{"id":"domestic-and-family-violence-act-2007","name":"Domestic and Family Violence Act 2007","slug":"domestic-and-family-violence-act-2007","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30024,"registerId":"nt-domestic-and-family-violence-act-2007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 3A","sectionType":"part","heading":"6 Provisions consequential on enactment of","content":"Part 3A.6 Provisions consequential on enactment of\nDomestic and Family Violence\n(Recognition of Domestic Violence Orders)\n(National Uniform Law) Amendment\nAct 2017\n103ZD Definition........................................................................................ 90\n103ZE Enforcement of DVOs under other provisions ............................... 90\n103ZF DVOs made in the Territory ........................................................... 90\n103ZG DVOs made in other jurisdictions .................................................. 90\n103ZH DVOs declared to be recognised DVOs ........................................ 91\n103ZI DVOs declared to be recognised in other jurisdictions before\ncommencement date ..................................................................... 91\n103ZJ Definition........................................................................................ 92\n103ZK Power to declare DVO to be recognised ....................................... 92\n103ZL Application for order ...................................................................... 93\n103ZM Functions of registrar may be exercised by court .......................... 93\nPart 4.1 Evidence in proceedings for domestic\nviolence orders\n104 Definitions ...................................................................................... 94\n105 Application of Part ......................................................................... 94\n106 When Court to be closed ............................................................... 94\n107 How evidence of child given .......................................................... 95\n108 Admission of child's evidence ........................................................ 95\n109 No cross-examination of child........................................................ 96\n\nDomestic and Family Violence Act 2007 ix\n110 How evidence of vulnerable witness given .................................... 96\n111 Vulnerable witness entitled to support ........................................... 96\n112 Court's power relating to vulnerable witness giving evidence ........ 97\n113 Evidence given outside courtroom................................................. 97\n113A Definitions ...................................................................................... 98\n113B Application of Division ................................................................... 98\n113C Use of recorded statement ............................................................ 98\n114 Leave required for unrepresented defendant to cross-examine\ncertain witnesses ........................................................................... 99\n114A Leave not given to directly cross-examine witness ........................ 99\n114B Warning ....................................................................................... 101\nPart 4.2 Hearing procedures\n115 Procedural directions ................................................................... 101\n116 Hearsay evidence ........................................................................ 101\n117 Evidentiary value of endorsement on court file ............................ 102\nPart 5.1 Interpretation\n118 Definition...................................................................................... 103\n119 When DVO is given to respondent .............................................. 103\n120 Contravention of DVO by defendant ............................................ 103\n121 Penalties for contravention of DVO ............................................. 104\n122 Mandatory sentencing for contravention of DVO ......................... 105\n123 Publication of names and identifying information about\nchildren ........................................................................................ 105\n124 Publication of personal details ..................................................... 106\n124A Reporting domestic violence........................................................ 107\n\nDomestic and Family Violence Act 2007 x\n124B Definitions .................................................................................... 109\n124C Information sharing principles ...................................................... 110\n124D Application of this Chapter to courts ............................................ 111\n124DA Approval of information sharing entity ......................................... 111\n124DB Collection of information .............................................................. 112\n124E Sharing information for assessing or preventing domestic\nviolence threat ............................................................................. 112\n124F Police may share certain information with information sharing\nentities ......................................................................................... 112\n124G Limits on information that may be shared .................................... 113\n124H Obligation to disclose for domestic violence assessment or\nprotection purpose ....................................................................... 114\n124J Permitted uses of shared information .......................................... 114\n124K Who may give or receive information on behalf of information\nsharing entity ............................................................................... 114\n124L Unauthorised disclosure of confidential information .................... 115\n124M Police use of confidential information .......................................... 116\n124N Minister to make and publish guidelines ...................................... 116\n124P Information sharing entities to comply with guidelines ................. 117\nPart 5A.5 Risk assessment and risk management\nframework\n124Q CEO may approve framework ..................................................... 117\n124R Obligation to align with approved framework ............................... 118\nPart 5A.6 Miscellaneous\n124S Protection of persons giving information ...................................... 118\n124T Interaction with other laws ........................................................... 118\n124U Reviews of operation of Chapter ................................................. 118\n\nDomestic and Family Violence Act 2007 xi\n125 Protection for reporting domestic violence ................................... 120\n126 Approved forms ........................................................................... 120\n127 Regulations.................................................................................. 121\nPart 7.1 Repeals\n128 Acts repealed............................................................................... 122\nPart 7.2 Transitional matters for Domestic and\nFamily Violence Act 2007\n129 Definitions .................................................................................... 122\n130 Restraining orders ....................................................................... 122\n131 Registered external restraining orders......................................... 123\n132 Pending applications for restraining orders ................................. 123\n133 Confirmation hearings ................................................................. 123\n134 Pending referrals to Court............................................................ 124\n135 Interpretation Act not affected...................................................... 124\nPart 7.3 Transitional matters for Justice Legislation\nAmendment (Vulnerable Witnesses) Act\n136 Proceedings already commenced ............................................... 124\nPart 7.4 Transitional matters for Domestic and\nFamily Violence (Recognition of Domestic\nViolence Orders) (National Uniform Law)\n137 Definitions .................................................................................... 124\n138 Interim court DVO ........................................................................ 125\n139 Interim court variation order ......................................................... 125\n140 Registered interstate DVOs ......................................................... 125\n141 Enforcement of non-recognised interstate DVOs ........................ 126\nPart 7.5 Transitional matters for Evidence and\nOther Legislation Amendment Act 2020\n142 Proceeding already commenced ................................................. 126\n\nDomestic and Family Violence Act 2007 xii\n","sortOrder":0},{"sectionNumber":"Part 7","sectionType":"part","heading":"6 Transitional matters for Justice Legislation","content":"Part 7.6 Transitional matters for Justice Legislation\nAmendment (Electronic Documents)\nAct 2022\n143 Definition...................................................................................... 126\n144 DVO made but not given to parties or Court before\ncommencement ........................................................................... 126\n145 DVO varied but not given to parties or Court before\ncommencement ........................................................................... 127\n146 DVO confirmed with variations but not given to parties or\nCourt before commencement ...................................................... 127\nPart 7.7 Transitional matters for Justice Legislation\nAmendment (Domestic and Family\nViolence) Act 2023\n147 Definitions .................................................................................... 127\n148 Saving of DVOs ........................................................................... 127\n149 Application of sections 123, 124 and 124L .................................. 128\n150 Proceeding already started .......................................................... 128\nPart 7.8 Transitional matters for Domestic and\nFamily Violence and Victims Legislation\n151 Application of section 122 ............................................................ 128\n\n____________________\nAs in force at 7 June 2025\n____________________\nDOMESTIC AND FAMILY VIOLENCE ACT 2007\nAn Act to provide for the protection of persons in a domestic\nrelationship against violence, and for related purposes\nPREAMBLE:\nThe Legislative Assembly enacts this Act because it recognises\n(a) domestic violence is unacceptable behaviour that society does\nnot condone; and\n(b) domestic violence is a fundamental violation of human rights;\nand\n(c) domestic violence is unacceptable in any form and in any\ncommunity or culture; and\n(d) non-violence is a fundamental social value that must be\npromoted; and\n(e) traditional or cultural practices cannot be relied upon to\nminimise or excuse domestic violence; and\n(f) in responding to domestic violence and promoting the safety\nof persons who have experienced domestic violence, the\njustice system should:\n(i) treat the views of victims of domestic violence with\nrespect and dignity; and\n(ii) seek to reduce the degree to which victims might be\nsubject to re-traumatisation during court\nproceedings; and\n(iii) seek to reduce disruption to the lives of victims as far as\npossible; and\n\nDomestic and Family Violence Act 2007 2\n(g) domestic violence has the following features:\n(i) while anyone can be a victim or perpetrator of domestic\nviolence, domestic violence is predominantly committed\nby men against women, children and other vulnerable\npersons;\n(ii) children who experience the effects of domestic violence\nare particularly vulnerable, which may have a serious\nimpact on a child's current and future physical,\npsychological and emotional wellbeing;\n(iii) domestic violence affects the entire community and\noccurs in all areas of society, regardless of location,\nsocio-economic or health status, age, culture, gender\nidentity, sexual identity, ability or disability, ethnicity or\nreligion;\n(iv) domestic violence extends beyond physical and sexual\nviolence and involves emotional or psychological abuse,\neconomic abuse and coercive control; and\n(h) coercive control is almost always an underpinning dynamic of\ndomestic violence and involves violent, threatening or\nintimidating behaviour that has the effect of isolating,\ncontrolling, monitoring, frightening, humiliating, degrading,\npunishing, or restricting the freedom of a person; and\n(i) complex emotional factors arising from coercive control often\nmake it difficult for victims of domestic violence to report the\ndomestic violence or leave a domestic relationship in which\ndomestic violence is being committed; and\n(j) domestic violence may involve overt or subtle exploitation of\npower imbalances and may consist of isolated or patterns of\nabuse over a period of time; and\n(k) in circumstances in which there are conflicting allegations of\ndomestic violence or indications that both persons in a\nrelationship are committing domestic violence, including for\ntheir own protection, the person who is most in need of\nprotection should be identified; and\n(l) perpetrators of domestic violence might seek to misuse the\nprotections available under this Act (or through other legal\nprocesses) to further their domestic violence and that misuse\nshould be prevented; and\n\nDomestic and Family Violence Act 2007 3\n(m) domestic violence has:\n(i) negative and long-lasting consequences for victims and\nothers who experience it; and\n(ii) negative consequences for the community, workplaces\nand the economy.\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Domestic and Family Violence\nAct 2007.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act and their achievement","content":"3 Objects of Act and their achievement\n(1) The objects of this Act are as follows:\n(a) to reduce and prevent domestic violence;\n(b) to reduce the occurrence of children experiencing domestic\nviolence;\n(c) to ensure the safety and protection of all persons, including\nchildren, who experience or are exposed to domestic violence\nor who are at risk of experiencing or being exposed to\ndomestic violence;\n(d) to give effect, where possible, to the National Principles as\nagreed and endorsed by the States, the Territories and the\nCommonwealth regarding the various approaches to reduce\ndomestic violence;\n(e) to ensure persons who commit domestic violence are held\naccountable for their conduct;\n(f) to encourage persons who commit domestic violence to\naccept responsibility for their conduct.\n\nDomestic and Family Violence Act 2007 4\n(2) The objects are to be achieved by providing for the following:\n(a) the making of domestic violence orders to protect people from\ndomestic violence and to encourage the people committing it\nto change their behaviour;\n(b) the registration of orders made in other jurisdictions;\n(c) the enforcement of those orders;\n(d) the enabling of particular entities to share information so that:\n(i) assessments can be made about threats to the life,\nhealth, safety or welfare of people because of domestic\n(ii) responses can be made to threats mentioned in\nsubparagraph (i); and\n(iii) people who fear or experience domestic violence, or\npeople who commit domestic violence, can be referred\nto appropriate providers of domestic violence related\nservices.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\napproved form means a form approved under section 126.\naudiovisual link means a facility (including closed-circuit\ntelevision) that enables audio and visual communication between\npersons at different places.\nauthorised police officer means:\n(a) a police officer of or above the rank of senior sergeant; or\n(b) the officer in charge for the time being of a police station.\ncarers relationship, see section 12.\nCEO, for Chapter 5A, see section 124B.\nchild means an individual who is under 18 years old.\n\nDomestic and Family Violence Act 2007 5\nchild protection officer means an officer of an Agency who has\npowers and functions for the protection of children under an Act.\ncoercive control, see section 5B.\nCommissioner means the Commissioner of Police.\ncomplainant, for Chapter 4, Part 4.1, Division 4A, see section 21G\nof the Evidence Act 1939.\ncopy, for Chapter 5, see section 118.\ncorresponding law, for Chapter 3A, see section 102.\nCourt means:\n(a) the Local Court, including a person exercising the jurisdiction\nof the Local Court under an Act or rules made under the Local\nCourt Act 2015; or\n(b) the Youth Justice Court mentioned in section 45 of the Youth\nJustice Act 2005.\ncourt DVO means a DVO made or varied under Part 2.4,\nDivision 3, or Parts 2.5 to 2.10.\ncriminal record, see section 3(1) of the Criminal Records (Spent\nConvictions) Act 1992.\ndomestic relationship, see section 9.\ndomestic violence, see section 5.\ndomestic violence concern, for Chapter 3A, see section 103C.\ndomestic violence offence, for Chapter 4, Part 4.1, Division 4A,\nsee section 21G of the Evidence Act 1939.\ndomestic violence order:\n(a) other than for Chapter 3A – means a court DVO or police\n(b) for Chapter 3A – see section 102.\ndomestic violence related service, for Chapter 5A, see\nsection 124B.\nDVO means a domestic violence order made or varied under this\nAct.\n\nDomestic and Family Violence Act 2007 6\nDVO contravention offence means:\n(a) an offence against section 120(1); or\n(b) an offence of contravening a restraining order under the\nrepealed Domestic Violence Act 1992 as in force from time to\ntime before the commencement of this Act; or\n(c) an offence of contravening an external order.\neconomic abuse, see section 8.\nelectronic communication, see section 5 of the Electronic\nTransactions (Northern Territory) Act 2000.\nemotional or psychological abuse, see section 5A.\nexposed, for domestic violence, includes:\n(a) to see or hear the violence; and\n(b) to witness harm resulting from the violence.\nexternal order means:\n(a) an order in the nature of a DVO made by a court of New\nZealand; or\n(b) an order made by a court of a State or another Territory that is\nprescribed by regulation.\nfamily law order means an order made under Part VII of the\nFamily Law Act 1975 (Cth).\nfamily relationship, see section 10(1).\nfinal DVO, for Chapter 3A, see section 102.\nforeign order, for Chapter 3A, see section 102.\ngeneral violence order, for Chapter 3A, see section 102.\nharm, see section 1A of the Criminal Code.\nimage means a moving or still image in any form.\nExamples for definition image\n1 A file stored on a computer.\n2 A photo stored on a phone.\n3 A video stored on a phone.\n\nDomestic and Family Violence Act 2007 7\ninformation, for Chapter 5A, see section 124B.\nInformation Commissioner means the person appointed under\nsection 85 of the Information Act 2002.\ninformation sharing entity, for Chapter 5A, see section 124B.\ninformation sharing guidelines, for Chapter 5A, see\nsection 124B.\ninterim DVO, for Chapter 3A, see section 102.\ninterstate DVO, see section 103A.\ninterstate law enforcement agency, for Chapter 3A, see\nsection 102.\nintimate image means an image that depicts or is altered to\nappear to depict:\n(a) a person engaged in a sexual act of a kind not ordinarily seen\nin public; or\n(b) a person in a manner or context that is sexual; or\n(c) the genital or anal region of a person, whether bare or covered\nby underwear; or\n(d) a breast, whether bare or covered by underwear, of a female\nperson or of a transgender or intersex person who identifies\nas female.\nintimate personal relationship, see section 11.\nintimidation, see section 6.\nissuing authority means:\n(a) f or a police DVO – the authorised police officer considering\nmaking the DVO; or\n(b) for a court DVO not made under Part 2.10:\n(i) the Court or the Youth Justice Court mentioned in\nsection 45 of the Youth Justice Act 2005; or\n(ii) a registrar deciding the application for the court DVO; or\n(c) for a court DVO made under Part 2.10 – the court considering\nmaking the DVO; or\n\nDomestic and Family Violence Act 2007 8\n(d) for Chapter 3A – see section 102.\nissuing jurisdiction, for Chapter 3A, see section 102.\nJudge means a Local Court Judge.\njurisdiction, for Chapter 3A, see section 102.\nlocal DVO, for Chapter 3A, see section 103.\nlocal law enforcement agency, for Chapter 3A, see section 102.\nmake, for an order, includes issue and confirm.\nNew Zealand DVO, for Chapter 3A, see section 102.\nnon-local DVO, for Chapter 3A, see section 102.\nparticipating jurisdiction, for Chapter 3A, see section 102.\nparty, to a DVO, means each of the following:\n(a) the protected person or person acting for the protected\n(c) if the application for the DVO is not made by the protected\nperson – the applicant;\n(d) if the DVO is a police DVO – the authorised police officer who\nmade the DVO and the Commissioner;\n(e) any other person allowed as a party by the Court.\npersonal details, of a person, includes:\n(a) the person's residential address or intended residential\naddress; and\n(b) information that identifies, or is likely to identify, the person.\npersonal property, in respect of a person, includes:\n(a) clothes and tools used by the person for work; and\n(b) an animal belonging to the person.\npolice DVO, see section 28(1).\npremises exclusion order, see section 22(1).\n\nDomestic and Family Violence Act 2007 9\n(a) the hearing of an application for:\n(iii) the extension of a court DVO under Part 2.8; or\n(b) a proceeding for the confirmation of a DVO; or\n(c) a proceeding for an offence against this Act.\nprogram facilitator means a person who:\n(a) provides a rehabilitation program or a perpetrators' program;\nor\n(b) provides assessments, support or case management\nassociated with a rehabilitation program or a perpetrators'\nprogram.\nproperly notified, for Chapter 3A, see section 103L.\nprotected person for:\n(a) a DVO – see section 13; or\n(b) an external order or interstate DVO – see section 102.\npublish includes broadcast.\nrecognised DVO, see sections 103E and 103ZH.\nrecognised variation, for Chapter 3A, see section 103F.\nrecorded statement, for Chapter 4, Part 4.1, see section 104.\nregistered, for an external order, means registered under Part 3.2.\nregistered foreign order, for Chapter 3A, see section 103B.\nregistrar, see section 3 of the Local Court Act 2015.\nrehabilitation program, means a program declared by the Minister\nunder section 85A(1) to be a rehabilitation program.\nrespondent, for:\n(a) a DVO – see section 14; or\n\nDomestic and Family Violence Act 2007 10\n(b) an external order or interstate DVO – means the person\nagainst whom the order is made.\nrestrain includes prohibit.\nrevoke includes cancel.\nsatisfied, in relation to the making, confirmation, variation or\nrevocation of a DVO, means satisfied on the balance of\nprobabilities.\nstalking, see section 7.\nvary, for a DVO, includes the following:\n(a) amend or modify the DVO;\n(b) add further conditions, restraints, prohibitions, obligations or\nrequirements to the DVO or vary or delete conditions,\nrestraints, prohibitions, obligations or requirements;\n(c) extend or reduce the period for which the DVO remains in\nforce.\nvulnerable witness, for Chapter 4, Part 4.1, see section 104.\nyoung person means a person who is:\n(a) aged 14 years or older; and\n(b) under 18 years old.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Domestic violence","content":"5 Domestic violence\n(1) Domestic violence is any conduct specified in subsection (2) if\ncommitted by a person against another person in the following\ncircumstances:\n(a) the persons are in a domestic relationship;\n(b) the person had previously committed a sexual act against (or\nhad sexual contact with) the other person without consent.