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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Intervention Orders (Prevention of Abuse) (Miscellaneous)
Amendment Bill 2015
A BILL FOR
An Act to amend the
Intervention
Orders (Prevention of Abuse) Act 2009
; and to make related amendments to the
Bail
Act 1985
, the
Criminal
Law (Sentencing) Act 1988
and the
Evidence
Act 1929
.
Contents
Part 2—Amendment of Intervention
Orders (Prevention of Abuse) Act 2009
4Amendment of section
3—Interpretation
5Amendment of section 5—Objects of
Act
6Amendment of section 12—Terms of
intervention order—general
7Amendment of section 13—Terms of
intervention order—intervention programs
8Amendment of section 14—Terms of
intervention order—firearms
10Amendment of section 18—Interim
intervention order issued by police
11Amendment of section 19—Revocation of
interim intervention order by Commissioner of Police
12Amendment of section 21—Preliminary
hearing and issue of interim intervention order
13Amendment of section 23—Determination of
application for final intervention order
14Amendment of section 24—Problem gambling
order
15Amendment of section 25—Tenancy
order
16Amendment of section 26—Intervention
orders
17Amendment of section 30—Registration of
foreign intervention orders
18Amendment of section 31—Contravention of
intervention order
19Amendment of section 34—Powers
facilitating service of intervention order
20Amendment of section 36—Power to arrest
and detain for contravention of intervention order
21Amendment of section 40—Dealing with
items surrendered under intervention order
22Amendment of Schedule 1—Transitional
provisions
Part 1—Amendment of the Bail
Act 1985
1Amendment of section 21B—Intervention
programs
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
2Amendment of section 10—Sentencing
considerations
3Amendment of section 19A—Intervention
orders may be issued on finding of guilt or sentencing
Part 3—Amendment of Evidence
Act 1929
4Amendment of section
13B—Cross-examination of certain witnesses
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Intervention Orders (Prevention of Abuse)
(Miscellaneous) Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Intervention Orders (Prevention of Abuse)
Act 2009
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of abuse
and act of abuse insert:
ammunition has the same meaning as in the
Firearms
Act 1977
;
(2) Section 3(1), definition of associated
order—delete "an intervention order (when an interim intervention
order is confirmed as an intervention order or an intervention order is issued
in substitution for an interim intervention order)" and substitute:
a final intervention order
(3) Section 3(1)—after the definition of Family Law Act
order insert:
final intervention order means—
(a) an interim intervention order (whether issued by a police officer or
the Court) confirmed as a final intervention order by the Court under
section 23; or
(b) a final intervention order issued by the Court under section 23
in substitution for an interim intervention order;
firearm has the same meaning as in the
Firearms
Act 1977
;
(4) Section 3(1), definition of intervention
order—delete the definition and substitute:
interim intervention order means—
(a) an interim intervention order issued by a police officer under
section 18; or
(b) an interim intervention order issued by the Court under
section 21;
intervention order means—
(a) an interim intervention order; or
(b) a final intervention order,
as the case requires;
(5) Section 3(1), definition of issuing
authority—delete the definition and substitute:
issuing authority—
(a) in relation to an interim intervention order—means the police
officer who, or the Court that, issues the interim intervention order;
and
(b) in relation to a final intervention order—means the
Court—
(i) that confirms the interim intervention order as a final intervention
order under section 23; or
(ii) that issues the final intervention order under section 23 in
substitution for an interim intervention order,
(as the case may be);
(6) Section 3(1), definition of relevant public sector
agency—after paragraph (d) insert:
or
(e) the chief executive of the administrative unit of the Public Service
that is, under a Minister, responsible for the administration of the
Disability
Services Act 1993
; or
(f) the chief executive of the administrative unit of the Public Service
that is, under a Minister, responsible for the administration of the
Supported
Residential Facilities Act 1992
; or
(g) the chief executive of the administrative unit of the Public Service
that is, under a Minister, responsible for the administration of the
Correctional
Services Act 1982
;
5—Amendment
of section 5—Objects of Act
Section 5(a)(i)—delete "by police and the Court"
6—Amendment
of section 12—Terms of intervention
order—general
(1) Section 12(1)(a)—after "being on" insert:
, or within the vicinity of,
(2) Section 12(1)(b)—after "being on" insert:
, or within the vicinity of,
(3) Section 12(6)—after "being on" insert:
, or within the vicinity of,
7—Amendment
of section 13—Terms of intervention order—intervention
programs
(1) Section 13(3)—delete "and a failure to comply with such a
requirement constitutes a contravention of the term of the intervention order
imposed under this section"
(2) Section 13—after subsection (3) insert:
(4) The Court must endeavour to ensure that the defendant understands
that—
(a) failure to comply with a requirement referred to in
subsection (3) constitutes a contravention of the term of the intervention
order imposed under this section; and
(b) the Court may, if the person is found guilty of any such
contravention, order the defendant to make a payment of not more than the
prescribed amount toward the cost of any intervention program the defendant may
be required to undertake in accordance with the intervention order,
(but failure to comply with this subsection will not make an order under
this section invalid).
