Family Violence Legislation Amendment Act 2022 (ACT)

Family Violence Legislation Amendment Act 2022

A2022-13

Contents

Page

Part 1      Preliminary
1            Name of Act  2
2            Commencement  2
3            Legislation amended  2
Part 2Crimes Act 1900
4            New section 9A  3
5            Sections 15 (3), 19 (2), 20 (2), 21 (2), 23 (2) and 24 (2), note               3
6            Common assaultNew section 26 (2)  3
7           Acts endangering life etcSection 27 (3)  4
8            Acts endangering health etcSection 28 (2)  4
9            Culpable driving of motor vehicleSection 29 (3), note  4
10          Threat to killSection 30 (b)  5
11          Threat to inflict grievous bodily harmSection 31 (b)  5
12          Demands accompanied by threatsSection 32 (1)  6
13          Section 32 (2)  6
14          StalkingSection 35 (1), penalty  7
15          Section 48A heading  7
16          Section 48A (6), definition of applied provisions  8
17          Section 48B heading  8
18          Section 48B (1)  8
19          Table 48B, item 4, column 3, 6th dot point  8
20          Table 48B, new items 4A and 4B  9
21          Section 48B (2)  9
22          New sections 48C and 48D  9
23          Alternative verdicts for certain other offences against the personTable 49  16
24          Section 50 heading  19
25          Section 50 (1), new definition of aggravated offence  19
26          Sexual assault in the first degreeNew section 51 (1A)  19
27          New section 51 (3)  19
28          Sexual assault in the second degreeNew section 52 (1A)  20
29          New section 52 (3)  20
30          Sexual assault in the third degreeNew section 53 (1A)  20
31          New section 53 (3)  20
32          Sexual intercourse without consentNew section 54 (1A)  21
33          New section 54 (2A)  21
34          Sexual intercourse with young personNew section 55 (1A)  21
35          New section 55 (2A)  21
36          Section 56 heading  22
37          Act of indecency in the first degreeNew section 57 (2)  22
38          Act of indecency in the second degreeNew section 58 (2)  22
39          Act of indecency in the third degreeNew section 59 (2)  22
40          Act of indecency without consentNew section 60 (1A)  23
41          New section 60 (2A)  23
42          Acts of indecency with young peopleNew section 61 (1A)  23
43          New section 61 (2A)  23
44          Intimate observations or capturing visual data etcSection 61B (1), penalty  24
45          Section 61B (5), penalty  24
46          AbductionNew section 63 (2)  24
47          Using child for production of child exploitation material etcSection 64 (1), penalty  25
48          Section 64 (3), penalty  25
49          Trading in child exploitation materialSection 64A (1), penalty  25
50          Possessing child exploitation materialSection 65 (1), penalty  26
51          Grooming and depraving young peopleSection 66 (1), penalty  26
52          Section 66 (3), penalty  27
53          Failure to report child sexual offenceSection 66AA (8), definition of applied provisions  27
54          Making false report about child sexual offenceSection 66AB (1), penalty  28
55          Failure by person in authority to protect child or young person from sexual offenceSection 66A (5), definition of applied provisions  28
56New sections 72AA and 72AB 28
57          Definitions—pt 3ASection 72A, new definition of aggravated offence  34
58          Non-consensual distribution of intimate imagesSection 72C, penalty  34
59          Distribution of intimate image of young personSection 72D (1), penalty  34
60          Threaten to capture or distribute intimate imagesSection 72E (1), penalty  35
61          New sections 72EA and 72EB  35
62          Sexual servitude offencesSection 79 (1), penalty and note  37
63          Section 79 (2), penalty and note  37
64          Deceptive recruiting for sexual servicesSection 80, penalty and note  38
65          Sections 81 and 82  38
66          Destroying or damaging propertySection 116 (1), penalty  39
67          Section 116 (2), penalty  39
68          Section 116 (3), penalty  39
69          New section 116 (4) to (7)  40
70          Section 123  41
71          Interviewing children and young people about offencesSection 252G (3), new definition of family member  41
72          Summary disposal of certain cases at prosecutor’s electionNew section 374 (1A)  41
73          New section 374 (6A)  42
74          New section 434C  42
75          Dictionary, definitions of aggravated offence and alternative offence      43
76          Dictionary, new definitions  44
Part 3Crimes (Sentencing) Act 2005
77          New section 51A  45
78          Victim impact statements—effectSection 53 (3) and (4)  45
Part 4Evidence (Miscellaneous Provisions) Act 1991
79          Section 38 (2)  46
80          Special requirements—particular proceedingsSection 43  46
81          Table 43.1, item 1, column 3  46
82          Part 4.4 heading  47
83          Division 4.4.3 heading  47
84          Meaning of protected confidence—div 4.4.3Section 79A (1)  47
85          Section 79A (2)  47
86          Section 79A (5), new definition of family violence offence                   48
87          No protected confidence immunity for medical informationSection 79K (a)  48
88          No protected confidence immunity for communications for criminal investigations and proceedingsSection 79L  48
89          New chapter 6A  49
90          Dictionary, definition of family member  50
91          Dictionary, new definitions  51
92          Further amendments, mentions of division 4.4.3 (Sexual offence proceedings—protection of counselling communications)  51
Part 5Family Violence Act 2016
93          Meaning of family violenceNew section 8 (2) (f)  53
94          New section 156  53
95          Dictionary, definition of family violence offence  54
Part 6Working with Vulnerable People (Background Checking) Act 2011
96          Disqualifying offencesSchedule 3, parts 3.2 and 3.3  55
Schedule 1 Consequential amendments  81
Part 1.1    Children and Young People Act 2008  81
Part 1.2    Crimes (Child Sex Offenders) Act 2005  81
Part 1.3    Evidence Act 2011  82
Part 1.4    Sex Work Act 1992  82
Part 1.5    Supreme Court Act 1933  82

Family Violence Legislation Amendment Act 2022

A2022-13

An Act to amend legislation about family violence, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

Name of Act
This Act is the Family Violence Legislation Amendment Act 2022.
Commencement
This Act commences on the 7th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the following legislation:
·     Crimes Act 1900
·     Crimes (Sentencing) Act 2005
·     Evidence (Miscellaneous Provisions) Act 1991
·     Family Violence Act 2016
·     Working With Vulnerable People (Background Checking) Act 2011.
NoteThis Act also amends other legislation (see sch 1).

Part 2Crimes Act 1900

New section 9A
in part 2, insert

9AMeaning of aggravated offence—pt 2
In this part:
aggravated offence—
(a)for an offence committed against a pregnant woman—see section 48A (2); and
(b)for an offence involving family violence—see section 48C (2).

Sections 15 (3), 19 (2), 20 (2), 21 (2), 23 (2) and 24 (2), note
substitute
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Common assault
New section 26 (2)
insert
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 3 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Acts endangering life etc
Section 27 (3)
omit everything after paragraph (h), substitute
is guilty of an offence punishable, on conviction, by imprisonment for—
(i)in the case of an aggravated offence against this section—13 years; or
(j)in any other case—10 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Acts endangering health etc
Section 28 (2)
omit everything after paragraph (e), substitute
is guilty of an offence punishable, on conviction, by imprisonment for—
(f)in the case of an aggravated offence against this section—7 years; or
(g)in any other case—5 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Culpable driving of motor vehicle
Section 29 (3), note
substitute
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Threat to kill
Section 30 (b)
omit everything after paragraph (b), substitute
the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for—
(c)in the case of an aggravated offence against this section—13 years; or
(d)in any other case—10 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Threat to inflict grievous bodily harm
Section 31 (b)
omit everything after paragraph (b), substitute
the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for—
(c)in the case of an aggravated offence against this section—7 years; or
(d)in any other case—5 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Demands accompanied by threats
Section 32 (1)
omit
for 20 years.
substitute
for—
(d)in the case of an aggravated offence against this section—25 years; or
(e)in any other case—20 years.
Section 32 (2)
omit
for 10 years.
substitute
for—
(d)in the case of an aggravated offence against this section—13 years; or
(e)in any other case—10 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Stalking
Section 35 (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence against this section—
(i)imprisonment for 7 years if—
(A)the offence involved a contravention of an injunction or other order made by a court; or
(B)the offender was in possession of an offensive weapon; or
(ii)in any other case—imprisonment for 3 years; or
(b)for an offence against this section other than an aggravated offence—
(i)imprisonment for 5 years if—
(A)the offence involved a contravention of an injunction or other order made by a court; or
(B)the offender was in possession of an offensive weapon; or
(ii)in any other case—imprisonment for 2 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Section 48A heading
substitute

48AAggravated offences—pt 2 offences against pregnant women

Section 48A (6), definition of applied provisions
omit
Section 48B heading
substitute

48BAlternative verdicts for aggravated offences—pt 2 offences against pregnant women

Section 48B (1)
substitute
(1)This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48B, the trier of fact—
(a)is not satisfied that the defendant committed the aggravated offence; but
(b)is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).
(1A)The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.
Table 48B, item 4, column 3, 6th dot point
substitute
· section 26 (Common assault), simple offence
Table 48B, new items 4A and 4B
insert

section 23 (Inflicting actual bodily harm)—aggravated offence

· section 23, simple offence

section 24 (Assault occasioning actual bodily harm)—aggravated offence

· section 24, simple offence

· section 26 (Common assault), aggravated offence

· section 26, simple offence

Section 48B (2)
omit
New sections 48C and 48D
insert

48CAggravated offences—pt 2 offences involving family violence
(1)This section applies to an offence against any of the following provisions:
(a)section 15 (Manslaughter);
(b)section 19 (Intentionally inflicting grievous bodily harm);
(c)section 20 (Recklessly inflicting grievous bodily harm);
(d)section 21 (Wounding);
(e)section 23 (Inflicting actual bodily harm);
(f)section 24 (Assault occasioning actual bodily harm);
(g)section 26 (Common assault);
(h)section 27 (Acts endangering life etc);
(i)section 28 (Acts endangering health etc);
(j)section 29 (Culpable driving of motor vehicle);

(k)section 30 (Threat to kill);
(l)section 31 (Threat to inflict grievous bodily harm);

(m)section 32 (Demands accompanied by threats);
(n)section 35 (Stalking).
(2)The offence is an aggravated offence if the offence involves family violence.
(3)If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.
(4)To remove any doubt—
(a)it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and
(b)the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence.
(5)In this section:
factor of aggravation means the matter mentioned in subsection (2).
NoteThe following sections also provide that particular offences involving family violence are aggravated offences:
(a)s 72AA (Aggravated offences—pt 3 offences involving family violence);
(b)s 72EA (Aggravated offences—pt 3A offences involving family violence);
(c)s 116 (Destroying or damaging property).

48DAlternative verdicts for aggravated offences—offences involving family violence
(1)This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48D, the trier of fact—
(a)is not satisfied that the defendant committed the aggravated offence; but
(b)is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).
(2)The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

Table 48D

column 1 item	column 2 aggravated offence	column 3 alternative offences
1	section 15 (Manslaughter), aggravated offence	· section 15, simple offence · section 17 (1) (Suicide—aiding etc) · section 17 (2) · section 20 (Recklessly inflicting grievous bodily harm), aggravated offence · section 20, simple offence · section 29 (2) (Culpable driving of motor vehicle—causing death), aggravated offence · section 29 (2), simple offence
2	section 19 (Intentionally inflicting grievous bodily harm), aggravated offence	· section 19, simple offence · section 20 (Recklessly inflicting grievous bodily harm), aggravated offence · section 20, simple offence · section 21 (Wounding), aggravated offence · section 21, simple offence · section 23 (Inflicting actual bodily harm), aggravated offence · section 23, simple offence · section 43 (Childbirth—grievous bodily harm), simple offence
3	section 20 (Recklessly inflicting grievous bodily harm), aggravated offence	· section 20, simple offence · section 23 (Inflicting actual bodily harm), aggravated offence · section 23, simple offence · section 29 (4) (Culpable driving of motor vehicle—causing grievous bodily harm), aggravated offence · section 29 (4), simple offence
4	section 21 (Wounding), aggravated offence	· section 21, simple offence · section 23 (Inflicting actual bodily harm), aggravated offence · section 23, simple offence · section 24 (Assault occasioning actual bodily harm), aggravated offence · section 24, simple offence · section 26 (Common assault), aggravated offence · section 26, simple offence
5	section 23 (Inflicting actual bodily harm), aggravated offence	· section 23, simple offence
6	section 24 (Assault occasioning actual bodily harm), aggravated offence	· section 24, simple offence · section 26 (Common assault), aggravated offence · section 26, simple offence
7	section 26 (Common assault), aggravated offence	· section 26, simple offence
8	section 27 (3) (a) (Acts endangering life etc—choking etc rendering person unconscious etc), aggravated offence	· section 27 (3) (a), simple offence · section 28 (2) (a) (Choking, suffocating or strangling)
9	section 27 (3) (b) (Acts endangering life etc—administering drugs etc endangering life etc), aggravated offence	· section 27 (3) (b), simple offence · section 28 (2) (b) (administering poison etc with intent to injure etc)
10	section 27 (3) (e) (Acts endangering life etc—causing explosions etc endangering life etc), aggravated offence	· section 27 (3) (e), simple offence · section 28 (2) (c) (Causing explosions etc endangering health etc)
11	section 27 (3) (f) (Acts endangering life etc)—setting traps endangering life etc, aggravated offence	· section 27 (3) (f), simple offence · section 28 (2) (d) (Setting traps endangering health etc)
12	section 27 (3) (g) (Acts endangering life etc—interfering with conveyances and endangering life etc), aggravated offence	· section 27 (3) (g), simple offence · section 28 (2) (e) (Interfering with conveyances and endangering health etc)
13	section 27 (4) (Acts endangering life etc—intending to commit indictable offence/prevent or hinder apprehension/police officer), aggravated offence	· section 27 (3) (Acts endangering life etc), aggravated offence · section 27 (3), simple offence
14	section 28 (2) (a) (Acts endangering health etc—choking, suffocating or strangling), aggravated offence	· section 28 (2) (a), simple offence · section 26 (Common assault)
15	section 28 (2) (b) (Acts endangering health etc—administering poisons etc with intent to injure etc), aggravated offence	· section 28 (2) (b), simple offence
16	section 28 (2) (c) (Acts endangering health etc—causing explosions etc endangering health etc), aggravated offence	· section 28 (2) (c), simple offence
17	section 28 (2) (d) (Acts endangering health etc—setting traps endangering health etc), aggravated offence	· section 28 (2) (d), simple offence
18	section 28 (2) (e) (Acts endangering health etc—interfering with conveyances and endangering health etc), aggravated offence	· section 28 (2) (e), simple offence
19	section 29 (2) (Culpable driving of motor vehicle—causing death), aggravated offence	· section 29 (2), simple offence · Road Transport (Safety and Traffic Management) Act 1999, section 6 (1), penalty, paragraph (a) (Negligent driving—causing death)
20	section 29 (4) (Culpable driving of motor vehicle—causing grievous bodily harm), aggravated offence	· section 29 (4), simple offence · Road Transport (Safety and Traffic Management) Act 1999, section 6 (1), penalty, paragraph (b) (Negligent driving—causing grievous bodily harm)
21	section 30 (Threat to kill), aggravated offence	· section 30, simple offence
22	section 31 (Threat to inflict grievous bodily harm), aggravated offence	· section 31, simple offence
23	section 32 (Demands accompanied by threats), aggravated offence	· section 32, simple offence
24	section 35 (Stalking), aggravated offence	· section 35, simple offence

Alternative verdicts for certain other offences against the person
Table 49
substitute

