
7 (2) After section 36(2)(c) insert:
8
9 (ca) stalking the person seeking to be protected;
10
11 (3) In section 36(4) delete "absolutely or".
12 (4) In section 36(5) delete "A misconduct restraining order" and
13 insert:
14
15 An MRO
16
17 (5) In section 36(6):
18 (a) delete "a misconduct restraining order" and insert:
19
20 an MRO
21
22 (b) delete "misconduct restraining order were a violence
23 restraining order." and insert:
24
25 MRO were a VRO.
26
page 51
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 44
1 44. Section 37 amended
2 (1) In section 37(1) delete "A misconduct restraining order" and
3 insert:
4
5 An MRO
6
7 (2) In section 37(2) delete "a misconduct restraining order" and
8 insert:
9
10 an MRO
11
12 Note: The heading to amended section 37 is to read:
13 Duration of MRO
14 45. Section 38 amended
15 In section 38(1), (2), (3) and (4) delete "a misconduct
16 restraining order" and insert:
17
18 an MRO
19
20 46. Section 39 amended
21 In section 39 delete "a misconduct restraining order" and insert:
22
23 an MRO
24
25 47. Section 41 amended
26 In section 41(1) and (2) delete "made," and insert:
27
28 made in relation to a VRO or MRO,
29
page 52
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 48
1 48. Section 43 amended
2 (1) In section 43(1a):
3 (a) in paragraph (a) delete "violence restraining order even
4 if the application was for a misconduct restraining
5 order;" and insert:
6
7 order for a VRO even if the application was for an
8 MRO;
9
10 (b) in paragraph (b) delete "misconduct restraining
11 order --" and insert:
12
13 order for an MRO --
14
15 (c) in paragraph (b)(i) delete "a violence restraining order;
16 and" and insert:
17
18 a VRO; and
19
20 (2) In section 43(2) and (3) after "final order" (each occurrence)
21 insert:
22
23 for a VRO or MRO
24
25 (3) After section 43(3) insert:
26
27 (4) Nothing in this section affects the power of the court to
28 make a conduct agreement order at a final order
29 hearing.
30
page 53
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 49
1 49. Section 44A amended
2 (1) In section 44A(1) delete "section 26(2) --" and insert:
3
4 section 26(2), a final order hearing for an FVRO or a hearing
5 fixed under section 47 for an FVRO --
6
7 (2) After section 44A(2) insert:
8
9 (2A) Except as otherwise provided in this Act, at a final
10 order hearing for an FVRO, the court may refuse to
11 admit, or may limit the use to be made of, evidence
12 if --
13 (a) the court is satisfied it is just and equitable to
14 do so; or
15 (b) the probative value of the evidence is
16 substantially outweighed by the danger that the
17 evidence may be unfairly prejudicial to a party
18 or misleading or confusing.
19
20 Note: The heading to amended section 44A is to read:
21 Rules of evidence not to apply in certain circumstances
22 50. Section 44C amended
23 In section 44C(1)(b) delete "and domestic".
24 51. Section 45 amended
25 (1) In section 45(5) delete "form prescribed under subsection (4)"
26 and insert:
27
28 prescribed form
29
page 54
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 52
1 (2) Delete section 45(6)(b) and insert:
2
3 (b) an MRO,
4
5 52. Section 45A amended
6 In section 45A:
7 (a) delete "a violence restraining order," and insert:
8
9 an FVRO or VRO,
10
11 (b) delete "the violence restraining order" and insert:
12
13 the FVRO or VRO
14
15 53. Section 47 amended
16 In section 47(3) delete "a misconduct restraining order" and
17 insert:
18
19 an MRO
20
21 54. Section 49B inserted
22 At the end of Part 5 insert:
23
24 49B. Matters to be considered by court generally
25 (1) When considering whether to vary or cancel an FVRO,
26 the court is to have regard to --
27 (a) the matters referred to in section 10F; and
page 55
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 55
1 (b) if the application for the variation or
2 cancellation is made by the person protected,
3 whether or not it is possible that threats have
4 been made against, or some other pressure has
5 been brought to bear on, the person protected.