\n\nDomestic and Family Violence Act 2007 11\n(2) For subsection (1), the following conduct is specified:\n(a) physical or sexual abuse;\n(b) emotional or psychological abuse;\n(c) damaging real or personal property of the other person;\n(d) intimidation;\n(e) coercive control;\n(f) causing the other person to fear for their safety or the safety of\nanother person;\n(g) stalking;\n(h) economic abuse;\n(i) using technology (including internet, social media and other\nelectronic communications) as a means to commit conduct\nmentioned in paragraphs (a) to (h);\n(j) attempting or threatening to commit conduct mentioned in\nparagraphs (a) to (i).\nExamples for subsection (2)(i)\n1 Spying on someone using any type of surveillance device such as a tracking\nsystem or spyware.\n2 Stalking someone using a GPS-enabled device such as a mobile phone.\n3 Using social media to abuse the person.\nNotes for subsection (2)\n1 This Act uses the term domestic violence but acknowledges that term\nincludes family violence.\n2 Under Part 2.2, a DVO may be sought, and made, against a person if the\nperson counsels or procures someone to commit the conduct mentioned in\nthis subsection (see section 17).\n(3) Exposing a child with whom a person is in a domestic relationship\nto conduct mentioned in subsection (2), including to the effects of\nthe conduct on another person, is also domestic violence.\n(4) To avoid doubt, conduct does not have to constitute an offence\nagainst a law of the Territory for the conduct to be domestic\nviolence.\n\nDomestic and Family Violence Act 2007 12\n","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Emotional or psychological abuse","content":"5A Emotional or psychological abuse\n(1) Emotional or psychological abuse is conduct that would torment,\ncoerce, intimidate, harass or be offensive to a reasonable person\nand result in a reasonable person suffering emotional distress or\nmental harm.\n(2) Without limiting subsection (1), emotional or psychological abuse of\na person may include any of the following conduct:\n(a) making repeated derogatory taunts of the person;\n(b) threatening to disclose sensitive information about the person\nto the person's friends, family or workplace;\n(c) threatening to withhold the person's medication;\n(d) preventing the person from maintaining social, familial or\ncultural connections;\n(e) preventing the person from expressing the person's cultural\nidentity;\n(f) threatening to self-harm with the intention of tormenting the\n(g) threatening to harm another person with the intention of\ntormenting the person;\n(h) following the person in public or in the person's residence or\nremaining outside the person's residence or work with the\nintention of tormenting the person;\n(i) repeatedly contacting the person by any means of\ncommunication without the person's consent;\n(j) sending offensive material or communications to the person or\nleaving offensive material where it is likely to be found by the\n(k) taking an intimate image of the person without consent;\n(l) threatening to distribute or publish an intimate image of the\n(m) publishing offensive material or communications about the\nperson without consent;\n\nDomestic and Family Violence Act 2007 13\n(n) driving a motor vehicle in a reckless or dangerous manner or\nacting in a reckless or dangerous manner while driving a\nmotor vehicle when the person is a passenger in the vehicle;\n(o) threatening to request that the person be assessed to\ndetermine whether the person is in need of treatment under\nthe Mental Health and Related Services Act 1998;\n(p) threatening to withdraw care on which the person is\ndependent;\n(q) preventing the person from entering the person's place of\nresidence.\n(3) In deciding whether a person's conduct amounts to emotional or\npsychological abuse, consideration may be given to a pattern of\nconduct.\n","sortOrder":7},{"sectionNumber":"5B","sectionType":"section","heading":"Coercive control","content":"5B Coercive control\n(1) Coercive control, of a person, is a pattern of conduct that causes\nthe person to fear for their safety, or the safety of another person in\na domestic relationship with the person engaging in the conduct,\nthat results in any of the following:\n(a) controlling or subordinating the person;\n(b) dominating, regulating or monitoring the person's daily activity;\n(c) isolating the person from social, familial or cultural\nconnections and support;\n(d) depriving the person of freedom;\n(e) frightening, humiliating, degrading or punishing the person.\n(2) In deciding whether a person's conduct amounts to coercive control\nof the person, consideration must be given to what is reasonable in\nthe circumstances of the relationship between the persons.\n(3) Without limiting subsection (1), a pattern of conduct may be\ncoercive control whether or not any of the conduct is physical\nbehaviour.\n\nDomestic and Family Violence Act 2007 14\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Intimidation","content":"6 Intimidation\n(1) Intimidation of a person is:\n(a) harassment of the person; or\nExamples of harassment for paragraph (a)\n1 Regular and unwanted contacting of the person, including by mail, phone,\ntext messages, fax, the internet or another form of electronic communication.\n2 Giving or sending offensive material to the person.\n(b) any conduct that causes a reasonable apprehension of:\n(i) violence to the person; or\n(ii) damage to the property of the person, including the\ninjury or death of an animal that is the person's property;\nor\nExample of conduct for paragraph (b)(i)\nSexually coercive behaviour.\n(c) any conduct that has the effect of unreasonably controlling the\nperson or causes the person mental harm.\n(2) For deciding whether a person's conduct amounts to intimidation,\nconsideration may be given to a pattern of conduct (especially\ndomestic violence) in the person's behaviour.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Stalking","content":"7 Stalking\nStalking, a person, includes engaging in any of the following\nconduct on at least 2 separate occasions with the intention of\ncausing harm to the person or causing the person to fear harm to\nthe person:\n(a) intentionally following the person;\n(b) intentionally watching or loitering in the vicinity of, or\nintentionally approaching, the place where the person lives,\nworks or regularly goes for a social or leisure activity.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Economic abuse","content":"8 Economic abuse\n(1) Economic abuse, of a person, is conduct that is coercive,\ndeceptive or unreasonable and results in the person losing\neconomic or financial autonomy or suffering economic or financial\nloss or damage.\n\nDomestic and Family Violence Act 2007 15\n(2) Without limiting subsection (1), economic abuse includes any of the\nfollowing conduct:\n(a) coercing the person to relinquish control over assets or\nincome;\n(b) unreasonably disposing of property owned by the person or\nowned jointly by the person and someone else without\nconsent;\n(c) without lawful excuse, preventing the person from taking part\nin decisions over the disposition of joint property or spending\nshared income;\n(d) withholding or threatening to withhold money reasonably\nnecessary for the maintenance of the person or a child of the\n(e) creating or causing to be created a debt in the person's name\nwithout the person's consent;\n(f) preventing or threatening to prevent the person from\naccessing financial assets;\n(g) removing or threatening to remove the person's personal\nproperty from a place without permission;\n(h) preventing or hindering the person from seeking or\nmaintaining employment;\n(i) coercing the person to make a claim for a payment under the\nSocial Security (Administration) Act 1999 (Cth);\n(j) coercing the person to make a power of attorney in respect of\nan asset;\n(k) coercing the person to sign a contract;\n(l) coercing the person to sign a document establishing or in\nconnection with the operation of a business.\nExample for subsection (2)(a)\nUsing stand-over tactics to obtain the person's credit card or money.\n\nDomestic and Family Violence Act 2007 16\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Domestic relationship","content":"9 Domestic relationship\nA person is in a domestic relationship with another person if the\nperson:\n(a) is or has been in a family relationship with the other person; or\n(b) has or had the custody or guardianship of, or right of access\nto, the other person; or\n(c) is or has been subject to the custody or guardianship of the\nother person or the other person has or has had a right of\naccess to the person; or\n(d) ordinarily or regularly lives, or has lived, with:\n(i) the other person; or\n(ii) someone else who is or was in a family relationship with\nthe other person; or\n(e) is or has been in a family relationship with a child of the other\nperson; or\n(f) is or has been in an intimate personal relationship with the\nother person; or\n(fa) is in an intimate personal relationship with a person with whom\nthe other person was in an intimate personal relationship; or\n(fb) was in an intimate personal relationship with a person with\nwhom the other person is in an intimate relationship; or\n(fc) is in a family relationship with a person with whom the other\nperson is in an intimate personal relationship; or\n(fd) is in an intimate personal relationship with a person with whom\nthe other person is in a family relationship; or\n(g) is or has been in a carers relationship with the other person.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Family relationship","content":"10 Family relationship\n(1) A person is in a family relationship with another person if the\nperson:\n(a) is the spouse or de facto partner of the other person; or\n\nDomestic and Family Violence Act 2007 17\n(ab) is the spouse or de facto partner of the person's former\nspouse or de facto partner; or\n(b) is otherwise a relative of the other person.\nExamples of relatives for paragraph (b)\nStepchild, parent, step-parent, grandparent, aunt, nephew, cousin, half-brother,\nmother-in-law or aunt-in-law.\n(2) A relative of a person includes someone who, according to\nAboriginal tradition or contemporary social practice, is a relative of\nNote for section 10\nSection 19A of the Interpretation Act 1978 contains definitions of certain domestic\nrelationships, including spouse, de facto partner and stepchild.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Intimate personal relationship","content":"11 Intimate personal relationship\n(1) An intimate personal relationship exists between 2 persons if:\n(a) the persons are engaged to be married to each other,\nincluding being betrothed under cultural or religious tradition;\nor\n(b) the persons have an intimate relationship, whether or not the\nrelationship is a sexual relationship; or\n(c) the persons engaged in a sexual act or sexual contact.\nExample for subsection (1)(b)\nThe 2 persons are dating.\n(3) In deciding whether an intimate personal relationship exists under\nsubsection (1)(b), the following may be taken into account:\n(a) the circumstances of the relationship, including, for example,\nthe level of trust and commitment;\n(b) the length of time the relationship has existed;\n(c) the frequency of contact between the persons;\n(d) the level of intimacy between the persons.\n(4) An intimate personal relationship may exist whether the 2 persons\nare the same or the opposite sex.\n\nDomestic and Family Violence Act 2007 18\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Carers relationship","content":"12 Carers relationship\nA carers relationship exists between 2 persons if 1 of them is\ndependent on the ongoing paid or unpaid care of the other.\n","sortOrder":15},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Concepts relating to parties to domestic violence","content":"Subdivision 3 Concepts relating to parties to domestic violence\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Protected person","content":"13 Protected person\n(1) A protected person is a person for whose protection a DVO:\n(a) is sought; or\n(b) is in force.\nSection 102 defines protected person for recognised interstate and foreign\norders.\n(2) A protected person must be in a domestic relationship with the\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Respondent","content":"14 Respondent\n(1) The respondent is the person against whom a DVO:\n(a) is sought; or\n(b) is in force.\n(2) Only one person may be named as the respondent in:\n(a) an application for a DVO; or\n(b) a DVO.\n(3) The respondent must be at least 14 years old.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Application of Criminal Code","content":"15 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 15\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nDomestic and Family Violence Act 2007 19\n","sortOrder":19},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Preliminary matters","content":"Part 2.1 Preliminary matters\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Objects of Chapter","content":"16 Objects of Chapter\nThe objects of this Chapter are to provide for:\n(a) the making of domestic violence orders to:\n(i) ensure the safety and protection of persons who are\nexperiencing or exposed to domestic violence or who\nare at risk of experiencing or being exposed to domestic\n(ii) ensure persons who commit domestic violence are held\naccountable for their conduct; and\n(iii) encourage persons who commit domestic violence to\naccept responsibility for their conduct; and\n(b) the variation and revocation of domestic violence orders.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"When person taken to have committed domestic violence","content":"17 When person taken to have committed domestic violence\nA person who counsels or procures someone else to commit\nconduct that, if committed by the person would be domestic\nviolence, is taken to have also committed the conduct.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"When DVO may be made","content":"18 When DVO may be made\n(1) The issuing authority may make a DVO only if satisfied there are\nreasonable grounds for the protected person to fear the\ncommission of domestic violence against the person by the\nNote\nBecause of the objective nature of the test in subsection (1), the issuing authority\nmay be satisfied on the balance of probabilities as to the reasonable grounds\neven if the protected person denies, or does not give evidence about, fearing the\ncommission of domestic violence.\n(2) In addition, if the protected person is a child, the authority may\nmake a DVO if satisfied there are reasonable grounds to fear the\nchild will be exposed to domestic violence committed by or against\na person with whom the child is in a domestic relationship.\n\nDomestic and Family Violence Act 2007 20\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Matters to be considered in making DVO","content":"19 Matters to be considered in making DVO\n(1) In deciding whether to make a DVO, the issuing authority must\nconsider the safety and protection of the protected person and each\nchild (if any) of the protected person or who usually resides with the\nprotected person to be of paramount consideration.\n(2) In addition to the matter required under subsection (1), the issuing\nauthority may also consider the following:\n(a) any family law orders in force in relation to the respondent, or\nany pending applications for family law orders in relation to the\nrespondent, of which the issuing authority is informed;\n(b) all other DVOs in force (if any) and any recognised DVO in\nwhich the respondent is named as the respondent;\n(c) any DVO no longer in force in which the respondent was\nnamed as the respondent;\n(d) any legal proceedings involving the protected person or\nrespondent that are relevant to the DVO;\n(e) any order under the Care and Protection of Children Act 2007\nor application for an order under that Act in which the\nprotected person or respondent is named as a respondent;\n(f) any report identifying the protected person filed under\nsection 33 or 58;\n(g) if the respondent is on bail – the bail conditions;\n(h) the accommodation needs of the protected person and each\nchild (if any) of the protected person or who usually resides\nwith the protected person;\n(i) the respondent's criminal record (if any);\n(j) the respondent's previous conduct whether in relation to the\nprotected person or someone else;\n(k) other matters the authority considers relevant.\n(3) If the protected person or the respondent has a child usually\nresiding with them or has regular contact with a child, the issuing\nauthority must consider whether a separate DVO is required to be\nmade for the protection of the child as a protected person.\n\nDomestic and Family Violence Act 2007 21\n(4) If either of the following circumstances apply in relation to the DVO,\nthe issuing authority must consider the matters mentioned in\nsubsection (5):\n(a) more than one of the parties states domestic violence was\ncommitted or is being committed by another party;\n(b) the issuing authority is satisfied that there are reasonable\ngrounds for more than one of the parties to fear the\ncommission of domestic violence.\n(5) For subsection (4), the issuing authority must consider:\n(a) whether there is a pattern of conduct constituting domestic\nviolence over time indicating a party is the person most in\nneed of protection; and\n(b) without limiting paragraph (a), whether there is coercive\ncontrol indicating a party is the person most in need of\nprotection; and\n(c) the severity and type of domestic violence and any injury\nresulting from the domestic violence experienced by each\nparty.\n(6) The Court may order the applicant to provide further information to\nshow why the DVO is required if the Court believes, after\nconsidering the matters in subsection (5), the respondent is the\nperson most in need of protection.\n(7) The issuing authority may, in the DVO, determine which party is the\nprotected person most in need of protection.\n(8) The issuing authority must not make a DVO against the party\ndetermined to be the protected person most in need of protection,\nunless the issuing authority is satisfied, having regard to the objects\nof this Act, that it is necessary to make a DVO against the protected\nNote for subsection (8)\nSeparate DVOs may be made against more than one of the parties if the issuing\nauthority is satisfied that there are reasonable grounds for making the DVO under\nsection 18.\n\nDomestic and Family Violence Act 2007 22\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Presumption in favour of protected person with child","content":"20 Presumption in favour of protected person with child\nremaining at home\n(a) the respondent and protected person normally live in the same\nhome with a child (whether or not the child is also a protected\nperson); and\n(b) in deciding the conditions of a DVO, the issuing authority\nimposes a restraint on the respondent having contact with the\nprotected person or child.\n(2) The issuing authority must presume the protection of the protected\nperson and child are best achieved by them living in the home.\n(3) To avoid doubt, this section does not prevent a DVO including a\npremises exclusion order.\nExample of order for subsection (3)\nA premises exclusion order providing for the respondent to visit the child at the\nhome.\n","sortOrder":25},{"sectionNumber":"20A","sectionType":"section","heading":"Mandatory prohibition","content":"20A Mandatory prohibition\nA DVO must include a provision prohibiting the respondent from\ncommitting domestic violence against each protected person.\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"What DVO may provide","content":"21 What DVO may provide\n(1) A DVO may provide for any of the following:\n(a) an order imposing the restraints on the respondent stated in\nthe DVO as the issuing authority considers are necessary or\ndesirable to prevent the commission of domestic violence\nagainst the protected person;\nExamples of DVOs for paragraph (a)\n1 An order restraining the respondent from contacting (directly or indirectly) the\nprotected person.\n2 An order restraining the respondent from approaching the protected person\nor premises stated in the DVO.\n3 An order requiring the respondent to refrain from harassing, threatening,\nverbally abusing or assaulting the protected person.\n\nDomestic and Family Violence Act 2007 23\n(b) an order imposing the obligations on the respondent stated in\nthe DVO as the issuing authority considers are necessary or\ndesirable:\n(i) to ensure the defendant accepts responsibility for the\nviolence committed against the protected person; and\n(ii) to encourage the respondent to change the respondent's\nbehaviour;\n(ba) an order imposing a prohibition on the respondent locating or\nattempting to locate a protected person and each child (if any)\nof the protected person or who usually resides with the\nprotected person;\n(bb) an order imposing a requirement on the respondent to destroy\nan intimate image of a protected person;\n(c) other orders the issuing authority considers are just or\ndesirable to make in the circumstances of the particular case;\nExample of other orders for paragraph (c)\nAn order requiring the return of personal property to the respondent or protected\n(d) an order (an ancillary order) that aims to ensure compliance\nby the respondent with another order under paragraph (a), (b),\n(ba), (bb) or (c).\n(1A) An ancillary order may:\n(a) prohibit the respondent from engaging in specified conduct; or\n(b) require the respondent to take specified action.\nExample for subsection (1A)(b)\nAn order that the respondent submit to testing to ensure compliance with an\norder prohibiting consumption of alcohol or certain drugs.\n(1B) The Regulations may make provision about a matter relating to an\nancillary order.\n(1C) In determining the content of a DVO, the issuing authority must\nconsider the protection of the protected person and each child (if\nany) of the protected person or who usually resides with the\nprotected person to be of paramount consideration.\n\nDomestic and Family Violence Act 2007 24\n(2) Subsection (1) is not limited by the specific orders provided in this\nPart.\nNotes for section 21\n1 Under sections 39 and 40 of the Firearms Act 1997, a licence, permit or\ncertificate of registration is automatically suspended or revoked on the\nmaking of a DVO.\n2 Under sections 208AB and 208AC of the Criminal Code it is an offence to\ndistribute an intimate image of a person without consent or to threaten to\ndistribute an intimate image.\n","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Premises exclusion order","content":"22 Premises exclusion order\n(1) A DVO may include a premises exclusion order prohibiting the\nrespondent from one or more of the following:\n(a) remaining at premises specified in the order;\n(b) entering or attempting to enter premises specified in the order\nat any time or subject to any conditions specified in the order;\n(c) being within a specific distance of the premises specified in\nthe order.