NCJ Number
226115
Date Published
December 2007
Length
536 pages
Annotation
This is the first of two volumes of the Queensland Law Reform Commission’s (Australia) report on its review of Queensland’s Peace and Good Behaviour Act 1982, which permits a magistrate to grant to a person (the complainant) an order requiring another person (the defendant) to “keep the peace and be of good behaviour” for a period of time specified in the order, as well as to comply with any other conditions imposed by the order.
Abstract
Under the terms of the Commission’s review, it considered whether this law provides an appropriate, easily accessible, and effective mechanism for protecting the community from breaches of the peace. If the Commission determines that the law fails to provide the community with appropriate, easily accessible, and effective protection from “breaches of the peace,” it has also been asked to consider whether such a goal could be achieved by changes to the existing mechanism or whether a new mechanism should be established. This volume provides background information related to four primary issues addressed in the review. One issue is the kind of conduct covered by the Peace and Good Behaviour Act 1982. A second issue is the complexity of the process for obtaining an order. A third issue is whether the existence of a filing fee deters people from seeking an order; and a fourth issue is the enforcement of orders made under the Act. After considering these issues, the Commission recommends that the Act be repealed and replaced with new legislation. The new legislation would be called the Personal Protection Act and would generally provide for more detailed and comprehensive procedures and mechanisms for addressing breaches of the peace.