Protection of Personal and Property Rights Amendment Act 2008

1: Title
This Act is the Protection of Personal and Property Rights 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 Protection of Personal and Property Rights Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Protection of Personal and Property Rights Act 1988 OIC SR 2009/87 2009-05-18 Protection of Personal and Property Rights Act 1988
4: Appointment of barrister or solicitor by Court
1: The heading to section 65 or Registrar
2: Section 65(1)
a: omitting shall or the Registrar of a Court must
b: inserting or the Registrar Court
3: Section 65(3) , or direct the Registrar of the Court to appoint, appoint
5: Court may call for report on person
1: Section 76
1: On an application for the exercise of the Court’s jurisdiction under this Act, a Court may, if it is satisfied that it is necessary for the proper disposition of the application,—
a: request any person whom it considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made; or
b: direct the Registrar of the Court to request any person whom the Registrar considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made.
2: Section 76(2) or make a direction report
6: New section 79 substituted
Section 79
79: Attendance at hearings
1: The following persons may attend a hearing of an application under this Act:
a: officers of the Court:
b: parties to the proceedings:
c: lawyers representing parties to the proceedings:
d: the person in respect of whom the application is made:
e: the lawyer representing the person in respect of whom the application is made:
f: a barrister or solicitor appointed under section 65(3) to assist the Court:
g: witnesses:
h: accredited news media reporters:
i: persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) and (d)
j: any other person whom the Judge permits to be present.
2: The Family Court Judge must agree to a request under subsection (1)(i)
3: No support persons may help a party conduct his or her case.
4: If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)(i)
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.
7: New section 80 substituted
Section 80
80: 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.