Page 5310 - Week 17 - Thursday, 13 December 1990
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will be an important shield for the victims in our society. Under the legislation the person who has suffered or been threatened with personal injury or property damage, or has been the victim of harassing or offensive behaviour, may apply to the court for a restraining order.
The court will be able to make an order prohibiting the offending behaviour and may also order that the person not approach, contact, harass, threaten or intimidate the victim or damage the victim's property. It is hoped such orders will alleviate the fears of the victims of violence or threatening or offensive behaviour, particularly women. A breach of a restraining order will be a criminal offence, meaning that the police will be able to arrest the offender immediately. That is a significant improvement on previous legislation in this area.
The Bill provides a penalty of a $1,000 fine or imprisonment for six months or both for breaching an order - a similar penalty to that under section 546A of the Crimes Act which deals with offensive behaviour. Like the domestic violence orders, keep-the-peace orders fall into the category of preventative justice. Of course, an ounce of prevention is a lot better than cure. While there has been some criticism of restraining orders, certainly in recent days, evidence does suggest that they are an effective deterrent to violent behaviour in a majority of cases. Sadly, legislative measures alone cannot offer a total safeguard against violence in our community. However, such orders can and do prevent violent acts in the community, with consequent savings to the criminal justice system as a whole and to welfare and other services.
One of the most important aspects of this Bill is its provision for the cancellation of gun licences and seizure of guns. It is hoped that such provisions will assist in the prevention of tragic homicides in our community. These provisions are in line with the recommendations of the National Committee on Violence and reflect this Government's dedication to the reduction of violence in our community. This commitment is demonstrated by our Government's pledge to give additional resources to the ACT Legal Aid Office to help fund keep-the-peace matters. Of course, that office has a very important responsibility in these areas. It is a port of first call for people wishing to take out domestic violence orders and, indeed, such orders as would come under this amendment of the Magistrates Court Act.
The provision in relation to seizure of guns is very timely and essential. Indeed, that is at the top end of the scale of potential violence. It is absolutely essential, to nip potential trouble in the bud and to prevent much more serious crimes from occurring, to have that power to seize firearms. I think that is a very important and welcome addition. This Bill will assist in affording protection to the victims of violence and intimidation in our community. I certainly wholeheartedly commend it to the Assembly.
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