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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3852 ..

MR HUMPHRIES (continuing):

Another major component of the Committee's recommendations is aimed at improving the efficiency of Court procedure and practice relating to consent orders and variations or revocation orders made by a Magistrate.

A significant recommendation made by the Committee is for the Court to be entitled to make an interim variation or an interim protection order, in particular circumstances, where a respondent has not been served with an application. On this issue, the Government has been mindful of the need to ensure an appropriate balance in the processes for both applicants and respondents. The Government accepts the recommendation subject to provision being made for a respondent to make an urgent application on the grounds that the interim variation may be oppressive.

Provision will also be made to enable the Court to order costs against a party where the conduct of the party has been frivolous, vexatious or has not been made in good faith. I believe, Mr Speaker, that the inclusion of this provision may go some way towards reassuring those who see the legislation as enabling an abuse of the process.

In principle support has also been given to the Committee's recommendations aimed at enhancing the clarity and the application of the law. Recommendations aimed at achieving this include: clarifying the scope of restrictions on publication or printing of proceedings; clarifying the application of existing evidentiary procedure; and giving effect to a revision of the Act using plain English and plain legal drafting.

A point of departure has been on the proposal that the Act should contain provisions relating to procedural matters so as to make the Domestic

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