No entitlement to compensation etc
230 No entitlement to compensation etc
A child respondent to a proceeding for a family violence order begun before the commencement day is not, because of the enactment of the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023, entitled to compensation or damages as a result of any family violence order action in the proceeding.
Schedule 1 Permitted publication about proceedings
(see s 150 (1) (b))
1.1 Definitions—sch 1
In this schedule:
authorised person under the Children and Young People Act 2008—see the Children and Young People Act 2008, section 26.
care and protection chapters—see the Children and Young People Act 2008, section 336.
1.2 Permitted publication about proceedings
Table 1.2 column 1 item column 2 permitted publication about proceedings
1 information circulated in accordance with—
an order of the Magistrates Court; or
the written permission of a magistrate
2 information communicated to a court or tribunal under the Family Law Act 1975 (Cwlth), section 60CF (1) or (2) (Informing court of relevant family violence orders)
3 information given to a criminal justice entity under the Crimes (Sentencing) Act 2005, section 136 (Information exchanges between criminal justice entities)
4 information given to the director‑general in relation to the exercise of the director‑general’s functions
5 information given to the director‑general responsible for, or an authorised person under, the Children and Young People Act 2008 to allow the director‑general to exercise the director‑general’s powers under the care and protection chapters of that Act
6 information given to the public advocate in relation to the exercise of the public advocate’s functions
7 a pleading, transcript of evidence or other document communicated to—
people concerned with any other proceeding in a court or tribunal for use in relation to that proceeding; or
people concerned with the disciplinary proceeding of a lawyer, for use in relation to that proceeding; or
an entity that grants legal aid, to help decide whether to provide legal aid in a particular case
8 a matter published in law reports or other technical or professional publications
9 a matter given to someone in relation to the person’s professional practice
10 information about a party to a proceeding, or a family violence order made in the proceeding, communicated to another person, with the party’s permission, for the purpose of organising the party’s personal affairs
11 information given to a law enforcement agency under section 138 (Information to be provided to law enforcement agencies)
Dictionary (see s 3)
The Legislation Act contains definitions relevant to this Act. For
adult
breach
chief police officer
child
civil union
civil union partner
contravene
director of public prosecutions
domestic partner (see s 169)
found guilty
lawyer
magistrate
Magistrates Court
may (see s 146)
must (see s 146)
parent
police officer
proceeding
public advocate
registrar
registrar of firearms
Supreme Court.
affected person means a person against whom family violence has been, or is likely to be, committed.
An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b)).
after-hours order means an order made under section 102, and includes an order amending or revoking an after-hours order.
amend, a family violence order, includes amend the order by—
adding further conditions, prohibitions or restrictions to the order or amending or deleting conditions, prohibitions or restrictions; or
extending or reducing the period for which the order remains in force.
ammunition—see the Firearms Act 1996, dictionary.
appealable decision means a decision mentioned in section 92.
application, for a protection order, means an application for a final order.
The court may make an interim order on an application for a final order (see s 20). No separate application for an interim order is required.
As a protection order includes an order amending a protection order (see def protection order), an application for a protection order includes an application to amend a protection order.
authorised person, for schedule 1 (Permitted publication about proceedings)—see the Children and Young People Act 2008, section 26.
business hours, of the Magistrates Court, for part 7 (After-hours orders)—see section 98.
care and protection chapters, for schedule 1 (Permitted publication about proceedings)—see the Children and Young People Act 2008, section 336.
child, of a person, includes—
a child who normally lives with the person; and
a child for whom the person is a guardian.
A child is someone under 18 years old (see Legislation Act, dict, pt 1).
commencement day, for division 9.6 (Application of pt 9—existing protection orders)—see section 140.
consent order means a protection order made under section 33.
copy, in relation to a document to be served in a proceeding, means—
if the document has been entered into the record of the Magistrates Court—a true copy sealed or stamped with the seal of the court; or
in any other case—a true copy.
corresponding law, for part 9 (National recognition of FVOs)—see section 115.
court, for division 9.3 (Amendment and revocation of recognised non-local FVOs)—see section 131.
disability guardian, of a person—see the Guardianship and Management of Property Act 1991, dictionary, definition of guardian.
family member, of a person—see section 9.
family violence—see section 8.
family violence concern, for part 9 (National recognition of FVOs)—see section 116.
family violence offence—an offence is a family violence offence if the conduct making up the offence is family violence.
family violence order means—
for this Act generally—
a protection order; or
an after-hours order; and
for part 9 (National recognition of FVOs)—see section 115.
family violence proceeding, for part 8 (Court-initiated actions)—see section 111.
final FVO, for part 9 (National recognition of FVOs)—see section 115.
finalised—an outstanding related charge is finalised if—
the charge is withdrawn; or
the director of public prosecutions declines to proceed further with the prosecution of the offences and causes it to be brought to an end; or
the charge is dismissed by a court; or
the person is discharged by a court following a committal hearing; or
the person is acquitted, convicted or found guilty by a court of the offence.