Table 49

column 1 Item	column 2 offence charged	column 3 alternative offences
1	section 12 (2) (Murder)	· section 15 (2) (Manslaughter) · section 17 (1) (Suicide—aiding etc) · section 17 (2) · section 42 (Child destruction) · section 47 (1) (Concealment of birth)
2	section 15 (1) (Manslaughter)	· section 17 (1) (Suicide—aiding etc) · section 17 (2) · section 20 (Recklessly inflicting grievous bodily harm), simple offence · section 25 (Causing grievous bodily harm) · section 29 (2) (Culpable driving of motor vehicle) · section 42 (Child destruction) · section 47 (1) (Concealment of birth)
3	section 19 (Intentionally inflicting grievous bodily harm)	· section 20 (Recklessly inflicting grievous bodily harm), simple offence · section 21 (Wounding), simple offence · section 23 (Inflicting actual bodily harm), simple offence · section 43 (Childbirth—grievous bodily harm)
4	section 20 (Recklessly inflicting grievous bodily harm)	· section 23 (Inflicting actual bodily harm), simple offence · section 25 (Causing grievous bodily harm) · section 29 (4) (Culpable driving of motor vehicle) · section 43 (Childbirth—grievous bodily harm)
5	section 21 (Wounding)	· section 23 (Inflicting actual bodily harm), simple offence · section 24 (Assault occasioning actual bodily harm), simple offence · section 26 (Common assault), simple offence
6	section 22 (Assault with intent to commit other offence)	· section 26 (Common assault), simple offence
7	section 24 (Assault occasioning actual bodily harm)	· section 26 (Common assault), simple offence
8	section 27 (3) (a) (Acts endangering life etc—choking etc rendering person unconscious etc)	· section 28 (2) (a) (Acts endangering health etc), simple offence
9	section 27 (3) (b) (Acts endangering life etc—administering drugs etc endangering life etc)	· section 28 (2) (b) (Acts endangering health etc), simple offence
10	section 27 (3) (e) (Acts endangering life etc—causing explosions etc endangering life etc)	· section 28 (2) (c) (Acts endangering health etc), simple offence
11	section 27 (3) (f) (Acts endangering life etc—setting traps endangering life etc)	· section 28 (2) (d) (Acts endangering health etc), simple offence
12	section 27 (3) (g) (Acts endangering life etc—interfering with conveyances and endangering life etc)	· section 28 (2) (e) (Acts endangering health etc), simple offence
13	section 28 (2) (a) (Acts endangering health etc—choking, suffocating or strangling)	· section 26 (Common assault), simple offence
14	section 29 (2) (Culpable driving of motor vehicle)—causing death	· Road Transport (Safety and Traffic Management) Act 1999, section 6 (1), penalty, paragraph (a) (Negligent driving)—causing death
15	section 29 (4) (Culpable driving of motor vehicle)—causing grievous bodily harm	· Road Transport (Safety and Traffic Management) Act 1999, section 6 (1), penalty, paragraph (b) (Negligent driving)—causing grievous bodily harm

Section 50 heading
substitute
Definitions—pt 3
Section 50 (1), new definition of aggravated offence
insert
aggravated offence, for an offence involving family violence—see section 72AA (2).
Sexual assault in the first degree
New section 51 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 21 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 51 (3)
insert
(3)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 25 years.
Sexual assault in the second degree
New section 52 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 18 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 52 (3)
insert
(3)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 21 years.
Sexual assault in the third degree
New section 53 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 53 (3)
insert
(3)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 18 years.
Sexual intercourse without consent
New section 54 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 54 (2A)
insert
(2A)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 18 years.
Sexual intercourse with young person
New section 55 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 21 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 55 (2A)
insert
(2A)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 18 years.
Section 56 heading
substitute
Persistent sexual abuse of child or young person under special care
Act of indecency in the first degree
New section 57 (2)
insert
(2)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 19 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Act of indecency in the second degree
New section 58 (2)
insert
(2)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Act of indecency in the third degree
New section 59 (2)
insert
(2)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 13 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Act of indecency without consent
New section 60 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 9 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 60 (2A)
insert
(2A)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 11 years.
Acts of indecency with young people
New section 61 (1A)
insert
(1A)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
New section 61 (2A)
insert
(2A)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 13 years.
Intimate observations or capturing visual data etc
Section 61B (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—250 penalty units, imprisonment for 3 years or both; or
(b)in any other case—200 penalty units, imprisonment for 2 years or both.
Section 61B (5), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—250 penalty units, imprisonment for 3 years or both; or
(b)in any other case—200 penalty units, imprisonment for 2 years or both.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Abduction
New section 63 (2)
insert
(2)However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 13 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Using child for production of child exploitation material etc
Section 64 (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—1 900 penalty units, imprisonment for 19 years or both; or
(b)in any other case—1 500 penalty units, imprisonment for 15 years or both.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Section 64 (3), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—1 300 penalty units, imprisonment for 13 years or both; or
(b)in any other case—1 000 penalty units, imprisonment for 10 years or both.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Trading in child exploitation material
Section 64A (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—1 500 penalty units, imprisonment for 15 years or both; or
(b)in any other case—1 200 penalty units, imprisonment for 12 years or both.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Possessing child exploitation material
Section 65 (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or
(b)in any other case—700 penalty units, imprisonment for 7 years or both.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Grooming and depraving young people
Section 66 (1), penalty
substitute
Maximum penalty:
(a)for a 1st offence against a person under 10 years—
(i)for an aggravated offence—imprisonment for 11 years; or
(ii)in any other case—imprisonment for 9 years; or
(b)for a 1st offence against a young person 10 years or older—
(i)for an aggravated offence—imprisonment for 9 years; or
(ii)in any other case—imprisonment for 7 years; or
(c)for a 2nd or subsequent offence against a person under 10 years—
(i)for an aggravated offence—imprisonment for 15 years; or
(ii)in any other case—imprisonment for 12 years; or
(d)for a 2nd or subsequent offence against a young person 10 years or older—
(i)for an aggravated offence—imprisonment for 13 years; or
(ii)in any other case—imprisonment for 10 years.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Section 66 (3), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or
(b)in any other case—700 penalty units, imprisonment for 7 years or both.
Failure to report child sexual offence
Section 66AA (8), definition of applied provisions
omit
Making false report about child sexual offence
Section 66AB (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—125 penalty units, imprisonment for 16 months or both; or
(b)in any other case—100 penalty units, imprisonment for 12 months or both.
NoteSection 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Failure by person in authority to protect child or young person from sexual offence
Section 66A (5), definition of applied provisions
omit
New sections 72AA and 72AB
in part 3, insert

72AAAggravated offences—pt 3 offences involving family violence
(1)This section applies to an offence against any of the following provisions:
(a)section 51 (Sexual assault in the first degree);
(b)section 52 (Sexual assault in the second degree);
(c)section 53 (Sexual assault in the third degree);
(d)section 54 (Sexual intercourse without consent);
(e)section 55 (Sexual intercourse with young person);
(f)section 57 (Act of indecency in the first degree);
(g)section 58 (Act of indecency in the second degree);
(h)section 59 (Act of indecency in the third degree);
(i)section 60 (Act of indecency without consent);
(j)section 61 (Acts of indecency with young people);

(k)section 61B (Intimate observations or capturing visual data etc);
(l)section 63 (Abduction);

(m)section 64 (Using child for production of child exploitation material etc);
(n)section 64A (Trading in child exploitation material);
(o)section 65 (Possessing child exploitation material);
(p)section 66 (Grooming and depraving young people);
(q)section 66AB (Making false report about child sexual offence).
(2)The offence is an aggravated offence if the offence involves family violence.
(3)If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.
(4)To remove any doubt—
(a)it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and
(b)the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence, unless the chapter applied to the offence before the commencement of this section.
NoteThe Criminal Code does not apply to offences against this part that were offences in force before 1 January 2003 unless the offence is omitted and remade (see Criminal Code, s 8).

(5)In this section:
factor of aggravation means the matter mentioned in subsection (2).
NoteThe following sections also provide that particular offences involving family violence are aggravated offences:
(a)s 48C (Aggravated offences—pt 2 offences involving family violence);
(b)s 72EA (Aggravated offences—pt 3A offences involving family violence);
(c)s 116 (Destroying or damaging property).

72ABAlternative verdicts for aggravated offences—offences involving family violence
(1)This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 72AB, the trier of fact—
(a)is not satisfied that the defendant committed the aggravated offence; but
(b)is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).
(2)The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

