Crimes (Domestic Violence) Amendment Act 1983 (NSW)

CRIMES (DOMESTIC VIOLENCE) AMENDMENT ACT,

1983, No. 116

Jleto &outf) OTales

ANNO TRICESIMO SECUNDO

ELIZABETHS O BEGINS

I t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Act No. 116, 1983.

An Act to amend the Crimes Act, 1900, with respect to domestic violence.

[Assented to, 14th December, 1983.]

Act No. 116, 1983. 2

Crimes (Domestic Violence) Amendment.

BE it enacted by the Queen's Most Lxcellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.      This Act may be cited as the "Crimes (Domestic Violence) Amend-

ment Act, 1983".

Commencement.

(1) Except as provided by subsections (2) and (3 ) , this Act shall commence on the date of assent to this Act.

2.

(2) Section 4, in its application to a provision of Schedule 1 or 2,

shall commence on the day on which that provision commences.

(3) The several provisions of Schedule 1 shall commence on such

day or days as may be appointed by the Governor in respect thereof and as
may be notified by proclamation published in the Gazette.

Schedules.

3.      This Act contains the following Schedules:—

SCHEDULE 1 . — A M E N D M E N T S TO THE CRIMES A C T , 1900, IN RELA-

TION TO DOMESTIC VIOLENCE.

SCHEDULE 2 . — A M E N D M E N T S TO THE CRIMES A C T , 1900, IN R E L A -

TION TO BAIL IN CASES OE A P P R E H E N D E D DOMESTIC VIOLENCE.

Amendment of Act No. 40, 1900.

4. The Crimes Act, 1900, is amended in the manner set forth in

Schedules 1 and 2.

1. Act No. 1 16, 1983.

   Crimes (Domestic Violence) Amendment.

Validation.

Any act, matter or thing done or omitted to be done before the date of assent to this Act which would have been lawful had the Crimes Act, 1900, as amended in the manner set forth in Schedule 2, been in force when the act, matter or thing was done or omitted to be done is hereby validated and shall be deemed always to have been valid.

5.

SCHEDULE 1.

(Sec. 4.)

AMENDMENTS TO THE CRIMES ACT. 1900, IN RELATION TO DOMESTIC

VIOLENCE.

(1) Section 4 ( 1 ) , definition of "Domestic violence offence"—

From paragraph (a), omit "committed upon a person at a time when the person who commits the offence and the person upon whom the

offence is committed are married to each other or, although not
married to each other, are living together as husband and wife on a

bona fide domestic basis; or", insert instead:—

committed upon—

(i)   a person who is or has been married to the person who commits the offence; or

(ii)   a person who is living with or has lived with the person who commits the offence as his wife or her husband, as the case may be. on a bona fide domestic basis although not married to him or her, as the case may be; or

Act No. 116, 1983. 4

Crimes {Domestic Violence) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE CRIMES ACT, 1900, IN RELATION TO

DOMESTIC VIOLENCE—continued.

(2) (a) Section 547AA (1)—

Omit "probabilities that the commission by a person of a domes- tic violence offence upon another person (in this section referred to as the aggrieved spouse of the defendant) is apprehended by the aggrieved spouse of the defendant and that the apprehension is reasonable,", insert instead:—

probabilities that a person apprehends—

(a) the commission by another person of a domestic

violence offence upon the person; or

(b) the commission by—

(i)   another person who is or has been married to the person; or

(ii)   another person who is living with or has lived with the person as his wife or her husband, as the case may be, on a bona fide domestic basis although not married to him or her, as the case may be,

of conduct consisting of harassment or molestation of the person, being conduct which falls short of actual or threatened violence but which, in the opinion of the court, is sufficient to warrant the making of an order under this section,

and is satisfied on the balance of probabilities that the

apprehension is reasonable,

(b) Section 547AA (1 A ) —

After section 547AA (1), insert:—

(1A) In this section, "aggrieved spouse of the defendant", in

relation to a complaint under this section or an order made upon such a complaint, means the person whose apprehension con- cerning the commission of a domestic violence offence or conduct referred to in subsection (1) (b) is the subject of the complaint.

Act No. 116, 1983.

Crimes (Domestic Violence) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE CRIMES ACT, 1900, IN RELATION TO

DOMESTIC VIOLENCE—continued.

(c) Section 547AA (7)—

After "6 months", insert ", or to a fine of $2,000, or both".

(d) Section 547AA (14) (a )—

Before "a warrant", insert "(except in the case of a complaint relating exclusively to the apprehension by a person of conduct referred to in subsection (1) (b))" .

SCHEDULE 2.

(Sec. 4.)

AMENDMENTS TO THE CRIMES ACT, 1900, IN RELATION TO

BAIL IN CASES OF APPREHENDED DOMESTIC VIOLENCE.

(1) Section 547AA (14) (b) —

Omit the paragraph, insert instead:—
(b)	the Bail Act, 1978, applies to and in respect of the defendant

as if—

(i)   where the defendant is arrested pursuant to a warrant issued upon the complaint or first appears before a court in answer to a summons so issued, the defendant were an accused person charged with an offence; and

(ii)   proceedings in respect of the complaint or an order made under this section upon the complaint were proceedings in respect of an offence.

Act No. 116, 1983. 6

Crimes (Domestic Violence) Amendment.

SCHEDULE 2—continued.

AMENDMENTS TO THE CRIMES ACT, 1900, IN RELATION TO

BAIL IN CASES OF APPREHENDED DOMESTIC VIOLENCE—continued.

(2) Section 547AA (15)—

Omit the subsection, insert instead:—

(15) Where an order has been made under this section—

(a)	the order shall be deemed to be an order whereby the
defendant is punished within the meaning of section 122 of the Justices Act, 1902; and
(b)	in the application of section 123 of that Act and the Bail

Act, 1978, to and in respect of the defendant, the defendant shall be deemed to be an accused person who, by reason of the restrictions or prohibitions imposed by the order on the behaviour of the defendant, is in custody.