Part A: Summary of Peace and Good Behaviour Act 1982 (Qld)
Concerns Motivating the Act
According to the second reading of the Peace and Good Behaviour Act 1982 (Qld) the objective of the Act is one of preventative justice meaning that means it aims to prevent the occurrence of crime. The contents of the Act are designed to provide remedy for breaches of the peace, such actual or threatened violence occurring in the community (Second Reading).
The Act comprises of IV Parts, the main parts being: Part II (Orders to keep the Peace and be of Good Behaviour) and Part III (Offence Provisions).
Key provisions of the Act include:
- 4 relates to what actions are considered fit to make a complaint (in oath of writing) about, to a justice of the peace. These include a threat to assault or inflict bodily harm to the complainant or a person under the care of the complainant or to procure another person to do so, or to damage or procure another person to damage the complainant's property.
The complainant can also complain about fear of assault or damage of property caused by the defender.
- 4 and 6 relate to the procedure in which the complaint is dealt with by the court; including summons or warrants requiring the defendant to appear before Magistrates court to resolve the matter (s4). After the court hearing, the court may dismiss the complaint or make an order that the defender be of good behaviour for a period of time specified in the order, and to comply with any other conditions imposed by it (s6).
-If the defendant does not appear in court, a warrant is issued to bring the defendant to court, the court may proceed in the absence of the defendant; or if...