6 (2) When considering whether to vary or cancel a VRO,
7 the court is to have regard to the matters referred to in
8 section 12.
9
10 55. Section 50C amended
11 In section 50C:
12 (a) delete "a violence restraining order" and insert:
13
14 an FVRO or VRO
15
16 (b) in paragraph (a) delete "has not attained the age of
17 16 years; and" and insert:
18
19 is under 16 years of age; and
20
21 Note: The heading to amended section 50C is to read:
22 CEO (child welfare) to be notified before certain FVROs or VROs
23 are made
24 56. Section 55 amended
25 (1) In section 55(1):
26 (a) in paragraph (b) delete "order." and insert:
27
28 order; or
29
page 56
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 56
1 (b) after paragraph (b) insert:
2
3 (c) the court makes an order for substituted service
4 under section 60.
5
6 (2) Delete section 55(3)(c) and insert:
7
8 (c) a conduct agreement order or a consent order;
9 and
10
11 (3) After section 55(5) insert:
12
13 (5A) If a person to whom information is to be given under
14 subsection (5) does not readily understand English, or
15 the person serving the restraining order is not satisfied
16 that the person understood the information, the person
17 serving the order is, as far as practicable, to arrange for
18 someone else who is 16 years of age or older to give
19 the information to the person in a way that the person
20 can understand.
21
22 (4) After section 55(6) insert:
23
24 (7) Oral service of a restraining order does not require the
25 person serving the order to be in possession of a copy
26 of it at the time of service if the terms of the order are
27 communicated to the respondent.
28
page 57
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 57
1 57. Section 58 amended
2 In section 58(1):
3 (a) in paragraph (c) delete "Division," and insert:
4
5 Division; or
6
7 (b) after paragraph (c) insert:
8
9 (d) effected substituted service in accordance with
10 section 60,
11
12 58. Section 60 amended
13 (1) After section 60(1) insert:
14
15 (1A) A court may order substituted service of an FVRO if it
16 is satisfied that --
17 (a) personal service or service by post is
18 impracticable for any reason, including (but not
19 limited to) the following --
20 (i) the person to be served does not have a
21 fixed place of residence or business;
22 (ii) the person to be served has a place of
23 residence or business that is too remote
24 to permit personal service or service by
25 post;
26 (iii) the person to be served is likely to avoid
27 personal service or service by post;
28 and
29 (b) any delay in service is likely to put at risk the
30 safety of the person seeking to be protected.
31
page 58
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 59
1 (2) After section 60(2) insert:
2
3 (3) The court is to consider making an order for substituted
4 service in relation to an FVRO in every case, whether it
5 is an interim order or a final order.
6 (4) The court may make an order for substituted service in
7 relation to an FVRO at the time of making the FVRO
8 or at any other time during the relevant proceedings.
9
10 Note: The heading to amended section 60 is to read:
11 Substituted service
12 59. Section 61 amended
13 (1) In section 61(1) delete "a violence restraining order" and insert:
14
15 an FVRO or VRO
16
17 (2) In section 61(1) delete the Penalty and insert:
18
19 Penalty for this subsection: a fine of $6 000 or
20 imprisonment for 2 years, or both.
21
22 (3) In section 61(2) delete "a misconduct restraining order" and
23 insert:
24
25 an MRO
26
27 (4) In section 61(2) delete the Penalty and insert:
28
29 Penalty for this subsection: a fine of $1 000.
30
page 59
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 60
1 (5) In section 61(2a) delete the Penalty and insert:
2
3 Penalty for this subsection: $6 000 or imprisonment for
4 2 years, or both.
5
6 (6) In section 61(4):
7 (a) delete "to be taken" and insert:
8
9 taken
10
11 (b) delete "and domestic";
12 (c) delete "an act of abuse." and insert:
13
14 family or personal violence.
15
16 60. Section 61A amended
17 (1) In section 61A(2)(b) after "or (2a)" insert:
18
19 (the previous offences)
20
21 (2) After section 61A(2) insert:
22
23 (2A) For the purposes of subsection (2)(b) each of the
24 previous offences is to be counted, regardless of
25 whether the convictions for them --
26 (a) were recorded before or after the date on which
27 the relevant offence, or any of the previous
28 offences, was committed; or
29 (b) have been counted in sentencing under this
30 section for a different relevant offence.
page 60
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 61
1 (2B) For the purposes of subsection (2)(b), convictions for
2 2 or more previous offences committed on the same
3 day are to be treated as a single conviction.
4
5 61. Section 61C inserted
6 After section 61B insert:
7
8 61C. Report under s. 10V to be considered in sentencing
9 for breach of FVRO
10 A court convicting a person for an offence under
11 section 61 for the breach of an FVRO must consider
12 any report under section 10V relating to the FVRO.
13
14 62. Section 62 amended
15 (1) After section 62(1)(c) insert:
16
17 (ca) attending a court hearing in proceedings under
18 this Act or under any other written law; or
19
20 (2) Delete section 62(2).
21 63. Section 62A amended
22 In section 62A delete "an act of family and domestic" (each
23 occurrence) and insert:
24
25 family
26
27 Note: The heading to amended section 62A is to read:
28 Investigation of suspected family violence
page 61
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 64
1 64. Section 62B amended
2 (1) In section 62B(1):
3 (a) delete "an act of family and domestic" (each occurrence)
4 and insert:
5
6 family
7
8 (b) delete "such an act" and insert:
9
10 family violence
11
12 (2) In section 62B(2) delete "an act of family and domestic" (each
13 occurrence) and insert:
14
15 family
16
17 (3) In section 62B(4) delete "prescribed manner." and insert:
18
19 manner prescribed in the regulations.
20
21 Note: The heading to amended section 62B is to read:
22 Entry and search of premises if family violence suspected
23 65. Section 62C amended
24 In section 62C(a) delete "section 18(1)(a)" and insert:
25
26 section 18(1)(a), 24A(1)(b)
27
28 Note: The heading to amended section 62C is to read:
29 Action to be taken by police officer after investigating suspected
30 family violence
page 62
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 66
1 66. Section 62D amended
2 (1) In section 62D(1) delete "section 62B(1)" and insert:
3
4 section 62B(1a)
5
6 (2) Delete section 62D(3)(b)(ii) and insert:
7
8 (ii) a person has committed, or is
9 committing, family violence against
10 another person.
11
12 (3) In section 62D(5) delete "an act of family and domestic
13 violence, or that such an act" and insert:
14
15 family violence, or that family violence
16
17 (4) In section 62D(8) in the definition of senior officer in
18 paragraph (b) delete "inspector." and insert:
19
20 sergeant.
21
22 67. Section 62E amended
23 (1) In section 62E(1) delete "a violence restraining order" and
24 insert:
25
26 an FVRO or VRO
27
page 63
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 68
1 (2) In section 62E(2) delete "prescribed manner." and insert:
2
3 manner prescribed in the regulations.
4
5 68. Section 62F amended
6 (1) In section 62F(1):
7 (a) in paragraph (c) delete "require that person to remain in
8 a place designated by the police officer" and insert:
9
10 order that person to remain in a place designated by the
11 police officer, or accompany the police officer to a
12 police station or some other place and wait at that place,
13
14 (b) in paragraph (d) delete "remain in the place," and insert:
15
16 comply with the order under paragraph (c),
17
18 (2) After section 62F(1) insert:
19
20 (1A) A person who, without reasonable excuse, does not
21 comply with an order under section 62F(1)(c) commits
22 an offence.
23 Penalty for this subsection: a fine of $3 000 or
24 imprisonment for 12 months.
25
26 (3) In section 62F(2):
27 (a) delete paragraph (a) and insert:
28
29 (a) order that person to remain in a place
30 designated by the police officer, or accompany
31 the police officer to a police station or some
page 64
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 69
1 other place and wait at that place, while the
2 officer gets the restraining order; and
3
4 (b) in paragraph (b) delete "remain in the place," and insert:
5
6 comply with the order under paragraph (a),
7
8 (4) After section 62F(2) insert:
9
10 (3) A person who, without reasonable excuse, does not
11 comply with an order under section 62F(2)(a) commits
12 an offence.
13 Penalty for this subsection: a fine of $3 000 or
14 imprisonment for 12 months.
15
16 69. Section 63 amended
17 (1) In section 63(4):
18 (a) in paragraph (a) delete "section 11A, 11B" and insert:
19
20 section 10D, 11A
21
22 (b) in paragraph (b) delete "section 12" and insert:
23
24 section 10F, 12
25
26 (c) in paragraph (c) delete "be heard" and insert:
27
28 make submissions
29
page 65
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 69
1 (2) After section 63(4) insert:
2
3 (4AA) In the absence of exceptional circumstances, a court is
4 taken to have grounds for making an FVRO against a
5 person if --
6 (a) the person pleads guilty to, or is found guilty
7 of --
8 (i) an offence against The Criminal Code
9 section 301, 304(1), 313, 317, 317A,
10 323, 324, 333, 338A, 338B, 338C
11 or 338E; or
12 (ii) an offence against The Criminal Code
13 section 444 that is dealt with summarily;
14 and
15 (b) the court is satisfied, by a victim impact
16 statement given in relation to the offence or by
17 any other means, that a family member of the
18 person wants to be protected by the FVRO.
19 (4AB) An FVRO made under subsection (4AA) is to restrain
20 the person from doing all or any of the following --
21 (a) being on or near premises where the person
22 seeking to be protected lives or works;
23 (b) approaching within a specified distance of the
24 person seeking to be protected;
25 (c) communicating, or attempting to communicate,
26 (by whatever means) with the person seeking to
27 be protected;
28 (d) anything else referred to in section 10G(2) that
29 is specified by the court in the FVRO.
30
page 66
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 70
1 70. Section 63A amended
2 (1) Before section 63A(1) insert:
3
4 (1A) In this section --
5 violent personal offence means --
6 (a) an offence against The Criminal Code
7 section 283, 297, 325, 326, 327 or 328; or
8 (b) where the person committing the offence is in a
9 family relationship with a victim of the
10 offence --
11 (i) an offence against The Criminal Code
12 section 292, 293, 294, 304(2), 320, 321,
13 321A, 329 or 332;
14 (ii) an offence against The Criminal Code
15 section 444 that is dealt with on
16 indictment.
17
18 (2) In section 63A(1) delete "offence, within the meaning of
19 subsection (5)," and insert:
20
21 offence
22
23 (3) In section 63A(1)(a) and (b) delete "a violence restraining
24 order" and insert:
25
26 an FVRO or VRO, as is appropriate to the case,
27
28 (4) In section 63A(4) delete "a violence restraining order" and
29 insert:
30
31 the order
32
page 67
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 71
1 (5) Delete section 63A(5).
2 Note: The heading to amended section 63A is to read:
3 FVRO or VRO made if certain violent personal offences
4 committed
5 71. Section 63B replaced
6 Delete section 63B and insert:
7
8 63B. Circumstances to be taken into account when
9 sentencing for certain offences
10 (1) In this section --
11 violent personal offence means --
12 (a) an offence mentioned in The Criminal Code
13 section 277; or
14 (b) an offence against The Criminal Code
15 section 281, 283, 292, 293, 294, 304, 320, 321,
16 321A, 329, 332, 333, 338A, 338B, 338C, 338E
17 or 444.
