Domestic Violence Amendment Act 2013

1: Title
This Act is the Domestic Violence Amendment Act 2013.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: section 5
b: section 11(1)
c: section 13 Part 2A new sections 51A and 51B section 51B
d: section 17(1)
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
3: Any provision that has not earlier been brought into force comes into force on 1 October 2014 Section 2(2) brought into force 31 March 2014 Domestic Violence Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act Domestic Violence Act 1995 principal Act 2013-09-25 Domestic Violence Act 1995 see section 2(1) OIC SR 2014/91 2014-03-31 Domestic Violence Act 1995 re section 2(2): Sections 3, 4(1), 8, 16 and 17(2) come into force on 31 March 2014. 2014-10-01 Domestic Violence Act 1995 sections 4(2), 6, 7, 9, 10, 11(2), rest of 13, 14, 15, 17(3), 18, 19 still to come into force
4: Section 2 amended (Interpretation)
1: In section 2 contact
2: In section 2 approved agency programme programme provider
5: Section 3 amended (Meaning of domestic violence)
After section 3(2)﻿(c)﻿(iv)
iva: financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):
6: Section 5 amended (Object)
1: In section 5(2)﻿(c) programmes safety programmes
2: In section 5(2)﻿(d) programmes non-violence programmes
7: Section 13 amended (Application without notice for protection order)
1: Replace section 13(4)﻿(e)
e: where a direction is made under section 51D section 51E
2: Replace section 13(5)﻿(e)
e: where a direction is made under section 51D section 51E
8: Section 19 amended (Standard conditions of protection order)
1: In section 19(2)﻿(e)﻿(iv) 1989 ; or
2: After section 19(2)﻿(e)﻿(iv)
v: as is necessary for the purposes of attending a settlement conference convened under section 46Q
9: Sections 29 to 44 and cross-heading above section 29 repealed
Repeal sections 29 to 44
10: Section 46 amended (Power to vary protection order)
1: In section 46(1)﻿(c) and (d) section 32 section 51D
2: In section 46(2)﻿(c) and (d) section 32 section 51D
11: Section 49 amended (Offence to breach protection order)
1: In section 49(3) 2 years 3 years
2: In section 49(4) section 32(1) or (2) to attend a specified programme section 51D
12: Section 49A repealed (Offence to fail to comply with direction)
Repeal section 49A
13: New Part 2A inserted
After Part 2
2A: Programmes
51A: Interpretation
In this Part, unless the context otherwise requires,— approval section 51B assessment
a: the extent to which the respondent poses a safety risk to any person or the public; and
b: what, if any, non-violence programme is the most appropriate for the respondent to attend non-violence programme
a: is provided by a service provider; and
b: is provided to a respondent; and
c: has the primary objective of stopping or preventing domestic violence on the part of the respondent programmes
a: safety programmes; and
b: non-violence programmes respondent safety programme
a: is provided by a service provider; and
b: is provided to a protected person; and
c: has the primary objective of promoting (whether by education, information, support, or otherwise) the protection of the protected person from domestic violence service provider
a: undertake assessments:
b: provide programmes. Approval of service providers
51B: Service providers
1: The Secretary may decide to grant, suspend, or cancel an approval of a person or an organisation as a service provider.
2: A person or an organisation seeking an approval under subsection (1) section 127(a)﻿(i)
3: In deciding whether to grant, suspend, or cancel an approval under subsection (1) section 127(a)﻿(ii)
4: The Secretary must publish on an Internet site maintained by or on behalf of the Ministry of Justice a list of service providers. Safety programmes
51C: Safety programmes for protected persons
1: Where the court makes a protection order,—
a: the applicant, or the applicant's representative, may request the Registrar to authorise the provision of a safety programme to all or any of the following persons:
i: the applicant:
ii: a child of the applicant's family:
iii: a specified person; and
b: a specified person (other than a child) may request the Registrar to authorise the provision of a safety programme to that specified person if no request has been made under paragraph (a)﻿(iii)
2: Where, at the time the protection order is made, the applicant has not made a request pursuant to this section, and the applicant is not legally represented, the Judge or the Registrar must cause the applicant to be informed of the applicant's right to make such a request.