\n(2) Before making a premises exclusion order, the issuing authority\nmust consider the following:\n(a) if the protected person usually resides at the premises to be\nspecified in the order:\n(i) whether or not the protected person and each child (if\nany) usually residing with the protected person can live\nin safety at those premises; and\n(ii) any disruption to the protected person and each child (if\nany) usually residing with the protected person that\nwould result from making the premises exclusion order;\nand\n(iii) the impact of the order on the accommodation of the\nparties and any other persons usually residing at those\npremises;\n(b) any opinion expressed by the protected person under\nsubsection (3);\n(c) the impact of the premises exclusion order on the relationship\nbetween the respondent and each child (if any) usually\nresiding with the protected person;\n\nDomestic and Family Violence Act 2007 25\n(d) without limiting paragraph (a)(iii), the impact of the premises\nexclusion order on the accommodation or employment of the\n(3) For subsection (2)(b), the issuing authority may invite the protected\nperson to express an opinion on:\n(a) the respondent accessing the premises to be specified in the\norder; and\n(b) whether or not the DVO should exclude the respondent from\nthose premises.\n(4) If the protected person does not express an opinion in response to\nan invitation under subsection (3), the issuing authority must not\ndraw an inference that the protected person has no opinion on:\n(a) the respondent accessing those premises; or\n(b) whether or not the DVO should exclude the respondent from\nthose premises.\n(5) For this section, the premises specified in the premises exclusion\norder may include the following:\n(a) residential premises where the respondent and protected\nperson live together or previously lived together;\n(b) premises where the respondent or protected person resides,\nworks or visits;\n(c) premises in which the respondent has a legal or equitable\ninterest.\n","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Order regarding tenancy agreement","content":"23 Order regarding tenancy agreement\n(1) This section applies in relation to a tenancy agreement if:\n(b) the respondent or protected person is a tenant of the\npremises; and\n(c) either:\n(i) a court DVO includes a premises exclusion order for the\npremises; or\n(ii) the protected person no longer wishes to live in the\npremises.\n\nDomestic and Family Violence Act 2007 26\n(2) The Court may, in the DVO, make:\n(a) an order terminating the tenancy agreement; or\n(b) an order terminating the tenancy agreement and creating a\nnew tenancy agreement (the replacement agreement) for the\nbenefit of:\n(i) the protected person and anyone else who was a party\nto the terminated agreement other than the respondent;\nor\n(ii) the respondent and anyone else who was a party to the\nterminated agreement.\n(3) An order must not be made unless:\n(a) the Court is satisfied there is no reasonable likelihood of the\nrespondent and the protected person living in the premises\nfree of domestic violence; and\n(b) the landlord consents to the order or, if the landlord refuses\nconsent, the Court is satisfied the refusal is unreasonable; and\n(c) the protected person consents to the order; and\n(d) in the case of a replacement agreement – the protected\nperson or respondent, as the case may be, would be able to\ncomply with the replacement agreement; and\n(e) the Court considers it appropriate in the circumstances to\nmake the order.\n(4) The landlord and anyone else having an interest in the premises\nare entitled to appear and be heard in relation to the matter.\n(5) The replacement agreement must have the same conditions as the\nterminated agreement other than the names of the tenants.\n(6) If the terminated agreement is for a fixed term, the date of expiry of\nthe replacement agreement must be the same as that of the\nterminated agreement.\n(7) Part 12 of the Residential Tenancies Act 1999 applies to the\nterminated agreement as if the tenants had given up vacant\npossession of the premises.\n(8) In this section:\npremises, see the Residential Tenancies Act 1999.\n\nDomestic and Family Violence Act 2007 27\ntenancy agreement, see the Residential Tenancies Act 1999.\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Order for rehabilitation program","content":"24 Order for rehabilitation program\n(1) The Court may include in a DVO an order requiring the respondent\nto take part in a rehabilitation program when making or varying the\nDVO.\n(1A) In deciding whether to include an order under subsection (1), the\nsafety and protection of the protected person must be the\nparamount consideration.\n(1B) If the Court includes an order under subsection (1) in a DVO, the\nCourt may also include an order requiring the respondent to take\npart in any other program the Court considers appropriate.\nExample for subsection (1B)\nAn alcohol rehabilitation program.\n(2) The order may be made only if:\n(a) the Court is satisfied:\n(i) the respondent is a suitable person to take part in the\nprogram; and\n(ii) there is a place available in the program for the\nrespondent; and\n(b) the respondent consents to the order.\n(3) The order may be made subject to the conditions the Court\nconsiders appropriate.\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Protected person's residential address not to be included in","content":"25 Protected person's residential address not to be included in\norder\nA protected person's residential address, or intended residential\naddress, must not be stated in a DVO, unless the issuing authority\nis satisfied:\n(a) the respondent knows the address; or\n(b) it is necessary to state the address in order to achieve\ncompliance with the DVO and by stating the address:\n(i) the protected person's personal safety will not be\nseriously threatened; and\n\nDomestic and Family Violence Act 2007 28\n(ii) damage is not likely to be caused to any of the protected\nperson's property.\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Prohibition on publication of personal details","content":"26 Prohibition on publication of personal details\nA court DVO may include an order prohibiting the publication of\npersonal details of a protected person or witness in a proceeding if\nthe Court is satisfied that publication would expose the person to\nthe risk of harm or the Court otherwise considers it appropriate in\nthe circumstances.\nNote for section 26\nUnder section 124 it is an offence to contravene the order.\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Duration of court DVO","content":"27 Duration of court DVO\n(1) A court DVO, other than an interim court DVO made under\nsection 64(1), is in force for the period specified in it, which may be\nan indefinite period.\n1 For the duration of a police DVO, see section 34(2).\n2 For the duration of an interim court DVO, see section 64(4).\n(2) In deciding the period for which a court DVO is in force, the\nparamount consideration must be the safety and protection of the\nprotected person and each child (if any) of the protected person or\nwho usually resides with the protected person.\n(3) In deciding the period for which a court DVO is in force, the issuing\nauthority must consider the following:\n(a) the period necessary to protect the protected person from\ndomestic violence, having regard to the content of the DVO;\n(b) any information provided by the applicant about the likely\nduration of the risk of the respondent committing domestic\nviolence;\n(c) if the applicant is not the protected person – any information\nprovided by the protected person about the likely duration of\nthe risk of the respondent committing domestic violence;\n(d) the duration of any sentence of imprisonment imposed on the\nrespondent or that is likely to be imposed on the respondent (if\nknown);\n(e) any information provided by the respondent about the risk of\nthe respondent committing domestic violence.\n\nDomestic and Family Violence Act 2007 29\n(4) The issuing authority may make a court DVO of an indefinite period\nif satisfied that:\n(a) the risk of the respondent committing domestic violence\nagainst the protected person is significant and ongoing; and\n(b) the risk cannot be minimised if the court DVO has a specified\nduration.\n(5) If a court DVO is of an indefinite period, the court DVO is in force\nuntil the DVO is revoked by the Court or set aside on appeal.\n(6) If a court DVO does not specify the period when it is in force, the\ncourt DVO is in force from when it is made until:\n(a) if the respondent is an adult – the earlier of the following:\n(iii) after a period of 5 years commencing on the day the\nDVO is made; or\n(b) if the respondent is a young person – the earlier of the\n(iii) after a period of 12 months commencing on the day the\nDVO is made; or\n(c) if the protected person is a child or young person – the earlier\nof the following:\n(iii) when the protected person attains the age of 18 years.\n\nDomestic and Family Violence Act 2007 30\n","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"When authorised police officer may make DVO","content":"28 When authorised police officer may make DVO\n(1) An authorised police officer may make a police DVO under this\nPart if satisfied that:\n(a) it is necessary to ensure the protected person's safety:\n(i) because of urgent circumstances; or\n(ii) because it is not otherwise practicable in the\ncircumstances to obtain a court DVO; and\n(b) a court DVO might reasonably have been made had it been\napplied for.\n(2) An authorised police officer may make a police DVO even if the\nrespondent is not given an opportunity to answer any allegation\nmade in relation to the making of the police DVO.\n(3) A police DVO must not include more than one person as the\nprotected person, unless each additional protected person included\nin the police DVO is:\n(a) a child of the protected person; or\n(b) a person who usually resides with the protected person; or\n(c) without limiting paragraphs (a) or (b), a person under the care\nof the protected person.\nNotes for section 28\n1 An authorised police officer is an issuing authority and must consider the\nmatters under section 19 in deciding whether to make a police DVO.\n2 Part 2.2 provides for the matters to be considered in making a DVO and\n29 Matters to be recorded on police DVO\n(1) An authorised police officer who makes a police DVO must record,\nor ensure that another police officer records, the following on the\npolice DVO:\n(a) the reasons for making it;\n\nDomestic and Family Violence Act 2007 31\n(2) The time for the Court hearing for confirmation of the police DVO\nmust be as soon as practicable after it is made.\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"What police officer must do after police DVO is made","content":"30 What police officer must do after police DVO is made\n(1) As soon as practicable after a police DVO is made, a police officer\nmust give a copy of it:\n(a) to the parties to the police DVO; and\n(b) to the Court.\n(2) For subsection (1)(a), the police officer must personally give a copy\nof the police DVO to the protected person and explain to the\nprotected person:\n(c) the duration of the police DVO under section 34; and\n(d) that the protected person is a party to the proceedings and is\nentitled to attend the confirmation hearing regarding the police\nDVO under Division 3.\n(3) If a copy of the police DVO is to be given to the respondent\npersonally, the police officer must explain to the respondent:\n(c) the duration of the police DVO under section 34; and\n(d) that the respondent has a right to apply for a review of the\npolice DVO under Division 2.\n\nDomestic and Family Violence Act 2007 32\n(4) As far as it is reasonably practicable to do so, the explanation given\n(5) For subsection (1)(b), the police officer may give a copy of the\npolice DVO to the Court by means of electronic communication.\n(6) A failure to comply with this section does not affect the validity of a\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Police DVO taken to be summons to appear before Court","content":"31 Police DVO taken to be summons to appear before Court\nThe copy of a police DVO given to the respondent is taken to be a\nsummons to the respondent to appear at a Court hearing, at the\ndate and place shown on it, to show cause why the police DVO\nshould not be confirmed by the Court.\nNotes for section 31\n1 Division 3 provides for the confirmation of police DVOs by the Local Court.\n2 On confirmation of a police DVO, conduct that constitutes a contravention of\nthe DVO may still be an offence even if the Court order made on the hearing\nis not given to the respondent before the respondent engages in the conduct,\nsee section 120(2).\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Criminal history and report of respondent","content":"32 Criminal history and report of respondent\n(1) As soon as practicable after a police DVO is made, the\nCommissioner must file in the Court:\n(a) the respondent's criminal history (if any); and\n(b) a report in accordance with subsection (2).\n(2) The report filed by the Commissioner under subsection (1) must\ninclude the details of the respondent's entire DVO history, including\nthe following:\n(a) a list of every DVO in which the respondent is named, either\nas a respondent or a protected person;\n(b) the details of any DVO contravened by the respondent;\n(c) the details of any DVO involving the respondent and any\nperson other than the protected person;\n(d) if requested by the Court – any DVO nationally recognised\norders involving the respondent, including any from another\nTerritory, a State or another country.\n\nDomestic and Family Violence Act 2007 33\n(3) The respondent's criminal history and report filed under\nsubsection (1) are evidence of the matter specified for the purposes\nof confirmation of the police DVO.\n(4) To avoid doubt, the respondent's criminal history and report filed\nunder subsection (1) are not to be used as evidence in the\nprosecution of an offence against this Act or any other law of the\n(5) If the respondent has no DVO history, the Commissioner must still\nfile the report under subsection (1) specifying that fact.\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Report of protected person","content":"33 Report of protected person\n(1) As soon as practicable after a police DVO is made, the\nCommissioner must file in the Court a report with the details of the\nprotected person's entire DVO history, including the following:\n(a) a list of every DVO in which the protected person is named,\neither as a respondent or a protected person;\n(b) the details of any DVO contravened by the protected person;\n(c) the details of any DVO involving the protected person and any\nperson other than the respondent;\n(d) if requested by the Court – any DVO nationally recognised\norders involving the protected person, including any from\nanother Territory, a State or another country.\n(2) A report filed under subsection (1) is evidence for the purposes of\nreview or confirmation of a police DVO.\n(3) If the protected person has no DVO history, the Commissioner must\nstill file the report under subsection (1) specifying that fact.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Duration of police DVO","content":"34 Duration of police DVO\n(1) A police DVO comes into effect when it is made.\n(2) A police DVO is in force until the earlier of the following:\n(a) when the police DVO is confirmed, with or without variation, by\nthe Court under Division 3;\n(b) when the police DVO is revoked by the Court under Division 2\nor 3.\nNote for subsection (2)(a)\nA police DVO confirmed under Division 3 becomes a court DVO, see section 48.\n\nDomestic and Family Violence Act 2007 34\n(3) Despite subsection (2), a police DVO confirmed under\nsection 48(1)(a) with a variation that results in more onerous\nrestraints, prohibitions, obligations or requirements imposed on the\nrespondent at a hearing at which the respondent did not appear\nremains in effect until the further hearing mentioned in\nsection 49(2).\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Application for review","content":"35 Application for review\nA party to a police DVO may apply to the Court for a review of the\npolice DVO at any time before the police DVO is confirmed under\nDivision 3.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"How application is made","content":"36 How application is made\n(1) If a party wants to apply for a review of the police DVO under\nsection 35:\n(a) the party must tell a police officer; and\n(b) the police officer must facilitate the application.\n(2) The application may be made by telephone or electronic\ncommunication.\n(3) To facilitate the application, the police officer must:\n(a) contact the Court; and\n(b) ensure the application complies with the rules of the Court and\npractice directions relating to making the application; and\n(c) ensure the Court is given the information relied on to make the\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Deciding application","content":"37 Deciding application\n(1) In reviewing the police DVO, the Court must consider the same\nmatters required to be considered in deciding:\n(a) whether or not to make a police DVO; and\n1 Part 2.2 provides for the matters to be considered in making a DVO and\n2 Section 28 specifies additional matters considered in making a police DVO.\n\nDomestic and Family Violence Act 2007 35\n(2) The Court may, by order:\n(a) confirm the police DVO (with or without variation); or\n(b) revoke the police DVO.\n(3) The Court must:\n(a) record the reasons for the decision; and\n(b) inform the police officer who facilitated the application of those\nreasons.\n(4) For subsection (2)(a), the Court may vary the police DVO for a\nperiod specified in the order.\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Action of police officer if police DVO confirmed with variation","content":"38 Action of police officer if police DVO confirmed with variation\n(1) If the Court makes an order confirming the police DVO with\nvariation, the police officer who facilitated the application must:\n(a) complete a form of order as directed by the Court, setting out\nthe variation to the police DVO; and\n(b) write on the order:\n(i) the name of the Judge; and\n(ii) the date and time it is made; and\n(iii) the reasons for the police DVO and the variation; and\n(iv) the date and place for the Court hearing for confirmation\nof the police DVO as varied.\n(2) As soon as practicable after the order is completed, the police\nofficer must give a copy of it:\n(a) to the parties to the police DVO; and\n(b) to the Court.\n(3) For subsection (2)(b), the police officer may give a copy of the order\nto the Court by means of electronic communication.\n\nDomestic and Family Violence Act 2007 36\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Action of police officer if police DVO confirmed without","content":"39 Action of police officer if police DVO confirmed without\nvariation\nIf the Court makes an order confirming the police DVO without\nvariation, the police officer who facilitated the application must\ninform the parties to the police DVO of:\n(a) the order; and\n(b) the reasons for it.\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Action of Court if police DVO confirmed with variation","content":"40 Action of Court if police DVO confirmed with variation\nIf the Court makes an order confirming the police DVO with\nvariation, the Court must inform the police officer who facilitated the\napplication of:\n(a) the terms of the police DVO as varied; and\npolice DVO as varied.\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Action of police officer if police DVO revoked","content":"41 Action of police officer if police DVO revoked\nIf the Court makes an order revoking the police DVO, the police\nofficer who facilitated the application must inform the parties to the\npolice DVO of:\n(a) the order; and\n(b) the reasons for it.\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Explanation of police DVO","content":"42 Explanation of police DVO\n(1) If the Court confirms the police DVO under this Division, the Court\nmust, if practicable, explain to the protected person and\nrespondent, for matters which the Court considers it necessary:\n(c) the duration of the police DVO under section 34.\n\nDomestic and Family Violence Act 2007 37\n(2) As far as it is reasonably practicable to do so, the explanation given\n(3) A failure to comply with this section does not affect the validity of a\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Order taken to be summons to appear before Court","content":"43 Order taken to be summons to appear before Court\nIf the Court makes an order confirming the police DVO (with or\nwithout variation), the order given to the respondent under\nsection 38(2) is taken to be a summons to the respondent to appear\nat a Court hearing, at the date and place shown on it, to show\ncause why the police DVO should not be confirmed by the Court.\nNote for section 43\n","sortOrder":48},{"sectionNumber":"Div 3","sectionType":"division","heading":"provides for the confirmation of police DVOs by the Court.","content":"Division 3 provides for the confirmation of police DVOs by the Court.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Application of Division","content":"44 Application of Division\nThis Division applies in relation to a police DVO if the respondent is\nsummoned under section 31 or 43 to appear at a Court hearing to\nshow cause why the police DVO should not be confirmed.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Place of hearing","content":"45 Place of hearing\n(1) Subject to subsections (2) and (3), a summons under section 31 or\n43 must specify the place of the hearing to be the Court that is\nlocated closest to the place of residence of the protected person.\n(2) Despite subsection (1), if the respondent is a young person the\napplication must be heard in the Youth Justice Court mentioned in\n(3) For subsection (1), in deciding the place of the hearing, the safety\nand protection of the protected person and each child (if any) of the\nprotected person or who usually resides with the protected person\nmust be the paramount consideration.\n(4) A failure to comply with subsection (1), (2) or (3) does not affect the\n\nDomestic and Family Violence Act 2007 38\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Parties to hearing","content":"46 Parties to hearing\nThe following are also parties to the hearing:\n(a) the protected person;\n(c) the Commissioner;\n(d) any other party allowed by the Court.\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Considerations at hearing","content":"47 Considerations at hearing\nWhen making a decision under section 48(1), the Court must\nconsider whether the content of the police DVO should be varied.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Decision at hearing","content":"48 Decision at hearing\n(1) Subject to subsections (3) and (4), at the hearing the Court may, by\norder:\n(a) confirm the police DVO (with or without variation); or\n(b) revoke the police DVO.\n(2) For subsection (1)(a), the Court may vary the police DVO for a\nperiod specified in the order.\n(3) The Court must not confirm a police DVO unless the Court:\n(a) is satisfied that the respondent was given a copy of the police\n(b) considers any evidence before it and submissions from the\nparties to the police DVO.\n(4) A police DVO must not be revoked unless the Court determines\n(a) the grounds in section 18 were not satisfied; or\n(b) the DVO is inconsistent with any of the objects of this Act.\n(5) If the Court confirms a police DVO (with or without variation) under\nsubsection (1)(a), the Court must complete a form of order for the\ncourt DVO on the same terms as the police DVO (subject to any\nvariation under subsection (1)(a)).\n\nDomestic and Family Violence Act 2007 39\n(6) Despite subsection (5), if the Court confirms a police DVO under\nsubsection (1)(a), at a hearing at which the respondent did not\nappear, with a variation that results in more onerous restraints,\nrespondent, the Court must not complete the form of order until\nafter the further hearing mentioned in section 49(2).\nNotes for section 48\n1 A police DVO confirmed under this section becomes a court DVO and can be\nextended, varied or revoked under Parts 2.6, 2.7, 2.8 and 2.9.