18 (2) Where a person commits a violent personal offence, the
19 court sentencing the person is to determine the
20 seriousness of the offence by reference to whether --
21 (a) the person is in a family relationship with a
22 victim of the offence; or
23 (b) a child was present when the offence was
24 committed; or
25 (c) the conduct of the person in committing the
26 offence constituted a breach of a restraining
27 order.
28 (3) Nothing in subsection (2) affects the discretion of a
29 court to decide whether or not a circumstance set out in
30 that subsection is a circumstance to take into account in
31 sentencing an offender for any other offence.
32
page 68
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 72
1 72. Section 63D inserted
2 After section 63C insert:
3
4 63D. Court to give reasons for certain decisions
5 (1) A court must give reasons for --
6 (a) making an order relating to an FVRO under
7 section 23(1)(b) or (c), 29(1)(b) or (c)
8 or 40(3)(b) or (c); or
9 (b) refusing to make an order under section 43(1)
10 relating to an FVRO.
11 (2) The reasons must address the principles referred to in
12 section 10B(1)(a), (b) and (c).
13
14 73. Section 64 amended
15 Delete section 64(1)(b) and insert:
16
17 (b) to do any of the following --
18 (i) make, vary or cancel a final order;
19 (ii) refuse to make, vary or cancel a final
20 order;
21 (iii) make any other order in relation to a
22 final order,
23
24 74. Section 67 amended
25 After section 67(2) insert:
26
27 (2A) The reasons must address the principles referred to in
28 section 10B(1)(a), (b) and (c).
29
page 69
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 75
1 75. Section 68 amended
2 (1) In section 68(1) delete "order." and insert:
3
4 order (a third party) if it is satisfied that it would have been able
5 to make the order in respect of the third party had the third party
6 made a separate application for the order.
7
8 (2) After section 68(2) insert:
9
10 (3) This section does not apply to an FVRO made under
11 section 63(4AA).
12
13 76. Section 70 amended
14 (1) In section 70(1) delete "subsection (3)," and insert:
15
16 subsection (1A) or (3),
17
18 (2) After section 70(1) insert:
19
20 (1A) Subsection (1) does not apply to a disclosure of
21 information to a person who is, or who is in a class of
22 persons that is, prescribed in the regulations for the
23 purposes of this subsection.
24 (1B) If the information is disclosed to a person referred to in
25 subsection (1A) --
26 (a) no civil or criminal liability is incurred in
27 respect of the disclosure of the information; and
28 (b) the disclosure of the information is not to be
29 regarded as a breach of any duty of
30 confidentiality or secrecy imposed by any
31 written or other law; and
page 70
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 77
1 (c) the disclosure of the information is not to be
2 regarded as a breach of professional ethics or
3 standards or as unprofessional conduct.
4
5 (3) In section 70(2) delete the Penalty and insert:
6
7 Penalty for this subsection: a fine of $6 000 or
8 imprisonment for 18 months.
9
10 77. Section 70A amended
11 (1) In section 70A(1) in the definition of prescribed information:
12 (a) after "prescribed" insert:
13
14 in the regulations
15
16 (b) delete "a violence restraining order," and insert:
17
18 an FVRO or VRO,
19
20 (2) In section 70A(2) delete "a violence restraining order," and
21 insert:
22
23 an FVRO or VRO,
24
25 78. Section 71 amended
26 (1) In section 71(1) delete the definition of firearms order and
27 insert:
28
29 firearms order means --
30 (a) an FVRO or VRO; or
page 71
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 79
1 (b) an MRO that prohibits a person from being in
2 possession of a firearm;
3
4 (2) In section 71(3) delete the Penalty and insert:
5
6 Penalty for this subsection: a fine of $2 000 or
7 imprisonment for 9 months.
8
9 (3) In section 71(6) delete the Penalty and insert:
10
11 Penalty for this subsection:
12 (a) in the case of a responsible person -- a fine
13 of $4 000;
14 (b) in the case of a co-licensee -- a fine of
15 $4 000 or imprisonment for 12 months.
