Peace and Good Behaviour Act 1982

This Act may be cited as the Peace and Good Behaviour Act 1982.

This Act shall commence on a day appointed by proclamation.

The dictionary in schedule 1 defines particular words used in this Act.

The main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.

Other objects of this Act are to—

disrupt and restrict the activities of criminals; and

deter criminals from establishing, maintaining or expanding a criminal network; and

ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and

ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and

prevent intimidation of the public by criminals; and

protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.

The objects are achieved by—

giving jurisdiction to magistrates to make orders that—

require a person to keep the peace and be of good behaviour; or

prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or

prevent disorderly activities from taking place at particular premises; or

require the removal of excessive fortifications from particular premises; and

giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and

giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b).

It is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.

In this section—criminal means—

a recognised offender; or

an associate of a recognised offender; or

a participant in a criminal organisation; or

a person subject to a control order.

A person (the complainant) may make a complaint to a justice of the peace that a person has threatened—

to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or

to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or

to destroy or damage any property of the complainant; or

to procure any other person to destroy or damage any property of the complainant;

and that the complainant is in fear of the person complained against (the defendant).

A person (also the complainant) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.

If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue—

a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or

a warrant to apprehend the defendant and to cause the defendant to be brought before a court;

to answer the complaint and to be further dealt with according to law.

If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990.

In this section—complaint means a written complaint made on oath.

The justice of the peace, in the consideration of the substantiation of the matter of the complaint to the justice’s satisfaction, may make or cause to be made such inquiries and receive such evidence as the justice thinks fit.

The court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.

Without limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.

Upon a consideration of the evidence, the court may—

dismiss the complaint; or

make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.

The order made by the court may contain such other stipulations or conditions as the court thinks fit.

If at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886, the court may—

issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or

proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7; or

for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.

Where the court makes an order, a copy thereof shall be served on the defendant in the same manner as a summons may be served under the Justices Act 1886.

Subject to this Part and subject to any necessary modifications and any modifications prescribed by regulation, the provisions of and proceedings and procedures under the Justices Act 1886 applicable in the case of the prosecution of an offence in a summary way under that Act are applicable in the case of proceedings by way of complaint in respect of which an order to keep the peace and be of good behaviour may be made pursuant to section 7 as if such complaint were a complaint in respect of such an offence.

Where the defendant is apprehended under a warrant issued pursuant to this Act, the provisions of the Bail Act 1980 are applicable in respect of the defendant as though the defendant is a person apprehended on a charge of an offence.

A person who during the currency of an order made in respect of the person pursuant to section 7 contravenes or fails to comply with that order is for each contravention or failure to comply guilty of an offence against this Act.Maximum penalty—100 penalty units or imprisonment for 1 year.

For the purposes of this section, a contravention or failure to comply with an order includes a contravention or failure to comply with any stipulation or condition thereof.

On the conviction of a person for an offence under section 11, the court may, in addition to convicting the offender, make a further order that the offender shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit and the provisions of law and procedures applicable with respect to an order that may be made under section 7 are applicable with respect to the like order that may be made under this section.