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This is a Bill, not an Act. For current law, see the Acts databases.


RESTRAINING ORDERS AND RELATED LEGISLATION AMENDMENT (FAMILY VIOLENCE) BILL 2016

                     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



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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


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                                                                   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



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      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 67 amended                                          69
      74.     Section 68 amended                                          69
      75.     Section 70 amended                                          70
      76.     Section 70A amended                                         70
      77.     Section 71 amended                                          71
      78.     Section 72A inserted                                        71
              72A.     Forms                                         71
      79.     Section 73 amended                                          72
      80.     Section 73A inserted                                        72
              73A.     Review of certain amendments relating to
                       FVROs                                         72
      81.     Section 75 amended                                          72
      82.     Section 77 amended                                          73
      83.     Section 79A amended                                         73
      84.     Section 79B amended                                         73
      85.     Section 79D amended                                         73


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                                                              Contents


             Part 3 -- Consequential amendments
                  to other Acts
             Division 1 -- Bail Act 1982 amended
    86.      Act amended                                         74
    87.      Section 16A amended                                 74
    88.      Schedule 1 amended                                  74
             Division 2 -- Children and Community Services
                   Act 2004 amended
    89.      Act amended                                         74
    90.      Section 3 amended                                   74
    91.      Section 23 amended                                  75
    92.      Section 28A amended                                 75
    93.      Section 28 amended                                  75
             Division 3 -- Community Protection (Offender
                   Reporting) Act 2004 amended
    94.      Act amended                                         76
    95.      Section 107 amended                                 76
             Division 4 -- The Criminal Code amended
    96.      Act amended                                         76
    97.      Section 1 amended                                   76
    98.      Section 221 amended                                 77
    99.      Section 281 amended                                 78
             Division 5 -- Criminal Investigation Act 2006
                   amended
    100.     Act amended                                         78
    101.     Section 128 replaced                                78
             Division 6 -- Prisons Act 1981 amended
    102.     Act amended                                         78
    103.     Section 113B amended                                79
             Division 7 -- Sentence Administration Act 2003
                   amended
    104.     Act amended                                         80
    105.     Section 4 amended                                   80
    106.     Section 5A amended                                  80
    107.     Section 5C amended                                  80




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      108.    Section 5D inserted                                 81
              5D.      Term used: victim of an offender or
                       prisoner                              81
      109.    Section 30 amended                                  82
      110.    Section 97D amended                                 82




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)
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     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.




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                          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)
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     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;

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     Restraining Orders and Related Legislation Amendment (Family Violence)
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                          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)
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     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".




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     Restraining Orders and Related Legislation Amendment (Family Violence)
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                          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)
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     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)
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                          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)
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     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)
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     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)
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                          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)
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     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)
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                          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;


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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.




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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


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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).


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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.



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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;



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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

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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.

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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


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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
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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.


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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).




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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.

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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.



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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

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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).




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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.




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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.


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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)
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     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
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                                                                   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)
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     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
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                          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)
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     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
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                          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
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                          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
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                          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)
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     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)
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                          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)
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     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)
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     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)
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     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




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                          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
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                                                                   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.



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                          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
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                                                                   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 67 amended
15                After section 67(2) insert:
16

17               (2A)   The reasons must address the principles referred to in
18                      section 10B(1)(a), (b) and (c).
19


20   74.          Section 68 amended
21         (1)    In section 68(1) delete "order." and insert:
22

23                order (a third party) if it is satisfied that it would have been able
24                to make the order in respect of the third party had the third party
25                made a separate application for the order.
26




                                                                              page 69
     Restraining Orders and Related Legislation Amendment (Family Violence)
     Bill 2016
     Part 2         Restraining Orders Act 1997 amended

     s. 75


1          (2)   After section 68(2) insert:
2

3                (3)    This section does not apply to an FVRO made under
4                       section 63(4AA).
5


6    75.         Section 70 amended
7                In section 70(2) delete the Penalty and insert:
8

9                       Penalty for this subsection: a fine of $6 000 or
10                         imprisonment for 18 months.
11


12   76.         Section 70A amended
13         (1)   In section 70A(1) in the definition of prescribed information:
14                 (a) after "prescribed" insert:
15

16                       in the regulations
17

18                (b)    delete "a violence restraining order," and insert:
19

20                       an FVRO or VRO,
21

22         (2)   In section 70A(2) delete "a violence restraining order," and
23               insert:
24

25               an FVRO or VRO,
26




     page 70
     Restraining Orders and Related Legislation Amendment (Family Violence)
                                                                   Bill 2016
                          Restraining Orders Act 1997 amended         Part 2

                                                                                s. 77


1    77.         Section 71 amended
2          (1)   In section 71(1) delete the definition of firearms order and
3                insert:
4

