NCJ Number
226116
Date Published
December 2007
Length
86 pages
Annotation
This second volume of the Queensland Law Reform Commission’s review of Queensland’s Peace and Good Behaviour Act 1982 discusses “miscellaneous issues” in constructing the Commission‘s proposed new legislation to replace the Peace and Good Behaviour Act 1982.
Abstract
The Commission’s proposed bill for replacing the Peace and Good Behaviour Act 1982 is entitled the Personal Protection Bill 2007. The proposed legislation is intended to provide for more detailed and comprehensive procedures and mechanisms for addressing breaches of the peace than is possible under the Peace and Good Behaviour Act 1982. One of the issues for inclusion in the new legislation is the circumstance in which an alleged breach of the peace involves many people, such as a dispute between neighboring families; therefore, the Commission proposes a mechanism in the new legislation that allows for joint respondents as applicants for a protection order. Other issues addressed in this volume are the circumstance of children as respondents in a claim for protection and the ability of the court to inform the adult guardian of matters of concern. Other issues addressed in the crafting of the new legislation are the entitlement of persons to appear at a hearing regarding an application for a protection order, provisions regarding the issue of warrants and the application of the Queensland Bail Act 1980, and notice of applications and orders to the Commissioner of Police and the maintenance of a searchable database of protection orders. Also addressed in this volume is the relationship of the Personal Protection Bill 2007 to Queensland’s Domestic and Family Violence Protection Act 1989. Remaining issues considered are the conferring of jurisdiction on the court, the court’s ability to award costs, and filing fees. Appended terms of reference for the Commission’s review, list of submissions, and the proposed Personal Protection Bill 2007