❓ Hon Giz Watson asks the Attorney General about amending the Restraining Orders Act 1997 to address statutory interpretation issues and implement a recommendation from a 2008 review. The Attorney General is analysing the issues and will consider amendments if necessary.
AnsweredQoN 874Legislative Council
QuestionView source ↗
RESTRAINING
ORDERS ACT 1997
874. Hon GIZ WATSON to the Attorney General:
(1) Will the Attorney General introduce legislation amending
the Restraining Orders Act 1997 —
(a) to resolve
the statutory interpretation issue that has arisen regarding section 25(3),
which has resulted in some magistrates requiring applicants who seek a
restraining order to protect both themselves and their children to apply
separately to both the Magistrates Court and the Children's Court; and
(b) to
implement recommendation 8 of the 2008 review of part 2, division 3A of the
act, which provides for a final violence restraining order to be made upon
conviction of a domestic violence offence if required by the victim?
(2) If yes to (l)(a) and/or (b), when?
(3) If no to (l)(a) and/or (b), why not?
ORDERS ACT 1997
874. Hon GIZ WATSON to the Attorney General:
(1) Will the Attorney General introduce legislation amending
the Restraining Orders Act 1997 —
(a) to resolve
the statutory interpretation issue that has arisen regarding section 25(3),
which has resulted in some magistrates requiring applicants who seek a
restraining order to protect both themselves and their children to apply
separately to both the Magistrates Court and the Children's Court; and
(b) to
implement recommendation 8 of the 2008 review of part 2, division 3A of the
act, which provides for a final violence restraining order to be made upon
conviction of a domestic violence offence if required by the victim?
(2) If yes to (l)(a) and/or (b), when?
(3) If no to (l)(a) and/or (b), why not?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1) (a) It was
not the intention of the government that the recent amendments to the
Restraining Orders Act 1997 would preclude a parent who is seeking a violence
restraining order in the Magistrates Court from having a child or children
joined on the order through the provisions of section 68. The circumstances in
which some magistrates who require applicants who seek a restraining order to
protect both themselves and their children to apply separately to both the
Magistrates Court and the Children's Court are not clear. Accordingly,
the Department of the Attorney General is undertaking an analysis into whether
there is a need for legislative amendment or whether any administrative
arrangements are required.
(b) Recommendation
8 of the 2008 review was not included in the recent amendments to the act on
the basis that the act already contained a mandatory requirement for the court
to issue a lifetime VRO under section 63A in cases of ''violent personal
offences'' and also that, under section 63, a VRO could be made any time
during criminal proceedings for other offences. In some cases it appears VROs
are not being granted under section 63 when they are warranted. There may be a
number of contributing factors unique to specific cases that require further
analysis.
(2) If
analysis of the circumstances surrounding section 25(3) and/or section 63
suggests that amendments are necessary, the amending legislation will be introduced.
(3) See above.
question.
(1) (a) It was
not the intention of the government that the recent amendments to the
Restraining Orders Act 1997 would preclude a parent who is seeking a violence
restraining order in the Magistrates Court from having a child or children
joined on the order through the provisions of section 68. The circumstances in
which some magistrates who require applicants who seek a restraining order to
protect both themselves and their children to apply separately to both the
Magistrates Court and the Children's Court are not clear. Accordingly,
the Department of the Attorney General is undertaking an analysis into whether
there is a need for legislative amendment or whether any administrative
arrangements are required.
(b) Recommendation
8 of the 2008 review was not included in the recent amendments to the act on
the basis that the act already contained a mandatory requirement for the court
to issue a lifetime VRO under section 63A in cases of ''violent personal
offences'' and also that, under section 63, a VRO could be made any time
during criminal proceedings for other offences. In some cases it appears VROs
are not being granted under section 63 when they are warranted. There may be a
number of contributing factors unique to specific cases that require further
analysis.
(2) If
analysis of the circumstances surrounding section 25(3) and/or section 63
suggests that amendments are necessary, the amending legislation will be introduced.
(3) See above.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.