\n2 Part 2.2 provides for the matters to be considered in making a DVO and\n49 Respondent failing to appear at hearing\n(1) If the Court confirms a police DVO under section 48(1)(a), at a\nhearing at which the respondent did not appear, with a variation\nthat results in more onerous restraints, prohibitions, obligations or\nrequirements imposed on the respondent:\n(a) the respondent has a period of 42 days after the day the\nvaried police DVO is confirmed within which to object to the\npolice DVO and the variation; and\n(b) if the Court has an address for service or other fixed address\nfor the respondent – the Court must arrange for the\nrespondent to be personally served with an invitation (in the\napproved form) to express an opinion on the confirmation of\nthe varied police DVO and give that opinion (in the approved\nform) to the Court; and\n(c) the Court must set a further hearing for confirmation of the\nvaried police DVO on a date specified by the Court; and\n(d) the Court must notify the parties of the date and place of the\nfurther hearing; and\n(e) to avoid doubt, the police DVO as varied remains in force\nduring the period before the date specified by the Court for the\nfurther hearing for confirmation of the varied police DVO.\n(2) The Court must at the further hearing for confirmation of the varied\npolice DVO:\n(a) consider any opinion expressed by the respondent in the\napproved form returned under subsection (1)(b); and\n(b) if the respondent appears at the further hearing – consider any\nsubmission of the respondent given in the approved form; and\n\nDomestic and Family Violence Act 2007 40\n(c) if the respondent does not appear at the further hearing –\nconfirm the police DVO as varied under section 48; and\n(d) subject to paragraph (c), confirm the police DVO (with or\nwithout variation) or revoke the police DVO under section 48.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Notice of order","content":"50 Notice of order\nsection 48, a registrar must give to the parties to the police DVO:\n(a) if the Court confirms the police DVO (with or without\nvariation) – a copy of the court DVO; or\n(b) if the Court revokes the police DVO – written notice of the\nrevocation.\nNote for section 50\n","sortOrder":55},{"sectionNumber":"Div 1","sectionType":"division","heading":"Power to make court DVO","content":"Division 1 Power to make court DVO\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Court DVO","content":"51 Court DVO\nThe Court may, by order, make a court DVO on an application\nunder Division 2.\nNotes for section 51\n1 The Court is an issuing authority and must consider the matters under\nsection 19 in deciding whether to make a court DVO.\n2 Part 2.2 provides for the matters to be considered in making of DVO and\n52 Who may apply for court DVO\n(1) Any of the following persons may apply for a court DVO under this\nPart:\n(a) an adult or young person in a domestic relationship with the\nrespondent;\n(b) an adult acting for a person (whether an adult or child) in a\ndomestic relationship with the respondent;\n\nDomestic and Family Violence Act 2007 41\n(c) a child protection officer;\n(d) a police officer.\n(2) An application may be made by, or for, only one person even\nthough more than one protected person may be named as the\nprotected person in the application.\n(3) A young person must not apply for a court DVO without the leave of\nthe Court.\n(4) The Court must not grant leave for a young person to apply unless\nsatisfied that:\n(a) the young person understands:\n(i) the nature, purpose and legal effect of the application;\nand\n(ii) the legal effect of the making of a court DVO; and\n(b) the young person has the capacity to make the application.\n(5) An application for a court DVO must not name more than\none person as the protected person, unless each additional\nprotected person named in the court DVO is:\n(a) a child of the protected person; or\n(b) a person who usually resides with the protected person; or\n(c) without limiting paragraphs (a) or (b), a person under the care\nof the protected person.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"When application must be made for child","content":"53 When application must be made for child\n(1) A police officer or child protection officer must apply for a court\nDVO for the protection of a child if the officer believes on\nreasonable grounds:\n(a) domestic violence was committed, is being committed or is\nlikely to be committed; and\n(b) the child's wellbeing was, is or is likely to be adversely\naffected by the violence.\n(2) Despite subsection (1), an application does not need to be made if\nthe officer believes on reasonable grounds:\n(a) a DVO is already in force against the respondent for the\nchild's protection; or\n\nDomestic and Family Violence Act 2007 42\n(b) a police DVO will be made against the respondent for the\nchild's protection; or\n(c) another application for a court DVO will be made for the child's\nprotection; or\n(d) a court DVO is not necessary for the child's protection\nbecause an order is in force for the child's protection under\nanother Act.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"How application is made","content":"54 How application is made\n(1) An application for a court DVO must:\n(2) The applicant for a court DVO must file the application in the Court\nthat is located closest to the place of residence of the protected\n(3) Despite subsection (2), if the respondent is a young person the\napplication must be filed in the Youth Justice Court mentioned in\n(4) A failure to comply with subsection (2) or (3) does not affect the\n(5) As soon as practicable after the application is filed under\nsubsection (1), a registrar must give written notice to the parties to\nthe court DVO of the date and place for the hearing of the\napplication.\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Place of hearing","content":"55 Place of hearing\n(1) The Court must hear the application at the Court that best serves\nthe interests of justice and safety and protection of the protected\n(2) Despite subsection (1), if the respondent is a young person the\napplication must be heard in the Youth Justice Court mentioned in\n(3) For subsection (1), in deciding the place of the hearing, the safety\nand protection of the protected person and each child (if any) of the\nprotected person or who usually resides with the protected person\nmust be the paramount consideration.\n\nDomestic and Family Violence Act 2007 43\n(4) A failure to comply with subsection (1), (2) or (3) does not affect the\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Dismissal if application likely to be contrary to objects of Act","content":"56 Dismissal if application likely to be contrary to objects of Act\n(1) The Court may dismiss or strike out an application for a court DVO\nif the Court is satisfied that making a court DVO is likely to be\ncontrary to any of the objects of the Act.\n(2) A decision may be made under subsection (1) at any time after the\napplication is filed, regardless of whether notice about the hearing\nof the application is given to the parties to the court DVO.\n(3) As soon as practicable after making a decision under\nsubsection (1), the Court must give the parties written notice of the\ndecision.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Criminal history and report of respondent","content":"57 Criminal history and report of respondent\n(1) If an application for a court DVO is made under Division 2, the\nCourt may request the Commissioner to file in the Court:\n(a) the respondent's criminal history (if any); and\n(b) a report in accordance with section 32(2).\n(2) The respondent's criminal history and report filed under\nsubsection (1) are evidence of the matter specified for the purposes\nof confirmation of the court DVO.\n(3) To avoid doubt, the respondent's criminal history and report filed\nunder subsection (1) are not to be used as evidence in the\nprosecution of an offence against this Act or any other law of the\n(4) If the respondent has no DVO history, the Commissioner must still\nfile the report under subsection (1) specifying that fact.\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Report of protected person","content":"58 Report of protected person\n(1) If at any time after an application for a court DVO is made under\nDivision 2, the Court is not satisfied that the protected person is\ncorrectly identified among the parties, the Court may request the\nCommissioner to file in the Court a report of the protected person\nwith the information required under section 33(1).\n(2) A report filed under subsection (1) is evidence for the purposes of\nmaking a court DVO.\n\nDomestic and Family Violence Act 2007 44\n","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Court may decide application in absence of respondent","content":"59 Court may decide application in absence of respondent\nThe Court may decide an application for a court DVO even if the\nrespondent does not appear at the hearing of the application.\n","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"When registrar must not decide application","content":"60 When registrar must not decide application\nA registrar must not decide an application for a court DVO unless:\n(a) notice to the respondent to appear at the hearing of the\napplication was given to the respondent before the hearing;\nand\n(b) the respondent does not appear at the hearing of the\napplication.\nNote for section 60\nUnder section 65, the registrar may make a court DVO if the respondent appears\nat the hearing and the parties consent to the making of the DVO.\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Referral of application to Court","content":"61 Referral of application to Court\n(1) If a registrar is deciding an application, the registrar must refer the\napplication to the Court for its decision if:\n(a) the registrar is not satisfied that a court DVO should be made\nagainst the respondent; or\n(b) the respondent appears at the hearing of the application and\ndoes not consent to a court DVO being made.\n(a) make the court DVO sought; or\nregistrar may make the court DVO.\n\nDomestic and Family Violence Act 2007 45\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Court may refuse to hear application or order stay of","content":"62 Court may refuse to hear application or order stay of\nproceeding\n(1) If the Court is satisfied that an application for a court DVO under\n","sortOrder":67},{"sectionNumber":"Div 2","sectionType":"division","heading":"is frivolous, vexatious or an abuse of the process of the","content":"Division 2 is frivolous, vexatious or an abuse of the process of the\nCourt, the Court may decide:\n(a) to refuse to hear the application; or\n(b) if a hearing for the application has started – to order a stay of\nthe proceeding.\n(2) A decision may be made under subsection (1) at any time after the\napplication is filed, regardless of whether notice about the hearing\nof the application is given to the parties to the court DVO.\n(3) As soon as practicable after making a decision under\nsubsection (1), the Court must give the parties to the court DVO\nwritten notice of the decision.\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Notice of court DVO","content":"63 Notice of court DVO\nAs soon as practicable after the Court makes a court DVO under\nthis Part, a registrar must give a copy of it to:\nNote for section 63\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Interim court DVO","content":"64 Interim court DVO\n(1) At any time during the proceeding for the hearing of an application\nfor a court DVO under this Part or for the variation or revocation of\na court DVO under Part 2.6, the Court may make an interim court\nDVO under this section.\n\nDomestic and Family Violence Act 2007 46\n(2) The Court may make an interim court DVO:\n(a) even if the respondent does not appear at the hearing for the\napplication for the court DVO or the variation or revocation of\nthe court DVO; or\n(b) if the respondent does appear at the hearing:\n(i) before hearing the respondent's evidence; or\n(ii) despite the respondent objecting to the interim court\nDVO being made; or\n(c) before the respondent is given notice of the application for the\nDVO under section 54(5).\n(3) An interim court DVO comes into effect when it is made.\n(4) An interim court DVO is in force until revoked by the Court, subject\nto variation by the Court on an interim basis or replaced by a\nconfirmed court DVO.\nUnder section 103H a court DVO can be superseded in certain circumstances by\nan interstate DVO that is a recognised DVO in the Territory.\n(5) The Court may vary the interim court DVO at any time, including\nbefore the respondent is given notice of the application for the court\nDVO under section 54(5).\n(6) As soon as practicable after the Court makes an interim court DVO\nunder this section, a registrar must give a copy of it to:\nNote for subsection (6)\n\nDomestic and Family Violence Act 2007 47\n","sortOrder":70},{"sectionNumber":"65","sectionType":"section","heading":"When DVO may be made on consent","content":"65 When DVO may be made on consent\n(1) On an application made under Division 2 for a court DVO, the Court\nmay make a DVO under this Division if the parties to the DVO\nconsent to it being made.\nThe Court may vary or revoke a consent DVO under Part 2.6 on an application or\non the Court's own initiative.\n(2) A court DVO may be made on consent even if the respondent did\nnot admit or expressly denied:\n(a) an allegation made against the respondent; or\n(b) the grounds of the application.\n(3) To avoid doubt, a court DVO must not be made on consent unless\nthe Court is satisfied of the grounds in section 18.\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Referral of application to Court","content":"66 Referral of application to Court\n(1) If a registrar is deciding the application under this Part, the registrar\nmust refer the application to the Court for decision if the registrar is\nnot satisfied that a court DVO should be made on consent.\n(a) make the court DVO sought; or\nregistrar may make the court DVO.\n","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"No service of documents","content":"67 No service of documents\nA party must not serve documents in the proceeding on another\n\nDomestic and Family Violence Act 2007 48\n","sortOrder":73},{"sectionNumber":"68","sectionType":"section","heading":"Notice of court DVO on consent","content":"68 Notice of court DVO on consent\nAs soon as practicable after the Court makes a DVO on consent, a\nregistrar must give a copy of it to:\nNote for section 68\nDivision 1 Power to vary or revoke court DVO\n","sortOrder":74},{"sectionNumber":"69","sectionType":"section","heading":"Order to vary or revoke court DVO","content":"69 Order to vary or revoke court DVO\n(1) The Court may, by order, vary or revoke a court DVO:\n(a) on an application made under Division 2; or\n(b) on its own initiative.\n(2) An order under this this Part may be made in relation to a court\nDVO made under:\n(a) Part 2.4, Division 3; or\n(b) Part 2.5, Division 2 or 5.\nNote for section 69\nThis section Part does not apply to an interim court DVO made under section 64.\nSee Part 2.5, Division 4 for the making of interim court DVOs.\n","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"Who may apply for variation or revocation","content":"70 Who may apply for variation or revocation\n(1) Any of the following persons may apply to the Court for an order\nvarying or revoking a court DVO:\n(a) a protected person who is an adult or young person;\n(b) a police officer or adult acting for a protected person;\n\nDomestic and Family Violence Act 2007 49\n(c) if the protected person is a child:\n(i) a child protection officer; or\n(ii) a parent of the child, unless any parent is the\nrespondent;\n(d) the respondent;\n(e) a person granted leave by the Court to make the application.\n(2) An application may be made by, or for, only one person even\nthough more than one protected person is named as the protected\nperson in the court DVO.\n(3) The respondent must not apply for the order without the leave of\nthe Court.\n(4) The Court must not grant leave to the respondent unless satisfied\nthat there is a substantial change in the circumstances related to\nthe commission of domestic violence since the court DVO was\nmade or last varied.\n(5) Without limiting subsection (4), a change in the circumstances\nrelated to the commission of domestic violence arises if:\n(a) there is a change in circumstances relating to affected\nchildren, including their care arrangements; or\n(b) the respondent satisfactorily completes a rehabilitation\nprogram or a perpetrators' program.\n","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Filing application","content":"71 Filing application\nAn application under section 70 must:\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Notice of hearing of application","content":"72 Notice of hearing of application\nAs soon as practicable after the application is filed under\nsection 71, a registrar must give written notice of the date and place\nfor the hearing of the application to:\n\nDomestic and Family Violence Act 2007 50\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Right to be heard before decision is made","content":"73 Right to be heard before decision is made\nThe Court must not vary or revoke the court DVO unless the\nfollowing persons have an opportunity to be heard on the matter of\nthe variation or revocation:\n(a) persons who, in the Court's opinion, have a direct interest in\nthe outcome;\n(b) for an application relating to a court DVO that was a police\nDVO confirmed by the Court under Part 2.4, Division 3 – the\nCommissioner.\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Interim variation of court DVO","content":"74 Interim variation of court DVO\nThe Court may, during the hearing of an application for an order to\nvary or revoke a court DVO, make an interim order to vary the court\nDVO until the application is finally decided.\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"What must be considered before making order","content":"75 What must be considered before making order\nIn deciding whether to make an order to vary or revoke a court DVO\nunder section 69 or to make an interim court order to vary a court\nDVO under section 74, the Court must consider the same matters\nrequired to be considered in deciding:\n(a) whether or not to make a DVO; and\nNote for section 75\n","sortOrder":81},{"sectionNumber":"76","sectionType":"section","heading":"Notice of order","content":"76 Notice of order\nsection 69 or 74, a registrar must give to the parties to the court\nDVO and the Commissioner:\n(a) a copy of the order; and\nNote for section 76\n\nDivision 4 Special provisions for variation and revocation without hearing\nDomestic and Family Violence Act 2007 51\nDivision 4 Special provisions for variation and revocation\nwithout hearing\n77 Application of Division\nThis Division applies in relation to an application made under\nDivision 2 for an order to vary or revoke a court DVO if:\n(a) the Court is satisfied that it is not practicable to comply with\nsection 73; and\n(b) the protected person had an opportunity to be heard on the\nmatter of the variation or revocation.\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"Deciding application","content":"78 Deciding application\n(1) In deciding whether to make an order under this Division to vary or\nrevoke a court DVO, the Court must consider the same matters\nrequired to be considered in deciding:\n(a) whether to make a DVO; and\n(2) The Court may decide the application even if:\n(a) the respondent was not given an opportunity to answer any\nallegation in it; and\n(b) another person, other than a protected person who is an adult\nor a young person, has a direct interest in the outcome and\ndid not have an opportunity to be heard on the matter.\n(3) Despite subsection (1), the Court may make an order varying or\nrevoking the court DVO without complying with that subsection if\nthe Court is satisfied that exceptional circumstances justify making\nthe order.\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"Referral of application to Court","content":"79 Referral of application to Court\n(1) If a registrar is deciding an application under this Part, the registrar\nmust refer the application to the Court for decision if:\n(a) the registrar is not satisfied that an order should be made to\nvary or revoke the court DVO; or\n\n","sortOrder":84},{"sectionNumber":"Div 5","sectionType":"division","heading":"Variation and revocation with consent of parties","content":"Division 5 Variation and revocation with consent of parties\nDomestic and Family Violence Act 2007 52\n(b) the respondent appears at the hearing of the application and\ndoes not consent to an order being made.\n(a) make the order sought; or\nregistrar may make an order varying or revoking the court DVO.\n","sortOrder":85},{"sectionNumber":"80","sectionType":"section","heading":"Notice of order","content":"80 Notice of order\nAs soon as practicable after making an order under this Division, a\nregistrar must give the parties to the court DVO and the\nCommissioner:\n(a) a copy of the order; and\n","sortOrder":86},{"sectionNumber":"81","sectionType":"section","heading":"Order taken to be summons to appear before Court","content":"81 Order taken to be summons to appear before Court\nThe copy of the court DVO as varied given to the respondent under\nsection 80 is taken to be a summons to the respondent to appear at\na Court hearing, at the date and place shown on it, to show cause\nwhy the court DVO as varied should not be confirmed by the Court.\nNote for section 81\nPart 2.7 provides for the confirmation of court DVOs.\nDivision 5 Variation and revocation with consent of parties\n82 Application of Division\nThis Division applies in relation to an application made under\nDivision 2 for an order to vary or revoke a court DVO if the parties\nto the court DVO consent to the order.\n82A When order may be made\nThe Court may make the order even if another person who has a\ndirect interest in the outcome did not have an opportunity to be\nheard on the matter.\n\nDomestic and Family Violence Act 2007 53\n","sortOrder":87},{"sectionNumber":"82B","sectionType":"section","heading":"Referral of application to Court","content":"82B Referral of application to Court\n(1) If a registrar is deciding the application under this Division, the\nregistrar must refer the application to the Court for decision if the\nregistrar is not satisfied that an order should be made to vary or\nrevoke the court DVO.\n(a) make the order sought; or\nregistrar may make an order varying or revoking the court DVO.\n","sortOrder":88},{"sectionNumber":"82C","sectionType":"section","heading":"Notice of order","content":"82C Notice of order\nAs soon as practicable after the Court makes an order varying or\nrevoking the court DVO on consent, a registrar must give to the\nparties to the court DVO and the Commissioner:\nNote for section 82C\n","sortOrder":89},{"sectionNumber":"82D","sectionType":"section","heading":"Application of Part","content":"82D Application of Part\nThis Part applies in relation to a court DVO if the respondent is\nsummoned to appear before the Court under section 81 or 82Y to\nshow cause why the court DVO should not be confirmed.\nNote for section 82D\nSection 81 deals with a summons to the respondent for court DVOs made\nwithout a hearing. Section 82Y deals with a summons to the respondent for court\nDVOs varied in urgent circumstances.\n\nDomestic and Family Violence Act 2007 54\n","sortOrder":90},{"sectionNumber":"82E","sectionType":"section","heading":"Parties to hearing","content":"82E Parties to hearing\nThe following are parties to the hearing:\n(a) the protected person;\n(c) the Commissioner;\n(d) any other party allowed by the Court.