8—Amendment
of section 14—Terms of intervention
order—firearms
(1) Section 14(1)(a)—delete "any firearm" and
substitute:
any firearm, ammunition or part of a firearm
(2) Section 14(1)(b)(iii)—after "firearm" insert:
, ammunition or part of a firearm
(3) Section 14(2)—delete "an intervention order (other than an
interim intervention order)" and substitute:
a final intervention order
9—Amendment
of section 15—Terms of intervention order—date after which defendant
may apply for variation or revocation
(1) Section 15(1)—delete "an intervention order (other than an
interim intervention order)" and substitute:
a final intervention order
(2) Section 15(3)—delete "an intervention order (other than an
interim intervention order) a term under subsection (1), the intervention"
and substitute:
a final intervention order a term under subsection (1), the
10—Amendment
of section 18—Interim intervention order issued by
police
(1) Section 18(6)—delete subsection (6) and
substitute:
(6) The Commissioner of Police must—
(a) give a copy of an interim intervention order issued by a police
officer to each person protected by the order; and
(b) either—
(i) notify the Principal Registrar in writing of the prescribed details of
the order; or
(ii) give a copy of the order to the Principal Registrar.
(2) Section 18—after subsection (7) insert:
(7a) A person who is required under subsection (7) to notify the
Commissioner of Police of an address for service—
(a) who fails to provide the address within 7 days after being so
requested; or
(b) who provides an address that is false,
is guilty of an offence.
Maximum penalty: $750.
Expiation fee: $105.
(3) Section 18(9)—delete "of the details" and
substitute:
in writing of the prescribed details
11—Amendment
of section 19—Revocation of interim intervention order by Commissioner of
Police
Section 19(2)—delete subsection (2) and
substitute:
(2) The Commissioner of Police must—
(a) give a copy of a notice of revocation of an interim intervention order
issued by a police officer to each person protected by the order; and
(b) notify the Principal Registrar that the order has been
revoked.
12—Amendment
of section 21—Preliminary hearing and issue of interim intervention
order
(1) Section 21—after subsection (4) insert:
(4a) If the applicant is a police officer—
(a) the Court is not bound by the rules of evidence but may inform itself
as it thinks fit; and
(b) the Court must act according to equity, good conscience and the
substantial merits of the case without regard to technicalities and legal
forms.
(2) Section 21(9)—delete "the hearing and determination of the
application" and substitute:
hearing and determining an application for a final intervention order under
section 23
(3) Section 21(10)—delete subsection (10) and
substitute:
(10) The Principal Registrar must—
(a) give a copy of an interim intervention order issued by the Court
to—
(i) each person protected by the order; and
(ii) if the applicant is not a police officer or a person protected by the
order—the applicant; and
(b) either—
(i) notify the Commissioner of Police in writing of the prescribed details
of the order; or
(ii) give a copy of the order to the Commissioner of Police.
(4) Section 21(11)—delete "of the details" and
substitute:
in writing of the prescribed details
13—Amendment
of section 23—Determination of application for final intervention
order
(1) Section 23(1)—delete subsection (1) and
substitute:
(1) Subject to this
section, on the hearing of an application for a final intervention order, the
Court may—
(a) confirm the interim
intervention order issued against the defendant as a final intervention order;
or
(b) issue a final
intervention order in substitution for an interim intervention order issued
against the defendant; or
(c) dismiss the application and revoke the interim intervention order
issued against the defendant.
