Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3863 ..

MR STEFANIAK (continuing):

The speaking notes read as follows:

The Children and Young People Act, as it currently stands, allows the Children's Court to make either a domestic violence order or a restraining order where there is an application for a care and protection order.

It has become apparent, however, that this provision needs some more substantive amendment than the minor amendments made by the Protection Orders (Consequential Amendments) Bill as:

there is no guidance for the court about relevant considerations for making a domestic violence order or a restraining order; and

it seems that the court may only make an interim domestic violence order or interim restraining order, rather than final orders, but this is not clear.

Government Amendment 1 is a technical amendment and it provides for the specified divisions of the Children and Young People Act 1999 in accordance with current drafting practice.

Government Amendment 2 substitutes new amendments 1.13A to 1.15A. Amendments 1.13A and 1.15A are renumbering provisions and amendments 1.14 and 1.14A provide definitions in support of the substantive amendment in amendment 1.15.

Amendment 1.15 inserts new sections 205 to 205C. These provisions clarify the process by which a protection order may be made on an application for a care and protection order under the Children and Young People Act 1999.

Current section 205 of the Act provides simply that the Children's Court may make a domestic violence order or a restraining order on an application for a care and protection order. It is not clear whether the Children's Court would need to be satisfied that an order could be made under the Domestic Violence Act 1986 or part 10 of the Magistrates Court Act 1930. New sections 205 and 205A clarify the current provision and explicitly state that the grounds for making an interim protection order or a final protection order. These grounds mirror the grounds in the Protection Orders Bill 2001.

New section 205B makes it clear that the Children's Court may only make a protection order under the Children and Young People Act 1999 where there is an existing care and protection application under that Act. Where there is no care and protection application, then an application for a protection order could be made under the Protection Orders Bill 2001.

New section 205C provides an explicit link back to the Protection Orders Bill 2001. Once a protection order is made under the Children and Young People Act 1999, it has the same effect as an order made under the Protection Orders Bill, and may be enforced accordingly.

Government Amendment 3 is a technical amendment and it provides for the specified divisions of the Children and Young People Act 1999 to be renumbered in accordance with current drafting practice.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .