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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 4902 ..

MR STEFANIAK (Minister for Education and Training) (10.40): Mr Speaker, on behalf of the Attorney-General, I present the Protection Orders (Reciprocal Arrangements) (Amendment) Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR STEFANIAK: I move:

That this Bill be agreed to in principle.

The Bill amends the Protection Orders (Reciprocal Arrangements) Act 1992 to allow for the registration and enforcement of protection orders made in New Zealand. It does not derive from the recommendations of the ACT Community Law Reform Committee as do the amendments to the Domestic Violence Act and the Magistrates Court Act introduced today. The Government has decided to take the opportunity to include it as part of this package, nonetheless. In keeping with the other reform initiatives in this legislative package, this Bill extends the scope of protection offered to victims of domestic violence in the Territory.

On 14 March this year a formal decision was made by the Standing Committee of Attorneys-General - excluding South Australia, which already recognised New Zealand orders - to amend legislation relating to portability of restraining orders to allow for recognition and enforcement of New Zealand orders. This Bill fulfils that undertaking given to the SCAG meeting by this Territory.

This Bill uses the terms "recognised court" and "recognised order". A recognised order is defined as including an order made under New Zealand law. The Bill enables victims who have obtained a protective order in New Zealand to be protected in the Australian Capital Territory. A New Zealand order can be registered in the Territory by filing a certified copy of the order in the ACT Magistrates Court. The effect of registration is that it allows New Zealand orders, and any other foreign protection order that may be recognised by the Territory, to be enforced, varied, cancelled and extended as if it were a protection order made under our legislation on the date of registration.

New Zealand domestic violence legislation already makes provision for the enforcement, in New Zealand, of final orders made in Australia or any State or Territory of Australia. It is therefore important that the Australian jurisdictions reciprocate this and enable the registration of New Zealand orders in Australia, particularly given the extent of movement of individuals across the Tasman. I commend the Bill to the Assembly.

Debate (on motion by Mr Berry) adjourned.

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