No entitlement to compensation etc
229 No entitlement to compensation etc
A child respondent to a proceeding for a protection 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 protection order action in the proceeding.
Schedule 1 Permitted publication about proceedings
(see s 99 (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 information circulated in accordance with—
an order of the Magistrates Court; or
the written permission of a magistrate information given to a criminal justice entity under the Crimes (Sentencing) Act 2005, section 136 (Information exchanges between criminal justice entities) information given to the director‑general in relation to the exercise of the director‑general’s functions 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 information given to the public advocate in relation to the exercise of the public advocate’s functions 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 matter published in law reports or other technical or professional publications matter given to someone in relation to the person’s professional practice information about a party to a proceeding, or a protection order made in the proceeding, communicated to another person, with the party’s permission, for the purpose of organising the party’s personal affairs
Dictionary (see s 3)
The Legislation Act contains definitions relevant to this Act. For
adult
breach
chief police officer
child
contravene
director of public prosecutions
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—
in relation to personal violence at a workplace—the following people against whom personal violence has been, or is likely to be, committed:
an employee at the workplace;
the employee’s employer;
any other person in the workplace; or
in relation to other personal violence—a person against whom personal violence has been, or is likely to be, committed.
Personal violence does not include family violence which is dealt with under the Family Violence Act 2016 (see s 8 (2)).
amend, a protection 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 84.
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 17). 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 proceeding)—see schedule 1, section 1.1.
care and protection chapters, for schedule 1 (Permitted publication about proceeding)—see schedule 1, section 1.1.
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).
consent order means a protection order made under section 25.
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.
disability guardian, of a person—see the Guardianship and Management of Property Act 1991, dictionary, definition of guardian.
employee means an individual engaged by someone—
under a contract of service; or
under a contract for services; or
under an apprenticeship; or
under an approved training contract under the Training and Tertiary Education Act 2003; or
to work for the person as a volunteer.
employer means someone who engages an individual—
under a contract of service; or
under a contract for services; or
under an apprenticeship; or
under an approved training contract under the Training and Tertiary Education Act 2003; or
to work as a volunteer.
family violence—see the Family Violence Act 2016, section 8.
final order means a protection order that is not an interim 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.
general interim order—
means a protection order (including a consent order) made under section 19 (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.
impaired decision-making ability—see section 68.
interim order means—
a general interim order; or
a special interim order.
litigation guardian, of a person, means a person appointed in accordance with section 72.
personal protection order means an interim or final order other than a workplace protection order.
personal violence—see section 8.
Personal violence does not include family violence (see s 8 (3)).
proceeding, for a protection order, includes a proceeding to review the order under part 6.
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.
protected person means the person protected under a protection order.
protection order—
means—
an interim personal or workplace protection order; or
a final personal or workplace protection 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 temporary amendment under section 78.
recognised court, for part 7 (Reciprocal arrangements)—see section 90.
recognised order, for part 7 (Reciprocal arrangements)—see section 90.
registered order, for part 7 (Reciprocal arrangements)—see section 90.
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
the offence is against the affected person.
respondent means a person—
in relation to whom an application for a protection order has been made; or
against whom a protection order has been made.
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 47.
revoke includes cancel.
special interim order—
means a protection order (including a consent order) made under section 19 (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.
timing notice, for a preliminary conference—see section 39.
workplace protection order means an interim or final order restraining a person from personal violence in relation to a workplace.
See s 8 (2) for the meaning of personal violence by a person in relation to a workplace.
This Act’s bill:Explanatory statementSecond reading speech
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