[ACT LawNet | Community Law Reform]

Domestic Violence: Civil Issues

Report 11: September 1996

Community Law Reform Committee

This report was tabled in the ACT Legislative Assembly on 26/9/96 by the Attorney-General, Mr Gary Humphries.

Overview

1. Introduction

2. Duration and procedure on expiration of protection orders
Current position
Requirement that the application be listed for hearing within 2 days of filing
Issues in relation to duration

2. Grounds for a protection order
Present position
Issues in relation to grounds
Other matters which arise from consideration of grounds

3. Custody, access and protection orders
Automatic cancellation of custody and access orders
Current position
Family Law Reform Act 1995
Conclusion
Supervised Child Access Services

4. People who can be protected under the Domestic Violence Act
Non-cohabiting intimate relationships
Orders made under the wrong Act in the combined Domestic Violence Act/Magistrates Court Act legislative scheme

5. The Community Advocate As Applicant

6. Notification of child abuse

7. Consent Orders Made In Chambers
The problem
Options

8. Uncontested Variation or Revocation Of Orders

9. Ex-Parte Interim Variation of Orders

10. Positive Recommendations To The Respondent As A Term Of A Protection Order.

11. Publication
Restrictions on printing or publication of proceedings

12. Appeals
Conclusion

13. Hearing of Application
The Institution of Proceedings
Rights of Appearance
Evidence
Pre-Hearing Conferencing Procedures
Compelling the attendance of Witnesses
Costs

14. Weapons
Research into domestic homicides and the use of weapons
The Current Law
Applications for weapons licence not be cancelled.
Search and Seizure

15. Coronial Proceedings in Cases of Domestic Homicide

16. Simplifying the drafting and layout of the Domestic Violence Act
Method of improving the clarity of the Act
The Reference

Appendix A: CONFERENCE BY THE REGISTRAR IN PROCEEDINGS
Application
Purposes of conference

Appendix B: CONFERENCE BY THE REGISTRAR IN PROCEEDINGS
Application
Purposes of conference
Adjournment