Table 72AB

column 1 item	column 2 aggravated offence	column 3 alternative offences
1	section 51 (Sexual assault in the first degree), aggravated offence	· section 19 (Intentionally inflicting grievous bodily harm), aggravated offence · section 19, simple offence · section 20 (Recklessly inflicting grievous bodily harm), aggravated offence · section 20, simple offence · section 25 (Causing grievous bodily harm) · section 51, simple offence · section 52 (Sexual assault in the second degree), aggravated offence · section 52, simple offence · section 53 (Sexual assault in the third degree), aggravated offence · section 53, simple offence · section 54 (Sexual intercourse without consent), aggravated offence · section 54, simple offence
2	section 52 (Sexual assault in the second degree), aggravated offence	· section 24 (Assault occasioning actual bodily harm), aggravated offence · section 24, simple offence · section 52, simple offence · section 53 (Sexual assault in the third degree), aggravated offence · section 53, simple offence · section 54 (Sexual intercourse without consent), aggravated offence · section 54, simple offence
3	section 53 (Sexual assault in the third degree), aggravated offence	· section 53, simple offence · section 54 (Sexual intercourse without consent), aggravated offence · section 54, simple offence
4	section 54 (Sexual intercourse without consent), aggravated offence	· section 54, simple offence
5	section 55 (Sexual intercourse with young person), aggravated offence	· section 55, simple offence
6	section 57 (Act of indecency in the first degree), aggravated offence	· section 19 (Intentionally inflicting grievous bodily harm), aggravated offence · section 19, simple offence · section 20 (Recklessly inflicting grievous bodily harm), aggravated offence · section 20, simple offence · section 25 (Causing grievous bodily harm) · section 57, simple offence · section 58 (Act of indecency in the second degree), aggravated offence · section 58, simple offence
7	section 58 (Act of indecency in the second degree), aggravated offence	· section 24 (Assault occasioning actual bodily harm), aggravated offence · section 24, simple offence · section 58, simple offence
8	section 59 (Act of indecency in the third degree), aggravated offence	· section 59, simple offence
9	section 60 (Act of indecency without consent), aggravated offence	· section 60, simple offence
10	section 61 (Acts of indecency with young people), aggravated offence	· section 61, simple offence
11	section 61B (1) (Intimate observations or capturing visual data etc), aggravated offence	· section 61B (1), simple offence
12	section 61B (5) (Intimate observations or capturing visual data etc), aggravated offence	· section 61B (5), simple offence
13	section 63 (Abduction), aggravated offence	· section 63, simple offence
14	section 64 (Using child for production of child exploitation material etc), aggravated offence	· section 64, simple offence
15	section 64A (Trading in child exploitation material), aggravated offence	· section 64A, simple offence
16	section 65 (Possessing child exploitation material), aggravated offence	· section 65, simple offence
17	section 66 (Grooming and depraving young people), aggravated offence	· section 66, simple offence
18	section 66AB (Making false report about child sexual offence), aggravated offence	· section 66AB, simple offence

Definitions—pt 3A
Section 72A, new definition of aggravated offence
insert
aggravated offence, for an offence involving family violence—see section 72EA (2).
Non-consensual distribution of intimate images
Section 72C, penalty
substitute
Maximum penalty:
(a)for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or
(b)in any other case—300 penalty units, imprisonment for 3 years or both.
NoteSection 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.

Distribution of intimate image of young person
Section 72D (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—600 penalty units, imprisonment for 6 years or both; or
(b)in any other case—500 penalty units, imprisonment for 5 years or both.
NoteSection 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.
Threaten to capture or distribute intimate images
Section 72E (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or
(b)in any other case—300 penalty units, imprisonment for 3 years or both.
NoteSection 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.
New sections 72EA and 72EB
insert

72EAAggravated offences—pt 3A offences involving family violence
(1)This section applies to an offence against any of the following provisions:
(a)section 72C (Non-consensual distribution of intimate images);
(b)section 72D (Distribution of intimate image of young person);
(c)section 72E (Threaten to capture or distribute intimate images).
(2)The offence is an aggravated offence if the offence involves family violence.
(3)If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.
(4)To remove any doubt, it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation.
(5)In this section:
factor of aggravation means the matter mentioned in subsection (2).
NoteThe following sections also provide that particular offences involving family violence are aggravated offences:
(a)s 48C (Aggravated offences—pt 2 offences involving family violence);
(b)s 72AA (Aggravated offences—pt 3 offences involving family violence);
(c)s 116 (Destroying or damaging property).

72EBAlternative verdicts for aggravated offences—offences involving family violence
(1)This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 72EB, the trier of fact—
(a)is not satisfied that the defendant committed the aggravated offence; but
(b)is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).
(2)The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.

Table 72EB

column 1 item	column 2 aggravated offence	column 3 alternative offences
1	section 72C (Non‑consensual distribution of intimate images), aggravated offence	· section 72C, simple offence
2	section 72D (Distribution of intimate image of young person), aggravated offence	· section 72D, simple offence
3	section 72E (Threaten to capture or distribute intimate images), aggravated offence	· section 72E, simple offence

Sexual servitude offences
Section 79 (1), penalty and note
substitute
Maximum penalty:
(a)if a person who enters or remains in sexual servitude is younger than 18 years—imprisonment for 19 years; or
(b)in any other case—imprisonment for 15 years.
Section 79 (2), penalty and note
substitute
Maximum penalty:
(a)if a person in sexual servitude involved with the business is younger than 18 years—imprisonment for 19 years; or
(b)in any other case—imprisonment for 15 years.
Deceptive recruiting for sexual services
Section 80, penalty and note
substitute
Maximum penalty:
(a)if the deceived person is younger than 18 years old—imprisonment for 9 years; or
(b)in any other case—imprisonment for 7 years.
Sections 81 and 82
substitute
Sexual servitude offence etc against person younger than 18 years—charges and proof
In a prosecution for an offence against this part, if the prosecution intends to prove that the offence was committed against a person younger than 18 years old—
(a)the allegation that the offence was committed against a person younger than 18 years old must be stated in the charge; and
(b)the prosecution must prove that the defendant intended to commit, or was reckless about committing, the offence against a person younger than 18 years old.
Alternative verdicts—sexual servitude offence etc
(1)This section applies if, in a prosecution for an offence against section 79 or section 80, the trier of fact—
(a)is not satisfied that the defendant committed the offence; but
(b)is satisfied beyond reasonable doubt that the defendant committed another offence against the section carrying a lesser penalty than the offence charged.
(2)The trier of fact may find the defendant guilty of the other offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.
Destroying or damaging property
Section 116 (1), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—imprisonment for 25 years; or
(b)in any other case—imprisonment for 20 years.
Section 116 (2), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—380 penalty units, imprisonment for 19 years or both; or
(b)in any other case—300 penalty units, imprisonment for 15 years or both.
Section 116 (3), penalty
substitute
Maximum penalty:
(a)for an aggravated offence—60 penalty units, imprisonment for 3 years or both; or
(b)in any other case—50 penalty units, imprisonment for 2 years or both.
New section 116 (4) to (7)
insert
(4)An offence against this section is an aggravated offence if the offence involves family violence.
(5)If the prosecution intends to prove that the offence is an aggravated offence, the factor of aggravation must be stated in the charge.
(6)To remove any doubt—
(a)it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and
(b)the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence against this section, whether or not it is an aggravated offence.
(7)In this section:
factor of aggravation means the matter mentioned in subsection (4).
NoteThe following sections also provide that particular offences involving family violence are aggravated offences:
(a)s 48C (Aggravated offences—pt 2 offences involving family violence);
(b)s 72AA (Aggravated offences—pt 3 offences involving family violence);
(c)s 72EA (Aggravated offences—pt 3A offences involving family violence).
Section 123
substitute
Alternative verdicts—criminal damage to property offences
(1)This section applies if, in a prosecution for an offence against this division, the trier of fact—
(a)is not satisfied that the defendant committed the offence; but
(b)is satisfied beyond reasonable doubt that the defendant committed another offence against this division carrying a lesser penalty than the offence charged.
(2)The trier of fact may find the defendant guilty of the other offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.
Interviewing children and young people about offences
Section 252G (3), new definition of family member
insert
family member—see the Family Violence Act 2016, section 9.
Summary disposal of certain cases at prosecutor’s election
New section 374 (1A)
insert
(1A)For subsection (1) (a), the penalty of imprisonment for an offence charged as an aggravated offence because it involves family violence is the penalty for the simple offence.
New section 374 (6A)
insert
(6A)In sentencing or otherwise dealing with a defendant in relation to an offence that is an aggravated offence because it involves family violence, the court must treat the family violence as an aggravating factor for the offence, subject to the limitation on the penalty under subsection (7).
Example
A defendant is charged with aggravated assault occasioning actual bodily harm under s 24 because the offence involves family violence. The prosecutor makes an election to have the case disposed of summarily, based on the maximum penalty of 5 years imprisonment for the simple offence. The court convicts the defendant and must impose a sentence or otherwise deal with the defendant in a way that, subject to the limitation on penalty in s (7), acknowledges the objective seriousness of family violence.
New section 434C
insert

434CAggravated offence may allege more than 1 factor of aggravation
(1)A charge for an offence against this Act that the prosecution intends to prove is an aggravated offence may state more than 1 relevant factor of aggravation for the offence
Example
A defendant is charged with 1 count of assault occasioning actual bodily harm under s 24. The complainant is a pregnant woman and also a family member of the offender. The prosecution intends to prove the offence is an aggravated offence, relying on s 48A and s 72AA. The charge under s 24 may state the relevant factors of aggravation as an assault against a pregnant woman and an assault involving family violence.
(2)In this section:
relevant factor of aggravation—
(a)for an offence mentioned in section 48A (1) (Aggravated offences—pt 2 offences against pregnant women)—see section 48A (6); and
(b)for an offence mentioned in section 48C (1) (Aggravated offences—pt 2 offences involving family violence)—see section 48C (5); and
(c)for an offence mentioned in section 72AA (1) (Aggravated offences—pt 3 offences involving family violence)—see section 72AA (5); and
(d)for an offence mentioned in section 72EA (1) (Aggravated offences—pt 3A offences involving family violence)—see section 72EA (5); and
(e)for an offence against section 116 (Destroying or damaging property)—see section 116 (7).

Dictionary, definitions of aggravated offence and alternative offence
substitute
aggravated offence—
(a)for part 2 (Offences against the person)—
(i)for an offence committed against a pregnant woman—see section 48A (2); and
(ii)for an offence involving family violence—see section 48C (2); and
(b)for part 3 (Sexual offences)—see section 72AA (2); and
(c)for part 3A (Intimate image abuse)—see section 72EA (2).
alternative offence, for part 13 (Unfitness to plead and mental impairment)—see section 300 (1).
Dictionary, new definitions
insert
applied provisions—see the Criminal Code, section 10 (1).
family violence—see the Family Violence Act 2016, section 8.
fault element—see the Criminal Code, section 17.
simple offence, in relation to a provision, means an offence against the provision that is not an aggravated offence against the provision.

Part 3Crimes (Sentencing) Act 2005

New section 51A
insert

51AVictim impact statements—adjournment of proceeding to allow preparation
(1)If the prosecution in a sentencing proceeding for a serious offence requests an adjournment for the preparation of a victim impact statement, the court must grant the adjournment for a reasonable period to allow the statement’s preparation.
(2)However, the court must not adjourn the proceeding if satisfied that special circumstances justify refusing the adjournment.
(3)In this section:
serious offence means an offence punishable by imprisonment for longer than 5 years.

Victim impact statements—effect
Section 53 (3) and (4)
substitute
NoteThe Evidence (Miscellaneous Provisions) Act 1991, ch 6A deals with cross-examination of the maker of a victim impact statement.

Part 4Evidence (Miscellaneous Provisions) Act 1991

Section 38 (2)
substitute

38AMeaning of family violence offence—ch 4
In this chapter:
family violence offence—see the Family Violence Act 2016, dictionary.

Special requirements—particular proceedings
Section 43
omit
A provision mentioned in column 3 of a table for a proceeding
substitute
A provision mentioned in column 3 of a table in this section, for a particular proceeding,
Table 43.1, item 1, column 3
after 3rd dot point, insert
· div 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications)
Part 4.4 heading
substitute

Part 4.4Special requirements—sexual offence and family violence offence proceedings

Division 4.4.3 heading
substitute

Division 4.4.3 Sexual and family violence offence proceedings—protection of counselling communications

Meaning of protected confidence—div 4.4.3
Section 79A (1)
after
sexual offence
insert
or family violence offence
Section 79A (2)
substitute
(2)A counselling communication is a protected confidence even if––
(a)it is made before the happening, or alleged happening, of the acts constituting the sexual offence or family violence offence; or
(b)it is not made in relation to––
(i)the sexual offence or any sexual offence; or
(ii)a condition arising from the sexual offence or any sexual offence; or
(iii)the family violence offence or any family violence offence; or
(iv)a condition arising from the family violence offence or any family violence offence.
Section 79A (5), new definition of family violence offence
insert
family violence offence includes alleged family violence offence.
No protected confidence immunity for medical information
Section 79K (a)
after
sexual offence
insert
or family violence offence
No protected confidence immunity for communications for criminal investigations and proceedings
Section 79L
after
sexual offence
insert
or family violence offence
New chapter 6A
insert

Chapter 6AVictim impact statements

Definitions—ch 6
In this chapter—
principal proceeding, for a victim impact statement, means the proceeding for which the statement was made.
victim impact statement—see the Crimes (Sentencing) Act 2005, section 47.
Victim impact statements—cross-examination in principal proceeding
(1)The court must not allow the defence to cross-examine the maker of a victim impact statement about the contents of the statement before a finding of guilt has been made in the principal proceeding, unless the court is satisfied that the statement has substantial probative value to justify allowing the cross-examination.
(2)The court must not allow the defence to cross-examine the maker about the contents of the statement after a finding of guilt has been made in the principal proceeding unless—
(a)a lawyer representing the offender applies for leave to conduct the cross-examination, or if the offender is not legally represented the offender indicates to the court the nature of the proposed cross-examination; and
(b)the court is satisfied that the cross-examination would materially affect the likely sentence to be imposed on an offender; and
(c)the court gives the defence leave to cross-examine the maker.
(3)In this section:
defence means—
(a)any lawyer representing a defendant or offender; or
(b)if the defendant or offender is not legally represented—the defendant or offender.
Victim impact statements—use in other proceeding
(1)A victim impact statement must not be used in a proceeding other than the principal proceeding unless—
(a)a finding of guilt has been made in the principal proceeding; or
(b)the court hearing the principal proceeding—
(i)is satisfied, on application by a party seeking to use the statement in another proceeding, that the statement has substantial probative value to justify the party’s use of the statement; and
(ii)makes an order allowing the statement to be used.
(2)An order under subsection (1) (b) (ii) may include any conditions the court considers appropriate having regard to the nature of the alleged offence and the circumstances of the maker of the statement.
Dictionary, definition of family member
substitute
family member, for part 4.2 (What special requirements apply to particular proceedings)—see the Family Violence Act 2016, section 9.
Dictionary, new definitions
insert
family violence offence, for chapter 4 (Sexual, violent and family violence offence proceedings)—see the Family Violence Act 2016, dictionary.
principal proceeding, for chapter 6A (Victim impact statements)—see section 95.
victim impact statement, for chapter 6A (Victim impact statements)—see the Crimes (Sentencing) Act 2005, section 47.
Further amendments, mentions of division 4.4.3 (Sexual offence proceedings—protection of counselling communications)
omit
division 4.4.3 (Sexual offence proceedings—protection of counselling communications)
substitute
division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications)
in
dictionary, definitions of
civil proceeding
counselling
counsellor
criminal proceeding, paragraph (b)
document recording a protected confidence
harm
preliminary criminal proceeding
proceeding, paragraph (d)
protected confidence
protected confidence evidence

Part 5Family Violence Act 2016

Meaning of family violence
New section 8 (2) (f)
insert
(f)harmful use of, or interference with, technology.
Examples—par (f)
1     use of an electronic device to publish intimate images of a family member without the member’s consent
2     causing a computer system to deny access to a family member who is an authorised user of the system
3     using an electronic messaging system to send abusive or threatening messages or images to a family member
4     using software to track a family member’s whereabouts or computer use
5     creating a false social media account to disseminate adverse information about a family member
6     using social media to publish intimate images of a person without the person’s consent
New section 156
in division 10.2, insert
Review of Act
(1)The Minister must—
(a)review the operation and effectiveness of this Act as soon as practicable after the end of 3 years after this section commences; and
(b)present a report of the review to the Legislative Assembly before the end of 4 years after this section commences.
(2)This section expires 5 years after the day it commences.
Dictionary, definition of family violence offence
substitute
family violence offence—an offence is a family violence offence if the conduct making up the offence is family violence.

