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This is a Bill, not an Act. For current law, see the Acts databases.
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Domestic Violence and Protection Orders Amendment Bill 2016
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Domestic Violence and Protection Orders Amendment Act 2016
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Part 2 Domestic Violence and Protection Orders Act 2008
4 Registrar sets return
date
Section 22 (1) (b), new note
insert
Note The return date may be for a preliminary conference (see s 24).
5 Preliminary conferences
New
section 24 (5)
insert
(5) If a preliminary conference is held, and no consent order is made by the end of the conference, the registrar may set a new return date for a hearing to decide the application.
Note 1 If a general interim order is made, the return date must be at
least 21 days after the day the general interim order is made.
If
a special interim order is made, the return date must be not before, and not
more than 21 days after, all related charges are finalised
(see s 34).
Note 2 The registrar must also make preparations for the hearing to decide the application (see s 26).
6 Preparation for hearings in
Magistrates Court
Section 26 (2)
omit
return date for the application
substitute
return date for the hearing to decide the application
substitute
33 Interim orders—service of application unnecessary
(1) The Magistrates Court may make an interim order even if a copy of the application and a timing notice have not been served on the respondent in accordance with section 63 (Service of applications).
(2) In this section:
timing notice—see section 63 (5).
substitute
34 Interim orders—return date for hearing to decide final order
If the Magistrates Court makes an interim order on an application, the return date for a hearing to decide the application must be, or must be changed to be—
(a) for a general interim order—at least 21 days after the day the general interim order is made; or
(b) for a special interim order—
(i) not earlier than the day all related charges are finalised; and
(ii) not later than 21 days after the day all related charges are finalised.
Note
1 Finalised—see s 42.
Related
charges—see s 28B.
Special interim
order—see s 28A.
Note 2 A return date may have already been set at a preliminary conference (see s 24 (5)).
Note 3 If the return date is changed under this section, the registrar may need to serve a revised timing notice (see s 63).
insert
36 Interim orders—endorsement of consent or objection
(1) This section applies if the Magistrates Court makes an interim order in the absence of a respondent.
Note For service of an interim order, see s 64.
(2) If the respondent wishes to consent to the interim order becoming a final order, the respondent may—
(a) fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
(b) indicate on the endorsement copy that the respondent consents to the interim order becoming a final order; and
(c) return it to the Magistrates Court before the return date for the application for the final order.
(3) If the respondent acts under subsection (2), the interim order becomes a final order on the day the Magistrates Court receives the endorsement copy.
Note The court may make consent orders whether or not a party has attended before the court, whether or not a ground for making the order has been made out and without proof or admission of guilt (see s 43).
(4) If the respondent wishes to object to the interim order becoming a final order, the respondent may—
(a) fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
(b) indicate on the endorsement copy that the respondent objects to the interim order becoming a final order; and
(c) return it to the Magistrates Court at least 7 days before the return date for the application for the final order to which the interim order relates.
(5) If the respondent acts under subsection (4), the Magistrates Court may decide the application at—
(a) for a general interim order—the next return date for the application for the final order; or
(b) for a special interim order—a return date for the application after all related charges are finalised.
Note If the Magistrates Court makes a special interim order, the Court must not decide the application for the final order until all related charges are finalised (see s 42B).
(6) If the respondent wishes to object to the interim order becoming a final order but does not act under subsection (4), the Magistrates Court may decide the application for the final order only if the respondent—
(a) attends the Magistrates Court on the return date for the application for the final order; and
(b) objects to the interim order becoming a final order; and
(c) satisfies the court that the respondent—
(i) has a legal disability and did not have a litigation guardian appointed for the proceeding at any time before the endorsement copy was required to be returned under subsection (4) (c); or
(ii) has a reasonable excuse for failing to act under subsection (4).
Examples—par (c) (ii)
1 the respondent was injured in a car accident and unable to return the endorsement copy in the time required
2 the respondent is from a non-English speaking background and no one was able to interpret the endorsement copy for the respondent until after it was required to be returned
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(7) If the interim order does not become a final order under subsection (3) and the application may not be decided by the Magistrates Court under subsection (5) or (6), the Magistrates Court may decide that the interim order becomes a final order at—
(a) for a general interim order—the next return date for the application for the final order; or
(b) for a special interim order—a return date for the application after all related charges are finalised.
