Family Violence Reforms Act 2022

5.   

The amendments effected by this section have been incorporated into the authorised version of the Family Violence Act 2004 .

6.    Section 13 amended (Sentencing factors)

Section 13 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:

(a) is to consider any of the following to be an aggravating factor:

(i) the fact that the offender knew, or was reckless as to whether, a child was present or on the premises at the time of the offence;

(ii) the fact that the offender knew, or was reckless as to whether, the affected person was pregnant;

(iii) the fact that the offender is a serial family violence perpetrator; and

7.    Section 13A amended (Recording of family violence offences and serial family violence perpetrators)

Section 13A of the Principal Act is amended by inserting after subsection (1) the following subsection:

(1A)  If a person is declared to be a serial family violence perpetrator, the court or judge that declares the person to be a serial family violence perpetrator is to direct that the declaration be recorded on the person's criminal record.

9.    Section 16 amended (Family violence orders)

Section 16 of the Principal Act is amended as follows:

(a) by omitting from subsection (3)(c) "person." and substituting "person;";

(b) by inserting the following paragraph after paragraph (c) in subsection (3) :

(d) attend and participate in a rehabilitation program and in doing so comply with the reasonable directions of a person employed or engaged to conduct the program.

(c) by inserting the following subsections after subsection (3) :

(3A)  Before including a condition in an FVO under subsection (3)(d), the court must –

(a) make an order that a rehabilitation program assessment be undertaken in respect of the person and provided to the court by the Director of Corrective Services or any other person; and

(b) satisfy itself that the person is eligible to participate in the rehabilitation program; and

(c) satisfy itself that the rehabilitation program is available for the person to participate in at a suitable place and time.

(3B)  If the court includes in an FVO a condition of the kind referred to in subsection (3)(d), the court may require the person against whom the FVO is to be made to, whilst attending and participating in the rehabilitation program, report to a person nominated by the Director of Corrective Services at such reasonable times and places as are determined by the Director of Corrective Services.

10.    Part 4A inserted

After section 29 of the Principal Act , the following Part is inserted:

PART 4A - Declaration of serial family violence perpetrator

29A.   Court or judge may declare offender to be serial family violence perpetrator

(1)  This section applies to a court or a judge before whom an offender is –

(a) convicted of a family violence offence; or

(b) brought up for sentence after being convicted of a family violence offence.

(2)  The court or judge is to declare the offender to be a serial family violence perpetrator if –

(a) the offender has attained the age of 18 years; and

(b) the offender has –

(i) on that conviction, been convicted of at least 2 indictable family violence offences, with at least 2 of those offences being committed on different days; or

(ii) on that conviction, been convicted of at least 3 family violence offences, whether indictable or summary, with at least 3 of those offences being committed on different days; or

(iii) on that conviction or a previous conviction, been convicted of persistent family violence under section 170A of the Criminal Code; and

(c) the court or judge is of the opinion that the declaration is warranted.

(3)  In determining under subsection (2)(c) whether to declare an offender to be a serial family violence perpetrator, the court or judge is to have regard to the following:

(a) the nature and circumstances of the family violence offences referred to in subsection (2) ;

(b) the risk that the offender may commit further family violence offences;

(c) the offender’s antecedents and character;

(d) any other matter that the court or judge considers relevant.

(4)  For the purposes of subsection (2) , each of the family violence offences taken into account must have been committed within the 10-year period immediately preceding the declaration, unless the court or judge is satisfied that exceptional circumstances exist that make it appropriate to make a declaration under this section.

(5)  In determining under subsection (4) whether exceptional circumstances exist, the court or judge may have regard to any or all of the following:

(a) the level of risk that the offender may commit another family violence offence;

(b) the offender’s antecedents and character;

(c) the nature of the family violence offences for which the offender has been convicted;

(d) any other matter that the court or judge considers relevant.

(6)  The court or judge –

(a) may order the Director of Corrective Services or any other person to prepare and provide to the court or judge a report in relation to the risk of the offender committing further family violence offences or any other matters that the court or judge specifies in the order; and

(b) may have regard to the report for the purpose of determining under subsection (2)(c) whether to declare an offender to be a serial family violence perpetrator.