5                      firearms order means --
6                        (a) an FVRO or VRO; or
7                        (b) an MRO that prohibits a person from being in
8                             possession of a firearm;
9

10         (2)   In section 71(3) delete the Penalty and insert:
11

12                     Penalty for this subsection: a fine of $2 000 or
13                        imprisonment for 9 months.
14

15         (3)   In section 71(6) delete the Penalty and insert:
16

17                     Penalty for this subsection:
18                         (a) in the case of a responsible person -- a fine
19                               of $4 000;
20                         (b) in the case of a co-licensee -- a fine of
21                               $4 000 or imprisonment for 12 months.
22


23   78.         Section 72A inserted
24               After section 72 insert:
25


26           72A.      Forms
27                     The prescribed forms for a restraining order and a
28                     telephone order must contain a brief summary of the
29                     effect of section 44B.
30




                                                                          page 71
     Restraining Orders and Related Legislation Amendment (Family Violence)
     Bill 2016
     Part 2         Restraining Orders Act 1997 amended

     s. 79


1    79.       Section 73 amended
2              Delete section 73(3).

3    80.       Section 73A inserted
4              At the end of Part 6 insert:
5


6            73A.     Review of certain amendments relating to FVROs
7              (1)    In this section --
8                     review date means the second anniversary of the day
9                     on which the Restraining Orders and Related
10                    Legislation Amendment (Family Violence) Act 2016
11                    section 3 comes into operation.
12             (2)    As soon as practicable after the review date the
13                    Minister is to review the operation and effectiveness of
14                    the amendments made to this Act by the Restraining
15                    Orders and Related Legislation Amendment (Family
16                    Violence) Act 2016 Part 2.
17             (3)    The Minister is to cause a report of the review to be
18                    laid before each House of Parliament within 6 months
19                    after the review date.
20


21   81.       Section 75 amended
22             In section 75(2) delete "manner" and insert:
23

24             form
25




     page 72
     Restraining Orders and Related Legislation Amendment (Family Violence)
                                                                   Bill 2016
                          Restraining Orders Act 1997 amended         Part 2

                                                                           s. 82


1    82.     Section 77 amended
2            In section 77(1) delete "a violence restraining order" and insert:
3

4            an FVRO or VRO
5


6    83.     Section 79A amended
7            In section 79A delete "prescribed country" and insert:
8

9            country prescribed in the regulations
10


11   84.     Section 79B amended
12           In section 79B(2) delete "form prescribed for the purposes of "
13           and insert:
14

15           prescribed form referred to in
16


17   85.     Section 79D amended
18           In section 79D(1) delete "a violence restraining order" and
19           insert:
20

21           an FVRO or VRO
22




                                                                       page 73
     Restraining Orders and Related Legislation Amendment (Family Violence)
     Bill 2016
     Part 3         Consequential amendments to other Acts
     Division 1     Bail Act 1982 amended
     s. 86


1      Part 3 -- Consequential amendments to other Acts
2                       Division 1 -- Bail Act 1982 amended
3    86.         Act amended
4                This Division amends the Bail Act 1982.

5    87.         Section 16A amended
6                In section 16A(3) before "violence" insert:
7

8                family violence restraining orders or
9


10   88.         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   89.         Act amended
19               This Division amends the Children and Community Services
20               Act 2004.

21   90.         Section 3 amended
22         (1)   In section 3 delete the definitions of:
23               act of family and domestic violence
24               exposed




     page 74
     Restraining Orders and Related Legislation Amendment (Family Violence)
                                                                   Bill 2016
                        Consequential amendments to other Acts        Part 3
            Children and Community Services Act 2004 amended     Division 2
                                                                        s. 91


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   91.         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   92.         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   93.         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 75
     Restraining Orders and Related Legislation Amendment (Family Violence)
     Bill 2016
     Part 3         Consequential amendments to other Acts
     Division 3     Community Protection (Offender Reporting) Act 2004
                    amended
     s. 94

1           Division 3 -- Community Protection (Offender Reporting)
2                            Act 2004 amended
3    94.          Act amended
4                 This Division amends the Community Protection (Offender
5                 Reporting) Act 2004.

6    95.          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   96.          Act amended
21                This Division amends The Criminal Code.

22   97.          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 76
     Restraining Orders and Related Legislation Amendment (Family Violence)
                                                                   Bill 2016
                       Consequential amendments to other Acts         Part 3
                                  The Criminal Code amended      Division 4
                                                                        s. 98


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   98.         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 77
     Restraining Orders and Related Legislation Amendment (Family Violence)
     Bill 2016
     Part 3         Consequential amendments to other Acts
     Division 5     Criminal Investigation Act 2006 amended
     s. 99


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    99.         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   100.        Act amended
14               This Division amends the Criminal Investigation Act 2006.

