NCJ Number
210091
Date Published
March 2005
Length
120 pages
Annotation
This study examined the impact of Queensland's (Australia) Peace and Good Behavior Act 1982, which permits a magistrate to grant to a person (the complainant) an order that requires another person (the defendant) to "keep the peace and be of good behavior" for a period of time specified in the order, as well as comply with any other conditions specified in the order.
Abstract
At its passage, the act was intended to create a means of preventing a variety of disturbances that involve actual or threatened violence, such as domestic disturbances, disputes between neighbors, and child abuse. This review of the act's implementation sought information from a number of individuals and organizations with experience in the act's operation, including the chief magistrate, the commissioner of police, Legal Aid Queensland, the Caston Legal Center, the Justice of the Peace Branch of the Justice Department, the Justice Department's Dispute Resolution Branch, and various other legal organizations. This report does not contain the Law Reform Commission's final views on any of the issues raised; rather, it has been published with the intent of inviting further submissions before developing recommendations. After a chapter on the historical background and provisions of the act, a chapter addresses who can apply for an order as well as similar legislation in other Australian jurisdictions. This is followed by a chapter on grounds for obtaining an order. Other chapters focus on making an application, the role of mediation, how an application is processed, the terms of the order, and the enforcement of orders. The concluding chapter on "miscellaneous issues" considers costs, who can be protected by an order, the duration and variation of orders, and the act's relationship to the Domestic and Family Violence Protection Act 1989. Appended terms of reference for this review