16
17 79. Section 72A inserted
18 After section 72 insert:
19
20 72A. Forms
21 The prescribed forms for a restraining order and a
22 telephone order must contain a brief summary of the
23 effect of section 44B.
24
25 80. Section 73 amended
26 Delete section 73(3).
page 72
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Restraining Orders Act 1997 amended Part 2
s. 81
1 81. Section 73A inserted
2 At the end of Part 6 insert:
3
4 73A. Review of certain amendments relating to FVROs
5 (1) In this section --
6 review date means the second anniversary of the day
7 on which the Restraining Orders and Related
8 Legislation Amendment (Family Violence) Act 2016
9 section 3 comes into operation.
10 (2) As soon as practicable after the review date the
11 Minister is to review the operation and effectiveness of
12 the amendments made to this Act by the Restraining
13 Orders and Related Legislation Amendment (Family
14 Violence) Act 2016 Part 2.
15 (3) The Minister is to cause a report of the review to be
16 laid before each House of Parliament within 6 months
17 after the review date.
18
19 82. Section 75 amended
20 In section 75(2) delete "manner" and insert:
21
22 form
23
24 83. Section 77 amended
25 In section 77(1) delete "a violence restraining order" and insert:
26
27 an FVRO or VRO
28
page 73
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 2 Restraining Orders Act 1997 amended
s. 84
1 84. Section 79A amended
2 In section 79A delete "prescribed country" and insert:
3
4 country prescribed in the regulations
5
6 85. Section 79B amended
7 In section 79B(2) delete "form prescribed for the purposes of "
8 and insert:
9
10 prescribed form referred to in
11
12 86. Section 79D amended
13 In section 79D(1) delete "a violence restraining order" and
14 insert:
15
16 an FVRO or VRO
17
page 74
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Consequential amendments to other Acts Part 3
Bail Act 1982 amended Division 1
s. 87
1 Part 3 -- Consequential amendments to other Acts
2 Division 1 -- Bail Act 1982 amended
3 87. Act amended
4 This Division amends the Bail Act 1982.
5 88. Section 16A amended
6 In section 16A(3) before "violence" insert:
7
8 family violence restraining orders or
9
10 89. Schedule 1 amended
11 In Schedule 1 Part C clause 3B(6) in the definition of protective
12 condition or order paragraph (b) delete "a violence" and insert:
13
14 a family violence restraining order or a violence
15
16 Division 2 -- Children and Community Services
17 Act 2004 amended
18 90. Act amended
19 This Division amends the Children and Community Services
20 Act 2004.
21 91. Section 3 amended
22 (1) In section 3 delete the definitions of:
23 act of family and domestic violence
24 exposed
page 75
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 3 Consequential amendments to other Acts
Division 2 Children and Community Services Act 2004 amended
s. 92
1 (2) In section 3 insert in alphabetical order:
2
3 exposed, in relation to family violence, has the
4 meaning given in the Restraining Orders Act 1997
5 section 6A(1);
6 family violence has the meaning given in the
7 Restraining Orders Act 1997 section 5A(1);
8
9 (3) In section 3 in the definition of social services paragraph (l)
10 delete "and domestic".
11 92. Section 23 amended
12 In section 23 in the definition of relevant information
13 paragraph (a)(iii) delete "one or more acts of family and
14 domestic" and insert:
15
16 family
17
18 93. Section 28A amended
19 In section 28A(1) in the definition of relevant information
20 paragraph (a)(ii) delete "one or more acts of family and
21 domestic" and insert:
22
23 family
24
25 94. Section 28 amended
26 In section 28(1) in the definition of emotional abuse
27 paragraph (b) delete "an act of family and domestic" and insert:
28
29 family
30
page 76
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Consequential amendments to other Acts Part 3
