Hansard debates

Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (12:13): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Bill before the House proposes to make urgent amendments into the Family Violence Protection Act 2008 (the Act) to address a technical issue with the service of copies of some family violence intervention orders. The Bill deems copies of family violence intervention orders made between 15 November 2024 and the commencement of the Bill that are served on respondents to be true copies of the original orders of the Court.

For a person to be convicted of contravening a family violence intervention order, the Act provides that the Court must make the order and arrange for the respondent to be personally notified of the order and its conditions, unless an order for alternative or substituted service is made. The respondent can be notified of the making and conditions of the order either by having the order explained to them in Court, or, if they are not present in court when it is made, or are a child, by being served with a copy of the order. If the respondent then contravenes a condition of the order, they have committed a criminal offence.

The Magistrates’ Court of Victoria and Children’s Court of Victoria identified that, from 15 November 2024 to 5 March 2025, copies of some family violence intervention orders generated by the Court for service contained a defect. The defect did not impact the validity of any Court orders, however, there may have been an issue with the service of some copies of orders made between 15 November 2024 and 5 March 2025. The technical issue which resulted in a defect in the copies of some orders was resolved on 5 March 2025. The Bill will ensure that any copies of orders made during that timeframe and served on respondents at any time are taken to have always been true copies of the orders made.

I commend the Bill to the house.