Part 6Working with Vulnerable People (Background Checking) Act 2011

Disqualifying offences
Schedule 3, parts 3.2 and 3.3
substitute

Part 3.2Class A disqualifying offences
NoteAn offence mentioned in this part is a class B disqualifying offence for a person engaged, or seeking registration to engage, in a kinship care activity (see s 11B).

column 1 item	column 2 offence	column 3 short description	column 4 condition
Homicide and related offences
1	Crimes Act, s 12	murder
2	Criminal Code, s 44	attempt	to commit murder
3	Crimes Act, s 29 (2)	culpable driving of motor vehicle, causing death	intent to cause death
4	Crimes Act, s 29 (2) and s 48A (2)	culpable driving of motor vehicle, causing death (aggravated offence—against pregnant woman)	intent to cause death
5	Crimes Act, s 29 (2) and s 48C (2)	culpable driving of motor vehicle, causing death (aggravated offence—involving family violence)	intent to cause death
Acts intended to cause injury
6	Crimes Act, s 19	intentionally inflict grievous bodily harm	offence against vulnerable person
7	Crimes Act, s 19 and s 48A (2)	intentionally inflict grievous bodily harm (aggravated offence—against pregnant woman)	offence against vulnerable person
8	Crimes Act, s 19 and s 48C (2)	intentionally inflict grievous bodily harm (aggravated offence—involving family violence)	offence against vulnerable person
9	Crimes Act, s 20	recklessly inflict grievous bodily harm	offence against vulnerable person
10	Crimes Act, s 20 and s 48A (2)	recklessly inflict grievous bodily harm (aggravated offence—against pregnant woman)	offence against vulnerable person
11	Crimes Act, s 20 and s 48C (2)	recklessly inflict grievous bodily harm (aggravated offence—involving family violence)	offence against vulnerable person
12	Crimes Act, s 21	wounding	offence against vulnerable person
13	Crimes Act, s 21 and s 48A (2)s	wounding (aggravated offence—against pregnant woman)	offence against vulnerable person
14	Crimes Act, s 21 and s 48C (2)	wounding (aggravated offence—involving family violence)	offence against vulnerable person
15	Crimes Act, s 22	assault with intent to commit other offence	offence against vulnerable person
16	Crimes Act, s 23	inflict actual bodily harm	offence against vulnerable person
17	Crimes Act, s 23 and s 48A (2)	inflict actual bodily harm (aggravated offence—against pregnant woman)	offence against vulnerable person
18	Crimes Act, s 23 and s 48C (2)	inflict actual bodily harm (aggravated offence—involving family violence)	offence against vulnerable person
19	Crimes Act, s 24	assault occasioning actual bodily harm	offence against vulnerable person
20	Crimes Act, s 24 and s 48A (2)	assault occasioning actual bodily harm (aggravated offence—against pregnant woman)	offence against vulnerable person
21	Crimes Act, s 24 and s 48C (2)	assault occasioning actual bodily harm (aggravated offence—involving family violence)	offence against vulnerable person
22	Crimes Act, s 25	cause grievous bodily harm	offence against vulnerable person
23	Crimes Act, s 27 (3) (a)	acts endangering life—chokes, suffocates or strangles	offence against vulnerable person
24	Crimes Act, s 27 (3) (a) and s 48C (2)	acts endangering life—chokes, suffocates or strangles (aggravated offence—involving family violence)	offence against vulnerable person
25	Crimes Act, s 27 (3) (b)	acts endangering life—administer stupefying or overpowering drug	offence against vulnerable person
26	Crimes Act, s 27 (3) (b) and s 48C (2)	acts endangering life—administer stupefying or overpowering drug (aggravated offence—involving family violence)	offence against vulnerable person
27	Crimes Act, s 27 (3) (c)	acts endangering life—use offensive weapon	offence against vulnerable person
28	Crimes Act, s 27 (3) (c) and s 48C (2)	acts endangering life—use offensive weapon (aggravated offence—involving family violence)	offence against vulnerable person
29	Crimes Act, s 27 (3) (e)	acts endangering life—cause explosion etc	offence against vulnerable person
30	Crimes Act, s 27 (3) (e) and s 48C (2)	acts endangering life—cause explosion etc (aggravated offence—involving family violence)	offence against vulnerable person
31	Crimes Act, s 27 (3) (f)	acts endangering life—set trap	offence against vulnerable person
32	Crimes Act, s 27 (3) (f) and s 48C (2)	acts endangering life—set trap (aggravated offence—involving family violence)	offence against vulnerable person
33	Crimes Act, s 27 (3) (g)	acts endangering life—interfere with conveyance, transport facility or public utility service	offence against vulnerable person
34	Crimes Act, s 27 (3) (g) and s 48C (2)	acts endangering life—interfere with conveyance, transport facility or public utility service (aggravated offence—involving family violence)	offence against vulnerable person
35	Crimes Act, s 36	torture	offence against vulnerable person
36	Crimes Act, s 43	childbirth—grievous bodily harm with intent	offence against vulnerable person
37	Crimes Act, s 74	prohibition of female genital mutilation	offence against vulnerable person
38	Crimes Act, s 75	remove child from ACT for genital mutilation
Sexual assault and related offences
39	Crimes Act, s 51	sexual assault in first degree	offence against vulnerable person
40	Crimes Act, s 51 and s 72AA (2)	sexual assault in first degree (aggravated offence—involving family violence)	offence against vulnerable person
41	Crimes Act, s 52	sexual assault in second degree	offence against vulnerable person
42	Crimes Act, s 52 and s 72AA (2)	sexual assault in second degree (aggravated offence—involving family violence)	offence against vulnerable person
43	Crimes Act, s 53	sexual assault in third degree	offence against vulnerable person
44	Crimes Act, s 53 and s 72AA (2)	sexual assault in third degree (aggravated offence—involving family violence)	offence against vulnerable person
45	Crimes Act, s 54	sexual intercourse without consent	offence against vulnerable person
46	Crimes Act, s 54 and s 72AA (2)	sexual assault without consent (aggravated offence—involving family violence)	offence against vulnerable person
47	Crimes Act, s 55 (1)	sexual intercourse with young person (under 10 years old)
48	Crimes Act, s 55 (1) and s 72AA (2)	sexual intercourse with young person (under 10 years old) (aggravated offence—involving family violence)
49	Crimes Act, s 55 (2)	sexual intercourse with young person (under 16 years old)	offence other than within young adult relationship
50	Crimes Act, s 55 (2) and s 72AA (2)	sexual intercourse with young person (under 16 years old) (aggravated offence—involving family violence)	offence other than within young adult relationship
51	Crimes Act, s 55A	sexual intercourse with young person under special care
52	Crimes Act, s 56	maintain sexual relationship with young person or person under special care
53	Crimes Act, s 57	act of indecency in first degree	offence against vulnerable person
54	Crimes Act, s 57 and s 72AA (2)	act of indecency in first degree (aggravated offence—involving family violence)	offence against vulnerable person
55	Crimes Act, s 58	act of indecency in second degree	offence against vulnerable person
56	Crimes Act, s 58 and s 72AA (2)	act of indecency in second degree (aggravated offence—involving family violence)	offence against vulnerable person
57	Crimes Act, s 59	act of indecency in third degree	offence against vulnerable person
58	Crimes Act, s 59 and s 72AA (2)	act of indecency in third degree (aggravated offence—involving family violence)	offence against vulnerable person
59	Crimes Act, s 60	act of indecency without consent	offence against vulnerable person
60	Crimes Act, s 60 and s 72AA (2)	act of indecency without consent (aggravated offence—involving family violence)	offence against vulnerable person
61	Crimes Act, s 61 (1)	act of indecency without consent (child under 10 years old)
62	Crimes Act, s 61 (1) and s 72AA (2)	act of indecency without consent (child under 10 years old) (aggravated offence—involving family violence)
63	Crimes Act, s 61 (2)	act of indecency without consent (child under 16 years)	offence other than within young adult relationship
64	Crimes Act, s 61 (2) and s 72AA (2)	act of indecency without consent (child under 16 years) (aggravated offence—involving family violence)	offence other than within young adult relationship
65	Crimes Act, s 61A	act of indecency with young person under special care
66	Crimes Act, s 62 (1)	incest (under 10 years)
67	Crimes Act, s 62 (2)	incest (under 16 years)	offence against child under 13 years
68	Crimes Act, s 64 (1)	use etc child under 12 years for production of child exploitation material
69	Crimes Act, s 64 (1) and s 72AA (2)	use etc child under 12 years for production of child exploitation material (aggravated offence—involving family violence)
70	Crimes Act, s 64 (3)	use etc child 12 years or older for production of child exploitation material
71	Crimes Act, s 64 (3) and s 72AA (2)	use etc child 12 years or older for production of child exploitation material (aggravated offence—involving family violence)
72	Crimes Act, s 64A	trade in child exploitation material
73	Crimes Act, s 64A and s 72AA (2)	trade in child exploitation material (aggravated offence—involving family violence)
74	Crimes Act, s 65	possess child exploitation material
75	Crimes Act, s 65 and s 72AA (2)	possess child exploitation material (aggravated offence—involving family violence)
76	Crimes Act, s 66 (1) (a)	grooming—encourage young person to commit etc act of sexual nature
77	Crimes Act, s 66 (1) (a) and s 72AA (2)	grooming—encourage young person to commit etc act of sexual nature (aggravated offence—involving family violence)
78	Crimes Act, s 66 (1) (b)	grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature
79	Crimes Act, s 66 (1) (b) and s 72AA (2)	grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature (aggravated offence—involving family violence)
80	Crimes Act, s 66 (1) (c)	grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature
81	Crimes Act, s 66 (1) (c) and s 72AA (2)	grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature (aggravated offence—involving family violence)
82	Crimes Act, s 79 (1)	sexual servitude—cause person to enter or remain in	offence against vulnerable person
83	Crimes Act, s 79 (2)	sexual servitude—conduct business involving	offence against vulnerable person
84	Crimes Act, s 80	deceptive recruiting for sexual services	offence against vulnerable person
85	Sex Work Act, s 20	cause child to provide commercial sexual services etc
Abduction, harassment and related offences
86	Crimes Act, s 37	abduction of young person	offence against child other than family member
87	Crimes Act, s 38	kidnapping	offence against child other than family member
88	Crimes Act, s 40	unlawfully take child etc	offence against child other than family member
89	Crimes Act, s 63	abduction	offence against vulnerable person
Public order offences
90	Crimes Act, s 63A	bestiality

