Page 4829 - Week 16 - Monday, 25 November 1991

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MAGISTRATES COURT (AMENDMENT) BILL (NO. 2) 1991

Consideration resumed from 11 September 1991, on motion by Mr Collaery:

That this Bill be agreed to in principle.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Mr Collaery: Excuse me, Mr Temporary Deputy Speaker. I have a technical amendment to that Bill. I am indebted to Mr Moore. It was circulated with the Bill, in fact.

Motion (by Mr Collaery) agreed to:

That, pursuant to standing order 187, the Bill be reconsidered.

Detail Stage

Clauses 1 to 4, by leave, taken together, and agreed to.

Clause 5

MR COLLAERY (4.13): I am indebted to Mr Moore and I thank him for his assistance. I move:

Page 2, line 19. Before the definition of "interpreter", insert the following definition:

"'defendant' includes a person in respect of whom an order is sought under the Domestic Violence Act 1986;".

I point out to members that it became clear after we drafted the Bill that someone in a domestic violence proceeding is not a defendant. They are either an applicant or a respondent. That is a technicality. I believe that we need to extend these protections to proceedings under the domestic violence legislation as well.

Amendment agreed to.

Clause, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole, and agreed to.

Bill, as amended, agreed to.


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