(1a) If the Court determines that it is appropriate to confirm an interim
intervention order as a final intervention order or to issue a final
intervention order in substitution for an interim intervention order under
subsection (1)
and the defendant, or a person protected by the order, is a child or the
parent of a child, the Court—
(a) must make the following inquiries:
(i) whether there is any relevant Family Law Act order or Children's
Protection Act order;
(ii) how the final intervention order would be likely to affect contact
(in accordance with a relevant Family Law Act order or Children's Protection Act
order or otherwise) between—
(A) the protected person or the defendant; and
(B) any child of, or in the care of, either of those persons;
and
(b) must take such steps as the Court considers necessary so as to avoid
inconsistency between the order and any Family Law Act order or Children's
Protection Act order of which the Court has knowledge (whether on its own
inquiry or having been so informed).
(2) Section 23(2)—delete "An intervention order may be
confirmed or issued" and substitute:
An interim intervention order issued against a defendant may be confirmed
as a final intervention order, or a final intervention order may be issued in
substitution for an interim intervention order issued against a
defendant,
(3) Section 23(2)—delete "issued against the defendant"
(4) Section 23(3)—delete "an intervention order" and
substitute:
a final intervention order
(5) Section 23(3)—delete "confirm or issue the order" and
substitute:
confirm the interim intervention order issued against the defendant as a
final intervention order, or issue a final intervention order in substitution
for the interim intervention order issued against the defendant,
(6) Section 23(4)—delete "an intervention order" and
substitute:
a final intervention order
(7) Section 23(5)—delete "An intervention order" and
substitute:
A final intervention order
(8) Section 23(7)—delete subsection (7) and
substitute:
(7) The Principal Registrar must—
(a) give a copy of a final intervention order, or notice of revocation of
an interim intervention order, to—
(i) each person protected by the order; and
(ii) if the applicant is not a police officer or a person protected by the
order—the applicant; and
(b) either—
(i) notify the Commissioner of Police in writing—
(A) of the prescribed details of a final intervention order; or
(B) that an interim intervention order (whether issued by a police officer
or the Court) has been revoked; or
(ii) give a copy of the final intervention order, or notice of revocation
of an interim intervention order, to the Commissioner of Police.
(9) Section 23(8)—delete "of the details of intervention
orders" and substitute:
in writing of the prescribed details of final intervention orders
14—Amendment
of section 24—Problem gambling order
(1) Section 24(1)—delete "an intervention order" wherever
occurring and substitute in each case:
a final intervention order
(2) Section 24(5)—delete subsection (5) and
substitute:
(5) If the Court orders that the defendant is subject to a problem
gambling family protection order, the Principal Registrar must—
(a) give a copy of the order to—
(i) each person for whose benefit the order is made; and
(ii) if the applicant for the order is not a police officer or a person
protected by the order—the applicant; and
(b) either—
(i) notify a person
listed below in writing of the prescribed details of the order:
(A) the Independent Gambling Authority;
(B) the Commissioner of Police;
(C) the proprietor or licensee of any premises specified in the order;
or
(ii) give a copy of the order to a person referred to in
subparagraph (i)
.
15—Amendment
of section 25—Tenancy order
Section 25(1)(a) and (b)—delete paragraphs (a)
and (b) and substitute:
(a) the Court confirms an interim intervention order as a final
intervention order against a defendant or issues a final intervention order
against a defendant in substitution for an interim intervention order;
and
(b) the final intervention order prohibits the defendant from being on
premises at which a protected person resides; and
16—Amendment
of section 26—Intervention orders
(1) Section 26(3)—delete "an intervention order (other than an
interim intervention order)" and substitute:
a final intervention order
(2) Section 26(4)—delete "an intervention order (other than an
interim intervention order)" and substitute:
a final intervention order
(3) Section 26(5)(a)—after "allow" insert:
the Commissioner of Police,
(4) Section 26(6)—delete "an intervention order" and
substitute:
a final intervention order
(5) Section 26(9)—delete subsection (9) and
substitute:
(9) If an intervention order is varied or revoked, the Principal Registrar
must—
(a) give a copy of the order as varied by the Court, or notice of
revocation of the order, to—
(i) each person protected by the order; and
(ii) if the applicant is not a police officer or a person protected by the
order—the applicant; and
(b) either—
(i) notify the Commissioner of Police in writing of the prescribed details
of the order as varied by the Court, or that the order has been revoked;
or
(ii) give a copy of the order as varied by the Court, or notice of
revocation of the order, to the Commissioner of Police.
(10) The Principal Registrar must notify the relevant public sector
agencies in writing of—
(a) the prescribed details of intervention orders varied by the Court;
or
(b) the revocation of intervention orders by the Court.