(7)  The court or judge is to provide –

(a) the prosecution with a copy of a report that is provided to the court or judge  in accordance with an order under subsection (6) , other than a report provided to the court or judge by the prosecution; and

(b) the offender with a copy of a report in relation to the offender that is provided to the court or judge in accordance with an order under subsection (6) .

29B.   Duration of declaration

The declaration of an offender as a serial family violence perpetrator remains in force for such period not exceeding 5 years as the court or judge determines.

29C.   Making of orders if declaration

(1)  If a court or judge declares an offender to be a serial family violence perpetrator, the court or judge, in addition to that declaration –

(a) is to make an FVO order if satisfied on the balance of probabilities as to the matters set out in section 16(1) ; and

(b) may make any other order under this Act which the court or judge may make.

(2)  A court or judge may, for the purposes of subsection (1)(a) , order the Commissioner of Police or any other person to provide the court or judge with an assessment of the suitability of a person for electronic monitoring for the purposes of subsection (1)(b) .

29D.   Review of declaration of serial family violence perpetrator

(1)  The DPP may make an application to a court or judge (a review application) for a review of a declaration of an offender as a serial family violence perpetrator.

(2)  An offender may make an application to a court or judge (a review application) for a review of a serial family violence declaration on the grounds that exceptional circumstances apply in relation to the offender.

(3)  A review application is to be in writing.

(4)  A copy of –

(a) a review application under subsection (1) is to be served on the offender to whom the declaration relates; and

(b) a review application under subsection (2) is to be served on the DPP.

(5)  A review application may be withdrawn or discontinued by leave of the court or a judge.

(6)  On a review application in relation to the declaration of an offender as a serial family violence perpetrator, the court or judge may, after taking into account the matters that would be taken into account by a court or judge under section 29A(3) when determining whether to make such a declaration –

(a) make an order discharging the declaration if satisfied that the declaration need no longer apply; or

(b) in the case of a review application under subsection (1) , make an order extending the duration of the declaration if satisfied that the duration of the declaration should be extended; or

(c) refuse to make an order under paragraph (a) or (b).

(7)  The duration of a serial family violence declaration may be extended by a court or judge under subsection (6)(b) for such period not exceeding 5 years as the court or judge determines.

(8)  A review application under this section may not be made to an inferior court of criminal jurisdiction to the court that made the declaration.

(9)  The discharge of a declaration in relation to an offender does not affect a sentence of imprisonment imposed on the offender.

29E.   Review of Part 4A

(1)  The Minister must cause a review of the operation of this Part to be undertaken and completed as soon as practicable after the fifth anniversary of the commencement of this Part.

(2)  The person who undertakes the review must provide a written report of the review to the Minister as soon as practicable after the review is completed.

(3)  The Minister must cause the written report of the review to be laid before each House of Parliament within 10 sitting-days after the report is provided to the Minister.

12.   

The amendments effected by this Part have been incorporated into the authorised version of the Community Protection (Offender Reporting) Act 2005 .

13.   

The amendments effected by this Part have been incorporated into the authorised version of the Community Protection (Offender Reporting) Act 2005 .

14.   

The amendments effected by this Part have been incorporated into the authorised version of the Community Protection (Offender Reporting) Act 2005 .

16.   

The amendment effected by this section has been incorporated into the authorised version of the Corrections Act 1997 .

17.   

The amendment effected by this section has been incorporated into the authorised version of the Corrections Act 1997 .

18.   

The amendment effected by this section has been incorporated into the authorised version of the Corrections Act 1997 .

19.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Code Act 1924 .

20.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Code Act 1924 .

22.   

The amendment effected by this section has been incorporated into the authorised version of the Dangerous Criminals and High Risk Offenders Act 2021 .

23.   

The amendments effected by this Part have been incorporated into the authorised version of the Evidence Act 2001 .

24.   

The amendments effected by this Part have been incorporated into the authorised version of the Evidence Act 2001 .

25.   

The amendments effected by this Part have been incorporated into the authorised version of the Evidence (Children and Special Witnesses) Act 2001 .

26.   

The amendments effected by this Part have been incorporated into the authorised version of the Evidence (Children and Special Witnesses) Act 2001 .

28.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

29.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

30.   

The amendments effected by this Part have been incorporated into the authorised version of the Justices Act 1959 .

31.   

The amendments effected by this Part have been incorporated into the authorised version of the Justices Act 1959 .

32.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .

33.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .