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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3675 ..


I am pleased to present to the Assembly the second report of the Community Law Reform Committee in response to its terms of reference relating to domestic violence.

2. The first report from the Community Law Reform Committee relating to the domestic violence terms of reference was tabled in December 1995 and dealt with systemic and criminal justice issues. Members will recall that I recently announced the Governments response to that report which detailed a strategy for the implementation its recommendations.

3. The report which I table today deals with civil law and procedural issues relating to domestic violence and concludes the Committee's work in response to its terms of reference. The Committee in its report has sought to integrate the holistic approach espoused in the first report to the comprehensive civil system which presently exists in the ACT for protection from violence and harassment detailed primarily in the Domestic Violence Act 1986 . The Committee's recommendations seek to enhance this system and assimilate a greater degree of consistency with the provisions of Part X of the Magistrates Court Act 1930 . In so doing the Committee has sought to retain the integrity of the Domestic Violence Act 1986 and the principles pertinent to the enactment of that legislation whilst ensuring a consistent regime for the protection of all persons from violence or harassment.

4. The Report encompasses the first review of civil issues relating to domestic violence in the ACT since the Australian Law Reform Commission's report released in 1986. The Report contains various recommendations relating to the duration of orders, the capacity of persons to apply for protection for themselves and others, the nature of the protection afforded by the Domestic Violence Act and the procedural operation of the Domestic Violence Act. Particular recommendations seek to simplify the language and layout of the legislation.

5. The Report also contains significant recommendations relating to the protection of children and the role of the coroner in cases of


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