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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Laws (Domestic Violence) Amendment
Bill 2016
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Criminal Procedure
Act 2004 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 132 amended 3
6. Schedule 1 clause 8A inserted 4
8A. Prosecution notice or indictment may state
that the offence charged is also domestic
violence offence 4
Part 3 -- Evidence Act 1906 amended
7. Act amended 5
8. Section 106A amended 5
9. Section 106R amended 5
Part 4 -- Restraining Orders Act 1997
amended
10. Act amended 7
11. Section 61 amended 7
12. Section 61A amended 7
Part 5 -- Sentencing Act 1995
amended
13. Act amended 8
196--1 page i
Criminal Laws (Domestic Violence) Amendment Bill 2016
Contents
14. Section 4 amended 8
15. Section 9AB inserted 8
9AB. Convictions for domestic violence
offences 8
16. Section 148 amended 10
Part 6 -- The Criminal Code
amended
17. Act amended 11
18. Section 281 amended 11
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mark McGowan MLA)
Criminal Laws (Domestic Violence) Amendment
Bill 2016
A Bill for
An Act to amend the Criminal Procedure Act 2004, the Evidence
Act 1906, the Restraining Orders Act 1997, the Sentencing Act 1995
and The Criminal Code.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Laws (Domestic Violence) Amendment Bill 2016
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Criminal Laws (Domestic Violence) Amendment
4 Act 2016.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Criminal Laws (Domestic Violence) Amendment Bill 2016
Criminal Procedure Act 2004 amended Part 2
s. 3
1 Part 2 -- Criminal Procedure Act 2004 amended
2 3. Act amended
3 This Part amends the Criminal Procedure Act 2004.
4 4. Section 3 amended
5 In section 3(1) insert in alphabetical order:
6
7 domestic violence offence means an offence against an
8 Act, other than the Restraining Orders Act 1997,
9 committed by a person where the act done, or omission
10 made, which constitutes the offence is also --
11 (a) an act of family and domestic violence as
12 defined in the Restraining Orders Act 1997
13 section 6(1), committed by the person; or
14 (b) a contravention of the Restraining Orders
15 Act 1997 section 61(1);
16
17 5. Section 132 amended
18 After section 132(6) insert:
19
20 (6A) Without limiting subsection (6), if the court considers
21 the offence charged in the prosecution notice or
22 indictment is also a domestic violence offence, the
23 court may, for the purposes of the Sentencing Act 1995
24 section 9AB, order that the prosecution notice or
25 indictment be amended to state that the offence is also
26 a domestic violence offence.
27
page 3
Criminal Laws (Domestic Violence) Amendment Bill 2016
Part 2 Criminal Procedure Act 2004 amended
s. 6
1 6. Schedule 1 clause 8A inserted
2 At the end of Schedule 1 Division 2 insert:
3
4 8A. Prosecution notice or indictment may state that the
5 offence charged is also domestic violence offence
6 For the purposes of the Sentencing Act 1995 section 9AB, a
7 prosecution notice or indictment for a charge alleging an
8 offence may state the offence is also a domestic violence
9 offence.
10
page 4
Criminal Laws (Domestic Violence) Amendment Bill 2016
Evidence Act 1906 amended Part 3
s. 7
1 Part 3 -- Evidence Act 1906 amended
2 7. Act amended
3 This Part amends the Evidence Act 1906.
4 8. Section 106A amended
5 (1) In section 106A insert in alphabetical order:
6
7 domestic violence offence means an offence against an
8 Act, other than the Restraining Orders Act 1997,
9 committed by a person where the act done, or omission
10 made, which constitutes the offence is also --
11 (a) an act of family and domestic violence as
12 defined in the Restraining Orders Act 1997
13 section 6(1), committed by the person; or
14 (b) a contravention of the Restraining Orders
15 Act 1997 section 61(1);
16
17 (2) In section 106A in the definition of victim delete "offence or a
18 criminal organisation" and insert:
19
20 offence, criminal organisation offence or domestic violence
21
22 9. Section 106R amended
23 After section 106R(3B) insert:
24
25 (3C) Despite subsection (3), in any proceeding for a
26 domestic violence offence an order must be made
27 under subsection (1) in respect of any person who is a
28 victim of the offence or a witness for the prosecution
29 unless the court is satisfied --
30 (a) that subsection (3) does not apply to the person;
31 and
page 5
Criminal Laws (Domestic Violence) Amendment Bill 2016
Part 3 Evidence Act 1906 amended
s. 9
1 (b) that the person does not wish to be declared to
2 be a special witness.
3
page 6
Criminal Laws (Domestic Violence) Amendment Bill 2016
Restraining Orders Act 1997 amended Part 4
s. 10
1 Part 4 -- Restraining Orders Act 1997 amended
2 10. Act amended
3 This Part amends the Restraining Orders Act 1997.
4 11. Section 61 amended
5 (1) In section 61(1) delete "an offence." and insert:
6
7 a crime.
8
9 (2) In section 61(1) delete the Penalty and insert:
10
11 Penalty for this subsection: imprisonment for 3 years.
12
13 (3) In section 61(2) delete the Penalty and insert:
14
15 Penalty for this subsection: imprisonment for 6 months.
16
17 (4) In section 61(2a) delete "an offence." and insert:
18
19 a crime.
20
21 (5) In section 61(2a) delete the Penalty and insert:
22
23 Penalty for this subsection: imprisonment for 3 years.
24
25 12. Section 61A amended
26 In section 61A(2)(b) delete "2 offences" and insert:
27
28 one offence
29
page 7
Criminal Laws (Domestic Violence) Amendment Bill 2016
Part 5 Sentencing Act 1995 amended
s. 13
1 Part 5 -- Sentencing Act 1995 amended
2 13. Act amended
3 This Part amends the Sentencing Act 1995.
4 14. Section 4 amended
5 In section 4(1) insert in alphabetical order:
6
7 domestic violence offence means an offence against an
8 Act, other than the Restraining Orders Act 1997,
9 committed by a person where the act done, or omission
10 made, which constitutes the offence is also --
11 (a) an act of family and domestic violence as
12 defined in the Restraining Orders Act 1997
13 section 6(1), committed by the person; or
14 (b) a contravention of the Restraining Orders
15 Act 1997 section 61(1);
16
17 15. Section 9AB inserted
18 At the end of Part 2 Division 1 insert:
19
20 9AB. Convictions for domestic violence offences
21 (1) This section applies if --
22 (a) a prosecution notice, or an indictment, for a
23 charge for an offence states the offence is also a
24 domestic violence offence; and
25 (b) a court convicts the offender of the offence; and
26 (c) the court is satisfied that the offence is also a
27 domestic violence offence.
page 8
Criminal Laws (Domestic Violence) Amendment Bill 2016
Sentencing Act 1995 amended Part 5
s. 15
1 (2) The court must order that the conviction also be --
2 (a) recorded as a conviction for a domestic
3 violence offence; and
4 (b) entered in the offender's criminal history
5 accordingly.
6 (3) If the court makes an order under subsection (2), the
7 prosecution may apply to the court for an order that an
8 offence stated in the application, of which the offender
9 has previously been convicted (a previous offence),
10 also be --
11 (a) recorded as a conviction for a domestic
12 violence offence; and
13 (b) entered in the offender's criminal history
14 accordingly.
15 (4) The application --
16 (a) may be made in writing or orally; and
17 (b) must include enough information to allow the
18 court to make a decision about whether it is
19 appropriate to make the order.
20 (5) The court may ask the prosecutor for further
21 information for it to decide whether to make an order
22 under subsection (6).
23 (6) If, after considering the application, the court is
24 satisfied a previous offence is a domestic violence
25 offence, the court must grant the application.
26 (7) A person against whom the domestic violence offence
27 was committed is not compellable as a witness in
28 proceedings before the court to decide the application.
29 (8) If a court is satisfied an error has been made in
30 recording or entering an offence as a domestic violence
31 offence, the court may, on an application or its own
32 initiative, correct the error.
33
page 9
Criminal Laws (Domestic Violence) Amendment Bill 2016
Part 5 Sentencing Act 1995 amended
s. 16
1 16. Section 148 amended
2 After section 148(2) insert:
3
4 (3) Regulations may prescribe matters relating to the
5 recording of convictions for domestic violence
6 offences, or the making of entries in criminal histories
7 about domestic violence offences, including, for
8 example, the way in which, and time within which, the
9 records or entries are to be made.
10
page 10
Criminal Laws (Domestic Violence) Amendment Bill 2016
The Criminal Code amended Part 6
s. 17
1 Part 6 -- The Criminal Code amended
2 17. Act amended
3 This Part amends The Criminal Code.
4 18. Section 281 amended
5 In section 281(1) delete "liable to imprisonment for 10 years."
6 and insert:
7
8 liable --
9 (a) if the offence is committed in circumstances of
10 aggravation, to imprisonment for 20 years; or
11 (b) in any other case, to imprisonment for 10 years.
12
13
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