Crimes (Domestic and Personal Violence) Act 2007 commences on 10 March

06/03/2008

The Crimes (Domestic and Personal Violence) Act 2007 will commence on 10 March 2008. The object is to repeal and re-enact Part 15A of the Crimes Act 1900 with modifications as a Principal Act. That Part deals with the issuing of apprehended domestic violence orders and apprehended personal violence orders by courts and authorised officers and the enforcement of those orders.

The modifications made by the Act to the current provisions contained in Part 15A:

(a)�will enable the charge in respect of an offence to indicate whether the offence is a domestic violence offence (which is defined in the Act), and (b)�will require a court in criminal proceedings where a person has been found guilty of a domestic violence offence to direct that a recording be made in the person’s criminal record that the offence was a domestic violence offence and to direct that similar recordings be made in relation to domestic violence offences previously committed by the person, and (c)�will require a court when making an apprehended domestic violence order or interim apprehended domestic violence order for an adult to include as a protected person under the order any child with whom the adult has a domestic relationship unless there are good reasons for not doing so, and (d)�will require a court, when a person is charged with a serious personal violence� offence, to make an interim apprehended violence order to protect the victim of the alleged offence, and (e)�will incorporate the offence of stalking or intimidation with the intention of causing someone to fear physical or mental harm (currently section 545AB of the Crimes Act 1900), and (f)�will set out the application procedures and provisions relating to apprehended violence order proceedings rather than, as is currently the case, providing for Part 6 of the Local Courts Act 1982 to apply.

The Act also amends the Law Enforcement (Powers and Responsibilities) Act 2002:

(a)�to enable a police officer to require a person to disclose his or her identity if the police officer reasonably suspects that an apprehended violence order has been made against the person, and (b)�to expand the range of dangerous implements that a police officer may search for in a dwelling provided the police officer reasonably believes they may have been used or may be used to commit a domestic violence offence.

The proclamation will commence all provisions of the Act.

6 March 2008

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