Community Protection (Offender Reporting) Act 2004 Division 3
amended
s. 95
1 Division 3 -- Community Protection (Offender Reporting)
2 Act 2004 amended
3 95. Act amended
4 This Division amends the Community Protection (Offender
5 Reporting) Act 2004.
6 96. Section 107 amended
7 (1) In section 107(1) delete the definitions of:
8 misconduct restraining order, police order and violence
9 restraining order
10 restraining order
11 (2) In section 107(1) insert in alphabetical order:
12
13 restraining order means --
14 (a) a restraining order as defined in the Restraining
15 Orders Act 1997 section 3(1); or
16 (b) a police order as defined in the Restraining
17 Orders Act 1997 section 3(1).
18
19 Division 4 -- The Criminal Code amended
20 97. Act amended
21 This Division amends The Criminal Code.
22 98. Section 1 amended
23 After section 1(4) insert:
24
25 (4A) In this Code, unless the context otherwise indicates --
26 (a) a reference to causing or doing bodily harm to a
27 person includes, if the person is a pregnant
page 77
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 3 Consequential amendments to other Acts
Division 4 The Criminal Code amended
s. 99
1 woman, a reference to causing or doing bodily
2 harm to the woman's unborn child; and
3 (b) a reference to intending to cause or intending to
4 do bodily harm to a person includes, if the
5 person is a pregnant woman, a reference to
6 intending to cause or intending to do bodily
7 harm to the woman's unborn child; and
8 (c) a reference to causing or doing grievous bodily
9 harm to a person includes, if the person is a
10 pregnant woman --
11 (i) a reference to causing or doing grievous
12 bodily harm to the woman's unborn
13 child; and
14 (ii) a reference to causing the loss of the
15 woman's pregnancy;
16 and
17 (d) a reference to intending to cause or intending to
18 do grievous bodily harm to a person includes, if
19 the person is a pregnant woman --
20 (i) a reference to intending to cause or
21 intending to do grievous bodily harm to
22 the woman's unborn child; and
23 (ii) a reference to intending to cause the loss
24 of the woman's pregnancy.
25
26 99. Section 221 amended
27 (1) In section 221(1) in the definition of circumstances of
28 aggravation:
29 (a) in paragraph (a) delete "and domestic";
30 (b) in paragraph (c) delete "order" and insert:
31
32 order, other than an order under Part 1C,
33
page 78
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Consequential amendments to other Acts Part 3
Criminal Investigation Act 2006 amended Division 5
s. 100
1 (2) Delete section 221(2) and insert:
2
3 (2) In this section --
4 family relationship has the meaning given in the
5 Restraining Orders Act 1997 section 4(1).
6
7 100. Section 281 amended
8 In section 281(1) delete "10 years." and insert:
9
10 20 years.
11
12 Division 5 -- Criminal Investigation Act 2006 amended
13 101. Act amended
14 This Division amends the Criminal Investigation Act 2006.
15 102. Section 128 replaced
16 (1) In section 128(1) in the definition of serious offence delete
17 paragraph (c) and insert:
18
19 (c) that involves family violence as defined in the
20 Restraining Orders Act 1997 section 5A(2)(a),
21 (b), (e) or (j) or a threat to enact that violence;
22 or
23
24 103. Section 135 amended
25 In section 135(2):
26 (a) in paragraph (b) delete "place." and insert:
27
28 place; or
29
page 79
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 3 Consequential amendments to other Acts
Division 6 Prisons Act 1981 amended
s. 104
1 (b) after paragraph (b) insert:
2
3 (c) the person is complying with an order under the
4 Restraining Orders Act 1997 section 62F(1)(c)
5 or (2)(a).
