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Legislative Assembly for the ACT: 2000 Week 8 Hansard (30 August) . . Page.. 2674 ..

has to be satisfied as to who the aggrieved people are and to name them in the court order.

MR DEPUTY SPEAKER: Mr Berry, you will want to seek leave, I guess.

MR BERRY: Yes, of course I will.

MR DEPUTY SPEAKER: Members have to read the standing orders or review them, one or the other.

Leave granted.

MR BERRY: If an order is taken out in relation to a particular person and the particular person is the aggrieved person, of course their identity is going to be exposed.

Mr Humphries: That is always the case.

MR BERRY: That is always the case. There is nothing new in that. That is the position that you are arguing. But if an employer-the education department, the health department or whatever-take out an application in relation to a place of work-

Mr Humphries: They cannot without having a person as well.

MR BERRY: They can in this case because it says in proposed subsection (2):

From that point, it deals with the application by an employer. It does not deal with the application by the aggrieved person. All the aggrieved person has to do is consent to the employer. That is what it says. It is quite clearly set out in much the same way as it applies to the Community Advocate. The court has to be satisfied the Community Advocate is an appropriate person to proceed, say, on behalf of a juvenile, and in the case of employees the court has to be satisfied that the employee consents to an employer proceeding. You have that wall built between publicity of the person's name and address-

Mr Humphries: Where?

MR BERRY: In proposed section 198B it is very clear. All the court has to do is satisfy itself that the aggrieved person consents and the law specifically prohibits the publication of the name. If somebody makes an application in respect of themselves, it is a bit hard to hide their identity, but in the case of an application to keep people away from a certain place then of course-

Mr Humphries: You cannot do that under present law. You have to name a person as well.

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