Tasmanian Bills Fact Sheets

[Index] [Search] [Download] [Bill] [Help]

FAMILY VIOLENCE REFORMS BILL 2016 BILL 72 OF 2016

                                         FACT SHEET

                              Family Violence Reforms Bill 2016

The Family Violence Reforms Bill 2016 (the Bill) proposes amendments to the Corrections Act
1997, Evidence (Children and Special Witnesses) Act 2001, Family Violence Act 2004 and Police
Offences Act 1935.

The Bill proposes:

      to amend section 87A of the Corrections Act 1997 to provide for a victim of a family
       violence offence to apply to be listed as an eligible person in the eligible persons
       register;

      to amend section 8 of the Evidence (Children and Special Witnesses) Act 2001 to
       provide:

           o that where a victim of a family violence offence is giving or is to give evidence in
             proceedings for a family violence offence a judge:

                        must consider whether or not to make an order declaring an alleged
                         victim of family violence to be a special witness; and

                        may make an order declaring an alleged victim of family violence to be a
                         special witness;

           o that an order declaring an alleged victim of family violence to be a special
             witness may include any of the orders referred to in subsection(2)(b) of section
             8 the Principal Act.

      to insert new section 13A in the Family Violence Act 2004 to provide:

           o that a court is to direct that an offence be recorded on a person’s criminal
             record as a family violence offence when a person pleads guilty to an offence, or
             is found guilty of an offence and the court is satisfied that the offence was a
             family violence offence;

           o for a court, on application or on its own motion, to direct a recording made
             under this new section to be corrected if an error has occurred;

           o for a record, or a correction of a record to be made in a manner and within the
             time determined by a court;

      to amend section 35 of the Police Offences Act 1935 to provide a separate express
       sentence aggravating provision for the offence of common assault where the person
       assaulted is a pregnant woman. The penalty under the new subsection (1B) is a
       maximum fine of 50 penalty units or imprisonment for a maximum period of 2 years.



                                                                                       Page 1 of 1
 
 

[Index] [Search] [Download] [Bill] [Help]