6
7 Division 6 -- Prisons Act 1981 amended
8 104. Act amended
9 This Division amends the Prisons Act 1981.
10 105. Section 113B amended
11 (1) In section 113B(1) insert in alphabetical order:
12
13 violent personal offence means --
14 (a) an offence specified in the Restraining Orders
15 Act 1997 section 63(4AA)(a); or
16 (b) a violent personal offence as defined in the
17 Restraining Orders Act 1997 section 63A(1A).
18
19 (2) In section 113B(1) in the definition of victim:
20 (a) in paragraph (b) delete "deceased." and insert:
21
22 deceased; or
23
24 (b) after paragraph (b) insert:
25
26 (c) a person protected by a family violence
27 restraining order under the Restraining Orders
28 Act 1997 to which the prisoner is a respondent;
29 or
page 80
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Consequential amendments to other Acts Part 3
Sentence Administration Act 2003 amended Division 7
s. 106
1 (d) a person who can demonstrate, to the
2 satisfaction of the chief executive officer
3 that --
4 (i) the person is the victim of an act that, if
5 prosecuted successfully, would
6 constitute a violent personal offence
7 committed by the prisoner; and
8 (ii) the act was committed by the prisoner in
9 the context of a family relationship, as
10 defined in the Restraining Orders
11 Act 1997 section 4, with the person.
12
13 (3) After section 113B(1) insert:
14
15 (1A) For the purposes of subsection (1) in the definition of
16 victim paragraph (c) or (d), it is irrelevant that the
17 family violence restraining order or the violent
18 personal offence, as the case requires, is unrelated to
19 the offence referred to in paragraph (a) or (b) of that
20 definition.
21
22 Division 7 -- Sentence Administration Act 2003 amended
23 106. Act amended
24 This Division amends the Sentence Administration Act 2003.
25 107. Section 4 amended
26 (1) In section 4(2) delete the definition of victim and insert:
27
28 victim of an offender or prisoner has the meaning given
29 in section 5D;
30
page 81
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Part 3 Consequential amendments to other Acts
Division 7 Sentence Administration Act 2003 amended
s. 108
1 108. Section 5A amended
2 In section 5A(d) delete "an offence for which the prisoner is in
3 custody if the prisoner" and insert:
4
5 the prisoner if the prisoner
6
7 109. Section 5C amended
8 In section 5C(1) delete "offence for which a prisoner" and
9 insert:
10
11 offender who
12
13 110. Section 5D inserted
14 At the end of Part 2 Division 1 insert:
15
16 5D. Term used: victim of an offender or prisoner
17 (1) In this Act --
18 victim of an offender or prisoner means --
19 (a) a person who has suffered injury, loss or
20 damage as a direct result of an offence
21 committed by the offender or prisoner, whether
22 or not that injury, loss or damage was
23 reasonably foreseeable by the offender or
24 prisoner; or
25 (b) where an offence committed by the offender or
26 prisoner resulted in a death, any member of the
27 immediate family of the deceased; or
28 (c) a person protected by a family violence
29 restraining order under the Restraining Orders
30 Act 1997 to which the offender or prisoner is a
31 respondent; or
page 82
Restraining Orders and Related Legislation Amendment (Family Violence)
Bill 2016
Consequential amendments to other Acts Part 3
Sentence Administration Act 2003 amended Division 7
s. 111
1 (d) a person who can demonstrate, to the
2 satisfaction of the CEO that --
3 (i) the person is the victim of a violent
4 personal offence previously committed
5 by the offender or prisoner; and
6 (ii) the violent personal offence occurred in
7 the context of a family relationship, as
8 defined in the Restraining Orders
9 Act 1997 section 4, with the offender or
10 prisoner.
11 violent personal offence means --
12 (a) an offence specified in the Restraining Orders
13 Act 1997 section 63(4AA)(a); or
14 (b) a violent personal offence as defined in the
15 Restraining Orders Act 1997 section 63A(1A).
16 (2) For the purposes of subsection (1) in the definition of
17 victim paragraph (c) or (d), it is irrelevant that the
18 family violence restraining order or the previous
19 violent personal offence, as the case requires, is
20 unrelated to the offence referred to in paragraph (a)
21 or (b) of that definition.
22
23 111. Section 30 amended
24 In section 30(b) delete "an offence committed by the prisoner"
25 and insert:
26
27 a prisoner
28
29 112. Section 97D amended
30 Delete section 97D(1).
31
32
[Index] [Search] [Download] [Related Items] [Help]