Note For the grounds for making final orders (other than workplace orders), see s 46.
(8) In this section:
endorsement copy, of an interim order, means the copy of the interim order marked as the endorsement copy under section 64 (1).
respondent includes a representative of the respondent.
Note For review of final orders, see pt 11.
10 Interim
orders—ending
Section 38
omit
insert
41AA General interim orders—ending
A general interim order ends if any of the following happens:
(a) the period stated in the order ends;
Note A general interim order (other than a consent order) must not be
in force for more than 2 years (see s 41A).
A general interim order
made as a consent order remains in force for the period of up to 16 weeks stated
in the order (see s 45).
(b) the interim order is revoked;
(c) the application on which the interim order was made is discontinued or dismissed;
(d) a final order is made on the application and the respondent is present when it is made;
(e) if a final order is made on the application but the respondent is not present when it is made—the final order is served on the respondent.
12 General interim orders—taken
to be special interim orders if related charges laid
Section 41B
(3)
omit
return date for the application
substitute
return date for a hearing to decide the application
insert
Note 2 If the return date is changed under this section, the registrar may need to serve a revised timing notice (see s 63).
14 General interim
orders—becoming final orders
Section 41C
omit
substitute
42A Special interim orders—ending
A special interim order ends only when the first of the following happens:
(a) the special interim order is revoked;
(b) the application on which the special interim order was made is discontinued or dismissed;
(c) a final order is made on the application and the respondent is present when it is made;
(d) if a final order is made on the application but the respondent is not present when it is made—the final order is served on the respondent.
16 Special interim
orders—application not to be decided until related charges
finalised
Section 42B (2)
substitute
(2) However, the application may be finalised by the court before all related charges are finalised—
(a) if on return of the application at a preliminary conference the respondent does not appear; or
(b) by consent.
17 Service of
applications
Section 63 (1) and note
substitute
(1) If the court receives an application for a non-emergency protection order, the registrar must serve—
(a) on the applicant—a timing notice for the application; and
(b) on the relevant people—
(i) a copy of the application; and
(ii) a timing notice for the application.
insert
(4A) If the return date for an application is changed under section 34 (Interim orders—return date for hearing to decide final order) or section 41B (3) (General interim orders—taken to be special interim orders if related charges laid), and the registrar has already served a timing notice for the application, the registrar must serve a revised timing notice on each person already served with a timing notice.
substitute
(5) In this section:
relevant people means—
(a) the respondent; and
(b) anyone else the registrar is satisfied has a relevant interest in the proceeding who does not already have a copy of the application.
Example—person with a relevant interest in the proceeding
a parent or guardian of a child who is an aggrieved person if the parent or guardian does not live with the child
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
timing notice, for an application, means a notice stating—
(a) a return date for the application; and
(b) if a special interim order is made on the application—that a later return date for a hearing to decide the application will be set after all related charges are finalised.
20 Service of non-emergency protection
orders
New section 64 (1A)
insert
(1A) If the registrar is serving a special interim order on a person, the registrar must also give the person a notice telling the person that—
(a) the respondent may apply to the court for review of the order under section 90A (Application for review of special interim orders); and
(b) the court will set a return date for a hearing to decide the application after all related charges are finalised.
21 If personal service not
required
Section 65
omit
substitute
66 If personal service impracticable
(1) This section applies if personal service of an application under this Act is not reasonably practicable.
(2) The Magistrates Court may order that the application be served in the
way, stated in the order, that the court considers is likely to bring the
application to the attention of the person required to be served.
Part 3 Domestic Violence and Protection Orders Regulation 2009
23 If applicant not present at return
of application
Section 17, new note
insert
Note An interim order ends if the application on which the interim order was made is dismissed (see Act
, s 41AA and s 42A).
substitute
96 Orders—if service impracticable—Act, s 66 (2)
(1) This section applies if personal service of an application under the Act is not reasonably practicable.
(2) The Magistrates Court may authorise the registrar or a deputy registrar to exercise the jurisdiction of the court to make an order under the Act
, section 66 (2) (If personal service impracticable) in relation to the service of the application.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 11 February 2016.
2 Notification
Notified under the
on 2016.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2016
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