3: A request may be made under subsection (1)
4: Where a request is made to a Registrar under subsection (1)
5: The number of safety programme sessions to be provided to a protected person by a service provider to whom a referral has been made under subsection (4)
6: Every lawyer acting for an applicant for a protection order must—
a: ensure that the applicant is aware of the applicant's right to make a request under this section; and
b: where the applicant wishes to exercise that right, take such further steps as the lawyer considers necessary to enable the applicant to do so. Non-violence programmes
51D: Direction to attend assessment and non-violence programme
1: On making a protection order, the court must direct the respondent to—
a: undertake an assessment; and
b: attend a non-violence programme.
2: The court need not make a direction under subsection (1)
a: there is no service provider available; or
b: the court considers that there is any other good reason for not making a direction.
51E: Direction to attend non-violence programme made on application without notice
1: This section applies where the court makes a direction under section 51D
2: Where this section applies,—
a: the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; and
b: the respondent may, within those 10 working days, notify the court that he or she objects to the direction.
3: Where the respondent notifies the court, in accordance with subsection (2)﻿(b)
a: the Registrar must, if the respondent wishes to be heard, assign a hearing date, which must be—
i: as soon as practicable; and
ii: unless there are special circumstances, in no case later than 42 days after receipt of the notice of objection; and
b: the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent's objection, confirms (whether with or without variation) or discharges the direction.
4: Nothing in this section or section 51F
51F: Court may confirm or discharge direction after considering objection made under section 51E
1: After considering an objection, made under section 51E
a: confirm the direction; or
b: vary the direction; or
c: discharge the direction.
2: Where, pursuant to subsection (1)
3: Failure to give the warning required by subsection (2)
51G: Referral of respondent to service provider
1: After the court has made a direction under section 51D
a: arrange for the respondent to be referred to a service provider; and
b: notify the service provider of the direction made under section 51D
2: This section is subject to section 51E
51H: Service provider to meet with respondent
As soon as possible after receiving a notification under section 51G
a: undertake an assessment of the respondent; and
b: determine whether there is an appropriate non-violence programme for the respondent to attend.
51I: Service provider to notify Registrar about safety concerns
1: This section applies if a service provider has concerns about the safety of a protected person—
a: after undertaking an assessment of the respondent; or
b: during the provision of a non-violence programme to a respondent.
2: The service provider must, without delay, notify the Registrar of those concerns.
3: On receiving a notification under subsection (2)
a: forward a copy of the notification to a Judge; and
b: arrange for the protected person to be advised of the service provider's concerns.
4: On receiving a copy of a notification under subsection (3)﻿(a)
51J: Referral to different service provider
1: This section applies if a service provider, after undertaking an assessment of the respondent,—
a: determines that there is an appropriate non-violence programme for the respondent to attend; but
b: is not able to provide that programme to the respondent.
2: The service provider must—
a: notify the Registrar; and
b: send to the Registrar the following information:
i: the result of the assessment of the respondent undertaken by the service provider; and
ii: any other information relating to the respondent that is held by the service provider.
3: After receiving a notification under subsection (2)﻿(a) subsection (2)﻿(b) section 51G
51K: Judge may discharge direction to attend non-violence programme in certain cases
1: This section applies if a service provider, after undertaking an assessment of a respondent, determines that—
a: there is an appropriate non-violence programme for the respondent to attend but that—
i: the respondent's attendance at the programme should be delayed to enable other matters to first be addressed; or
ii: it would not be appropriate for the respondent to attend the programme; or
b: there is not an appropriate non-violence programme for the respondent to attend.
2: The service provider must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge.
3: When a matter is brought to the attention of a Judge under subsection (2)
a: discharge the direction made under section 51D(1)﻿(b)
b: make such other orders or directions as the Judge thinks fit in the circumstances.
51L: Service provider and respondent to settle terms of attendance at non-violence programme
1: Before providing a non-violence programme to a respondent, the service provider must settle in writing with the respondent the terms of attendance, which must include—
a: the number of programme sessions that the respondent must attend; and
b: the place, date, and time of the first programme session, and all subsequent sessions, that the respondent must attend.
2: The service provider must provide to the Registrar a copy of the terms of attendance that the service provider has settled with the respondent.
3: If a service provider is not able to settle with a respondent the terms of attendance, the service provider must notify the Registrar.
4: On receipt of a notice under subsection (3)
a: settle the terms of attendance with the respondent and the service provider; or
b: bring the matter to the attention of a Judge.
5: When a matter is brought to the attention of a Judge under subsection (4)﻿(b)
51M: Notice to be given to court if continued provision of non-violence programme inappropriate
1: Subsection (2)
a: it is no longer appropriate or practicable for the service provider to provide the programme to the respondent; or
b: the respondent is not participating fully in the programme, and that this is significantly affecting the respondent's ability to benefit fully from the programme.
2: The service provider must—
a: notify the Registrar; and
b: send to the Registrar all information relating to the respondent that is held by the service provider.
3: After receiving a notification under subsection (2)﻿(a) subsection (2)﻿(b)
a: make a new referral under section 51G
b: bring the matter to the attention of a Judge.
4: When a matter is brought to the attention of a Judge under subsection (3)﻿(b) Non-compliance with direction to attend assessment and non-violence programme
51N: Notice of non-compliance with direction
1: This section applies if the court makes a direction under section 51D
a: undertake an assessment with the service provider to whom notice of the direction has been given under section 51G
b: attend a non-violence programme in accordance with terms of attendance settled under section 51L
2: The service provider must give written notice to the Registrar of the respondent's failure.
3: Notice under subsection (2)
51O: Powers of Registrar on receipt of notice under section 51N
1: On receiving a notice under section 51N
a: exercise the powers under section 82, as if he or she were the court referred to in that section, to call the respondent before the court; or
b: bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 51P
2: If the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)﻿(a)
51P: Judge may call respondent before court
1: If, under section 51O(1)﻿(b) subsection (2)
2: A Judge may exercise the powers under section 82 to call the respondent before the court.
3: If a Judge exercises the powers under section 82, that section applies, so far as applicable and with all necessary modifications, as if the respondent were a witness in proceedings.
51Q: Respondent called before court
1: If a respondent appears before the court under section 51O(1)﻿(a) or 51P(2)
2: If the court confirms or varies a direction under subsection (1)
3: Failure to give the warning required by subsection (2) Completion of non-violence programme
51R: Notice of completion and outcome of non-violence programme
1: When a respondent has completed a non-violence programme, the service provider must, without delay, provide to the Registrar a report that—
a: states whether, in the opinion of the service provider, the respondent has achieved the objectives of the non-violence programme; and
b: advises of any concerns that the service provider has about the safety of any protected person.
2: On receiving a report under subsection (1)
a: forward a copy of that report to a Judge; and
b: arrange for the protected person to be notified—
i: that the respondent has completed a non-violence programme; and
ii: that a report has been provided by the service provider of that non-violence programme under subsection (1)
iii: of any concerns that the service provider has about the safety of the protected person advised in that report.
3: On receiving a copy of a report under subsection (2)﻿(a) Confidentiality of information
51S: Confidentiality of information disclosed to service provider
1: In this section, unless the context otherwise requires, information
2: Information received by a service provider in the course of providing a programme may not—
a: be disclosed to any other person; or
b: be admitted as evidence in any court or before any person acting judicially.
3: However, nothing in subsection (2)
a: for the purpose of giving a notification to a Registrar under—
i: section 51I(2)
ii: section 51J(2)
iii: section 51K(2)
iv: section 51L(3)
v: section 51M(2)
b: for the purpose of a Registrar making a referral under—
i: section 51J(3)
ii: section 51M(3)﻿(a)
c: for the purpose of any proceedings under—
i: section 51O
ii: section 51P
d: for the purposes of investigating or prosecuting—
i: an offence against section 51T
ii: an offence committed or alleged to have been committed during the provision of a programme:
e: in circumstances in which the service provider believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious threat to public safety or the safety of any person:
f: with the authority of the person who disclosed the information to the service provider. Enforcement of directions
51T: Offence to fail to comply with direction
A respondent who fails, without reasonable excuse, to comply with a direction made under section 51D
a: a fine not exceeding $5,000; or
b: a term of imprisonment not exceeding 6 months.
14: Section 76 amended (Respondent to notify intention to appear)
In section 76(2)﻿(b) 36 51E
15: Section 77 amended (Procedure where respondent does not require hearing)
In section 77(1) 36 51E
16: Section 81 amended (Court may appoint lawyer)
1: In section 81(2) this section subsection (1)﻿(c)
2: After section 81(2)
2A: The fees and expenses of a lawyer appointed under subsection (1)﻿(a) or (b) must—
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
3: Replace section 81(3)
3: The fees and expenses of a lawyer appointed under subsection (1)﻿(c) must—
a: be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
4: Replace section 81(4)
4: An invoice rendered by a lawyer appointed under this section for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
5: In section 81(5) bill invoice
17: Section 127 amended (Regulations)
1: Replace section 127(a) to (e)
a: prescribing for the purposes of section 51B
i: the process to be followed by a person or an organisation seeking an approval; and
ii: the criteria that the Secretary must apply when deciding whether to grant, suspend, or cancel an approval:
b: prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for the provision of assessments and programmes under Part 2A
2: In section 127(f) section 81 section 81(1)﻿(c)
3: In section 127(g) section 42 section 51O or 51P
18: Cross-heading above section 133 replaced
Replace the cross-heading above section 133 Transitional provisions on enactment of this Act
19: New sections 134 to 138 and cross-heading inserted
After section 133 Transitional provisions applying on enactment of Domestic Violence Amendment Act 2013
134: Programmes requested or directed before commencement of this section
1: Subsection (2)
a: an applicant or a specified person made a request under section 29; but
b: the Registrar had not referred the request to a programme provider.
2: The Registrar must refer the request to a service provider under section 51C
3: Subsections (4) and (5) apply if, before the date of commencement of this section,—
a: a direction under section 32 was made in any proceeding; but
b: the Registrar had not, under section 34, notified the programme provider of that direction.
4: The direction under section 32 must be treated as a direction made under section 51D to—
a: undertake an assessment; and
b: attend a non-violence programme.
5: The Registrar must, under section 51G,—
a: make a referral to a service provider; and
b: notify the service provider of the referral.
135: Referrals to programme providers before commencement of this section
1: Subsections (2) and (3)
a: a request made to a Registrar under section 29 was referred to a programme provider; but
b: the programme provider had not arranged or commenced the provision of a programme in response to that request.
2: The programme provider must—
a: advise the Registrar of the position; and
b: take no further step in respect of the referral.
3: The Registrar must arrange for the matter to be referred to a service provider under section 51C
4: Subsections (5) to (7) apply if, before the date of commencement of this section,—
a: a notification under section 34 was given to a programme provider of a direction made under section 32 in any proceedings; but
b: the programme provider had not arranged or commenced the provision of a programme in response to that notification.
5: The programme provider must—
a: advise the Registrar of the position; and
b: take no further step in respect of the notification.
6: The direction under section 32 must be treated as a direction made under section 51D to—
a: undertake an assessment; and
b: attend a non-violence programme.
7: The Registrar must, under section 51G
a: make a referral to a service provider; and
b: notify the service provider of the referral.
136: Programmes arranged or in progress before commencement of this section
1: This section applies if—
a: there was arranged or was in progress immediately before the date of commencement of this section—
i: the provision of a programme to a protected person that has been requested under section 29:
ii: the provision of a programme to a respondent or an associated respondent that the respondent or associated respondent has been directed under section 32 to attend; and
b: that programme has not been concluded by that date.
2: The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply in respect of the provision of that programme as if the Domestic Violence Amendment Act 2013
137: Proceedings commenced before commencement of this section but not completed
1: This section applies if, at any time before the date of commencement of this section, proceedings have been commenced under any of the following provisions but were not by that date completed (a pending proceeding
a: section 42:
b: section 46:
c: section 49A.
2: The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply to a pending proceeding as if the Domestic Violence Amendment Act 2013
138: Approval panel disestablished
1: The approval panel established by regulation 46 of the Domestic Violence (Programmes) Regulations 1996 is disestablished.
2: No member of the panel is entitled to compensation for loss of office resulting from the disestablishment of the panel.
3: An approval given by the panel under Part 3 of the Domestic Violence (Programmes) Regulations 1996 before the date of commencement of this section is of no effect on or after that date.