15   101.        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                     Division 6 -- Prisons Act 1981 amended
25   102.        Act amended
26               This Division amends the Prisons Act 1981.




     page 78
     Restraining Orders and Related Legislation Amendment (Family Violence)
                                                                   Bill 2016
                       Consequential amendments to other Acts         Part 3
                                    Prisons Act 1981 amended     Division 6
                                                                      s. 103


1    103.     Section 113B amended
2       (1)   In section 113B(1) insert in alphabetical order:
3

4                    violent personal offence means --
5                      (a) an offence specified in the Restraining Orders
6                            Act 1997 section 63(4AA)(a); or
7                      (b) a violent personal offence as defined in the
8                            Restraining Orders Act 1997 section 63A(1A).
9

10      (2)   In section 113B(1) in the definition of victim:
11              (a) in paragraph (b) delete "deceased." and insert:
12

13                    deceased; or
14

15             (b)    after paragraph (b) insert:
16

17                    (c)   a person protected by a family violence
18                          restraining order under the Restraining Orders
19                          Act 1997 to which the prisoner is a respondent;
20                          or
21                    (d)   a person who can demonstrate, to the
22                          satisfaction of the chief executive officer
23                          that --
24                             (i) the person is the victim of an act that, if
25                                  prosecuted successfully, would
26                                  constitute a violent personal offence
27                                  committed by the prisoner; and
28                            (ii) the act was committed by the prisoner in
29                                  the context of a family relationship, as
30                                  defined in the Restraining Orders
31                                  Act 1997 section 4, with the person.
32




                                                                         page 79
     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. 104


1       (3)    After section 113B(1) insert:
2

3             (1A)   For the purposes of subsection (1) in the definition of
4                    victim paragraph (c) or (d), it is irrelevant that the
5                    family violence restraining order or the violent
6                    personal offence, as the case requires, is unrelated to
7                    the offence referred to in paragraph (a) or (b) of that
8                    definition.
9


10          Division 7 -- Sentence Administration Act 2003 amended
11   104.      Act amended
12             This Division amends the Sentence Administration Act 2003.

13   105.      Section 4 amended
14      (1)    In section 4(2) delete the definition of victim and insert:
15

16                   victim of an offender or prisoner has the meaning given
17                   in section 5D;
18

19   106.      Section 5A amended
20             In section 5A(d) delete "an offence for which the prisoner is in
21             custody if the prisoner" and insert:
22

23             the prisoner if the prisoner
24


25   107.      Section 5C amended
26             In section 5C(1) delete "offence for which a prisoner" and
27             insert:
28
29             offender who
30


     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. 108


1    108.     Section 5D inserted
2             At the end of Part 2 Division 1 insert:
3


4           5D.     Term used: victim of an offender or prisoner
5             (1)   In this Act --
6                   victim of an offender or prisoner means --
7                     (a) a person who has suffered injury, loss or
8                           damage as a direct result of an offence
9                           committed by the offender or prisoner, whether
10                          or not that injury, loss or damage was
11                          reasonably foreseeable by the offender or
12                          prisoner; or
13                    (b) where an offence committed by the offender or
14                          prisoner resulted in a death, any member of the
15                          immediate family of the deceased; or
16                    (c) a person protected by a family violence
17                          restraining order under the Restraining Orders
18                          Act 1997 to which the offender or prisoner is a
19                          respondent; or
20                    (d) a person who can demonstrate, to the
21                          satisfaction of the CEO that --
22                             (i) the person is the victim of a violent
23                                  personal offence previously committed
24                                  by the offender or prisoner; and
25                            (ii) the violent personal offence occurred in
26                                  the context of a family relationship, as
27                                  defined in the Restraining Orders
28                                  Act 1997 section 4, with the offender or
29                                  prisoner.
30                  violent personal offence means --
31                    (a) an offence specified in the Restraining Orders
32                          Act 1997 section 63(4AA)(a); or


                                                                       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. 109


1                     (b)   a violent personal offence as defined in the
2                           Restraining Orders Act 1997 section 63A(1A).
3              (2)   For the purposes of subsection (1) in the definition of
4                    victim paragraph (c) or (d), it is irrelevant that the
5                    family violence restraining order or the previous
6                    violent personal offence, as the case requires, is
7                    unrelated to the offence referred to in paragraph (a)
8                    or (b) of that definition.
9


10   109.      Section 30 amended
11             In section 30(b) delete "an offence committed by the prisoner"
12             and insert:
13

14             a prisoner
15


16   110.      Section 97D amended
17             Delete section 97D(1).
18


19




     page 82

 


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