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Legislative Assembly for the ACT: 2001 Week 6 Hansard (15 June) . . Page.. 1820 ..


MR STEFANIAK (continuing):

As a result of this approach, workplace orders are provided for as a specific type of personal protection order and are included in a separate Division due to the different considerations that should apply in granting these types of orders.

The Bill makes it clear that the fact of the availability of workplace orders does not create any new rights or obligations in relation to the employment relationship. It is not intended, for example, that this legislation should give rise to a cause of action by an employee against an employer who does not apply for a workplace order in a particular situation.

For workplace orders, the emphasis is on the relationship of the violence to the employee in their capacity as an employee in a particular workplace.

If personal violence is aimed at an employee outside of their capacity as an employee in the workplace, then that employee may need to seek a separate personal protection order against the respondent.

This Bill will make the law in relation to protection orders clearer and also more accessible. Primarily, however, the Bill will provide a more effective mechanism to protect people from interpersonal violence.

I commend the Bill to the Assembly.

Debate (on motion by Mr Stanhope ) adjourned to the next sitting.

Protection Orders (Consequential Amendments) Bill 2001

Mr Stefaniak , pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR STEFANIAK (Minister for Education and Attorney-General) (11.04): I move:

That this bill be agreed to in principle.

I seek leave to have my speech incorporated in Hansard.

Leave granted.

The speech read as follows:

I present the Protection Orders (Consequential Amendments) Bill 2001.

This Bill is a supporting Bill to the Protection Orders Bill 2001. The Bill makes a number of amendments to various Acts and regulations that cross refer to the current Domestic Violence Act 1986 and part 10 of the Magistrates Court Act 1930.

The Bill repeals the Protection Orders (Reciprocal Arrangements) Act 1992, the protection order provisions of the Domestic Violence Act 1986 and the restraining order provisions of the Magistrates Court Act 1930. Equivalent provisions are located in the new Protection Orders Bill 20012.


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