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Crimes (Domestic & Personal Violence) Act 2007

Crimes (Domestic & Personal Violence) Act 2007. New legislation. Act came into force on Monday 10 March 2008 Stand-alone Act Replaces Part 15A Crimes Act 1900 Substantially the same provisions with some additions. Why a separate Act?.

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Crimes (Domestic & Personal Violence) Act 2007

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  1. Crimes (Domestic & Personal Violence) Act 2007

  2. New legislation • Act came into force on Monday 10 March 2008 • Stand-alone Act • Replaces Part 15A Crimes Act 1900 • Substantially the same provisions with some additions

  3. Why a separate Act? • Some felt AVO provisions were hidden at the back of the Crimes Act • Procedural provisions were cumbersome and confusing • Easier to do a separate Act than amend Part 15A and easier for future amendment • Concern – perception that Domestic Violence is a lesser crime than those in the Crimes Act - DV has been demoted

  4. Offences • Offence of stalking/intimidation has been deleted from the Crimes Act and is now contained in s 13 of the new Act • Offence of contravening AVO is in s 14 of the new Act

  5. S 12 - Recording of offences Charges • The charge in respect of an offence may indicate the offence is a domestic violence offence. • “Domestic violence offence” means a personal violence offence against someone who has had a domestic relationship with the offender. • “Personal violence offence” is an offence under specified sections of the Crimes Act or the offence of contravening an order.

  6. S 12 - Recording of offences Current offences • If: • a person pleads guilty or is found guilty of an offence; and • the Court is satisfied the offence was a domestic violence offence, the Court is to direct that the offence be recorded on the person’s criminal record as a domestic violence offence.

  7. S 12 - Recording of offences Previous offences • The prosecution may make an application to the Court requesting that the Court direct that specified offences in which the person has previously pleaded guilty or been found guilty, be recorded as domestic violence offences. • If satisfied that the offence was a domestic violence offence, the Court is to direct that the offence be recorded on the criminal record of the person concerned as a domestic violence offence.

  8. Why record domestic violence offences? • Intimidation or stalking – court can have regard to pattern of violence • Bail proceedings • Sentencing • Police obligations to apply for AVOs • Granting of orders where PINOP has no fears but there has been previous act of violence

  9. Law Enforcement (Powers & Responsibilities) Act amendments • Definition of “dangerous implement” that can be seized by police extended to “anything intended … to be used to injure or menace a person or damage property”. • Can require the identity of a person to be disclosed if police suspect on reasonable grounds that an AVO has been made against the person - penalties apply for failure to disclose or false/misleading information about identity

  10. ADVOs and Children • If the Court makes an ADVO (including an interim ADVO) for the protection of a person over 18 years, the Court MUST include as a protected person under the order, any child with whom the person over 18 years has a domestic relationship. • Exception: If there are good reasons for not doing so – court must state reasons. • ADVO may be made by the Court for the protection of a child even though an application for the order was not made by a police.

  11. ADVOs and Children • Potentially brings into play measures in the Act to protect children as protected persons and witnesses in AVO proceedings. • Proceedings to be heard in closed court unless Court directs otherwise. • A child should not be required to give evidence unless, in the opinion of the Court, it is in the interests of justice to do so.

  12. Implications of children on order • Only police can apply for variation or extensions • Less consent orders/more matters going to hearing? • Children being dragged into proceedings? • Who are relevant children and what are reasonable grounds not to include children on the order?

  13. Procedural • Used to go to Local Courts Act and other legislation for procedures. Now - • Division 3 - Commencement of application proceedings • Division 4 - Hearing of application proceedings

  14. Automatic Interim APVOs • Interim APVO to be made for the protection of a victim where certain serious charges have been laid.

  15. Review of Act • S 104 - The Minister is to review this Act to determine whether the policy objectives remain valid and whether the terms of the Act remain appropriate for securing those objectives. • Review to be as soon as possible after 3 years from assent • Report to be tabled in Parliament within 12 months after the end of the 3 year period

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