Victims of Family Violence (Strengthening Legal Protections) Legislation Bill - Amendment paper No 053
Victims of Family Violence (Strengthening Legal Protections) Legislation Bill - Amendment paper No 053
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Victims of Family Violence (Strengthening Legal Protections) Legislation Bill - Amendment paper No 053
No 53
House of Representatives
Amendment Paper
Victims of Family Violence (Strengthening Legal Protections) Legislation Bill
Proposed amendments
Hon Paul Goldsmith, in Committee, to move the following amendments:
Clause 5: new section 12B
In clause 5, replace new section 12B(4)(ba) (page 4, lines 35 to 39) with:
(ba)
the party’s conduct outside of proceedings that is intended to annoy, harass, or harm, or that amounts to psychological abuse of, any other party to the proceeding or the related proceedings; and
In clause 5, new section 12B(8), definition of litigant abuse, paragraph (a), delete “(as defined in section 11 of the Family Violence Act 2018)”
(page 5, lines 20 and 21).
In clause 5, new section 12B(8), after the definition of litigant abuse (page 5, after line 24), insert:
psychological abuse has the same meaning as in section 11 of the Family Violence Act 2018
Clause 11: new section 216A
In clause 11, replace new section 216A(5)(ba) (page 7, lines 29 to 33) with:
(ba)
the party’s conduct outside of proceedings that is intended to annoy, harass, or harm, or that amounts to psychological abuse of, any other party to the proceeding or the related proceedings; and
In clause 11, new section 216A(9), definition of litigant abuse, paragraph (a), delete “(as defined in section 11 of the Family Violence Act 2018)”
(page 8, lines 14 and 15).
In clause 11, new section 216A(9), after the definition of litigant abuse (page 8, after line 18), insert:
psychological abuse has the same meaning as in section 11 of the Family Violence Act 2018
Clause 15: new section 169A
In clause 15, replace new section 169A(3)(ba) (page 10, lines 10 to 14) with:
(ba)
the party’s conduct outside of proceedings that is intended to annoy, harass, or harm, or that amounts to psychological abuse of, any other party to the proceeding or the related proceedings; and
In clause 15, new section 169A(7), definition of litigant abuse, paragraph (a), delete “(as defined in section 11 of the Family Violence Act 2018)”
(page 10, lines 37 and 38).
In clause 15, new section 169A(7), after the definition of proceeding, (page 11, after line 7), insert:
psychological abuse has the same meaning as in section 11 of the Family Violence Act 2018
Explanatory note
This Amendment Paper makes minor and technical drafting changes to the Victims of Family Violence (Strengthening Legal Protections) Legislation Bill (the Bill) to clarify that a Judge must, when considering whether to restrict a party to proceedings from commencing or continuing proceedings under specified Acts, have regard to the party’s conduct outside of proceedings that is intended to annoy, harass, or harm any other party to the proceeding or related proceedings. This aligns with the existing language used in the Bill in relation to conduct outside of the proceedings that amounts to psychological abuse.
The Amendment Paper makes 3 identical sets of amendments to the following:
new section 12B(4)(ba) and (8) of the Family Court Act 1980 (as inserted by clause 5):
new section 216A(5)(ba) and (9) of the District Court Act 2016 (as inserted by clause 11):
new section 169A(3)(ba) and (7) of the Senior Courts Act 2016 (as inserted by clause 15).
Departmental disclosure statement
The Ministry of Justice considers that a departmental disclosure statement is not required to be prepared for this Amendment Paper.
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Victims of Family Violence (Strengthening Legal Protections) Legislation Bill - Amendment paper No 053
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