Crimes (Family Violence) (Amendment) Act 2003

i Crimes (Family Violence) (Amendment) Act 2003 Act No. 54/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—AMENDMENT OF CRIMES (FAMILY VIOLENCE) ACT 1987 3 3. New section 14 substituted 3 14. Consent orders 3 4. New section 25AB inserted 3 25AB. Validation of certain orders 3 5. Supreme Court—limitation of jurisdiction 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 Crimes (Family Violence) (Amendment) Act 2003 † [Assented to 16 June 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to amend the Crimes (Family Violence) Act 1987— (a) to ensure that intervention orders can be made by consent; and (b) to validate certain orders made by consent before the commencement of this Act. Victoria No. 54 of 2003 -- 2 of 6 -- Part 1—Preliminary Crimes (Family Violence) (Amendment) Act 2003 Act No. 54/2003 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 6 -- Part 2—Amendment of Crimes (Family Violence) Act 1987 Crimes (Family Violence) (Amendment) Act 2003 Act No. 54/2003 3 PART 2—AMENDMENT OF CRIMES (FAMILY VIOLENCE) ACT 1987 3. New section 14 substituted For section 14 of the Crimes (Family Violence) Act 1987 substitute— "14. Consent orders (1) The court may make an intervention order— (a) without being satisfied as to any matter referred to in section 4(1) of this Act or section 21A(5) of the Crimes Act 1958; and (b) whether or not the defendant admits to any or all of the particulars of the complaint— if the parties to the proceeding consent to the making of the order. (2) Before making an intervention order with the consent of the parties to the proceeding, the court may conduct a hearing in relation to the particulars of the complaint if it is of the opinion that the interests of justice require it to do so.". 4. New section 25AB inserted After section 25A of the Crimes (Family Violence) Act 1987 insert— "25AB. Validation of certain orders (1) An order made under this Act before the commencement of the Crimes (Family Violence) (Amendment) Act 2003 with the consent of all the parties to the proceeding is not, and must be taken never to have been, invalid only because it was made without the court being satisfied as to any matter referred s. 3 See: Act No. 19/1987. Reprint No. 4 as at 16 September 1999 and amending Act Nos 36/2000 and 27/2001. LawToday: www.dms. dpc.vic. gov.au -- 4 of 6 -- Part 2—Amendment of Crimes (Family Violence) Act 1987 Crimes (Family Violence) (Amendment) Act 2003 Act No. 54/2003 4 to in section 4(1) of this Act or section 21A(5) of the Crimes Act 1958. (2) Nothing in this section affects the rights of the parties— (a) in the proceeding known as Stephens v Melis and The Magistrates Court at Moe (No. 8432 of 2001) in the Supreme Court; or (b) in any proceeding for breach of an intervention order that was dismissed before the commencement of the Crimes (Family Violence) (Amendment) Act 2003 on the ground that the order was invalid because it was made without the court being satisfied as to any matter referred to in section 4(1) of this Act or section 21A(5) of the Crimes Act 1958.". 5. Supreme Court—limitation of jurisdiction In section 25B of the Crimes (Family Violence) Act 1987, at the end of the section insert— "(2) It is the intention of section 25AB(1) to alter or vary section 85 of the Constitution Act 1975.". ═══════════════ s. 5 -- 5 of 6 -- Crimes (Family Violence) (Amendment) Act 2003 Act No. 54/2003 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 27 March 2003 Legislative Council: 10 June 2003 The long title for the Bill for this Act was "to amend the Crimes (Family Violence) Act 1987 with respect to consent orders and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 4 June 2003 Legislative Council: 10 June 2003 Absolute majorities: Legislative Assembly: 5 June 2003 Legislative Council: 10 June 2003 Endnotes -- 6 of 6 --