Page 5311 - Week 17 - Thursday, 13 December 1990
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
MR COLLAERY (Attorney-General) (11.21), in reply: I thank members for their comments, and I welcome the easy passage of this Bill. The Bill updates the existing inadequate keep-the-peace provisions in the following ways. First, the range of persons who may apply is limited. Secondly, the procedure is not available in respect of intimidation and harassment. Thirdly, delays are inherent in the procedure. Fourthly, interim protection is not available. Fifthly, the only sanction for breaching an order is the forfeiture of the amount of the recognisance.
The Bill complements the Domestic Violence Act by offering similar protection to people in non-domestic relationships such as neighbours or girlfriend-boyfriend situations. Under these amendments an application for a keep-the-peace order may be made by an aggrieved person, an aggrieved person's relative or a police officer. Where an aggrieved person is a child, an application may be brought by a parent or guardian or a person who normally lives with a child, or the child may bring the application in his or her own right and would receive legal assistance.
Where the court is satisfied, on the balance of probabilities, that a person has caused or has threatened to cause personal injury or damage to property, or has behaved in a provocative or offensive manner, the court may make an order restraining that person from such conduct and may impose certain conditions and prohibition. Most important, of course, as the lawyers in the chamber understand, is that the test has been made "on the balance of probabilities". I am sure members will appreciate that. Equally there is a very strong weight left on the shoulders of our judges and magistrates to deal with this provision. It will also be possible for the court to recommend counselling and conflict resolution services where appropriate.
The Bill allows the court to give interim protection where it considers that this is necessary to ensure the aggrieved person's safety. Further, a breach of an order will be a criminal offence punishable by a $1,000 fine, imprisonment for six months, or both. The Bill provides that, upon a restraining order being made, any gun licence held by the respondent will be automatically cancelled unless the court is satisfied that it should not be. In that respect, I saw a news item last night which entirely misread this provision.
The Bill also provides that the court will have a discretion to order the seizure of any gun in the respondent's possession for the period for which the restraining order is in force. The Bill also amends section 14A(3) of the Domestic Violence Act to limit the period for which a gun can be seized at the time during which an order is in force. This is to provide consistency between the gun provisions in domestic violence and keep-the-peace legislation.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .