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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3832 ..
MR STEFANIAK (continuing):
The Bill instead makes explicit use of the "next friend" construct. This is a well established and well accepted construct and it avoids the current potential conflict between the interests of the applicant as a separate party to the aggrieved person.
Government Amendment 2 inserts a new note at the foot of clause 12 in response to clarify the meaning of "next friend". This note is included in response to concerns expressed by community stakeholders that a "next friend" is a legal concept that might not be familiar to many users of the legislation.
Miscellaneous clarifications-Government Amendments 4, 5 & 7
Government Amendment 4 inserts a new Note 2 in clause 48 to refer back to clause 13. This note is included at the suggestion of community stakeholders as a pointer to users of the legislation that an interim order, once it is made, may be amended or revoked on application.
Government Amendment 5 inserts an example of how the Magistrates Court may be satisfied that adequate arrangements have been made for the care and protection of a child. This example is included in response to concerns expressed by community stakeholders That it is not clear how the Magistrates Court might be satisfied of these matters prior to making an interim protection order.
Government Amendment 7 is similar to Government Amendment 5. It inserts an example of how a judicial officer might be satisfied that adequate arrangements have been made for the care and protection of a child.
Amendments agreed to.
MS TUCKER (8.08): I seek leave to move an amendment that is now being circulated.
Leave granted.
MS TUCKER: I will read it out for the information of members. It basically puts in a sunset clause and asks for a review. It reads:
Insert new section 106A:
Review
(1) The Minister will ask the Domestic Violence Prevention Council to review the relevant sections of this Act and its regulations for consistency with Model Domestic Violence Laws as soon as practicable, and no later than six months after the commencement of the Act;(a) The report on the review must be presented by the Minister to the Legislative Assembly within 3 sitting days of receipt of the report;
(2) The Minister must review the operations of the provisions of this Act relating to domestic violence as soon as is practicable after 6 months but no later than 12 months after the commencement of this Act;
(a) The review must engage in relevant community consultations;
(b) The Minister's report must describe the processes of community consultation used in the review;
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