Amendments to the Crimes (Domestic and Personal Violence) Act 2008 acknowledge the interaction between animal abuse and domestic violence, by amending the objects of the Act and recognising harm to an animal as a means of intimidation.
The amendment Act also provides that existing apprehended violence orders do not prevent applications being made for provisional orders, and any provisional order made for a person with an existing apprehended violence order must not decrease the protection afforded to the protected person.
Under the amended Act, a prohibition on destroying or deliberately damaging a protected person’s property imposed under an apprehended domestic violence order is no longer discretionary, and every apprehended violence order is taken to include the prohibition going forward.
Amendments to the Criminal Procedure Act 1986 provided that proceedings in which a complainant gives evidence must be held in closed court unless a court otherwise directs. A complainant who gives evidence in proceedings for a domestic violence offence is also entitled to alternative arrangements, or to give evidence by alternative means including by audio visual link or other technology. An Amendment in Committee further provided that a complainant cannot be directly examined in chief, cross-examined, or re-examined, by an accused person, if the accused person is not represented by an Australian legal practitioner. Instead, the court may appoint a person to undertake the examination or use court technology. Finally, the Act prescribed that the Judge in proceedings for a domestic violence offence is to give a warning about an absence of, or delay in making, a complaint about a domestic violence abuse if any question is put to a witness or evidence is given that suggests an absence or delay.
The Act passed Parliament on 18 November 2020.
Link: Stronger Communities Legislation Amendment (Domestic Violence) Act 2020.
Instructor:
Department of Communities and Justice
Drafters:
Jennifer Roan, Senior Assistant Parliamentary Counsel
Melissa Low, Assistant Parliamentary Counsel
Ariana Ladopoulos, Assistant Parliamentary Counsel
Shakira Harrison, Assistant Parliamentary Counsel
Production and Access:
Maureen O'Keefe, Principal Production and Access Officer
