Domestic Violence Amendment Act 2008

1: Title
This Act is the Domestic Violence Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Domestic Violence Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Domestic Violence Act 1995 OIC SR 2009/80 2009-05-18 Domestic Violence Act 1995 OIC Domestic Violence Act 1995
4: Interpretation
Section 2 approved provider contact supervised contact
5: Court may impose special conditions
Section 27
2: Without limiting subsection (1), a condition imposed under that subsection may relate to either or both of the following matters:
a: the manner in which the respondent or the associated respondent, or both, are to have contact with a child, and any arrangements necessary to facilitate that manner of contact:
b: the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with any other protected person.
2A: Where a condition imposed under subsection (1) relating to the matter set out in subsection (2)﻿(a)
a: under the supervision of an approved provider; or
b: in the immediate presence of a person approved by the Court (for example, a relative, a friend of the family of the child, or any other person whom the Court considers suitable).
6: New section 28A inserted
The following section is inserted after section 28
28A: Costs of formal supervised contact
1: This section applies only to a supervised contact that—
a: is imposed as a condition of a protection order under section 27(1); and
b: is supervised by an approved provider.
2: The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 127(aa)
3: Fees in respect of the contact—
a: must be determined in accordance with regulations made under section 127(ab)
b: are payable out of public money appropriated by Parliament for the purpose.
7: Notice of absence from programme
Section 39(2)
8: Programme provider may request variation of direction
Section 41(2)
9: New section 41A inserted
The following section is inserted after section 41
41A: Powers of Registrar on receipt of notice under section 39 or 41
1: On receiving a notice under section 39 or 41, the Registrar must, without delay, either—
a: exercise the powers under section 82, as if he or she were the Court referred to in that section, to call the respondent or, as the case may be, the associated 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 42 in relation to the respondent or, as the case may be, the associated respondent.
2: Where the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)﻿(a)
10: Judge may call respondent or associated respondent before Court
1: Section 42(1)﻿(b) section 39(2) or section 41(2) of this Act section 41A(1)﻿(b)
2: Section 42(2) to (5)
11: New section 42A inserted
The following section is inserted after section 42
42A: Respondent or associated respondent called before Court
1: Where a respondent or an associated respondent appears before the Court under section 41A(1)﻿(a)
2: The Court may not vary or discharge a direction confirmed or varied under section 37 unless a variation of that direction has been requested under section 41.
3: Where the Court confirms or varies a direction under subsection (1)
4: Failure to give the warning required by subsection (3)
12: Conduct of proceedings
1: Section 83(1)
fa: accredited news media reporters: .
2: Section 83(3) and any accredited news media reporter witness
3: Section 83
5: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
13: New section 125 substituted
Section 125
125: Restriction of publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
14: Regulations
Section 127
aa: providing for the determination, for the purposes of section 28A(2)
ab: providing for the determination, for the purposes of section 28A(3)
i: according to the number of sessions of supervised contact determined to be carried out under section 28A(2)
ii: according to whether supervised contact is to be carried out in a specified number of proceedings during a specified period: