Australian Capital Territory Numbered Acts

FAMILY AND PERSONAL VIOLENCE LEGISLATION AMENDMENT ACT 2017 (NO. 10 OF 2017) - SECT 27

insert

60A     Notice of grounds of defence

    (1)     A respondent in a proceeding for an application for a protection order may file a notice of grounds of defence at any time before the end of the proceeding.

Note     If a form is approved under the Court Procedures Act 2004

, s 8 for this provision, the form must be used.

    (2)     The registrar must serve the notice of grounds of defence on—

        (a)     the applicant; and

        (b)     anyone else the registrar is satisfied has a relevant interest in the proceeding.

Example

a parent or guardian of a child who is an applicant if the parent or guardian does not live with the child

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     The respondent does not waive any objection the respondent may have on the grounds of lack of jurisdiction in the court to decide the proceeding only because the respondent files a notice of grounds of defence.

60B     Applicant may rely on additional information in hearing

An applicant for a protection order may in a hearing of an application for a protection order—

        (a)     rely on information other than information stated in the application; and

        (b)     present additional information to support the application.

60C     If child and child's parent are affected people

If a child and the child's parent are an affected person in relation to the same or similar family violence by a respondent in a proceeding—

        (a)     if an application for a protection order by the child is included in an application for a protection order by the child's parent under section 16A—the court may hear the application of the child and the child's parent separately; or

        (b)     if the child is not a party to the proceeding—the court may join the child in the proceeding.

60D     Children as witnesses

    (1)     A child, other than a child who is party to a proceeding, may be called as a witness in the proceeding only with the court's leave.

    (2)     In deciding whether to give leave, the court must consider—

        (a)     the need to protect the child from unnecessary exposure to the court system; and

        (b)     the harm that could be done to the child and the child's relationship with a family member if the child gives evidence.

    (3)     If the court gives leave, the court may restrict cross-examination of the child if satisfied that it is in the best interests of the child to do so.