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TASMANIA
__________
FAMILY VIOLENCE AMENDMENT BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - FAMILY VIOLENCE ACT 2004 AMENDED
3. Principal Act
4. Section 7 amended (Family violence)
5. Section 9A inserted
9A. Limitation period for offences under section 8 or 9
6. Section 10 amended (Power of police to enter certain premises)
7. Section 12 amended (Bail)
8. Section 14 amended (Police family violence orders)
9. Section 23 amended (Court may make interim order)
10. Section 25A inserted
25A. Powers of court to remand in custody, admit to bail,
&c.
11. Section 26 amended (Application for registration of external
family violence order)
12. Section 27 amended (Registration of external family violence
order)
13. Section 32 amended (Restriction of publication of names of
parties, &c.)
[Bill 28]-V
PART 3 - JUSTICES ACT 1959 AMENDED
14. Principal Act
15. Section 106BA inserted
106BA. Powers of justices to make family violence orders
after restraint order applications made
PART 4 - REPEAL
16. Repeal of Act
2
FAMILY VIOLENCE AMENDMENT BILL 2015
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
26 August 2015
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to amend the Family Violence Act 2004 and the
Justices Act 1959
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
Amendment Act 2015.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 28] 3
Family Violence Amendment Act 2015
Act No. of
s. 3 Part 2 - Family Violence Act 2004 Amended
PART 2 - FAMILY VIOLENCE ACT 2004 AMENDED
3. Principal Act
In this Part, the Family Violence Act 2004* is
referred to as the Principal Act.
4. Section 7 amended (Family violence)
The definition of family violence in section 7 of
the Principal Act is amended as follows:
(a) by omitting from paragraph (b)(iii) "a
PFVO." and substituting "a PFVO; or";
(b) by inserting the following after
paragraph (b):
(c) any damage caused by a person,
directly or indirectly, to any
property -
(i) jointly owned by that
person and his or her
spouse or partner; or
(ii) owned by that person's
spouse or partner; or
(iii) owned by an affected
child.
*No. 67 of 2004
4
Family Violence Amendment Act 2015
Act No. of
Part 2 - Family Violence Act 2004 Amended s. 5
5. Section 9A inserted
After section 9 of the Principal Act, the
following is inserted in Part 2:
9A. Limitation period for offences under
section 8 or 9
A complaint for an offence against
section 8 or 9 must be made against a
person within 12 months from the time
when the matter of complaint arose.
6. Section 10 amended (Power of police to enter
certain premises)
Section 10 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) orally direct any person on the
premises to remain on the
premises in the company of the
police officer, or another police
officer stated in the direction, for
as long as is reasonably necessary
to conduct a search under
subsection (3) in respect of that
person; and
(b) by inserting the following subsection
after subsection (2):
(2A) If a person is directed to remain
on premises under
5
Family Violence Amendment Act 2015
Act No. of
s. 6 Part 2 - Family Violence Act 2004 Amended
subsection (2)(ab), a police
officer may use such force as is
reasonably necessary to detain the
person and conduct a search
under subsection (3).
(c) by omitting from subsection (6)
"subsection (3), (4) or (5)" and
substituting "subsection (2A), (3), (4) or
(5)";
(d) by inserting the following subsections
after subsection (7):
(7A) For the purpose of exercising his
or her powers under this section,
a police officer may authorise any
other person, including another
police officer, to assist the police
officer as is necessary in the
circumstances.
(7B) A person authorised under
subsection (7A) to assist a police
officer may use such force as is
reasonably necessary in the
circumstances to so assist.
(7C) A person must comply with a
direction given to the person by a
police officer under
subsection (2)(ab).
Penalty: Fine not exceeding 80
penalty units
6
Family Violence Amendment Act 2015
Act No. of
Part 2 - Family Violence Act 2004 Amended s. 7
7. Section 12 amended (Bail)
Section 12(2) of the Principal Act is amended by
omitting paragraph (c).
8. Section 14 amended (Police family violence orders)
Section 14 of the Principal Act is amended by
inserting after subsection (9) the following
subsection:
(9A) If an application is made under
subsection (9) to vary, extend or revoke a
PFVO under this section, the court may
make an interim FVO as set out in
section 23.
9. Section 23 amended (Court may make interim
order)
Section 23 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) If an application is made under
section 14(9) to vary, extend or
revoke a PFVO, the court may
make an interim FVO, whether or
not it is satisfied of the matters
set out in section 14(1).
(b) by omitting from subsection (3)
"section 15" and substituting "section 14
or 15".
7
Family Violence Amendment Act 2015
Act No. of
s. 10 Part 2 - Family Violence Act 2004 Amended
10. Section 25A inserted
After section 25 of the Principal Act, the
following section is inserted in Part 4:
25A. Powers of court to remand in custody, admit
to bail, &c.
(1) If for any reason the proceedings in
respect of an application for an FVO are
adjourned, a court may decide to -
(a) remand the respondent to the
application in custody and issue a
warrant accordingly; or
(b) admit the respondent to the
application to bail; or
(c) issue a summons to the
respondent to the application
ordering the respondent to appear
before a court at a time and place,
mentioned in the summons, to
which the proceedings are
adjourned.
(2) In making a decision under
subsection (1), the court must consider
the safety and interests of the
respondent's spouse or partner, and any
affected child, to be of paramount
importance.
(3) If a court remands a respondent to an
application for an FVO in custody in
8
Family Violence Amendment Act 2015
Act No. of
Part 2 - Family Violence Act 2004 Amended s. 11
accordance with subsection (1)(a), the
court is to -
(a) specify in the warrant -
(i) that the respondent is to
be kept in custody for a
period not exceeding 28
days at any one time; and
(ii) the date the respondent is
to be brought before the
court; and
(b) inform the respondent of the
matters specified in the warrant in
accordance with paragraph (a).
(4) The period for which a respondent to an
application for an FVO may be admitted
to bail in accordance with
subsection (1)(b) must not exceed 60
days.
11. Section 26 amended (Application for registration of
external family violence order)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Chief";
(b) by omitting from subsection (2)(c)
"Chief".
9
Family Violence Amendment Act 2015
Act No. of
s. 12 Part 2 - Family Violence Act 2004 Amended
12. Section 27 amended (Registration of external family
violence order)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Chief";
(b) by omitting from subsection (3) "Chief";
(c) by omitting from subsection (4) "Chief".
13. Section 32 amended (Restriction of publication of
names of parties, &c.)
Section 32 of the Principal Act is amended by
omitting subsections (2), (3) and (4) and
substituting the following :
(2) A person must not publish any material
that is forbidden to be published under
subsection (1).
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 3 months.
(3) A person must not publish any material
relating to proceedings under this Act
which may disclose the identity of an
affected child.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 3 months.
10
Family Violence Amendment Act 2015
Act No. of
Part 2 - Family Violence Act 2004 Amended s. 13
(4) The publication of any reference, or
allusion, to any material which is
forbidden to be published under
subsection (1) or subsection (3) is taken
to be a publication of the material, if that
reference or allusion is, in the opinion of
the court, intended, or is sufficient, to
disclose that material.
11
Family Violence Amendment Act 2015
Act No. of
s. 14 Part 3 - Justices Act 1959 Amended
PART 3 - JUSTICES ACT 1959 AMENDED
14. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
15. Section 106BA inserted
After section 106B of the Principal Act, the
following is inserted in Part XA:
106BA. Powers of justices to make family violence
orders after restraint order applications
made
If -
(a) an application for a restraint order
has been made in accordance
with section 106B; and
(b) at any stage of the proceedings in
respect of the application for the
restraint order, the justices
consider that the application
should have been made as an
application under section 15 of
the Family Violence Act 2004 for
a family violence order -
the justices may proceed under that Act
as if the application for the restraint order
*No. 77 of 1959
12
Family Violence Amendment Act 2015
Act No. of
Part 3 - Justices Act 1959 Amended s. 15
were an application for a family violence
order.
13
Family Violence Amendment Act 2015
Act No. of
s. 16 Part 4 - Repeal
PART 4 - REPEAL
16. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
14 Government Printer, Tasmania