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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-11-19 Daily Xml
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INTERVENTION ORDERS (PREVENTION OF ABUSE) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 6, lines 8 and 9 [clause 3(1), definition of public sector agency]—Delete 'Public Sector Management Act 1995' and substitute:

Public Sector Act 2009, but does not include the Legal Services Commission

No. 2. Clause 12, page 13, after line 10—After subclause (2) insert:

(2a) If an intervention order is designed to prevent a form of abuse involving the use or threatened use of particular weapons or articles, the terms of the order should, as far as is practicable, include surrender of the weapons or articles or other measures designed to minimise the risk of the defendant using or threatening to use the weapons or articles to commit an act of abuse against the protected person.

No. 3.New clause, page 14, after line 22—After clause 14 insert:

14A—Terms of intervention order—date after which defendant may apply for variation or revocation

(1) The Court may, when issuing or varying an intervention order (other than an interim intervention order), include a term fixing a date after which the defendant may apply for variation (or further variation) or revocation of the order.

(2) The date must fall at least 12 months after the date of issue or variation of the order.

(3) If the Court does not include in an intervention order (other than an interim intervention order) a term under subsection (1), the intervention order will be taken to include a term fixing the date falling 12 months after the date of issue or variation of the order as the date after which the defendant may apply for variation (or further variation) or revocation of the order.

No. 4. Clause 17, page 15, line 14 [Clause 17(3)(d)]—After 'order' insert:

or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place

No. 5. Clause 20, page 17, line 34 [Clause 20(7)(c)]—After 'order' insert:

or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place

No. 6. Clause 25, page 21, lines 26 to 30 [Clause 25(3)]—Delete subclause (3) and substitute:

(3) An application for variation or revocation of an intervention order (other than an interim intervention order) may only be made by the defendant after the date fixed by the order.

(3a) On an application for variation or revocation of an intervention order (other than an interim intervention order) by the defendant, the Court may, without receiving submissions or evidence from the protected person, dismiss the application—

(a) if satisfied that the application is frivolous or vexatious; or

(b) if not satisfied that there has been a substantial change in the relevant circumstances since the order was issued or last varied.

No. 7. Clause 28, page 23, lines 26 to 32 [Clause 28(4)(b)]—Delete paragraph (b) and substitute:

(b) if the defendant is not legally represented in the proceedings—to be undertaken—

(i) by the defendant submitting to the Court, in the manner required by the Court, the questions the defendant proposes the witness be asked in cross-examination and the Court (or the Court's nominee) asking the witness those of the questions submitted that are determined by the Court to be allowable in cross-examination; or

(ii) as otherwise directed by the Court.

No. 8. Clause 30, page 24, after line 29—After subclause (3) insert:

(4) Section 10(6) of the Criminal Law (Sentencing) Act 1988 does not apply in relation to an offence against subsection (1).

No. 9. Schedule 1, new clause, page 28, after line 22—Before clause 2 insert:

1A—Amendment of section 10—Discretion exercisable by bail authority

Section 10(1)(b)—after subparagraph (iii) insert:

(iv) commit a breach of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009;

1B—Amendment of section 10A—Presumption against bail in certain cases

Section 10A(2), definition of prescribed applicant—after paragraph (b) insert:

(ba) an applicant taken into custody in relation to an offence against section 30 of the Intervention Orders (Prevention of Abuse) Act 2009 if the act or omission alleged to constitute the offence involved physical violence or a threat of physical violence; or

No. 10. Schedule 1, page 30, after line 30—After clause 10 insert:

Part 5A—Amendment of District Court Act 1991

10A—Amendment of section 54—Accessibility of evidence

Section 54(2)(fa)—after 'Criminal Law (Sentencing) Act 1988' insert:

or the Intervention Orders (Prevention of Abuse) Act 2009

No. 11. Schedule 1, clause 11, page 31, after line 3—Before the present contents of clause 11 (now to be designated as subclause (3)) insert:

(1) Section 13B(1)(b)(ii)—delete subparagraph (ii) and substitute:

(ii) if the defendant is not legally represented in the proceedings—to be undertaken—

(A) by the defendant submitting to the judge, in the manner required by the judge, the questions the defendant proposes the witness be asked in cross-examination and the judge (or the judge's delegate) asking the witness those of the questions submitted that are determined by the judge to be allowable in cross-examination; or

(B) as otherwise directed by the judge.

(2) Section 13B(2)—delete subsection (2)

No. 12. Schedule 1, page 31, after line 23—After clause 13 insert:

Part 7A—Amendment of Magistrates Court Act 1991

13A—Amendment of section 51—Accessibility of evidence

Section 51(2)(fa)—after 'Criminal Law (Sentencing) Act 1988' insert:

or the Intervention Orders (Prevention of Abuse) Act 2009

No. 13. Schedule 1, page 33, after line 19—After clause 29 insert:

Part 9A—Amendment of Supreme Court Act 1935

29A—Amendment of section 131—Accessibility of evidence

Section 131(2)(fa)—after 'Criminal Law (Sentencing) Act 1988' insert:

or the Intervention Orders (Prevention of Abuse) Act 2009

No. 14. Long title—Delete 'the Evidence Act 1929, the Firearms Act 1977, the Problem Gambling Family Protection Orders Act 2004, the Summary Procedure Act 1921' and substitute:

the District Court Act 1991, the Evidence Act 1929, the Firearms Act 1977, the Magistrates Court Act 1991, the Problem Gambling Family Protection Orders Act 2004, the Summary Procedure Act 1921, the Supreme Court Act 1935


At 18:04 the house adjourned until Tuesday 1 December 2009 at 11:00.


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