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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3909..


Schedule 4

Protection Orders Bill 2001

Amendments circulated by Attorney General

1

Clause 5

Page 4, line 5-

Omit the clause, substitute the following clause:

5 Objects

The objects of this Act include-

to prevent violence between family members and others who are in a domestic relationship, recognising that domestic violence is a particular form of interpersonal violence that needs a greater level of protective response; and

to provide a mechanism to facilitate the safety and protection of people who experience domestic or personal violence.

2

Clause 12

Subclause (1)

Proposed new notes

Page 8, line 29-

Insert the following new notes:

Note 1 The Macquarie Dictionary, 3rd ed, defines next friend as a person bringing action in a court of law on behalf of a minor or person of unsound mind.

Note 2 The regulations may prescribe how a next friend may be appointed (see s 106 (3) (b) (i)).

3

Clause 37

Subclause (3)

Page 23, line 7-

Omit the subclause, substitute the following subclauses:

(3) If the original order is a domestic violence order, the Magistrates Court must, on application, amend the original order by extending it for not longer than 1 year unless satisfied that a protection order is no longer necessary to protect the aggrieved person from domestic violence by the respondent.

(3A) If the original order is a personal protection order, the Magistrates Court may amend the original order by extending it only if satisfied that a protection order is still necessary to protect the aggrieved person from personal violence by the respondent.

(3B) Subsections (3) and (3A) do not apply if the order amending the original order by extending it is a consent order.


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