Part 3.3Class B disqualifying offences

column 1 item	column 2 offence	column 3 short description	column 4 condition
Homicide and related offences
1	Crimes Act, s 15	manslaughter
2	Crimes Act, s 15 and s 48A (2)	manslaughter (aggravated offence—against pregnant woman)
3	Crimes Act, s 15 and s 48C (2)	manslaughter (aggravated offence—involving family violence)
4	Crimes Act, s 17 (1)	suicide—aids or abets
5	Crimes Act, s 17 (2)	suicide—incites or counsels
6	Crimes Act, s 29 (2)	culpable driving of motor vehicle—cause death	without intent to cause death
7	Crimes Act, s 29 (2) and s 48A (2)	culpable driving of motor vehicle—cause death (aggravated offence—against pregnant woman)	without intent to cause death
8	Crimes Act, s 29 (2) and s 48C (2)	culpable driving of motor vehicle—cause death (aggravated offence—involving family violence)	without intent to cause death
9	Crimes Act, s 42	child destruction
10	Road Transport (Safety and Traffic Management) Act, s 6 (1)	drive motor vehicle negligently	causes death
Acts intended to cause injury
11	Crimes Act, s 19	intentionally inflict grievous bodily harm	offence other than against vulnerable person
12	Crimes Act, s 19 and s 48A (2)	intentionally inflict grievous bodily harm (aggravated offence—against pregnant woman)	offence other than against vulnerable person
13	Crimes Act, s 19 and s 48C (2)	intentionally inflict grievous bodily harm (aggravated offence—involving family violence)	offence other than against vulnerable person
14	Crimes Act, s 20	recklessly inflict grievous bodily harm	offence other than against vulnerable person
15	Crimes Act, s 20 and s 48A (2)	recklessly inflict grievous bodily harm (aggravated offence—against pregnant woman)	offence other than against vulnerable person
16	Crimes Act, s 20 and s 48C (2)	recklessly inflict grievous bodily harm (aggravated offence—involving family violence)	offence other than against vulnerable person
17	Crimes Act, s 21	wounding	offence other than against vulnerable person
18	Crimes Act, s 21 and s 48A (2)	wounding (aggravated offence—against pregnant woman)	offence other than against vulnerable person
19	Crimes Act, s 21 and s 48C (2)	wounding (aggravated offence—involving family violence)	offence other than against vulnerable person
20	Crimes Act, s 22	assault with intent to commit other offence	offence other than against vulnerable person
21	Crimes Act, s 23	inflict actual bodily harm	offence other than against vulnerable person
22	Crimes Act, s 23 and s 48A (2)	inflict actual bodily harm (aggravated offence—against pregnant woman)	offence other than against vulnerable person
23	Crimes Act, s 23 and s 48C (2)	inflict actual bodily harm (aggravated offence—involving family violence)	offence other than against vulnerable person
24	Crimes Act, s 24	assault occasioning actual bodily harm	offence other than against vulnerable person
25	Crimes Act, s 24 and s 48A (2)	assault occasioning actual bodily harm (aggravated offence—against pregnant woman)	offence other than against vulnerable person
26	Crimes Act, s 24 and s 48C (2)	assault occasioning actual bodily harm (aggravated offence—involving family violence)	offence other than against vulnerable person
27	Crimes Act, s 25	cause grievous bodily harm	offence other than against vulnerable person
28	Crimes Act, s 27 (3) (a)	acts endangering life—chokes, suffocates or strangles	offence other than against vulnerable person
29	Crimes Act, s 27 (3) (a) and s 48C (2)	acts endangering life—chokes, suffocates or strangles (aggravated offence—involving family violence)	offence other than against vulnerable person
30	Crimes Act, s 27 (3) (b)	acts endangering life—administer stupefying or overpowering drug	offence other than against vulnerable person
31	Crimes Act, s 27 (3) (b) and s 48C (2)	acts endangering life—administer stupefying or overpowering drug (aggravated offence—involving family violence)	offence other than against vulnerable person
32	Crimes Act, s 27 (3) (c)	acts endangering life—use offensive weapon	offence other than against vulnerable person
33	Crimes Act, s 27 (3) (c) and s 48C (2)	acts endangering life—use offensive weapon (aggravated offence—involving family violence)	offence other than against vulnerable person
34	Crimes Act, s 27 (3) (e)	acts endangering life—cause explosion etc	offence other than against vulnerable person
35	Crimes Act, s 27 (3) (e) and s 48C (2)	acts endangering life—cause explosion etc (aggravated offence—involving family violence)	offence other than against vulnerable person
36	Crimes Act, s 27 (3) (f)	acts endangering life—set trap	offence other than against vulnerable person
37	Crimes Act, s 27 (3) (f) and s 48C (2)	acts endangering life—set trap (aggravated offence—involving family violence)	offence other than against vulnerable person
38	Crimes Act, s 27 (3) (g)	acts endangering life—interfere with conveyance, transport facility or public utility service	offence other than against vulnerable person
39	Crimes Act, s 27 (3) (g) and s 48C (2)	acts endangering life—interfere with conveyance, transport facility or public utility service (aggravated offence—involving family violence)	offence other than against vulnerable person
40	Crimes Act, s 36	torture	offence other than against vulnerable person
41	Crimes Act, s 74	prohibition of female genital mutilation	offence other than against vulnerable person
Sexual assault and related offences
42	Crimes Act, s 51	sexual assault in first degree	offence other than against vulnerable person
43	Crimes Act, s 51 and s 72AA (2)	sexual assault in first degree (aggravated offence—involving family violence)	offence other than against vulnerable person
44	Crimes Act, s 52	sexual assault in second degree	offence other than against vulnerable person
45	Crimes Act, s 52 and s 72AA (2)	sexual assault in second degree (aggravated offence—involving family violence)	offence other than against vulnerable person
46	Crimes Act, s 53	sexual assault in third degree	offence other than against vulnerable person
47	Crimes Act, s 53 and s 72AA (2)	sexual assault in third degree (aggravated offence—involving family violence)	offence other than against vulnerable person
48	Crimes Act, s 54	sexual intercourse without consent	offence other than against vulnerable person
49	Crimes Act, s 54 and s 72AA (2)	sexual intercourse without consent (aggravated offence—involving family violence)	offence other than against vulnerable person
50	Crimes Act, s 55 (2)	sexual intercourse with young person (under 16 years old)	offence within young adult relationship
51	Crimes Act, s 55 (2) and s 72AA (2)	sexual intercourse with young person (under 16 years old) (aggravated offence—involving family violence)	offence within young adult relationship
52	Crimes Act, s 57	act of indecency in first degree	offence other than against vulnerable person
53	Crimes Act, s 57 and s 72AA (2)	act of indecency in first degree (aggravated offence—involving family violence)	offence other than against vulnerable person
54	Crimes Act, s 58	act of indecency in second degree	offence other than against vulnerable person
55	Crimes Act, s 58 and s 72AA (2)	act of indecency in second degree (aggravated offence—involving family violence)	offence other than against vulnerable person
56	Crimes Act, s 59	act of indecency in third degree	offence other than against vulnerable person
57	Crimes Act, s 59 and s 72AA (2)	act of indecency in third degree (aggravated offence—involving family violence)	offence other than against vulnerable person
58	Crimes Act, s 60	act of indecency without consent	offence other than against vulnerable person
59	Crimes Act, s 60 and s 72AA (2)	act of indecency without consent (aggravated offence—involving family violence)	offence other than against vulnerable person
60	Crimes Act, s 61 (2)	act of indecency without consent (child under 16 years)	offence within young adult relationship
61	Crimes Act, s 61 (2) and s 72AA (2)	act of indecency without consent (child under 16 years) (aggravated offence—involving family violence)	offence within young adult relationship
62	Crimes Act, s 61B (1)	observe with device or capture visual data—other person	offence against vulnerable person
63	Crimes Act, s 61B (1) and s 72AA (2)	observe with device or capture visual data—other person (aggravated offence—involving family violence)	offence against vulnerable person
64	Crimes Act, s 61B (5)	observe with device or capture visual data—other person’s genital/ anal region or breasts	offence against vulnerable person
65	Crimes Act, s 61B (5) and s 72AA (2)	observe with device or capture visual data—other person’s genital/ anal region or breasts (aggravated offence—involving family violence)	offence against vulnerable person
66	Crimes Act, s 62 (2)	incest (under 16 years)	offence against child 13 years or older
67	Crimes Act, s 62 (3)	incest (16 years or older)	offence other than against vulnerable person
68	Crimes Act, s 72C	non-consensual distribution of intimate images	offence against vulnerable person
69	Crimes Act, s 72C and s 72EA (2)	non-consensual distribution of intimate images (aggravated offence—involving family violence)	offence against vulnerable person
70	Crimes Act, s 72D	Distribution of intimate image of young person
71	Crimes Act, s 72D and s 72EA (2)	Distribution of intimate image of young person (aggravated offence—involving family violence)
72	Crimes Act, s 79 (1)	sexual servitude—cause person to enter or remain in	offence other than against vulnerable person
73	Crimes Act, s 79 (2)	sexual servitude—conduct business involving	offence other than against vulnerable person
74	Crimes Act, s 80	deceptive recruiting for sexual services	offence other than against vulnerable person
Dangerous or negligent acts endangering others
75	Crimes Act, s 39	neglect etc of children
76	Crimes Act, s 41	expose or abandon child
Abduction, harassment and related offences
77	Crimes Act, s 38	kidnapping	offence against child family member or person other than a vulnerable person
78	Crimes Act, s 63	abduction	offence against child family member or person other than a vulnerable person
Fraud, deception and related offences
79	Criminal Code, s 326	obtain property by deception	offence against vulnerable person
80	Criminal Code, s 332	obtain financial advantage by deception	offence against vulnerable person
81	Criminal Code, s 333	general dishonesty
82	Criminal Code, s 334	conspiracy to defraud	offence against vulnerable person
83	Criminal Code, s 336	pass valueless cheques	offence against vulnerable person
84	Criminal Code, s 336A	make false statements on oath or in statutory declarations
85	Criminal Code, s 337	make false or misleading statements
86	Criminal Code, s 338	give false or misleading information	offence against vulnerable person
87	Criminal Code, s 339	produce false or misleading documents	offence against vulnerable person
88	Criminal Code, s 346	forgery	offence against vulnerable person
89	Criminal Code, s 347	use false document	offence against vulnerable person
90	Criminal Code, s 348	possess false document	offence against vulnerable person
91	Criminal Code, s 351	false statement by officer of body
Illicit drug offences
92	Criminal Code, s 603 (1)	traffic controlled drug—large commercial quantity
93	Criminal Code, s 603 (3)	traffic controlled drug—commercial quantity
94	Criminal Code, s 603 (5)	traffic controlled drug—trafficable quantity of cannabis
95	Criminal Code, s 603 (7)	traffic controlled drug—controlled drug other than cannabis
96	Criminal Code, s 603 (8)	traffic controlled drug—cannabis
97	Criminal Code, s 607 (1)	manufacture controlled drug to sell—large commercial quantity
98	Criminal Code, s 607 (3)	manufacture controlled drug to sell—commercial quantity
99	Criminal Code, s 607 (5)	manufacture controlled drug to sell
100	Criminal Code, s 609	manufacture controlled drug
101	Criminal Code, s 610 (1)	sell controlled precursor—large commercial quantity
102	Criminal Code, s 610 (3)	sell controlled precursor—commercial quantity
103	Criminal Code, s 610 (5)	sell controlled precursor for manufacture
104	Criminal Code, s 611 (1)	manufacture controlled precursor—large commercial quantity
105	Criminal Code, s 611 (3)	manufacture controlled precursor to sell—large commercial quantity
106	Criminal Code, s 611 (5)	manufacture controlled precursor—commercial quantity
107	Criminal Code, s 611 (7)	manufacture controlled precursor to sell—commercial quantity
108	Criminal Code, s 611 (9)	manufacture controlled precursor
109	Criminal Code, s 611 (10)	manufacture controlled precursor to sell
110	Criminal Code, s 612 (1)	possess controlled precursor—large commercial quantity
111	Criminal Code, s 612 (3)	possess controlled precursor—commercial quantity
112	Criminal Code, s 612 (5)	possess controlled precursor
113	Criminal Code, s 613 (1)	supply substance, equipment or document for drug manufacture
114	Criminal Code, s 613 (2)	possess substance, equipment or document to supply for drug manufacture
115	Criminal Code, s 614	possess substance, equipment or document for drug manufacture
116	Criminal Code, s 616 (1)	cultivate controlled plant to sell—large commercial quantity
117	Criminal Code, s 616 (3)	cultivate controlled plant to sell—commercial quantity
118	Criminal Code, s 616 (5)	cultivate controlled plant to sell—trafficable quantity
119	Criminal Code, s 616 (7)	cultivate other controlled plant to sell
120	Criminal Code, s 616 (8)	cultivate cannabis plant to sell
121	Criminal Code, s 618 (1)	cultivate controlled plant other than cannabis plant
122	Criminal Code, s 619 (1)	sell controlled plant—large commercial quantity
123	Criminal Code, s 619 (3)	sell controlled plant—commercial quantity
124	Criminal Code, s 619 (5)	sell controlled plant—trafficable quantity of cannabis plant
125	Criminal Code, s 619 (7)	sell controlled plant—controlled plant other than cannabis plant
126	Criminal Code, s 619 (8)	sell controlled plant—cannabis plant
127	Criminal Code, s 620 (1)	supply controlled plant, product, equipment or document—cultivation
128	Criminal Code, s 620 (2)	possess controlled plant, product, equipment or document—intent to supply to another
129	Criminal Code, s 621	possess controlled plant, product, equipment or document—cultivation
130	Criminal Code, s 622 (1)	supply controlled drug to child for selling—commercial quantity
131	Criminal Code, s 622 (3)	supply controlled drug to child for selling
132	Criminal Code, s 624 (1)	procure child to traffic in controlled drug—commercial quantity
133	Criminal Code, s 624 (4)	procure child to traffic in controlled drug
134	Criminal Code, s 625	supply controlled drug to child
135	Drugs of Dependence Act, s 164 (2)	sell or supply drug of dependence
136	Drugs of Dependence Act, s 164 (3)	sell or supply prohibited substance
Public order offences
137	Animal Welfare Act, s 7A	aggravated cruelty

Schedule 1Consequential amendments

(see s 3)

Part 1.1Children and Young People Act 2008
[1.1]Section 246, definition of privileged, paragraph (b)
substitute
(b)it includes a protected confidence under the Evidence (Miscellaneous Provisions) Act 1991, division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications).

Part 1.2Crimes (Child Sex Offenders) Act 2005
[1.2]Schedule 1, part 1.1, item 12
substitute

Crimes Act 1900, section 56 (1)

persistent sexual abuse of child or young person under special care

Part 1.3Evidence Act 2011
[1.3]Section 126F (3), except note
substitute
(3)This division does not apply in relation to a protected confidence within the meaning of the Evidence (Miscellaneous Provisions) Act 1991, division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications).

Part 1.4Sex Work Act 1992
[1.4]Schedule 1, item 16
substitute

persistent sexual abuse of child or young person under special care

Part 1.5Supreme Court Act 1933
[1.5]Schedule 2, part 2.2, item 12
substitute

Crimes Act

persistent sexual abuse of child or young person under special care

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 10 February 2022.
Notification
Notified under the Legislation Act on 10 August 2022.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Family Violence Legislation Amendment Bill 2022, which was passed by the Legislative Assembly on 3 August 2022.
Clerk of the Legislative Assembly
© Australian Capital Territory 2022