Page 551 - Week 02 - Thursday, 16 February 2017
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Madam Speaker, today I am pleased to introduce the Family and Personal Violence Legislation Amendment Bill 2017. The Family and Personal Violence Legislation Amendment Bill contains a series of amendments that will enhance protections for children and for people with disabilities, and will help ensure that the court process is focused on people. As Attorney-General I am committed to helping build a safe, strong, and connected Canberra. This bill will help make some of the most vulnerable people in our city safer.
These reforms have been developed in close cooperation with the Deputy Chief Minister, who is also the minister for the prevention of domestic violence. They are an example of this government, in its first 100 days, getting straight to work on protecting the most vulnerable people in the territory. These amendments will create a better protection and justice system for children, people with disabilities, and victims of domestic and family violence. This is a vital and urgent area of law reform, and it is at the forefront of community awareness.
This bill shows that the government is listening to the community on domestic violence. We developed these measures by listening to what the courts, the community legal centres, and support services for victims of violence had to say about the law.
In the first 100 days and in the first sitting of 2017, we are not only listening but taking action. This bill is just one part of our holistic approach to the problem. Deputy Chief Minister Berry is leading a project to deliver a family safety hub, to protect and support victims of domestic violence. In the previous Assembly, Minister Berry spoke powerfully in support of the Family Violence Act and the Personal Violence Act, which were introduced by my predecessor. Those acts were passed unanimously, with the goal of establishing a strong legal framework for the prevention of domestic and family violence. The amendments in this bill will contribute to that goal by introducing further changes to support children, people with disabilities, and everyone who seeks protection through the courts.
The first set of amendments in this bill enhances the protections available for children under the Family Violence Act 2016 and the Personal Violence Act 2016. The bill restricts the circumstances in which children can give evidence in protection order proceedings consistently with existing provisions in the Children and Young People Act 2008 which require the court to give leave for a child to be called to give evidence as a witness. The court will be required to consider the need to avoid exposing a child to the court system, and the effect giving evidence would have on the child or on their relationship with a family member. If the court decides to give leave for the child to give evidence as a witness, these amendments make sure it is clear that the court can restrict the questions the child may be asked in cross-examination if it is in the child’s best interests. Giving evidence can be an extremely intimidating situation for a child, particularly if they are being asked to give evidence against a family member. These provisions ensure children are not exposed to the court system unnecessarily.
The amendments also provide protections for children in relation to the service of documents under the acts. The amendments prevent a child from being served with
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