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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FAMILY VIOLENCE REFORMS BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CORRECTIONS ACT 1997 AMENDED
3. Principal Act
4. Section 87A amended (Eligible persons register)
PART 3 - EVIDENCE (CHILDREN AND SPECIAL WITNESSES) ACT
2001 AMENDED
5. Principal Act
6. Section 8 amended (Special witness)
PART 4 - FAMILY VIOLENCE ACT 2004 AMENDED
7. Principal Act
8. Section 13A inserted
13A. Recording of family violence offences
PART 5 - POLICE OFFENCES ACT 1935 AMENDED
9. Principal Act
10. Section 35 amended (Common assault and aggravated assault)
PART 6 - REPEAL OF ACT
11. Repeal of Act
[Bill 72]-V
2
FAMILY VIOLENCE REFORMS BILL 2016
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to amend the Corrections Act 1997, Evidence
(Children and Special Witnesses) Act 2001, Family Violence
Act 2004 and Police Offences Act 1935
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Family Violence
Reforms Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 72] 3
Family Violence Reforms Act 2016
Act No. of
s. 3 Part 2 - Corrections Act 1997 Amended
PART 2 - CORRECTIONS ACT 1997 AMENDED
3. Principal Act
In this Part, the Corrections Act 1997* is
referred to as the Principal Act.
4. Section 87A amended (Eligible persons register)
Section 87A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", family
violence offence" after "for a violent
offence";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) a family violence order; or
(c) by inserting in subsection (1) ", family
violence offence" after "of a violent
offence";
(d) by omitting from subsection (2)(a)
"offence" and substituting "violent
offence, family violence offence or
sexual offence";
(e) by omitting the definition of sexual
offence from subsection (7) and
substituting the following definitions:
*No. 51 of 1997
4
Family Violence Reforms Act 2016
Act No. of
Part 2 - Corrections Act 1997 Amended s. 4
family violence offence means family
violence offence within the
meaning of the Family Violence
Act 2004;
family violence order means the
following orders:
(a) an FVO within the
meaning of the Family
Violence Act 2004;
(b) an interim FVO within the
meaning of the Family
Violence Act 2004;
(c) an external family
violence order within the
meaning of the Family
Violence Act 2004;
(d) a PFVO within the
meaning of the Family
Violence Act 2004;
sexual offence has the same meaning
as in the Evidence Act 2001;
5
Family Violence Reforms Act 2016
Act No. of
s. 5 Part 3 - Evidence (Children and Special Witnesses) Act 2001 Amended
PART 3 - EVIDENCE (CHILDREN AND SPECIAL
WITNESSES) ACT 2001 AMENDED
5. Principal Act
In this Part, the Evidence (Children and Special
Witnesses) Act 2001* is referred to as the
Principal Act.
6. Section 8 amended (Special witness)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "The
order" and substituting "An order made
under subsection (1)";
(b) by inserting the following subsections
after subsection (2):
(2A) If a person, who is an alleged
victim of a family violence
offence, is giving or is to give
evidence in a proceeding in
which a person has been charged
with a family violence offence, a
judge -
(a) must consider whether or
not he or she should make
an order under
paragraph (b); and
*No. 79 of 2001
6
Family Violence Reforms Act 2016
Act No. of
Part 3 - Evidence (Children and Special Witnesses) Act 2001 Amended s. 6
(b) may make an order
declaring that the person,
who is the alleged victim
of the family violence
offence, is a special
witness.
(2B) An order made under
subsection (2A) may include any
one or more of the orders referred
to in subsection (2)(b).
(c) by omitting from subsection (4) "the
order" and substituting "an order made
under this section";
(d) by omitting from subsection (5)
"subsection (1)" and substituting "this
section";
(e) by inserting the following subsection
after subsection (6):
(7) In this section -
family violence offence has the
same meaning as in the
Family Violence Act
2004.
7
Family Violence Reforms Act 2016
Act No. of
s. 7 Part 4 - Family Violence Act 2004 Amended
PART 4 - FAMILY VIOLENCE ACT 2004 AMENDED
7. Principal Act
In this Part, the Family Violence Act 2004* is
referred to as the Principal Act.
8. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Part 2:
13A. Recording of family violence offences
(1) If a person pleads guilty to an offence, or
is found guilty of an offence, and the
court is satisfied that the offence was a
family violence offence, the court is to
direct that the offence be recorded on the
person's criminal record as a family
violence offence.
(2) A court that directs a recording to be
made under this section may, on
application or on its own motion, direct
that the record be corrected if it considers
that there is an error in the record.
(3) A record, or a correction of a record,
under this section is to be made in the
manner, and within the time, determined
by the court.
(4) In this section -
*No. 67 of 2004
8
Family Violence Reforms Act 2016
Act No. of
Part 4 - Family Violence Act 2004 Amended s. 8
criminal record means a record,
containing information about the
outcome of criminal proceedings,
kept by -
(a) a court of this State; or
(b) a Government department or
State authority within the
meaning of the State Service Act
2000; or
(c) a council.
9
Family Violence Reforms Act 2016
Act No. of
s. 9 Part 5 - Police Offences Act 1935 Amended
PART 5 - POLICE OFFENCES ACT 1935 AMENDED
9. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
10. Section 35 amended (Common assault and
aggravated assault)
Section 35 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1A):
(1B) If an offence against this section
is committed in circumstances of
aggravation, the offender is liable
to a fine not exceeding 50 penalty
units or to imprisonment for a
term not exceeding 2 years.
(b) by inserting the following subsection
after subsection (5):
(6) In this section -
circumstances of aggravation,
in relation to an offence
against this section,
means the offender
committed the offence
knowing that the victim of
*No. 44 of 1935
10
Family Violence Reforms Act 2016
Act No. of
Part 5 - Police Offences Act 1935 Amended s. 10
the offence was, at the
time of the offence,
pregnant.
11
Family Violence Reforms Act 2016
Act No. of
s. 11 Part 6 - Repeal of Act
PART 6 - REPEAL OF ACT
11. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
12 Government Printer, Tasmania