17—Amendment
of section 30—Registration of foreign intervention
orders
(1) Section 30(3)—delete "an intervention order" and
substitute:
a final intervention order
(2) Section 30(6)—delete subsection (6) and
substitute:
(6) If a foreign intervention order is registered under this section, the
Principal Registrar must notify the following persons in writing of the
registration and the prescribed details of the registered order:
(a) the Commissioner of Police;
(b) each person protected by the order;
(c) each of the relevant public sector agencies.
18—Amendment
of section 31—Contravention of intervention order
(1) Section 31—after subsection (2) insert:
(2a) If a person is found guilty of an offence under subsection (1)
or (2) where the act or omission alleged to constitute the offence involved
physical violence or a threat of physical violence, the Court may, in addition
to imposing a penalty for the offence—
(a) order the convicted person to make a payment of not more than the
prescribed amount toward the cost of any intervention program the person is
required to undertake in accordance with the intervention order; and
(b) make any other order that the Court thinks fit.
(2) Section 31(4)—delete "Section 10(6)" and
substitute:
Section 10(5)
19—Amendment
of section 34—Powers facilitating service of intervention
order
(1) Section 34(3)(a)—delete paragraph (a) and
substitute:
(a) require the person to—
(i) remain at a particular place for so long as may be necessary for the
order to be served; or
(ii) accompany the officer to the nearest police station for the order to
be served; and
(2) Section 34—after subsection (3) insert:
(3a) If a person accompanies a police officer to a police station in
accordance with a requirement under subsection (3)(a)(ii), a police officer
must ensure that the person is returned to the place at which the request was
made, or taken to a place that is near to that place, unless to do so would be
against the person's wishes or there is other good reason for not so
doing.
20—Amendment
of section 36—Power to arrest and detain for contravention of intervention
order
Section 36(2) and (3)—delete subsections (2) and (3)
21—Amendment
of section 40—Dealing with items surrendered under intervention
order
Section 40(1)—delete "A firearm that has been" and
substitute:
Any firearm, ammunition or part of a firearm
22—Amendment
of Schedule 1—Transitional provisions
Schedule 1, Part 15, after clause 38 insert:
39—Validation of certain intervention orders in
force before commencement of section 6 of Intervention Orders
(Prevention of Abuse) (Miscellaneous) Amendment
Act 2015
An intervention order in force immediately before the commencement of
section 6 of the
Intervention
Orders (Prevention of Abuse) (Miscellaneous) Amendment
Act 2015
that includes a term that purports to—
(a) prohibit the person the subject of the order from being within the
vicinity of premises at which a protected person resides or works; or
(b) prohibit the defendant from being within the vicinity of specified
premises frequented by a protected person,
will be taken to be valid and always to have been valid.
Part 1—Amendment of the Bail
Act 1985
1—Amendment
of section 21B—Intervention programs
Section 21B(2)—delete subsection (2) and substitute:
(2) Before imposing any such condition, the court must—
(a) satisfy itself that—
(i) the person is eligible for the services to be included on the program
in accordance with applicable eligibility criteria (if any); and
(ii) those services are available for the person at a suitable time and
place; and
(b) give consideration to any representations made by the person in
relation to the program.
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
2—Amendment
of section 10—Sentencing considerations
(1) Section 10(3)(c)—delete paragraph (c)
(2) Section 10—after subsection (3) insert:
(4) If a defendant has participated in an intervention program, a court
may treat the defendant's participation in the program, and the defendant's
achievements in the program, as relevant to sentence.
(5) However, the fact that a defendant—
(a) has not participated in, or has not had the opportunity to participate
in, an intervention program; or
(b) has performed badly in, or has failed to make satisfactory progress
in, such a program,
is not relevant to sentence.
3—Amendment
of section 19A—Intervention orders may be issued on finding of guilt or
sentencing
Section 19A(2)(a)—delete paragraph (a) and
substitute:
(a) has effect—
(i) as a restraining order under the
Summary
Procedure Act 1921
; or
(ii) as a final intervention order issued by the court under the
Intervention
Orders (Prevention of Abuse) Act 2009
,
as the case may require; and
Part 3—Amendment of Evidence
Act 1929
4—Amendment
of section 13B—Cross-examination of certain witnesses
Section 13B(5), definition of offence to which this section
applies—after paragraph (a) insert:
(ab) an aggravated offence under section 20 of the
Criminal
Law Consolidation Act 1935
, where the aggravating circumstances of the offence are the circumstances
referred to in section 5AA(1)(g) of that Act; or