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


FAMILY VIOLENCE AMENDMENT BILL 2017 BILL 51 OF 2017

                                     TASMANIA

                                      __________


                FAMILY VIOLENCE AMENDMENT BILL 2017
                                      __________

                                     CONTENTS
           1.     Short title
           2.     Commencement
           3.     Principal Act
           4.     Section 13A amended (Recording of family violence offences)
           5.     Sections 13B and 13C inserted
                    13B.     Effect of failure to submit evidence
                    13C.     Limited liability of affected person for instigating,
                             &c., breach of protection order
           6.     Section 16 amended (Family violence orders)
           7.     Section 39A inserted
                    39A.     Review of effectiveness of use of electronic
                             monitoring
           8.     Repeal of Act




[Bill 51]-II

 


 

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FAMILY VIOLENCE AMENDMENT BILL 2017 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. SHANE DONNELLY, Clerk of the House 17 October 2017 (Brought in by the Minister for State Growth, the Honourable Matthew Guy Groom, acting for and on behalf of the Minister for Justice) A BILL FOR An Act to amend the Family Violence Act 2004 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Family Violence Amendment Act 2017. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. [Bill 51] 3

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 3 3. Principal Act In this Act, the Family Violence Act 2004* is referred to as the Principal Act. 4. Section 13A amended (Recording of family violence offences) Section 13A of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or judge" after "and the court"; (b) by inserting in subsection (1) "or judge" after "offence, the court"; (c) by inserting in subsection (2) "or judge" after "A court"; (d) by omitting from subsection (2) "its" and substituting "its, his or her"; (e) by omitting from subsection (2) "it" and substituting "the court or judge"; (f) by omitting from subsection (3) "court." and substituting "court or judge.". 5. Sections 13B and 13C inserted After section 13A of the Principal Act, the following sections are inserted in Part 2: *No. 67 of 2004 4

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 5 13B. Effect of failure to submit evidence (1) If - (a) a person is charged with a family violence offence (the first charge) in a court of summary jurisdiction but is acquitted because the prosecution has informed the court that it will not be offering any evidence in support of the charge; and (b) the person is charged with another family violence offence (the second charge), whether in a court of summary jurisdiction or on indictment - that acquittal does not prevent the admission, in a hearing on the second charge, of first charge evidence as evidence of the relationship between the person and another person, tendency evidence or coincidence evidence. (2) In this section - coincidence evidence has the same meaning as in the Evidence Act 2001; first charge evidence means evidence that could have been offered by the prosecution in a hearing on the first charge; 5

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 5 tendency evidence has the same meaning as in the Evidence Act 2001. 13C. Limited liability of affected person for instigating, &c., breach of protection order (1) Despite section 73 of the Justices Act 1959, an affected person named in an external family violence order, an interim FVO, an FVO, a PFVO or a DVO who - (a) does any act or makes any omission for the purpose of enabling or aiding a prescribed person to commit a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO; or (b) abets a prescribed person in committing a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO; or (c) instigates a prescribed person to commit a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO - may only be taken to be guilty, found guilty or convicted, in accordance with 6

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 5 that section, of that relevant family violence offence if the affected person knew, or ought to have known, that his or her conduct in so enabling, aiding, abetting or instigating the commission of that relevant family violence offence by the prescribed person could reasonably be expected to place an affected child named in the order in a position of risk. (2) In this section - DVO has the same meaning as in the Domestic Violence Orders (National Recognition) Act 2016; position of risk means a position where - (a) the affected child named in the external family violence order, interim FVO, FVO, PFVO or DVO referred to in subsection (1) might witness family violence; or (b) the safety, psychological wellbeing or interests of such an affected child might be affected by family violence; prescribed person means the person against whom the external family violence order, interim FVO, 7

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 6 FVO, PFVO or DVO referred to in subsection (1) is made; relevant family violence offence means an offence consisting of the contravention of the external family violence order, interim FVO, FVO, PFVO or DVO referred to in subsection (1). 6. Section 16 amended (Family violence orders) Section 16 of the Principal Act is amended as follows: (a) by omitting from subsection (3)(b) "possession." and substituting "possession;"; (b) by inserting the following paragraph after paragraph (b) in subsection (3): (c) submit to being electronically monitored by wearing and not removing, or always carrying, an electronic device which allows - (i) the Commissioner of Police; or (ii) a police officer, State Service officer, State Service employee or other person, or a person of a class of persons (whether police officers, State 8

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 6 Service officers, State Service employees or other persons), authorised by the Commissioner of Police - to find or monitor the geographical location of the person. (c) by inserting the following subsection after subsection (3): (4) Despite subsections (2) and (3), the court may only include in an FVO a condition of the kind referred to in subsection (3)(c) - (a) on the application of a police officer who is presenting the case for the applicant for the FVO or, in any other case, the Commissioner of Police; and (b) if the court is satisfied that the person to be electronically monitored - (i) previously has been found guilty of a family violence offence; or 9

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 7 (ii) currently is charged with a family violence offence; or (iii) has a history of committing family violence. 7. Section 39A inserted After section 39 of the Principal Act, the following section is inserted in Part 5: 39A. Review of effectiveness of use of electronic monitoring (1) As soon as practicable after the end of the relevant period, the Minister is to cause a review to be conducted in respect of the effectiveness of the inclusion in FVOs of a condition that the person who is subject to an FVO submit to being electronically monitored, as specified in section 16(3)(c). (2) The review is to be completed, and a report on the outcome of the review to be provided to the Minister, no later than 6 months after the end of the relevant period. (3) The Minister is to cause the report on the outcome of the review to be tabled in each House of Parliament within 10 sitting-days after receiving it. 10

 


 

Family Violence Amendment Act 2017 Act No. of 2017 s. 8 (4) In this section - relevant period means the period of 18 months commencing on the commencement of the Family Violence Amendment Act 2017. 8. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it commences. Government Printer, Tasmania 11

 


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