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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3851 ..

MR HUMPHRIES (continuing):

Two of the major components of the Committee's recommendations are aimed, firstly, at providing greater consistency between the provisions relating to restraining orders and those for protection orders and, secondly, at extending the protective nature of the Domestic Violence Act 1986, particularly in situations where there is an ongoing risk to victims.

To this end, the Government accepts amending the existing legislation to replace all the grounds for obtaining an order with one simple ground, that is, that the respondent engaged in conduct, in respect of the aggrieved person, which constituted a domestic violence offence.

A definition of domestic violence will be inserted in the legislation to ensure that the range of conduct covered by the legislation is clear. This will enable an applicant to rely on a broader range of conduct that may not constitute a specific offence, such as, threatening conduct not otherwise included in the definition of `domestic violence offence'. The amendment will serve to enhance the integrity of the Act by extending the protection of the Act more broadly to cover conduct which is not overt or physical.

The integrity of the Act will also be enhanced by making the protection afforded by the Act more accessible for people who are unlikely to obtain protection without special assistance. The Community Advocate will be able to apply for an order on behalf of those who are unable to represent themselves on the proviso that the consent of the person on whose behalf an application is sought is obtained, in so far as it is able to be obtained. The amendments will also seek to clarify the notification procedure relating to the care and protection of children.

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