Type:	Report
Title:	Report on a review of legislation relating to domestic violence : final report : June 2004
Authors:	Department of Justice, Government of Western Australia
Keywords:	Protection orders;Legal issues;Legislation analysis;Policing
Year:	2004
Publisher:	Department of Justice, Government of Western Australia
Notes:	This report follows the development of the recommendations from the Western Australia’s Department of Justice 2002 Report on the need to review and amend legislation specific to domestic violence. This reports on the consultation process and the final government recommendations. A summary of final recommendations is listed, which includes: definition of domestic relationship be added to the Restraining Orders Act:1997 (WA) and The Criminal Code:(WA); that a violence restraining order be made on behalf of children who have been exposed, or placed at the real risk of exposure to domestic violence; that there is provision for the exchange of information between relevant public authorities such as the Department for Community Development, Department of Justice and the Western Australia Police Service with regard to the safety of a person protected by a violence restraining order and the wellbeing of children affected; representations by or statements of children can be put through other parties as an exception to the hearsay rule in restraining order proceedings; that consent be removed as a defence to a breach of a violence restraining order and other specified defences be included in the Restraining Orders Act:1997 (WA); where a person is convicted of a violent personal offence, the court may make a life-long restraining order against the person convicted for the protection of the victim of that offence; when considering a restraining order and terms of the order, the court is to have regard to the past history of the respondent and the person seeking protection; that ex parte application proceedings be closed with a recognition of the right of the victim to have a support person in the court with them; the police be given power to issue a police order in urgent circumstances; there be 2 types of order (a 24-hour order which does not require the consent of the person to be protected and a 72-hour order which does require their consent). A comparison of the Restraining Orders Act:1997 (WA) with provisions of other legislation in Australia and other common law countries is provided. Australian states or territories’ legislation of the ACT, Commonwealth Model Domestic Violence Laws, NSW, Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia were compared. Legislation in Canada, New Zealand, United Kingdom and the USA were also examined.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/19761
Physical description:	71 p.
Appears in Collections:	Reports

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