Personal Violence Act 2016

This Act is the Personal Violence Act 2016.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘firearm—see the Firearms Act 1996, section 6.’ means that the term ‘firearm’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and important concepts

Division 2.1 Objects

The objects of this Act include—

to prevent and reduce personal violence (other than family violence); and

to facilitate the safety and protection of people who fear or experience personal violence by—

providing a legally enforceable mechanism to prevent personal violence; and

allowing for the resolution of conflict without the need to resort to adjudication; and

to encourage perpetrators of personal violence to be accountable for their conduct.

Note The Family Violence Act 2016 deals with protection orders etc for family violence.

This Act aims to achieve its objects by—

giving the courts power to make protection orders to protect people from personal violence; and

creating offences to enforce protection orders; and

ensuring that access to the courts is as simple, quick and inexpensive as is consistent with justice; and

recognising registered orders made elsewhere in Australia and in New Zealand.

Division 2.2 Important concepts

In this Act:

personal violence means any of the following behaviour by a person in relation to another person:

physical violence or abuse;

sexual violence or abuse;

threatening behaviour;

stalking;

harassing, intimidating or offensive behaviour;

damaging property.

For this Act, a reference to personal violence by a person in relation to a workplace means behaviour by the person of a kind mentioned in—

subsection (1) (a) to (e) in relation to a person at the workplace; or

subsection (1) (f) in relation to property at the workplace that causes reasonable fear to a person at the workplace.

Note A workplace protection order is only available in relation to an employee, an employer or another person at a workplace and only the employer at the workplace may apply for the order (see s 13 and dict, def affected person).

However, a person’s conduct is not personal violence if it is family violence.

Note The Family Violence Act 2016 deals with protection orders etc for family violence.

Procedures for this Act are to be as simple, quick and inexpensive as is consistent with achieving justice.

If a court is required to be satisfied about something under this Act, the court must be satisfied on the balance of probabilities.

To remove any doubt, the Magistrates Court need not comply with the rules of evidence applying in the ACT in a proceeding under this Act.

Note The Magistrates Court may inform itself in any way it considers appropriate in a proceeding for a protection order (see s 59).

Part 3 Protection orders

Division 3.1 Matters to be considered when making protection orders

In deciding whether to make a protection order, the Magistrates Court must consider the following:

the objects of this Act in section 6;

any hardship that may be caused to the respondent or anyone else by the making of the order;

any previous family violence or personal violence by the respondent in relation to the affected person or anyone else;

any previous protection order made in relation to the respondent;

any previous contravention of a protection order by the respondent;

the need to ensure that property is protected from damage.

The Magistrates Court may also consider anything else the court considers relevant.

A failure of the court to comply with subsection (1) in relation to a protection order does not affect the validity of the order.

In this section:

protection order—

means a protection order under this Act; and

includes the following:

a family violence order under the Family Violence Act 2016;

a protection order under the Domestic Violence Agencies Act 1986 as in force at any time;

a protection order under the Domestic Violence and Protection Orders Act 2001 as in force at any time;

a protection order under the Domestic Violence and Protection Orders Act 2008 as in force at any time;

a restraining order under the Magistrates Court Act 1930 before 27 March 2002;

an order under a law of a State, another Territory or New Zealand that has or had the same effect, or substantially the same effect, as a protection order under this Act or a family violence order under the Family Violence Act 2016.

Division 3.2 Applications for protection orders

An affected person may apply to the Magistrates Court for a personal protection order.

Note A child under 14 years old cannot be a respondent to an application for a protection order (see s 69).

The following people may apply to the Magistrates Court for a personal protection order for an affected person:

a police officer;

a litigation guardian for the person or any other person with a right to apply for the person.

Examples—s (2) (b)

1 a parent or guardian of a child

2 an agent of the person

Note 1 If an application for a personal protection order is made by a police officer—the affected person, a litigation guardian or any other person with a right to apply for the affected person may be substituted as the applicant for the order (see s 65).

Note 2 If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.