Domestic Violence Orders (National Recognition) Bill 2016

Wednesday 22 June 2016 @ 10.44 a.m. | Crime

Tasmania has introduced the Domestic Violence Orders (National Recognition) Bill 2016 into its Parliament (Legislative Assembly - 16 June 2016) as part of the national effort to provide a framework for automatic recognition and enforcement of domestic violence orders across all Australian jurisdictions. The effort has already been assented into law by New South Wales. Tasmania will be the second Australian State to introduce a bill of this nature.

Amendments in the Bill

The scheme is a result of the Council of Australian Government’s agreement in April 2015 to recognise domestic violence orders across state borders. The proposed provisions of the Tasmanian bill will provide for a seamless national recognition and enforcement scheme that will see better protection for victims of domestic violence across all Australian borders. Like its New South Wales counterpart, the bill will essentially remove the need for individuals to negotiate the varied cross-jurisdictional mutual recognition processes that was required to manually register a domestic violence order in a new jurisdiction.

According to the explanatory memorandum to the bill, the Tasmanian bill was drafted in accordance with four principles:

  • Firstly, that any DVO made in Australia or any New Zealand DVO registered anywhere in Australia is nationally recognisable and enforceable;
  • Secondly, DVOs can be amended in any jurisdiction (but only by an appropriate court);
  • Thirdly, if a DVO made in one jurisdiction is in force, a new order can (if necessary) be made in another jurisdiction, but only by a court; and
  • Fourthly, the latest DVO in time prevails.

Background to the COAG Scheme

In April 2015, COAG agreed to take urgent action to address the unacceptable level of violence against women and consequently committed to developing a National Violence Order Scheme. At the following December 2015 COAG meeting, a set of model laws were adopted to hold perpetrators of domestic violence accountable across all Australian jurisdictions.

In his second reading speech, Tasmanian Minister Bill Hodgman said:

“Tasmania is playing its part in the national effort to protect victims of family and domestic violence throughout the nation. A national recognition scheme will ensure that those people affected by family or domestic violence can access the protection they need and deserve, regardless of where they live in Australia.”

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Sources:

 Domestic Violence Orders (National Recognition) Bill 2016, Bill, Second Reading Speech, and Explanatory Memorandum as published on LawOne

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