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Legislative Assembly for the ACT: 2000 Week 9 Hansard (6 September) . . Page.. 2949 ..

MR HUMPHRIES (Treasurer, Attorney-General and Minister for Justice and Community Safety) (4.45): As I said the other day when we considered this bill, the government has no particular problem with the idea of expanding the class of people who may make applications for a restraining order on behalf of somebody else. At the present time it can be done by a police officer. This bill allows an employer also to do that.

I do not think it is a particularly significant extension, and I am not sure there is a situation where you would not use a policeman but you would use an employer, but I am prepared to concede that I might not be imaginative enough to foresee those circumstances. In the event that that is a matter of some significance to some parties, I think it is appropriate that we have that extension in the legislation.

I remind members of what was said on the previous occasion about the legislation. Mr Berry insisted quite enthusiastically:

This is specifically aimed at ensuring that the identity of aggrieved persons is protected by this legislation...

That will not make the aggrieved person's identity available...

I emphasise again that the name of the aggrieved person-the employee in this case-is not to be included in any document served on another party to the order.

Members have seen today the opinions from both the Parliamentary Counsel's Office and the Australian Government Solicitor, making it clear that none of those statements are true.

I assume there is not any problem in me quoting from the advice Mr Berry obtained and circulated. Mr Berry, do you have a problem with me quoting from it?

Mr Berry: No.

MR HUMPHRIES: It states:

The aggrieved person would have to be named in the application, since any restraining order will need to operate in relation to that person, and the aggrieved person may need to give evidence.

The advice I have circulated in the chamber today from the Government Solicitor says:

The prescribed form-

that is, for taking out a restraining order-

is found in Schedule 1, Form 1A. This form requires the aggrieved person to be identified. Again, it is difficult to see how this basic procedural step could be avoided, even as a practical, non-legal matter. The respondent whose conduct is to be restrained must be informed about the person and the matters in respect of which that conduct is to be prohibited.

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