Crimes (Family Violence) (Amendment) Act 2003 (Vic)

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

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ENDNOTES 5

i

Victoria

No. 54 of 2003

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.

Crimes (Family Violence) (Amendment) Act 2003

Act No. 54/2003

Part 1—Preliminary s. 2

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

__________________
Crimes (Family Violence) (Amendment) Act 2003

Act No. 54/2003

s. 3 Part 2—Amendment of Crimes (Family Violence) Act 1987

PART 2—AMENDMENT OF CRIMES (FAMILY VIOLENCE)

ACT 1987

3. New section 14 substituted

See:

Act No.	For section 14 of the Crimes (Family Violence)
19/1987.	Act 1987 substitute—
Reprint No. 4 as at 16 September 1999 and amending Act Nos	"14. Consent orders
(1) The court may make an intervention order—

(a) without being satisfied as to any matter

36/2000 and

27/2001.	referred to in section 4(1) of this Act or
LawToday:
section 21A(5) of the Crimes Act
dpc.vic.	1958; and
gov.au

(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

Crimes (Family Violence) (Amendment) Act 2003

Act No. 54/2003

Part 2—Amendment of Crimes (Family Violence) Act 1987 s. 5

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.".

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Crimes (Family Violence) (Amendment) Act 2003

Act No. 54/2003

Endnotes

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