Note Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.
final order means a protection order that is not an interim order or after-hours order, and includes an order amending a final order.
firearm—see the Firearms Act 1996, section 6.
firearms licence—see the Firearms Act 1996, dictionary, definition of licence.
foreign order, for part 9 (National recognition of FVOs)—see section 115.
FVO, for part 9 (National recognition of FVOs)—see section 115.
general interim order—
means a protection order (including a consent order) made under section 22 (Interim orders—general interim orders and special interim orders); and
includes an order (other than a final order) that amends or revokes a general interim order.
general violence order, for part 9 (National recognition of FVOs)—see section 115.
impaired decision-making ability—see section 74.
interim FVO, for part 9 (National recognition of FVOs)—see section 115.
interim order means—
a general interim order; or
a special interim order.
interstate FVO, for part 9 (National recognition of FVOs)—see section 115.
interstate law enforcement agency, for part 9 (National recognition of FVOs)—see section 115.
issuing authority, for part 9 (National recognition of FVOs)—see section 115.
issuing jurisdiction, for part 9 (National recognition of FVOs)—see section 115.
judicial officer means any of the following:
a magistrate;
if a territory law provides for the exercise of the Magistrates Court’s jurisdiction by the registrar—the registrar;
if a territory law provides for the exercise of the Magistrates Court’s jurisdiction by a deputy registrar—a deputy registrar.
The Court Procedures Rules 2006 may provide for the jurisdiction of the Magistrates Court otherwise exercisable by a magistrate to be exercised by the registrar or deputy registrar, in the cases and subject to the conditions prescribed under the rules (see Magistrates Court Act 1930, s 4 (4)).
jurisdiction, for part 9 (National recognition of FVOs)—see section 115.
litigation guardian, of a person, means a person appointed in accordance with section 78.
local FVO, for part 9 (National recognition of FVOs)—see section 115.
local law enforcement agency, for part 9 (National recognition of FVOs)—see section 115.
make, for part 9 (National recognition of FVOs)—see section 115.
New Zealand FVO, for part 9 (National recognition of FVOs)—see section 115.
non-local FVO, for part 9 (National recognition of FVOs)—see section 115.
outstanding—a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways:
the charge is withdrawn;
the charge is dismissed by a court;
the person is discharged by a court following a committal hearing;
the person is acquitted, convicted or found guilty by a court of the offence.
Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.
participating jurisdiction, for part 9 (National recognition of FVOs)—see section 115.
personal violence—see the Personal Violence Act 2016, section 8.
proceeding, for a family violence order, means—
a proceeding for a protection order; or
As a protection order includes an order amending a protection order (see def protection order), a proceeding for a protection order includes a proceeding to amend the order.
a proceeding to amend or revoke an after-hours order; or
a proceeding to review a family violence order under part 6; or
for part 8 (Court-initiated actions)—the family violence proceeding to the extent that the proceeding relates to the exercise of jurisdiction under this Act.
properly notified, for part 9 (National recognition of FVOs)—see section 117.
protection order—
means—
an interim order; or
a final order; and
includes—
an order about the seizure of a firearms licence, firearm or ammunition; and
an order amending a protection order, including an order for a provisional amendment under section 82B or a temporary amendment under section 84.
protected person means the person protected under a family violence order.
recognised amendment, for part 9 (National recognition of FVOs)—see section 120.
recognised FVO, for part 9 (National recognition of FVOs)—see section 119 and section 144.
registered foreign order, for part 9 (National recognition of FVOs)—see section 115.
related—a charge against a person for an offence is related to an application for a final order and, if an interim order is made on the application, an interim order if—
the person charged is—
the respondent to the application; and
a family member of the affected person; and
the offence is against the affected person.
respondent means—
a person in relation to whom an application for a family violence order has been made; or
a person against whom a family violence order has been made; or
for part 8 (Court-initiated actions)—the defendant in the family violence proceeding.
return date, for an application for a protection order or review of a protection order, means the day fixed by the Magistrates Court for return of the application before the court.
returned, in relation to an application for a protection order, for division 4.2A (Non-attendance by party)—see section 52.
revoke includes cancel.
special interim order—
means a protection order (including a consent order) made under section 22 (Interim orders—general interim orders and special interim orders); and
includes an order (other than a final order) that amends or revokes a special interim order.
An interim order made by a court under pt 8 (Court-initiated actions) is taken to be a special interim order (see s 113).
timing notice, for a preliminary conference—see section 45.
This Act’s bill:Explanatory statementSecond reading speech
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