Page 210 - Week 01 - Thursday, 11 February 2016
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issues that have arisen from the introduction of the new special interim domestic violence order scheme.
On 27 October 2015 the Crimes (Domestic and Family Violence) Legislation Amendment Act was passed. That act introduced a special interim domestic violence order scheme. The special interim order scheme provides the court with the ability to extend interim domestic violence orders when there are current, related criminal charges. The special interim domestic violence order scheme commenced on 5 November last year. After commencement, stakeholders requested a number of critical amendments not previously raised that will assist the courts to use the scheme effectively. The purpose of this bill is primarily to reduce red tape and to ensure that a streamlined domestic violence order scheme is in place.
The amendments proposed by this bill will amend the Domestic Violence and Protection Orders Act 2008, the DVPO act, and the Domestic Violence and Protection Orders Regulation 2009, the DVPO regulation, to clarify and streamline the operation of domestic violence and protection orders in the ACT. Due to the technical nature of the bill, the amendments do not engage human rights. Today I will provide members with an overview of the proposed amendments.
In relation to preliminary conferences the bill will clarify that a return date can be set for the purpose of a preliminary conference for any domestic violence order, including special interim domestic violence orders. A preliminary conference is an important case management tool used by the court to give parties an opportunity to consent to orders. The bill will amend the DVPO act so that the legislation clearly provides that preliminary conferences can be used when a special interim order is in place.
In relation to dismissing matters where parties fail to appear, another important case management tool is the ability of the court to dismiss applications for special interim DVOs if one or more parties fail to appear. This currently occurs in relation to general interim DVOs and the bill will extend that practice to provide for efficient case management of all interim DVOs.
In relation to service, the bill will repeal section 65 of the DVPO act to ensure that the Legislation Act 2001 applies to non-personal service of DVOs. This will allow greater flexibility for the courts when serving documents and will maximise the likelihood that all parties will be served, particularly when a long period of time has passed between the original application being filed and the finalisation of related criminal charges.
There are also a number of other more minor, technical amendments. These will be made to ensure that the special interim DVO scheme complies with existing practice for the courts when processing and administering DVOs generally. These include
(a) allowing parties to a special interim DVO to file endorsement copies for the DVO;
(b) extending some provisions in the DVPO regulation to ensure its consistency within the DVO scheme generally; and (c) clarifying the notice and information that needs to be given to the parties who are involved in the special interim DVO. These minor amendments will reduce red tape and ensure the DVPO act remains relevant and effective now and into the future.
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