\n","sortOrder":91},{"sectionNumber":"82F","sectionType":"section","heading":"Decision at hearing","content":"82F Decision at hearing\n(1) Subject to subsection (2), at the hearing, the Court may, by order:\n(a) confirm the court DVO (with or without variation); or\n(b) revoke the court DVO.\n(2) The Court must not confirm the court DVO unless:\n(a) satisfied that the respondent was given a copy of the court\n(b) the Court considered any evidence before it and submissions\nfrom the parties to the court DVO.\n","sortOrder":92},{"sectionNumber":"82G","sectionType":"section","heading":"Notice of order","content":"82G Notice of order\nsection 82F, a registrar must give to the parties to the court DVO:\nNote for section 82G\n","sortOrder":93},{"sectionNumber":"82H","sectionType":"section","heading":"When Court may extend court DVO","content":"82H When Court may extend court DVO\nDespite section 27, the Court may, by order, extend a court DVO:\n(a) on an application made under section 82J(1); or\n(b) on its own initiative.\n\nDomestic and Family Violence Act 2007 55\n","sortOrder":94},{"sectionNumber":"82J","sectionType":"section","heading":"Application to extend duration of court DVO","content":"82J Application to extend duration of court DVO\n(1) A party may apply to the Court to extend the duration of a court\nDVO:\n(a) for an interim period; or\n(b) for a period specified in the application.\n(2) Despite section 27, within 6 months after the date of expiry\nspecified in a court DVO, a party may apply to extend the duration\nof the court DVO for a period specified in the application.\n","sortOrder":95},{"sectionNumber":"82K","sectionType":"section","heading":"How application is made","content":"82K How application is made\nAn application under section 82J(1) must:\n","sortOrder":96},{"sectionNumber":"82L","sectionType":"section","heading":"Notice of hearing of application","content":"82L Notice of hearing of application\n(1) As soon as practicable after the application is filed under\nsection 82J(1), a registrar must give written notice of the date and\nplace for the hearing of the application to:\n(a) the parties to the court DVO or each person who was a party\nto the expired court DVO; and\n(2) If the Court extends a court DVO on its own initiative, a registrar\nmust give written notice of extension to:\n(a) the parties to the court DVO or each person who was a party\nto the expired court DVO; and\n","sortOrder":97},{"sectionNumber":"82M","sectionType":"section","heading":"What must be considered before extending court DVO","content":"82M What must be considered before extending court DVO\nIn deciding whether to extend the court DVO, the Court must\nconsider the same matters that are required to be considered in\ndeciding:\n(a) whether or not to make a DVO; and\n\nDomestic and Family Violence Act 2007 56\nNote for section 82M\n","sortOrder":98},{"sectionNumber":"82N","sectionType":"section","heading":"Decision of extension","content":"82N Decision of extension\n(1) Subject to subsection (2), the Court may extend a court DVO for a\nperiod specified in the application only if satisfied that there are\nreasonable grounds for the protected person to fear the respondent\ncommitting domestic violence:\n(a) when the court DVO expires; or\n(b) if the court DVO is expired – while the court DVO is expired.\n(2) The order must specify a period of extension that commences on or\nafter the day the Court makes the order.\n(3) The Court must not consider the following as indicating the absence\nof reasonable grounds for the protected person to fear the\nrespondent committing domestic violence:\n(a) the respondent does not commit domestic violence while the\ncourt DVO is in force;\n(b) without limiting paragraph (a), the respondent complies with\nthe court DVO.\n","sortOrder":99},{"sectionNumber":"82P","sectionType":"section","heading":"Interim extension of court DVO","content":"82P Interim extension of court DVO\n(1) At any time after an application is made under section 82J(1) the\nCourt may extend the court DVO for an interim period.\n(2) The Court may extend the court DVO for an interim period:\n(a) even if the respondent does not appear at the hearing; or\n(b) if the respondent appears at the hearing:\n(i) before hearing the respondent's evidence; or\n(ii) despite the respondent objecting to the order being\nmade.\n(3) The interim extension of the court DVO is in force until the earlier of\nthe following:\n(a) when it is revoked by the Court;\n\nDomestic and Family Violence Act 2007 57\n(b) when a decision on the application is made under\nsection 82N.\nNote for subsection (3)\nUnder section 103H a court DVO can be superseded in certain circumstances by\nan interstate DVO that is a recognised DVO in the Territory.\n","sortOrder":100},{"sectionNumber":"82Q","sectionType":"section","heading":"Notice of order","content":"82Q Notice of order\nAs soon as practicable after the Court extends the court DVO, a\nregistrar must give the persons who received notice of the hearing\nunder section 82L:\n(b) if the court DVO is extended – a copy of the court DVO as\nextended.\nNote for section 82Q\nPart 2.9 Variation of court DVO or police DVO in urgent\ncircumstances\n","sortOrder":101},{"sectionNumber":"82R","sectionType":"section","heading":"DVOs to which Part applies","content":"82R DVOs to which Part applies\nThis Part applies in relation to the following DVOs:\n(a) a court DVO made under Part 2.4, Division 3, Part 2.5,\nDivision 2 or 5 or Part 2.7;\n(b) a police DVO.\n","sortOrder":102},{"sectionNumber":"82S","sectionType":"section","heading":"When application may be made","content":"82S When application may be made\n(1) A police officer may apply to the Court for an order varying a DVO\nif:\n(a) in the case of a court DVO – it is not practicable to obtain an\norder varying the court DVO under Part 2.6 because of urgent\ncircumstances; or\n(b) in the case of a police DVO – the terms of the police DVO\nshould be varied before the hearing of the proceeding for the\nconfirmation of the police DVO because of urgent\ncircumstances.\n\nDomestic and Family Violence Act 2007 58\n(2) For subsection (1), the police officer must not make the application\nunless satisfied that there is a substantial change in the\ncircumstances related to the commission of domestic violence since\nthe DVO was made or last varied.\n(3) Without limiting subsection (2), a change in the circumstances\nrelated to the commission of domestic violence arises if:\n(a) there is a change in circumstances relating to affected\nchildren, including their care arrangements; or\n(b) the respondent satisfactorily completes a rehabilitation\nprogram or a perpetrators' program.\n","sortOrder":103},{"sectionNumber":"82T","sectionType":"section","heading":"How application is made","content":"82T How application is made\n(1) An application under section 82S may be made by telephone or any\nform of electronic communication.\n(2) The police officer must:\n(a) before making the application, complete the approved form by\nstating the grounds on which the variation of the DVO is\nsought; and\n(b) subsequently record on the form any additional information\ngiven to the Court orally.\n","sortOrder":104},{"sectionNumber":"82U","sectionType":"section","heading":"Deciding application","content":"82U Deciding application\n(1) In deciding whether to make an order varying a DVO, the Court\nmust consider the same matters required to be considered in\ndeciding:\n(a) whether to make a DVO; and\nNote for subsection (1)(a)\n(2) The Court may by order:\n(a) vary the DVO; or\n(b) refuse to vary the DVO.\n\nDomestic and Family Violence Act 2007 59\n(3) The Court may decide the application even if:\n(a) the respondent was not given an opportunity to answer any\nallegation in it; or\n(b) another person who has a direct interest in the outcome did\nnot have an opportunity to be heard on the matter.\n","sortOrder":105},{"sectionNumber":"82V","sectionType":"section","heading":"What Court must do if application is refused","content":"82V What Court must do if application is refused\nIf the Court refuses to make an order varying the DVO, the Court\nmust:\n(a) record the reasons for the decision; and\n(b) inform the police officer who applied for the order of those\nreasons.\n","sortOrder":106},{"sectionNumber":"82W","sectionType":"section","heading":"What Court must do if variation order is made","content":"82W What Court must do if variation order is made\n(1) If the Court makes an order varying the DVO, the Court must record\non the order:\n(a) the reasons for making it; and\nDVO as varied.\n(2) The time for the Court hearing for confirmation of the DVO as\nvaried must be as soon as practicable after the variation order is\nmade.\n(3) The Court must inform the police officer who applied for the order:\n(a) of the terms of the order; and\n(b) of the reasons for making it; and\n(c) the date and place for the Court hearing for confirmation of the\nDVO as varied.\n","sortOrder":107},{"sectionNumber":"82X","sectionType":"section","heading":"What police officer must do when variation order is made","content":"82X What police officer must do when variation order is made\n(1) If the Court makes an order varying the DVO, the police officer who\napplied for the order must:\n(a) complete a form of order as directed by the Court, setting out\nthe variation to the DVO; and\n\nPart 2.10 DVOs made by courts in criminal proceedings\nDomestic and Family Violence Act 2007 60\n(b) write on the order:\n(i) the name of the Judge; and\n(ii) the date and time it is made.\n(2) As soon as practicable after completion of the order, the police\nofficer must:\n(a) give a copy of the DVO as varied to the parties to the DVO;\nand\n(b) give a copy of it to the Court.\nNote for subsection (2)(a)\n(3) For subsection (2)(b), the police officer may give a copy of the order\nto the Court by means of electronic communication.\n","sortOrder":108},{"sectionNumber":"82Y","sectionType":"section","heading":"Order taken to be summons to appear before Court","content":"82Y Order taken to be summons to appear before Court\nIf the Court makes an order varying the DVO under\nsection 82U(2)(a), the copy of the order given to the respondent is\ntaken to be a summons to the respondent to appear at a Court\nhearing, at the date and place shown on it, to show cause why the\nDVO should not be confirmed by the Court.\nNote for section 82Y\nPart 2.4, Division 3 provides for the confirmation of police DVOs and Part 2.7\nprovides for the confirmation of court DVOs.\nPart 2.10 DVOs made by courts in criminal proceedings\n83 Power of court if person guilty of related offence\n(1) If a person before a court pleads guilty to, or is found guilty of, an\noffence that involves committing domestic violence, the court must\nconsider whether or not to make a DVO against the person.\n(2) The court may make a DVO against the person if satisfied that a\ncourt DVO could be made against the person under Part 2.5.\n(3) In considering whether or not to make a DVO under subsection (2),\nthe court may invite submissions from the parties and the\nprosecutor.\n(4) Despite section 48(3)(a), if the person is summoned to appear\nbefore the Court to show cause why a police DVO should not be\n\nDomestic and Family Violence Act 2007 61\nconfirmed and the court decides to make a DVO under\nsubsection (2), the court may confirm the police DVO (with or\nwithout variation) without complying with section 48.\n(5) If a DVO is already in force against the person, the court:\n(a) must consider the DVO and whether, in the circumstances,\nthe DVO should be varied, including by varying the date the\nDVO ends; and\n(b) may vary the DVO if the court considers it necessary.\n(6) As soon as practicable after a DVO is made under subsection (2),\nconfirmed under subsection (4) or varied under subsection (5)(b),\nthe court must give a copy of it to:\n(a) the parties to the DVO; and\nNote for subsection (6)\n","sortOrder":109},{"sectionNumber":"84","sectionType":"section","heading":"Power to remove and detain","content":"84 Power to remove and detain\n(a) a police officer reasonably believes:\n(i) grounds exist for making a DVO against a person; and\n(ii) it is necessary to remove the person to prevent an\nimminent risk of harm to another person or damage to\nproperty, including the injury or death of an animal; or\n(b) a DVO has been made against a person and a police officer\nreasonably believes it is necessary to detain the person to\ngive the person a copy of the DVO; or\n(c) a DVO has been made against a person and a police officer\nreasonably believes it is necessary to detain the person until\nan application for the variation of the DVO can be made and\ndecided under Part 2.9.\n\nDomestic and Family Violence Act 2007 62\n(2) The police officer may, using reasonable force or assistance, do the\n(a) enter premises on or in which the officer reasonably believes\nthe person to be;\n(b) take the person into custody;\n(c) remove the person to the nearest police station or other place\nwhere the person can be conveniently detained to facilitate:\n(i) if subsection (1)(a) applies – the making of a DVO and, if\nmade, the giving of a copy of the DVO to the\nrespondent; or\n(ii) if subsection (1)(b) applies – the giving of a copy of the\nDVO to the respondent; or\n(iii) if subsection (1)(c) applies – the making of an\napplication for a variation of the DVO and, if varied, the\ngiving of a copy of the varied DVO to the respondent.\n(3) Subject to subsection (4), the person must not be detained for more\nthan 4 hours after being taken into custody.\n(4) The person may be detained for a longer time if a police officer is\nsatisfied it is necessary to do so to enable a police officer to\nproperly give a copy of the DVO to the person because of the\nperson's apparent intoxication.\n(5) However, the person may be detained for more than 6 hours after\nbeing taken into custody only if a police officer:\n(a) is satisfied the person is still intoxicated; and\n(b) informs a senior police officer of the need to continue to detain\nthe person; and\n(c) records the following information about the person's continued\ndetention in the custody log (however described):\n(i) the time and way the officer informed the senior police\nofficer;\n(ii) the details of the information given to the senior police\nofficer; and\n(d) arranges for a health practitioner (the examining health\npractitioner) to examine the person as soon as practicable.\n\nDomestic and Family Violence Act 2007 63\n(6) The senior police officer must ensure the person is released from\ncustody:\n(a) into the care of a health practitioner if, on examination, the\nexamining health practitioner is satisfied the person's\ncondition requires medical treatment; or\n(b) on the earlier of the following:\n(i) the person ceases to be intoxicated;\n(ii) 10 hours after being taken into custody.\n(7) In this section:\nhealth practitioner means:\n(a) a medical practitioner; or\n(b) a person registered under the Health Practitioner Regulation\nNational Law to practise in the nursing profession (other than\nas a student); or\n(c) a person registered under the Health Practitioner Regulation\nNational Law to practise in the Aboriginal and Torres Strait\nIslander health practice profession (other than as a student).\nintoxication means intoxication because of the influence of\nalcohol, a drug or another substance or any combination of them.\nsenior police officer means a police officer of or above the rank of\nsuperintendent.\n","sortOrder":110},{"sectionNumber":"85","sectionType":"section","heading":"Retrieval of respondent's personal property","content":"85 Retrieval of respondent's personal property\n(a) a DVO includes a premises exclusion order; and\n(b) personal property of the respondent is located on the\npremises the subject of the order.\n(2) The respondent may, if accompanied by a police officer:\n(a) enter the premises at any reasonable time; and\n(b) retrieve the property.\n(3) The respondent is not in contravention of the DVO merely because\nof entry of the premises and retrieval of the property under\nsubsection (2).\n\nDomestic and Family Violence Act 2007 64\n(4) The police officer may use reasonable force or assistance for the\nentry of the premises and retrieval of the property.\n85AA Retrieval of protected person's personal property\n(1) If personal property of the protected person or a child of the\nprotected person or child usually residing with the protected person\nis located on premises occupied by the respondent, the respondent\nmust permit the protected person to:\n(a) enter the premises at any reasonable time; and\n(b) retrieve the property.\n(2) The protected person must be accompanied by a police officer.\n(3) To avoid doubt, the respondent is not in contravention of the DVO\nmerely because of entry of the premises and retrieval of the\nproperty under subsection (1).\n(4) The police officer may use reasonable force and assistance for the\nentry of the premises and retrieval of the property.\n","sortOrder":111},{"sectionNumber":"85A","sectionType":"section","heading":"Declaration of rehabilitation program","content":"85A Declaration of rehabilitation program\n(1) The Minister may, by Gazette notice, declare a program to be a\nrehabilitation program for this Act if the primary objective of the\nprogram is to change the behaviour of a person who commits\ndomestic violence to:\n(a) reduce and prevent the person committing domestic violence;\nand\n(b) increase the safety and protection of persons with whom the\nperson is or may be in a domestic relationship; and\n(c) ensure the person accepts responsibility for the person's\nbehaviour.\n(2) The notice must specify the requirements of the program.\nExamples for subsection (2)\n1 That the respondent attend 16 weekly group sessions during a 5 month\nperiod.\n2 That the respondent attend individual meetings with the program facilitator on\nrequest.\n\nDomestic and Family Violence Act 2007 65\n3 That the respondent agree to independent checks on the safety of the\nprotected person while the respondent is participating in the program.\n","sortOrder":112},{"sectionNumber":"85B","sectionType":"section","heading":"Satisfactory completion of rehabilitation program","content":"85B Satisfactory completion of rehabilitation program\n(1) A respondent who is ordered to attend a rehabilitation program is\nconsidered to have satisfactorily completed the program if:\n(a) the respondent did not breach a DVO in force; and\n(b) the respondent did not commit any further domestic\n(c) the respondent did not commit an offence specified in\n","sortOrder":113},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"or 3 to the Sentencing Act 1995 after the order","content":"Schedule 2 or 3 to the Sentencing Act 1995 after the order\nwas made; and\n(d) the Court receives a completion notice under\nsection 85D(3)(a).\n(2) Despite subsection (1), the Court has discretion to find that a\nrespondent did satisfactorily complete a rehabilitation program if the\nCourt is of the opinion that to find that the respondent did not\nsatisfactorily complete the program would be unjust in the\ncircumstances.\n(3) The Court may make a finding under subsection (2) despite\nreceiving one or more non-compliance notices regarding the\nrespondent under section 85D(3)(b).\n(4) The Court must state its reasons for any finding made under\nsubsection (2).\n","sortOrder":114},{"sectionNumber":"85C","sectionType":"section","heading":"Failure to comply with rehabilitation program","content":"85C Failure to comply with rehabilitation program\nIf a respondent who is ordered to attend a rehabilitation program\nfails to comply with a requirement of the program, the failure does\nnot constitute a contravention of the DVO under section 120.\n","sortOrder":115},{"sectionNumber":"85D","sectionType":"section","heading":"Notification obligations of program facilitator","content":"85D Notification obligations of program facilitator\n(1) A program facilitator must notify both the police and the Court if the\nfacilitator:\n(a) becomes aware of a respondent committing domestic violence\nwhile the respondent is subject to an order to attend a\nrehabilitation program; or\n(b) becomes aware of a respondent engaging in conduct that\ncontravenes a DVO while the respondent is subject to an\norder to attend a rehabilitation program; or\n\nDomestic and Family Violence Act 2007 66\n(c) believes on reasonable grounds that a respondent who is\nsubject to an order to attend a rehabilitation program may\npresent an unacceptable risk to the safety or welfare of the\nprotected person or any other person.\n(2) The notice must be in writing and include the particulars of the\nrespondent's conduct of which the program facilitator is aware.\n(3) A program facilitator must provide the following to the Court:\n(a) if a respondent satisfactorily completes the requirements of a\nrehabilitation program – a completion notice;\n(b) if a respondent fails to comply with a requirement of a\nrehabilitation program – a non-compliance notice;\n(c) if requested by the Court – a participation notice summarising\nthe respondent's participation in a rehabilitation program.\n","sortOrder":116},{"sectionNumber":"85E","sectionType":"section","heading":"Bringing respondent before Court for review","content":"85E Bringing respondent before Court for review\n(1) The Court may require a respondent who is ordered to attend a\nrehabilitation program to appear before it from time to time for a\nreview of the respondent's progress in the program.\n(2) The Court may request the program facilitator to provide a\nparticipation notice under section 85D(3)(c) for a respondent prior\nto a review under subsection (1).\n(3) If the Court receives a non-compliance notice from a program\nfacilitator under section 85D(3)(b), the Court must require the\nrespondent to appear before it for a review of the respondent's\nprogress in a rehabilitation program.\n","sortOrder":117},{"sectionNumber":"85F","sectionType":"section","heading":"Additional power to bring respondent before Court","content":"85F Additional power to bring respondent before Court\n(1) The Court may issue a summons or warrant under subsection (2) if:\n(a) the Court is satisfied that the respondent significantly failed to\ncomply with the requirements of a rehabilitation program; or\n(b) the respondent fails to attend a review under section 85E; or\n(c) the Court believes that the respondent may present a risk to\nthe safety of the protected person or any other person.\n(2) The Court may:\n(a) issue a summons for the respondent to appear before the\nCourt; or\n\nDomestic and Family Violence Act 2007 67\n(b) if satisfied the respondent may not appear – issue a warrant\nfor the arrest of the respondent.\n(3) The summons or warrant may be issued on the Court's initiative or\non application.\n","sortOrder":118},{"sectionNumber":"85G","sectionType":"section","heading":"Revocation of order for rehabilitation program","content":"85G Revocation of order for rehabilitation program\nThe Court may revoke an order under section 24(1) requiring a\nrespondent to attend a rehabilitation program if satisfied on the\nbalance of probabilities that:\n(a) the respondent is unlikely or unable to make any further\nprogress under the order; or\n(b) there is an unacceptable risk to the safety or welfare of the\nprotected person or any other person.\n","sortOrder":119},{"sectionNumber":"86","sectionType":"section","heading":"DVO may be made regardless of criminal proceeding","content":"86 DVO may be made regardless of criminal proceeding\nA DVO may be made even if a criminal proceeding has been\nstarted against the respondent in relation to the domestic violence\nto which the DVO relates.\n","sortOrder":120},{"sectionNumber":"87","sectionType":"section","heading":"DVO not to affect other liability","content":"87 DVO not to affect other liability\nThe making of a DVO does not affect the civil or criminal liability of\nthe respondent in relation to the domestic violence to which the\nDVO relates.\n","sortOrder":121},{"sectionNumber":"88","sectionType":"section","heading":"Requirement to give documents to protected person","content":"88 Requirement to give documents to protected person\n(1) This section applies if, under this Part, a court, a registrar or a\npolice officer is required to give a document or information to the\nprotected person named in a DVO.\n(2) If there is more than 1 protected person, the document or\ninformation must be given to each of them.\n(3) However, the requirement applies only if the protected person is an\nadult or young person.\nExample for section 88\nUnder section 63, a registrar is required to give a copy of a court DVO to the\nparties to the DVO. Accordingly, the registrar must give a copy of the DVO to\neach of the protected persons named in the DVO or the person acting for them if\nthey are adults or young persons.\n\nDomestic and Family Violence Act 2007 68\n","sortOrder":122},{"sectionNumber":"89","sectionType":"section","heading":"Explanation of court DVO","content":"89 Explanation of court DVO\n(1) If a court confirms a police DVO under Part 2.4, Division 2 or 3 or\nmakes or varies a court DVO under Parts 2.5 to 2.10, an\nexplanation of the DVO must be given to any protected person and\nrespondent present, in matters for which the Court considers it\nnecessary.\n(1A) As far as it is reasonably practicable to do so, the explanation given\n(2) The issuing authority must explain to the protected person or\nrespondent:\n(a) the effect of the DVO, including:\n(i) any restraints, prohibitions, obligations or requirements\nimposed by the DVO; and\n(ii) the DVO may be registered and enforced, without notice\nto the respondent, in New Zealand; and\n(iii) the DVO may be enforced, without notice to the\nrespondent, in a State or another Territory that is a\nparticipating jurisdiction; and\ncontravenes the DVO, including that contravening a DVO is an\noffence against section 120(1); and\n(ba) the duration of the DVO; and\n(c) the way the DVO may be varied or revoked.\n(3) As far as it is reasonably practicable to do so, the explanation must\nbe given in a language or in terms that are likely to be readily\nunderstood by the person being given the explanation.\n(4) A failure to comply with this section for a DVO does not affect its\nvalidity.\n","sortOrder":123},{"sectionNumber":"90","sectionType":"section","heading":"Family law orders","content":"90 Family law orders\n(1) The applicant for a DVO must inform the issuing authority of:\n(a) any family law orders the person knows to be in force in\nrelation to the respondent; and\n\nDomestic and Family Violence Act 2007 69\n(b) any applications for family law orders in relation to the\nrespondent the person knows are pending.\n(2) If a police officer is considering making a police DVO:\n(a) the officer must make reasonable inquiries about the\nexistence or otherwise of:\n(i) any family law orders in force in relation to the\nrespondent; and\n(ii) any pending applications for family law orders in relation\nto the respondent; and\n(b) a person must, if asked to do so by the officer, inform the\nofficer of any such family law orders or applications.\n(3) A decision of an issuing authority is not invalid merely because of\nthe failure of a person to give information under subsection (1)\nor (2)(b).\n","sortOrder":124},{"sectionNumber":"91","sectionType":"section","heading":"Costs","content":"91 Costs\nIf the Court refuses an application to make a DVO or an order\nvarying a DVO, it must not award costs against the applicant unless\nit is satisfied the application for the DVO or variation was\nunreasonable and in bad faith.\n","sortOrder":125},{"sectionNumber":"91B","sectionType":"section","heading":"Registrar exercises powers as delegate of Court","content":"91B Registrar exercises powers as delegate of Court\n(1) This section applies in relation to the exercise, by a registrar, of a\npower under this Act to make, vary or revoke a DVO.\n(2) In exercising the power the registrar is acting as a delegate of the\nCourt.\n(3) The decision of the registrar is a decision of the Court.\n\nDomestic and Family Violence Act 2007 70\n","sortOrder":126},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Preliminary matters","content":"Part 3.1 Preliminary matters\n","sortOrder":127},{"sectionNumber":"92","sectionType":"section","heading":"Objects of Chapter","content":"92 Objects of Chapter\nThe objects of this Chapter are to provide for:\n(a) the registration of external orders, and the variation of\nregistered external orders, for their effective operation in the\nTerritory; and\n(b) the revocation of registered external orders.\n","sortOrder":128},{"sectionNumber":"93","sectionType":"section","heading":"Application for registration","content":"93 Application for registration\n(1) Any of the following persons may apply to the Court for the\nregistration of an external order:\n(a) the protected person named in the order;\n(b) a police officer or adult on behalf of the protected person.\n(2) The application must:\n(b) be accompanied by:\n(i) a copy of the order; and\n(ii) evidence the order has been given to the respondent.\n","sortOrder":129},{"sectionNumber":"94","sectionType":"section","heading":"Registration","content":"94 Registration\n(1) On receipt of the application, a registrar must:\n(a) register the external order; or\n(b) refer the order to the Court for modification.\n(2) On the referral, the Court may make the modifications to the order\nthe Court considers necessary or desirable for its effective\noperation in the Territory.\n(3) The registrar must register the modified external order.\n\nPart 3.3 Variation and cancellation of registered external orders\nDomestic and Family Violence Act 2007 71\n","sortOrder":130},{"sectionNumber":"95","sectionType":"section","heading":"Notice of registration","content":"95 Notice of registration\n(1) On registering the order, the registrar must:\n(a) give notice of registration of the order or modified order to:\n(i) the protected person; and\n(ii) the applicant if the application was not made by the\nprotected person or a police officer; and\n(iii) the registrar of the court that made the order; and\n(b) give the Commissioner a copy of the registered order.\n(2) The registrar must not give notice of the registration of the order or\na copy of the registered order to the respondent without the consent\nof the applicant.\n","sortOrder":131},{"sectionNumber":"96","sectionType":"section","heading":"Period of registration","content":"96 Period of registration\nThe external order is registered for the period during which it is in\nforce in the jurisdiction in which it was made.\n","sortOrder":132},{"sectionNumber":"97","sectionType":"section","heading":"Effect of registration","content":"97 Effect of registration\n(1) The registered external order is taken to be a court DVO that has\nbeen properly given to the respondent on the date it is registered.\n(2) Subsection (1) does not apply to a variation or revocation of a\nregistered external order if the order is a recognised DVO under\nChapter 3A and the variation or revocation is recognised in the\nTerritory under that Chapter.\nPart 3.3 Variation and cancellation of registered\nexternal orders\n98 Application for variation or cancellation of order\nAny of the following persons may apply to the Court for the\nregistration of the variation or cancellation of a registered external\norder:\n(a) the protected person named in the order;\n(b) a police officer or adult on behalf of the protected person;\n(c) the respondent.\n\nPart 3.3 Variation and cancellation of registered external orders\nDomestic and Family Violence Act 2007 72\n","sortOrder":133},{"sectionNumber":"99","sectionType":"section","heading":"How application is dealt with","content":"99 How application is dealt with\n(1) Part 3.2 applies (with the necessary changes) in relation to the\napplication as if it were an application under the Part.\n(2) Subsection (1) has effect subject to section 100.\n","sortOrder":134},{"sectionNumber":"100","sectionType":"section","heading":"Notice of registration","content":"100 Notice of registration\nA registrar must give notice of the registration of the order to the\nrespondent if the respondent made the application.\n\nDomestic and Family Violence Act 2007 73\nChapter 3A National recognition of domestic violence\n","sortOrder":135},{"sectionNumber":"101","sectionType":"section","heading":"Objects of Chapter","content":"101 Objects of Chapter\nThe object of this Chapter is to establish, in conjunction with the\ncorresponding laws, a national recognition scheme for DVOs\n(domestic violence orders).\n","sortOrder":136},{"sectionNumber":"102","sectionType":"section","heading":"Definitions","content":"102 Definitions\ncorresponding law means:\n(a) a law of another jurisdiction that contains provisions that\nsubstantially correspond with this Chapter; or\n(b) a law of another jurisdiction prescribed by regulation to be a\ncorresponding law for the purposes of this Chapter.\ndomestic violence concern, see section 103C.\ndomestic violence order means a local DVO, an interstate DVO\nor a foreign order.\nfinal DVO means a DVO that is not an interim DVO.\nforeign order means a New Zealand DVO.\ngeneral violence order means:\n(a) an intervention order under the Intervention Orders\n(Prevention of Abuse) Act 2009 (SA); or\n(b) a violence restraining order made under the Restraining\nOrders Act 1997 (WA), other than:\n(i) a violence restraining order made under section 11B of\nthat Act; or\n(ii) a police order under that Act.\ninterim DVO, means a DVO that is of an interim or provisional\nnature and, to avoid doubt, includes the following:\n(a) any DVO made by a police officer;\n\nDomestic and Family Violence Act 2007 74\n(b) any order declared by the regulations to be an interim DVO.\ninterstate DVO, see section 103A.\ninterstate law enforcement agency means:\n(a) the police force of another jurisdiction; or\n(b) any other agency of another jurisdiction responsible for the\nenforcement of DVO's in that jurisdiction; or\n(c) any other agency of another jurisdiction or the Commonwealth\napproved by the Minister and responsible for managing\ninformation for law enforcement purposes.\nissuing authority also includes a court or person with power to\nmake, vary or revoke a DVO under the law of a participating\njurisdiction.\nissuing jurisdiction, for a DVO, means the jurisdiction in which the\nDVO is made.\njurisdiction means a State or Territory.\nlocal DVO, see section 103.\nlocal law enforcement agency means:\n(a) the Police Force; or\n(b) any other agency of the Territory responsible for the\nenforcement of DVOs in the Territory.\nNew Zealand DVO means an order made under the Domestic\nViolence Act 1995 (NZ) or under an Act repealed by that Act.\nnon-local DVO means an interstate DVO or a foreign order.\nparticipating jurisdiction means the following jurisdictions:\n(a) the Territory;\n(b) a jurisdiction in which a corresponding law is enacted.\nproperly notified, see section 103L.\nprotected person means a person for whose protection or benefit\na DVO is made.\nrecognised DVO, see sections 103E and 103ZH.\n\nDomestic and Family Violence Act 2007 75\nrecognised variation, see section 103F.\nregistered foreign order, see section 103B.\n","sortOrder":137},{"sectionNumber":"103","sectionType":"section","heading":"Local DVO","content":"103 Local DVO\n(1) A local DVO means a court DVO or police DVO.\n(2) A registered foreign order is not a local DVO.\n","sortOrder":138},{"sectionNumber":"103A","sectionType":"section","heading":"Interstate DVO","content":"103A Interstate DVO\n(1) Each of the following is an interstate DVO:\n(a) a family violence order under the Family Violence Act 2016\n(ACT);\n(b) an apprehended domestic violence order or an interim\napprehended domestic violence order under the Crimes\n(Domestic and Personal Violence) Act 2007 (NSW);\n(c) a domestic violence order or police protection notice under the\nDomestic and Family Violence Protection Act 2012 (Qld);\n(d) an intervention order under the Intervention Orders\n(Prevention of Abuse) Act 2009 (SA) that addresses a\ndomestic violence concern;\n(e) a family violence order (FVO), interim FVO or police family\nviolence order (PFVO) under the Family Violence Act 2004\n(Tas);\n(f) a family violence intervention order or a family violence safety\nnotice under the Family Violence Protection Act 2008 (Vic);\n(g) the following orders under the Restraining Orders Act 1997\n(WA):\n(i) a violence restraining order that addresses a domestic\nviolence concern;\n(ii) any violence restraining order made under section 11B\nof that Act;\n(iii) a police order;\n(h) an order of a State or another Territory prescribed by\nregulation;\n\nDomestic and Family Violence Act 2007 76\n(i) an order under a law of a State or another Territory repealed\nby a law mentioned in paragraphs (a) to (h) if the repealed law\nprovided for an order to protect a person in a relationship\ncorresponding to a domestic relationship.\n(2) A registered foreign order is not an interstate DVO.\n","sortOrder":139},{"sectionNumber":"103B","sectionType":"section","heading":"Registered foreign order","content":"103B Registered foreign order\nA registered foreign order means a foreign order that is:\n(a) a registered external order under this Act; or\n(b) a registered external protection order under Part 13 of the\nCrimes (Domestic and Personal Violence) Act 2007 (NSW); or\n(c) a registered interstate order under the Domestic and Family\nViolence Protection Act 2012 (Qld); or\n(d) a foreign intervention order registered under Part 4 of the\nIntervention Orders (Prevention of Abuse) Act 2009 (SA); or\n(e) an external family violence order registered under section 27\nof the Family Violence Act 2004 (Tas); or\n(f) a corresponding New Zealand order registered under Part 10\nof the Family Violence Protection Act 2008 (Vic); or\n(g) a foreign restraining order registered under Part 7A of the\nRestraining Orders Act 1997 (WA); or\n(h) an order under a law of a State or another Territory prescribed\nby regulation; or\n(i) an order of a law of a State, another Territory or New Zealand\nrepealed by a law mentioned in paragraphs (a) to (g) if the\nrepealed law provided for registration of an order to protect a\nperson in a relationship corresponding to a domestic\nrelationship.\n","sortOrder":140},{"sectionNumber":"103C","sectionType":"section","heading":"Domestic violence concerns – SA and WA orders","content":"103C Domestic violence concerns – SA and WA orders\n(1) An intervention order under the Intervention Orders (Prevention of\nAbuse) Act 2009 (SA) addresses a domestic violence concern if\nthe order is made because it is reasonable to suspect that the\nrespondent will, without intervention, commit an act of domestic\nviolence (within the meaning of that Act).\n(2) A violence restraining order under the Restraining Orders Act 1997\n(WA) addresses a domestic violence concern if the order is made\n\nDomestic and Family Violence Act 2007 77\nbecause the respondenthas committed, or because it is feared the\ndefendant will commit, an act of family and domestic violence\n(within the meaning of section 6 of that Act).\n(3) For this Chapter, a general violence order is taken to be an order\nthat addresses a domestic violence concern if:\n(a) it is declared to be an order that addresses a domestic\nviolence concern by the issuing authority that makes the\norder; or\n(b) a registrar of a court of the jurisdiction in which the order was\nmade makes an order declaring the DVO to be a recognised\nDVO in that jurisdiction.\n(4) For this Chapter, the regulations may prescribe circumstances in\nwhich an order made in a participating jurisdiction is taken to be an\norder that addresses a domestic violence concern.\n","sortOrder":141},{"sectionNumber":"103D","sectionType":"section","heading":"Special provisions for foreign orders","content":"103D Special provisions for foreign orders\n(1) For this Chapter, a registered foreign order:\n(a) is taken to be made in the jurisdiction in which it is registered\nas a registered foreign order; and\n(b) is taken to be made when it becomes a registered foreign\norder in that jurisdiction.\n(2) For this Chapter, a registered foreign order is varied or revoked if its\nregistration as a registered foreign order is varied or revoked.\n(3) A power conferred by this Chapter to vary or revoke a registered\nforeign order is a power to vary or revoke registration of the order\nas a registered foreign order.\n","sortOrder":142},{"sectionNumber":"103E","sectionType":"section","heading":"Recognition of DVOs","content":"103E Recognition of DVOs\n(1) Each of the following DVOs is a recognised DVO in the Territory:\n(a) a local DVO;\n(b) an interstate DVO made in a participating jurisdiction;\n\nDomestic and Family Violence Act 2007 78\n(c) a foreign order that is a registered foreign order in any\n1 Recognition by way of a declaration by a registrar can also extend to DVOs\nmade in jurisdictions that are not, or are not yet, participating jurisdictions.\nSee Part 3A.6.\n2 An interstate DVO made after commencement will be recognised in the\nTerritory if it is made in a participating jurisdiction. Additionally, an interstate\nDVO made before commencement will be recognised in the Territory if, under\nthe law of a participating jurisdiction, it is a recognised DVO.\n(2) Subject to this Chapter, a DVO becomes a recognised DVO when it\nis made.\nNote for subsection (2)\n1 Under section 97, a foreign order is taken to be made when it is registered as\na registered foreign order.\n2 Under section 103J, a police DVO made where there is a recognised DVO in\nforce in relation to the same respondent and protected person does not\nbecome recognised until it is confirmed by a court under section 82.\n(3) Subject to this Chapter, a DVO is a recognised DVO for the period\nfor which it remains in force in the jurisdiction in which it is made.\n","sortOrder":143},{"sectionNumber":"103F","sectionType":"section","heading":"Variations to DVO","content":"103F Variations to DVO\n(1) A variation to a recognised DVO that is done in the Territory or\nanother jurisdiction is a recognised variation in the Territory in the\ncircumstances provided for by this section.\n(2) A variation to a local DVO is a recognised variation in the Territory if\nthe variation is done:\n(a) in the Territory by a court or any other person authorised to do\nso under this Act; or\n(b) in another participating jurisdiction by a court under a\ncorresponding law.\n(3) A variation to an interstate DVO or foreign order is a recognised\nvariation in the Territory if the variation is done:\n(a) in the issuing jurisdiction by a court or any other person\nauthorised to do so under the law of the issuing jurisdiction; or\n\nDomestic and Family Violence Act 2007 79\n(b) in any participating jurisdiction by a court under this Chapter or\na corresponding law.\nNote for subsection (3)\nUnder section 103D, the issuing jurisdiction for a foreign order is taken to be the\njurisdiction in which the order is registered.\n(4) A variation is recognised from the time it is done.\n","sortOrder":144},{"sectionNumber":"103G","sectionType":"section","heading":"Revocation of recognised DVO","content":"103G Revocation of recognised DVO\n(1) A DVO ceases to be a recognised DVO if the DVO is revoked in the\nTerritory or another jurisdiction and that revocation is recognised in\nthe Territory.\n(2) A revocation of a local DVO is recognised in the Territory if the\nrevocation is done:\n(a) in the Territory by a court or any other person authorised to do\nso under this Act; or\n(b) in another participating jurisdiction by a court under a\ncorresponding law.\n(3) A revocation of an interstate DVO or foreign order is recognised in\nthe Territory if the revocation is done:\n(a) in the issuing jurisdiction by a court or any other person\nauthorised to do so under the law of the issuing jurisdiction; or\n(b) in any participating jurisdiction by a court under this Chapter or\na corresponding law.\n(4) The DVO ceases to be a recognised DVO from the time it is\nrevoked.\n","sortOrder":145},{"sectionNumber":"103H","sectionType":"section","heading":"Recognised DVO prevails over earlier comparable DVOs","content":"103H Recognised DVO prevails over earlier comparable DVOs\n(1) A recognised DVO that is enforceable against a defendant in the\nTerritory (a new DVO) supersedes:\n(a) any comparable recognised DVO made earlier than the new\n(b) any comparable local DVO made earlier than the new DVO\n(whether or not the local DVO is a recognised DVO).\n(2) The earlier comparable DVO is superseded from the time the\nrecognised DVO becomes enforceable against the defendant.\n\nDomestic and Family Violence Act 2007 80\n(3) A recognised DVO that is superseded ceases to be a recognised\nDVO.\n(4) A local DVO that is superseded is revoked.\n(5) A DVO is not superseded to the extent that it relates to a protected\nperson who is not a protected person under the new DVO.\n(6) Accordingly, a DVO continues to be a recognised DVO, and to have\neffect, to the extent that it relates to a person who is not a protected\nperson under the new DVO.\n(7) A DVO made by a police officer does not supersede a comparable\nDVO made by a court (of any jurisdiction).\n(8) A DVO is comparable with another DVO if:\n(a) the DVOs are made against the same respondent; and\n(b) the DVOs are made for the protection of one or more of the\nsame protected persons.\n","sortOrder":146},{"sectionNumber":"103J","sectionType":"section","heading":"Making of new orders","content":"103J Making of new orders\n(1) Nothing in this Chapter prevents a person from applying for, or an\nissuing authority from making, a local DVO even though there is a\nrecognised DVO in force that applies to the same respondent.\n(2) However, if a police officer makes a police DVO that applies to a\nrespondent and protected person and there is a recognised DVO in\nforce that applies to the same respondent and protected person\n(existing comparable DVO), the police DVO is not a recognised\nDVO for section 103E until it is confirmed under section 82.\n(3) If a police officer makes a police DVO that provides additional\nprotections for a protected person over and above the protections\nprovided for the person by an existing comparable DVO, the police\nDVO can be enforced in the Territory to the extent of the additional\nprotections.\n(4) Subsection (3) applies until one of the following occurs:\n(a) a later recognised DVO that applies to the same respondent\nand protected person comes into force;\n(b) the police DVO is confirmed (with or without variations);\n(c) the police DVO is revoked.\n\nDomestic and Family Violence Act 2007 81\n","sortOrder":147},{"sectionNumber":"103K","sectionType":"section","heading":"Recognised DVOs and variations are enforceable against","content":"103K Recognised DVOs and variations are enforceable against\nrespondent\n(1) A recognised DVO, or a recognised variation to a recognised DVO,\nis enforceable against the respondent in the Territory.\n(2) A recognised DVO that is a local DVO becomes enforceable\nagainst the respondent in the Territory when the respondent is\nproperly notified of the making of the DVO under the law of the\n(3) A recognised DVO that is a non-local DVO (other than a foreign\norder) becomes enforceable against a respondent in the Territory\nwhen the respondent is properly notified of the making of the DVO\nunder the law of the jurisdiction in which the DVO was made.\n(4) A recognised DVO that is a foreign order becomes enforceable\nagainst a respondent in the Territory from the time it becomes a\n(5) A recognised variation to a recognised DVO becomes enforceable\nagainst the respondent in the Territory when the respondent is\nproperly notified of the variation under the law of the jurisdiction in\nwhich the variation is done.\n","sortOrder":148},{"sectionNumber":"103L","sectionType":"section","heading":"Meaning of properly notified","content":"103L Meaning of properly notified\n(1) The making of a local DVO is properly notified under the law of\nthe Territory if:\n(a) the respondent is given a copy of the DVO; or\n(b) the DVO is made by a court and the respondent is present in\ncourt when the DVO is made.\n(2) The making of an interstate DVO is properly notified under the law\nof the jurisdiction in which it is made in the circumstances provided\nfor by the corresponding law of that jurisdiction.\n(3) A variation to a recognised DVO that is done in the Territory is\nproperly notified under the law of the Territory if:\n(a) the respondent is given a copy of the variation; or\n(b) the variation is done by a court and the respondent is present\nin court when the DVO is varied.\n\nDomestic and Family Violence Act 2007 82\n(4) A variation to a recognised DVO that is done in another jurisdiction\nis properly notified under the law of that jurisdiction in the\ncircumstances provided for by the corresponding law of that\njurisdiction.\n","sortOrder":149},{"sectionNumber":"103M","sectionType":"section","heading":"Contravention of enforceable recognised DVO","content":"103M Contravention of enforceable recognised DVO\n(1) A non-local DVO that is a recognised DVO and which is\nenforceable against a respondent in the Territory may be enforced\nin the Territory:\n(a) as if it were a local DVO; and\n(b) as if the respondent had been properly notified of the making\nof the DVO under the law of the Territory.\n(2) A recognised variation to a non-local DVO that is a recognised DVO\nand which is enforceable in the Territory may be enforced in the\nTerritory as if it were a variation to a local DVO.\n(3) A recognised variation to a recognised DVO made in another\njurisdiction that is enforceable against the respondent in the\nTerritory may be enforced as if the respondent had been properly\nnotified of the variation under the law of the Territory.\n(4) This section does not affect any law of the Territory that requires a\ngeographical nexus to exist between the Territory and an offence\nfor a person to be guilty of an offence under the law of the Territory.\n","sortOrder":150},{"sectionNumber":"103N","sectionType":"section","heading":"Non-local DVO to be treated as local DVO","content":"103N Non-local DVO to be treated as local DVO\n(1) A recognised DVO that is a non-local DVO has the same effect in\nthe Territory as a local DVO.\n(2) A prohibition, restriction or condition imposed by a non-local DVO\nhas the same meaning as it would have in the jurisdiction in which\nthe DVO was made, but may be enforced in the Territory as if it\nwere a prohibition, restriction or condition of a local DVO.\n","sortOrder":151},{"sectionNumber":"103P","sectionType":"section","heading":"Licences, permits and other authorisations","content":"103P Licences, permits and other authorisations\n(1) A law of the Territory (a relevant law) that restricts the grant of an\nauthorisation, or that authorises or requires an authorisation to be\nsuspended or revoked, if a person is or has been subject to a local\nDVO extends to a person who is or has been subject to any\nnon-local DVO that is a recognised DVO (as if the non-local DVO\nwere a local DVO).\n\nDomestic and Family Violence Act 2007 83\n(2) For the purposes of a relevant law:\n(a) a non-local DVO that is a final DVO is to be treated in the\nsame way as a local DVO that is a final DVO; and\n(b) a non-local DVO that is an interim DVO is to be treated in the\nsame way as a local DVO that is an interim DVO.\nauthorisation includes a licence or permit.\ngrant includes issue.\n","sortOrder":152},{"sectionNumber":"103Q","sectionType":"section","heading":"Recognition of disqualification to hold firearms licence","content":"103Q Recognition of disqualification to hold firearms licence\n(1) If a non-local DVO that is a recognised DVO disqualifies a person\nfrom holding a non-local firearms licence, or type of non-local\nfirearms licence, the person is also disqualified from holding a local\nfirearms licence or local firearms licence of the same type (as the\ncase requires).\n(2) The Commissioner of Police must revoke any local firearms licence\nheld by a person, or refuse to issue a local firearms licence to a\nperson, if the person is disqualified from holding the firearms\nlicence by a recognised DVO.\n(3) A recognised DVO disqualifies a person from holding a non-local\nfirearms licence if the DVO expressly:\n(a) disqualifies the person from holding a non-local firearms\nlicence or type of non-local firearms licence; or\n(b) revokes or requires the person to surrender a non-local\nfirearms licence or type of non-local firearms licence held by\nlocal firearms licence means a licence, permit or authorisation\nunder the Firearms Act 1997.\nnon-local firearms licence means a licence, permit or other\nauthorisation to possess a firearm (within the meaning of the\nFirearms Act 1997) issued under the law of another jurisdiction or\ncountry.\n\nDomestic and Family Violence Act 2007 84\n","sortOrder":153},{"sectionNumber":"103R","sectionType":"section","heading":"Recognition of disqualification to hold weapons licence","content":"103R Recognition of disqualification to hold weapons licence\n(1) If a non-local DVO that is a recognised DVO disqualifies a person\nfrom holding a non-local weapons licence or type of non-local\nweapons licence, the person is also disqualified from holding a local\nweapons licence or local weapons licence of the same type (as the\ncase requires).\n(2) The Commissioner of Police must revoke any local weapons\nlicence held by a person, or refuse to issue a local weapons licence\nto a person, if the person is disqualified from holding the weapons\nlicence by a recognised DVO.\n(3) A recognised DVO disqualifies a person from holding a non-local\nweapons licence or type of non-local weapons licence if the DVO\nexpressly:\n(a) disqualifies the person from holding a non-local weapons\nlicence or type of non-local weapons licence; or\n(b) revokes or requires the person to surrender a non-local\nweapons licence or type of non-local weapons licence held by\nlocal weapons licence means a licence, permit or other\nauthorisation under the Weapons Control Act 2001.\nnon-local weapons licence means a licence, permit or other\nauthorisation to possess a prohibited weapon (within the meaning\nof the Weapons Control Act 2001) issued under the law of another\njurisdiction or country.\n","sortOrder":154},{"sectionNumber":"103S","sectionType":"section","heading":"Orders for costs","content":"103S Orders for costs\n(1) A non-local DVO, to the extent that it requires the payment of\nmoney, cannot be enforced in the Territory.\n(2) The recognition of a DVO made in another jurisdiction does not\nconfer power on a court or tribunal of the Territory to award costs in\nrespect of any proceedings relating to the DVO that occurred in\nanother jurisdiction.\n(3) This section does not prevent a court or tribunal awarding costs in\nrespect of any proceedings in the Territory relating to the variation\nor revocation of a recognised DVO.\n\nPart 3A.3 Variation and revocation of recognised non-local DVOs\nDomestic and Family Violence Act 2007 85\nPart 3A.3 Variation and revocation of recognised\nnon-local DVOs\n103T Definition\ncourt means the Local Court, as constituted by a Local Court\nJudge, or the Supreme Court.\n","sortOrder":155},{"sectionNumber":"103U","sectionType":"section","heading":"Power of court to vary or revoke recognised non-local DVOs","content":"103U Power of court to vary or revoke recognised non-local DVOs\n(1) A court may vary or revoke a recognised DVO that is a non-local\nDVO in accordance with this Part as if the DVO were a local DVO.\n(2) A court cannot vary or revoke a non-local DVO if it is a kind of DVO\nthat cannot be varied or revoked by a court in the jurisdiction in\nwhich the DVO was made.\n(3) A variation to, or revocation of, a recognised DVO that is done\nunder this Part is not limited in its operation to the Territory.\n(4) This Part does not apply to the variation or revocation of a foreign\norder that is registered as a registered foreign order in the Territory.\nForeign orders registered in the Territory (referred to as registered external\norders in Chapter 3) can be varied or cancelled under Part 3.3.\n(5) To avoid doubt, if a court varies a recognised DVO that was made\nin another jurisdiction, the other jurisdiction continues to be treated,\nfor the purpose of this Chapter, as the jurisdiction in which the DVO\nwas made.\n","sortOrder":156},{"sectionNumber":"103V","sectionType":"section","heading":"Application for variation or revocation of recognised non-local","content":"103V Application for variation or revocation of recognised non-local\nDVO\n(1) An application for the variation or revocation of a recognised DVO\nthat is a non-local DVO may be made to a court as if it were an\napplication for variation or revocation of a local DVO by any person\nwho would be able to make the application if the DVO were a local\nDVO.\n(2) An application:\n(a) is to be made to a court that would have power to hear the\napplication if the DVO were a local DVO; and\n(b) is to be made in accordance with any requirements that would\napply if the DVO were a local DVO; and\n\nPart 3A.3 Variation and revocation of recognised non-local DVOs\nDomestic and Family Violence Act 2007 86\n(c) may be dealt with (subject to this Part) as if the DVO were a\nlocal DVO.\n","sortOrder":157},{"sectionNumber":"103W","sectionType":"section","heading":"Decision about hearing an application","content":"103W Decision about hearing an application\n(1) A court that deals with an application for variation or revocation of a\nnon-local DVO may decide to hear the application or decline to hear\nthe application.\n(2) In making that decision, the court may consider the following\nmatters (to the extent relevant):\n(a) the jurisdiction in which the respondent and the protected\nperson or persons under the DVO generally reside or are\nemployed;\n(b) any difficulty another party to the proceedings may have in\nattending the proceedings;\n(c) whether there is sufficient information available to the court in\nrelation to the DVO and the basis on which it was made;\n(d) whether any proceedings are being taken in respect of an\nalleged contravention of the DVO and the jurisdiction in which\nthose proceedings are being taken;\n(e) the practicality of the applicant (if not the respondent under the\nDVO) applying for and obtaining a local DVO against the\nrespondent with similar prohibitions or restrictions;\n(f) the impact of the application on children;\n(g) any other matters the court considers relevant.\n(3) Without limiting the court's power to decline to hear an application,\nthe court may decline to hear the application if the court is satisfied\nthat there has been no material change in the circumstances on\nwhich the making of the order was based and that the application is\nin the nature of an appeal against the order.\n(4) For the purposes of exercising its functions under this Part, a court\nmay have regard to any information that the court considers\nrelevant about the making or variation of a DVO that is provided by\nan issuing authority of any other jurisdiction.\nPart 3A.4 enables the court to obtain information about DVOs from other\njurisdictions.\n\nDomestic and Family Violence Act 2007 87\n(5) A court must refuse to hear an application made by the respondent\nduring any period in which, under the law of the issuing jurisdiction\nfor the DVO, the respondent is not entitled to apply for the variation\nor revocation of the DVO in the issuing jurisdiction.\n","sortOrder":158},{"sectionNumber":"103X","sectionType":"section","heading":"Issuing authorities may obtain DVO information","content":"103X Issuing authorities may obtain DVO information\nAn issuing authority of the Territory may obtain information about a\nDVO from an issuing authority of another jurisdiction, or from a local\nor interstate law enforcement agency, and use that information for\nthe purposes of exercising functions under this Chapter.\n","sortOrder":159},{"sectionNumber":"103Y","sectionType":"section","heading":"Issuing authorities must provide DVO information","content":"103Y Issuing authorities must provide DVO information\n(1) An issuing authority of the Territory that makes, varies or revokes a\nDVO must provide to a court of any other participating jurisdiction\nany information about the DVO that the court reasonably requests\nfor the purposes of exercising its functions under a corresponding\nlaw.\n(2) An issuing authority of the Territory that makes, varies or revokes a\nDVO must provide to a local or interstate law enforcement agency\nany information about the DVO that the law enforcement agency\nreasonably requests for the purpose of exercising its law\nenforcement functions.\n","sortOrder":160},{"sectionNumber":"103Z","sectionType":"section","heading":"Law enforcement agencies may obtain DVO information","content":"103Z Law enforcement agencies may obtain DVO information\nA local law enforcement agency may obtain information about a\nDVO from an issuing authority of this or another jurisdiction, or from\nan interstate law enforcement agency, and use that information for\nthe purpose of exercising its law enforcement functions.\n103ZA Information to be provided to law enforcement agencies\nA local law enforcement agency must provide to an interstate law\nenforcement agency any information it holds about a DVO that the\ninterstate law enforcement agency reasonably requests for the\npurpose of exercising its law enforcement functions.\n\nDomestic and Family Violence Act 2007 88\n103ZB Certificate evidence – notification\n(1) An authorised officer of the Territory may issue a certificate in\nwriting certifying any of the following matters:\n(a) that the making of a local DVO has been properly notified\nunder the law of the Territory;\n(b) that a variation of a DVO that was done in the Territory has\nbeen properly notified under the law of the Territory.\n(2) The certificate is admissible in evidence in any proceedings and is\nevidence of the matters certified.\n(3) A certificate in writing purporting to be signed by an authorised\nofficer of another jurisdiction and certifying any of the following\nmatters is admissible in evidence in any proceedings and is\nevidence of the matters certified:\n(a) that the making of a DVO in that jurisdiction has been properly\nnotified under the law of that jurisdiction;\n(b) that a variation to a DVO that was done in that jurisdiction has\nbeen properly notified under the law of that jurisdiction.\n(4) In any document, the words \"authorised officer\" after a signature\nare evidence that the person whose signature it purports to be is in\nfact an authorised officer.\nauthorised officer means:\n(a) of another jurisdiction – a person (whether or not designated\nas an authorised officer) who is authorised under the law of\nanother jurisdiction to issue a certificate certifying that the\nmaking or variation of a DVO has been properly notified under\nthe law of that jurisdiction; or\n(b) of the Territory:\n(i) a registrar of a court of the Territory; or\n(ii) a police officer of or above the rank of sergeant.\n\nDomestic and Family Violence Act 2007 89\n103ZC Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) an issuing authority;\n(b) a person assisting an issuing authority;\n(c) a member of a local law enforcement agency.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) To avoid doubt, subsection (1) applies to acts done or omitted to be\ndone as a result of a failure by a person mentioned in that\nsubsection to obtain current information about a DVO or an order in\nthe nature of a DVO.\n(4) This section has effect subject to:\n(a) Part VIIA of the Police Administration Act 1978 to the extent it\nrelates to the civil liability of a person who is or has been a\npolice officer; and\n(b) the Courts and Administrative Tribunals (Immunities) Act 2008\nto the extent that it relates to the liability of a person who is a\nmember of a court or tribunal within the meaning of that Act.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n\nDomestic and Family Violence Act 2007 90\nPart 3A.6 Provisions consequential on enactment of\nDomestic and Family Violence (Recognition of\nDomestic Violence Orders) (National Uniform\nLaw) Amendment Act 2017\n103ZD Definition\ncommencement date means the day on which the Domestic and\nFamily Violence (Recognition of Domestic Violence Orders)\n(National Uniform Law) Amendment Act 2017 commences.\n103ZE Enforcement of DVOs under other provisions\n(1) This Chapter does not affect the enforceability in the Territory,\notherwise than under this Chapter, of any local DVO made before\nthe commencement date.\n(2) This Chapter does not affect the enforceability in the Territory\notherwise than under this Chapter, of any external order registered\nin the Territory, before the commencement date, under Chapter 3.\n(3) However, a DVO made in the Territory before the commencement\ndate can be superseded under section 103H, on or after the\ncommencement date, by a recognised DVO that is made later.\n103ZF DVOs made in the Territory\nPart 3A.2 applies to any local DVO or foreign order that is made in\nthe Territory on or after the commencement date, or an earlier date\nprescribed by regulation.\n103ZG DVOs made in other jurisdictions\n(1) Part 3A.2 applies to any DVOs made in another participating\njurisdiction that are recognised DVOs in that jurisdiction under the\ncorresponding law for that jurisdiction.\n\nDomestic and Family Violence Act 2007 91\n(2) To avoid doubt, section 103E extends to the following DVOs:\n(a) any interstate DVO that was made in another participating\njurisdiction before the commencement date that is a\nrecognised DVO in that jurisdiction; and\n(b) any foreign order that became a registered foreign order in\nanother participating jurisdiction before the commencement\ndate that is a recognised DVO in that jurisdiction.\n(3) Sections 103F and 103G extend to any variation or revocation of a\nDVO mentioned in subsection (2), that was done in a participating\njurisdiction before the commencement date, as if the DVO were a\n(4) However, a non-local DVO, and any variation to a non-local DVO,\ndoes not become enforceable against the respondent in the\nTerritory, under this Chapter, until the commencement date (even if\nthe making of the DVO, or variation, was properly notified before\nthat date).\n103ZH DVOs declared to be recognised DVOs\n(1) Each of the following DVOs is also taken to be a recognised DVO:\n(a) any DVO that is declared by a registrar of a court of the\nTerritory to be a recognised DVO in the Territory under\nDivision 4;\n(b) any DVO that is declared by a registrar of a court of another\nparticipating jurisdiction to be a recognised DVO in that\njurisdiction under a corresponding law.\n(2) A recognised DVO referred to in subsection (1) becomes\nenforceable against the respondent in the Territory, under this\nChapter, when the declaration is made (despite section 103K).\n103ZI DVOs declared to be recognised in other jurisdictions before\ncommencement date\n(1) To avoid doubt, section 103ZH extends to a DVO declared by a\nregistrar of a court of another participating jurisdiction to be a\nrecognised DVO before the commencement date.\n\nDomestic and Family Violence Act 2007 92\n(2) Sections 103F and 103G extend to any variation or revocation of a\nDVO mentioned in subsection (1), that was done in a participating\njurisdiction before the commencement date, as if the DVO were a\n(3) However, the DVO, and any variation to the DVO, does not become\nenforceable against the respondent in the Territory, under this\nChapter, until the commencement date.\n103ZJ Definition\nregistrar means a registrar of a court of the Territory that has\npower to make a local DVO.\n103ZK Power to declare DVO to be recognised\n(1) A registrar may, by order, declare any DVO made in any jurisdiction\nto be a recognised DVO in the Territory.\n(2) A declaration may be made in relation to any DVO made in any\njurisdiction that is in force in the issuing jurisdiction and is not a\nrecognised DVO in the Territory.\n(3) The jurisdiction in which the DVO was made does not have to be a\n(4) A registrar must make a declaration under this section if an\napplication for the declaration is made in accordance with this Part,\nunless the registrar decides to refuse to make the declaration in the\ninterests of justice.\n(5) Without limiting subsection (4), the registrar may refuse to make the\ndeclaration if the registrar is not satisfied that the respondent has\nbeen properly notified of the making of the DVO under the law of\nthe jurisdiction in which the DVO was made.\nNote for subsection (5)\nUnder section 103ZH, the DVO becomes enforceable against the respondent\nwhen the declaration is made. Subsection (7) specifies that notice of the\ndeclaration is not to be served on the respondent unless the person making the\napplication consents to service.\n(6) However, a registrar cannot declare a general violence order to be\na recognised DVO in the Territory.\n\nDomestic and Family Violence Act 2007 93\n(7) Notice of a declaration is not to be served on the respondent unless\nthe person who makes the application consents to service.\nNote for section 103ZK\nUnder section 103D, a foreign order is taken to be made in any jurisdiction in\nwhich it is registered as a registered foreign order. Accordingly, this section\nextends to registered foreign orders.\n103ZL Application for order\n(1) An application for a declaration that a DVO is a recognised DVO in\nthe Territory may be made by any person who would be able to\nmake an application for variation of the DVO if the DVO were a\n(2) The application must:\n(a) be made in a form approved by the registrar; and\n(b) be accompanied by any information or evidence the registrar\nrequires.\nNote for section 103ZL\nIt is only necessary to make an application in one participating jurisdiction. Under\nsection 103ZH, once a declaration is made in any participating jurisdiction the\nDVO will be treated as a recognised DVO in all participating jurisdictions.\n103ZM Functions of registrar may be exercised by court\nA court with power to make a local DVO may exercise any of the\nfunctions of a registrar of the court under this Part.\n\nDomestic and Family Violence Act 2007 94\n","sortOrder":161},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Evidence in proceedings for domestic violence","content":"Part 4.1 Evidence in proceedings for domestic violence\n","sortOrder":162},{"sectionNumber":"104","sectionType":"section","heading":"Definitions","content":"104 Definitions\nrecorded statement:\n(a) for Division 3, see section 21AA of the Evidence Act 1939;\nand\n(b) for Division 4A, see section 21G of the Evidence Act 1939.\nvulnerable witness means:\n(a) an adult who is a protected person; or\n(b) a vulnerable witness as defined in section 21AB of the\nEvidence Act 1939.\n","sortOrder":163},{"sectionNumber":"105","sectionType":"section","heading":"Application of Part","content":"105 Application of Part\nThis Part applies only to the following proceedings:\n(ii) the variation or revocation of a DVO;\n","sortOrder":164},{"sectionNumber":"106","sectionType":"section","heading":"When Court to be closed","content":"106 When Court to be closed\n(1) The Court must be closed to the public for the proceeding:\n(a) at all times if the only protected person is a child; or\n(b) while a vulnerable witness gives evidence, including in cross-\nexamination.\n\nDomestic and Family Violence Act 2007 95\n(2) However, the Court may order a proceeding, or part of it, be open\nto the public if it considers it is in the interests of justice to do so.\n(3) Even if the proceeding, or part of it, is open to the public, the Court\nmay order a person (other than a party to the proceeding) to leave\nthe courtroom where the proceeding is being conducted while a\nwitness gives evidence, including in cross-examination.\n","sortOrder":165},{"sectionNumber":"107","sectionType":"section","heading":"How evidence of child given","content":"107 How evidence of child given\n(1) The evidence of a child must be given by written or recorded\nstatement.\n(2) When making the statement, the child is entitled to be accompanied\nby 1 of the following persons to provide emotional support:\n(a) a relative;\n(b) an adult friend;\n(c) someone else whom:\n(i) the child asks to accompany them; and\n(ii) the Court considers is appropriate to provide the\nsupport.\n","sortOrder":166},{"sectionNumber":"108","sectionType":"section","heading":"Admission of child's evidence","content":"108 Admission of child's evidence\n(1) A child's written statement may be admitted in evidence only if:\n(a) it states the child's age; and\n(b) it states that, before signing it:\n(i) the child read it; or\n(ii) someone else read it to the child and the reason why the\nchild did not read it.\n(2) A child's recorded statement may be admitted in evidence only if a\ntranscript of the statement complying with subsection (3) is\nproduced to the defendant or defendant's lawyer.\n(3) The transcript must:\n(a) state how, when and by whom the statement was recorded;\nand\n\nDomestic and Family Violence Act 2007 96\n(b) be certified as correct by the party seeking to have the\nstatement admitted in evidence.\n","sortOrder":167},{"sectionNumber":"109","sectionType":"section","heading":"No cross-examination of child","content":"109 No cross-examination of child\n(1) A child who gives evidence by written or recorded statement need\nnot appear at the hearing and cannot be cross-examined in relation\nto the child's evidence.\n(2) The prohibition against cross-examination of a child in\nsubsection (1) applies whether or not a defendant is represented by\na legal practitioner.\n","sortOrder":168},{"sectionNumber":"110","sectionType":"section","heading":"How evidence of vulnerable witness given","content":"110 How evidence of vulnerable witness given\n(1) A vulnerable witness is entitled to give evidence at a place outside\nthe courtroom using an audiovisual link.\n(2) If an audiovisual link is not available, or the vulnerable witness\nchooses to give evidence in the courtroom, the witness is entitled to\ngive evidence without the defendant being in the witness's line of\nsight.\n(3) If the vulnerable witness elects to give evidence without the\ndefendant being in the witness's line of sight, to ensure the\ndefendant is not in the witness's line of sight a screen, a partition or\na panel of one-way glass must be placed so that the witness's view\nof the defendant is obscured, but not the view of the witness by the\nJudge or counsel.\n","sortOrder":169},{"sectionNumber":"111","sectionType":"section","heading":"Vulnerable witness entitled to support","content":"111 Vulnerable witness entitled to support\n(1) When giving evidence, a vulnerable witness is entitled to be\naccompanied by 1 of the following persons to provide emotional\nsupport:\n(a) a relative;\n(b) a friend;\n(c) someone else whom:\n(i) the witness asks to accompany them; and\n(ii) the Court considers is appropriate to provide support.\n(2) The person must be placed so that the person can be seen by the\nJudge.\n\nDomestic and Family Violence Act 2007 97\n","sortOrder":170},{"sectionNumber":"112","sectionType":"section","heading":"Court's power relating to vulnerable witness giving evidence","content":"112 Court's power relating to vulnerable witness giving evidence\n(1) The Court may make an order that the vulnerable witness is not\nentitled to give evidence in a particular way or be provided with\nsupport if satisfied:\n(a) it is not in the interests of justice; or\n(b) it is inappropriate because of the urgency of the proceeding.\n(2) In deciding whether or not it is in the interests of justice, the Court\nmust have regard to the following:\n(a) the need to minimise the harm that may be caused to the\nwitness by giving evidence;\n(b) whether the witness may be able to give evidence effectively.\n(3) The Court must state its reasons for making the order.\n(4) This section applies despite sections 110 and 111.\n","sortOrder":171},{"sectionNumber":"113","sectionType":"section","heading":"Evidence given outside courtroom","content":"113 Evidence given outside courtroom\nIf evidence of a vulnerable witness is given outside the courtroom\nusing an audiovisual link, the following provisions apply:\n(a) the place where the witness gives the evidence is taken to be\nin the courtroom;\n(b) the Court must decide who is to be present in the same room\nas the witness while the evidence is given;\n(c) the Court may give directions:\n(i) to ensure necessary communication between persons in\nthe courtroom and the witness; and\n(ii) to ensure images of the defendant are not transmitted to\nthe place where the witness is giving evidence; and\n(iii) to ensure the witness's evidence can be heard in the\ncourtroom and the Judge can adequately observe the\ndemeanour of the witness while giving evidence; and\n(iv) to deal with any incidental matter.\n\nDomestic and Family Violence Act 2007 98\n","sortOrder":172},{"sectionNumber":"113A","sectionType":"section","heading":"Definitions","content":"113A Definitions\nIn this Division:\ncomplainant, see section 21G of the Evidence Act 1939.\ndomestic violence offence, see section 21G of the Evidence\nAct 1939.\nrecorded statement, see section 21G of the Evidence Act 1939.\n","sortOrder":173},{"sectionNumber":"113B","sectionType":"section","heading":"Application of Division","content":"113B Application of Division\nThis Division applies if:\n(a) a recorded statement is made in relation to an alleged\ndomestic violence offence; and\n(b) the protected person in relation to an application for a\ndomestic violence order is the complainant from whom the\nrecorded statement was taken; and\n(c) the defendant against whom a domestic violence order is\nsought is the person against whom the domestic violence\noffence is alleged.\n","sortOrder":174},{"sectionNumber":"113C","sectionType":"section","heading":"Use of recorded statement","content":"113C Use of recorded statement\nPart 3A of the Evidence Act 1939 applies in proceedings to which\nthis Part applies as if a reference in that Part:\n(a) to a domestic violence offence proceeding were a reference to\na proceeding for a domestic violence order; and\n(b) to a hearing of a charge, or a trial in respect of a domestic\nviolence offence were a reference to proceedings for a\ndomestic violence order; and\n(c) to the prosecution were a reference to the applicant.\n\nDomestic and Family Violence Act 2007 99\n","sortOrder":175},{"sectionNumber":"114","sectionType":"section","heading":"Leave required for unrepresented defendant to cross-examine","content":"114 Leave required for unrepresented defendant to cross-examine\ncertain witnesses\n(1) This section applies if, in an examination of witnesses or a trial, a\ndefendant is not represented by a legal practitioner and the\ndefendant wishes to cross-examine:\n(a) a vulnerable witness; or\n(b) any other witness who is in a domestic relationship with the\ndefendant.\n(2) The defendant is not entitled to cross-examine the witness directly\nunless the court grants leave.\n(3) The court cannot grant leave under subsection (2) if the witness is a\nchild or has a cognitive impairment or an intellectual disability.\n(4) The court must not grant leave under subsection (2) unless\nsatisfied that the witness's ability to testify under cross-examination\nwill not be adversely affected if the defendant conducts the\ncross-examination.\n(5) In considering whether the witness's ability to testify will be\nadversely affected, the court must have regard to any trauma or\ndistress that could be caused if the defendant conducts the\ncross-examination.\n(6) In considering whether to grant leave under subsection (2), the\ncourt must not require the witness to give evidence about the\nmatters mentioned in subsections (4) and (5).\n","sortOrder":176},{"sectionNumber":"114A","sectionType":"section","heading":"Leave not given to directly cross-examine witness","content":"114A Leave not given to directly cross-examine witness\n(1) This section applies if the court does not grant leave under\nsection 114(2).\n(2) The court must, as soon as practicable, explain to the defendant:\n(a) the prohibition against directly cross-examining the witness\nand the effect of the prohibition; and\n(b) that if the defendant does not cross-examine the witness, the\ndefendant will not be permitted to adduce evidence in relation\nto a fact in issue in order to contradict the evidence of the\nwitness; and\n\nDomestic and Family Violence Act 2007 100\n(c) that the defendant can arrange for a legal practitioner to\ncross-examine the witness on the defendant's behalf; and\n(d) that the defendant must notify the court of the name of the\narranged legal practitioner by a date specified by the court;\nand\n(e) that if the defendant does not wish to make such an\narrangement, or if the defendant fails to notify the court of the\nname of a legal practitioner by the date specified:\n(i) the court will decide whether it is necessary in the\ninterests of justice to appoint a legal practitioner to\ncross-examine the witness for the defendant; and\n(ii) if the court decides that it is necessary – the court may\nappoint a legal practitioner to cross-examine the witness\nfor the defendant, or make any other order the court\nconsiders necessary.\n(3) If the defendant does not wish to make such an arrangement, or if\nthe defendant fails to notify the court of the name of a legal\npractitioner by the date specified:\n(a) the court must decide whether it is necessary in the interests\nof justice to appoint a legal practitioner to cross-examine the\nwitness for the defendant; and\n(b) if the court decides that it is necessary – the court may appoint\na legal practitioner (the appointed person) to cross-examine\nthe witness for the defendant, or make any other order the\ncourt considers necessary.\n(4) If the defendant wishes to cross-examine a witness mentioned in\nsection 114(1), the defendant must put any question to the\nappointed person and the appointed person must put the question\nto the witness, unless the appointed person considers the question\nto be improper.\nNotes for subsection (4)\n1 The appointed person need not use the exact same words as the defendant\nwhen putting a question.\n2 The court can also rule that a question is improper and need not be\nanswered – see section 41(2) of the Evidence (National Uniform Legislation)\nAct 2011.\n3 See section 41(3) of the Evidence (National Uniform Legislation) Act 2011 for\nthe meaning of improper question.\n\nDomestic and Family Violence Act 2007 101\n(5) If the defendant does not give any instructions to an appointed\nperson, the appointed person must act in the best interests of the\ndefendant.\n(6) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith as an appointed person for\nthis section.\n","sortOrder":177},{"sectionNumber":"114B","sectionType":"section","heading":"Warning","content":"114B Warning\nIf a defendant cross-examines a witness through an appointed\nperson, the court must issue a warning to the jury (if any) to the\neffect that:\n(a) the procedure is a routine practice of the court; and\n(b) no adverse inference is to be drawn against the defendant as\na result of the use of the arrangement; and\n(c) the evidence of the witness is not to be given any greater or\nlesser weight because of the use of the arrangement.\nPart 4.2 Hearing procedures\n","sortOrder":178},{"sectionNumber":"115","sectionType":"section","heading":"Procedural directions","content":"115 Procedural directions\n(1) Subject to sections 114A and 114B, the Court may give the\nprocedural directions it considers necessary to ensure the fair and\nexpeditious hearing of a proceeding for the hearing of an\napplication under this Act.\n(2) Without limiting subsection (1), directions may be given about the\nright of a party to the proceeding, other than the respondent, to\nappear at the hearing.\n","sortOrder":179},{"sectionNumber":"116","sectionType":"section","heading":"Hearsay evidence","content":"116 Hearsay evidence\nIn making, confirming, varying or revoking a DVO the issuing\nauthority may admit and act on hearsay evidence.\n\nDomestic and Family Violence Act 2007 102\n","sortOrder":180},{"sectionNumber":"117","sectionType":"section","heading":"Evidentiary value of endorsement on court file","content":"117 Evidentiary value of endorsement on court file\n(1) In a legal proceeding, an endorsement on a court file relating to a\nDVO signed by a registrar stating the following is evidence of the\nmatter stated:\n(a) the respondent was before the court when the DVO was\nmade;\n(b) the court explained to the respondent the matters mentioned\nin section 89(2).\n(2) Subsection (1) does not limit the ways the matter may be proved.\n\nDomestic and Family Violence Act 2007 103\n","sortOrder":181},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Interpretation","content":"Part 5.1 Interpretation\n","sortOrder":182},{"sectionNumber":"118","sectionType":"section","heading":"Definition","content":"118 Definition\ncopy, of a DVO, includes a copy of a form of order completed\nunder Part 2.4, Division 2 or Part 2.6, Division 2.\n","sortOrder":183},{"sectionNumber":"119","sectionType":"section","heading":"When DVO is given to respondent","content":"119 When DVO is given to respondent\nA copy of a DVO is given to the respondent if:\n(a) for a court DVO – the respondent was before the issuing\nauthority, whether physically or by audiovisual link, when it\nwas made; or\n(b) it is served in a way mentioned in section 25 of the\nInterpretation Act 1978; or\n(c) a police officer informs the respondent, orally or in writing, of\nits making and terms; or\n(ca) it is given to the respondent by means of electronic\ncommunication; or\n(d) it is given to the respondent in another way the Court or a\nJudge orders.\nNote for paragraph (ca)\nThe Electronic Transactions (Northern Territory) Act 2000 provides for the\nrequirements of transactions by means of electronic communication.\n","sortOrder":184},{"sectionNumber":"120","sectionType":"section","heading":"Contravention of DVO by defendant","content":"120 Contravention of DVO by defendant\n(a) a DVO is in force against the person; and\n(b) the person engages in conduct that results in a contravention\nof the DVO.\n\nDomestic and Family Violence Act 2007 104\n(2) Subsection (1) does not apply unless:\n(a) the person has been given a copy of the DVO; or\n(b) for a DVO that has been varied under Part 2.6, Division 3, 4\nor 5, Part 2.8 or 2.9 or confirmed with or without variation\nunder Part 2.4, Division 3 or Part 2.7:\n(i) the person has been given a copy of the DVO as varied\nor confirmed; or\n(ii) the person's conduct also constitutes a contravention of\nthe DVO last given to the person.\n(3) An offence against subsection (1) is an offence of strict liability.\n","sortOrder":185},{"sectionNumber":"121","sectionType":"section","heading":"Penalties for contravention of DVO","content":"121 Penalties for contravention of DVO\n(1) Subject to this section, a person is liable to a maximum penalty of\nimprisonment for 2 years if the person is found guilty of an offence\nagainst section 120(1).\n(2) A person is liable to an aggregated maximum penalty of\nimprisonment for 3 years if:\n(a) the person is found guilty of at least 3 offences against\nsection 120(1); and\n(b) the conduct constituting these offences took place within a\nperiod of 28 days; and\n(c) the person is being sentenced for these offences at the same\ntime; and\n(d) the conduct constituting these offences did not involve harm or\na threat to commit harm to the protected person under the\nrelevant DVOs.\nExample of harm for subsection (2)(d)\nSexual or other assault.\n(3) Despite any provision to the contrary in the Local Court (Criminal\nProcedure) Act 1928, for subsection (2) the maximum penalty\nunder that subsection may be imposed whether or not the offences\nagainst section 120(1) are laid on complaint, information or\nindictment or any combination of them.\n\nDomestic and Family Violence Act 2007 105\n(4) A person found guilty of an offence against section 120(1) is taken\nto have committed a level 1 aggravated offence and is liable to a\nmaximum penalty of imprisonment for 3 years if the person was\npreviously found guilty of an offence against section 120(1).\n(5) A person found guilty of an offence against section 120(1) is taken\nto have committed a level 2 aggravated offence and is liable to a\nmaximum penalty of imprisonment for 5 years if the conduct\nconstituting the offence involved harm or a threat to commit harm to\nthe protected person under the DVO.\nExample of harm for subsection (5)\nSexual or other assault.\n","sortOrder":186},{"sectionNumber":"122","sectionType":"section","heading":"Mandatory sentencing for contravention of DVO","content":"122 Mandatory sentencing for contravention of DVO\n(1) A court must sentence an offender in accordance with\nsubsection (2) if the offender:\n(a) is found guilty of an offence against section 120(1); and\n(b) is liable to a maximum penalty specified in section 121(2), (4)\nor (5).\n(2) The court must impose a term of actual imprisonment.\n(3) This section applies only in relation to an offender who is being\nsentenced under the Sentencing Act 1995.\nimpose a term of actual imprisonment, see section 78CB of the\nSentencing Act 1995.\n","sortOrder":187},{"sectionNumber":"123","sectionType":"section","heading":"Publication of names and identifying information about","content":"123 Publication of names and identifying information about\nchildren\n(1) A person commits an offence if the person publishes the name of a\nchild:\n(a) who is a protected person named in a DVO; or\n(b) who appears, or is reasonably likely to appear, as a witness in\na proceeding; or\n(c) who is, or is reasonably likely to be, mentioned or otherwise\ninvolved in a proceeding.\nMaximum penalty: Imprisonment for 1 year.\n\nDomestic and Family Violence Act 2007 106\n(3) An offence against subsection (1) is an offence of strict liability.\n(3A) Despite subsection (1), it is not an offence to publish the name of a\nchild mentioned in subsection (1)(a), (b) or (c) if:\n(a) the publication is in an official report of the proceeding; or\n(b) the publication is in the course of giving:\n(i) information to an information sharing entity under\nChapter 5A; or\n(ii) information to an information sharing authority (as\ndefined in section 293C(1) of the Care and Protection of\nChildren Act 2007) under Part 5.1A of that Act; or\n(c) the publication is permitted or authorised under this Act or any\nother law of the Territory; or\n(d) the Court consents to the publication of the child's name.\nname, of a child, includes any information, picture or other material\n(a) identifies the child; or\n(b) is likely to lead to the child's identification.\n","sortOrder":188},{"sectionNumber":"124","sectionType":"section","heading":"Publication of personal details","content":"124 Publication of personal details\n(a) a recognised DVO made by a court includes an order\nprohibiting publication of a person's personal details; and\n(b) the person publishes the details.\nMaximum penalty: Imprisonment for 1 year.\n\nDomestic and Family Violence Act 2007 107\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) Despite subsection (1), it is not an offence to publish a person's\npersonal details if:\n(a) the publication is in an official report of the proceeding; or\n(b) the publication is in the course of:\n(i) giving information to an information sharing entity under\nChapter 5A; or\n(ii) giving information to an information sharing authority (as\ndefined in section 293C(1) of the Care and Protection of\nChildren Act 2007) under Part 5.1A of that Act; or\n(c) the publication is permitted or authorised under this Act or any\nother law of the Territory.\n","sortOrder":189},{"sectionNumber":"124A","sectionType":"section","heading":"Reporting domestic violence","content":"124A Reporting domestic violence\n(1) An adult commits an offence if he or she:\n(a) believes on reasonable grounds either or both of the following\ncircumstances exist:\n(i) another person has caused, or is likely to cause, harm to\nsomeone else (the victim) with whom the other person\nis in a domestic relationship;\n(ii) the life or safety of another person (also the victim) is\nunder serious or imminent threat because domestic\nviolence has been, is being or is about to be committed;\nand\n(b) as soon as practicable after forming the belief, does not report\nto a police officer (either orally or in writing):\n(i) the belief; and\n\nDomestic and Family Violence Act 2007 108\n(ii) any knowledge forming the grounds for the belief; and\n(iii) any factual circumstances on which that knowledge is\nbased.\nMaximum penalty: 200 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(3) Without limiting subsection (2), it is a reasonable excuse if the\ndefendant establishes 1 or more of the following:\n(a) the defendant reasonably believed someone else had, under\nsubsection (1), reported the same belief about the\ncircumstances mentioned in subsection (1);\n(b) the defendant was engaged in planning for the removal of the\nvictim from the circumstances mentioned in subsection (1) and\nintended to report his or her belief as soon as practicable after\nthe removal;\n(c) in relation to the circumstances mentioned in\nsubsection (1)(a)(i) – the defendant reasonably believed that,\nif the report of his or her belief about the circumstances were\nmade as soon as practicable after the belief was formed as\nmentioned in subsection (1)(b), a serious or imminent threat to\nthe life or safety of any person may result.\n(4) On receipt of the report, the police officer must take reasonable\nsteps to ensure the report is investigated.\n(5) This section has effect despite another law of the Territory.\n(6) In this section:\nbelief means a belief mentioned in subsection (1)(a).\nharm means physical harm that is serious harm.\nphysical harm, see section 1A of the Criminal Code.\nserious harm, see section 1 of the Criminal Code.\n\nDomestic and Family Violence Act 2007 109\n","sortOrder":190},{"sectionNumber":"124B","sectionType":"section","heading":"Definitions","content":"124B Definitions\nCEO means the Chief Executive Officer of the Agency.\ndomestic violence related service means an assistance or\nsupport service provided to any of the following:\n(a) persons who fear or experience domestic violence;\n(b) other persons affected by that domestic violence;\n(c) persons who commit domestic violence.\nExamples for definition domestic violence related service\nAlcohol and other drug treatment services, allied health services, counselling,\ndisability services, health services, housing and homelessness services, legal\nservices and sexual assault services.\ninformation includes facts and opinions.\ninformation sharing entity means each of the following:\n(a) the CEO;\n(b) the Chief Executive Officer of an Agency that is responsible\nfor the following:\n(i) adult correctional services;\n(ii) child protection services;\n(iii) community services;\n(iv) disability services;\n(v) education services;\n(vi) housing services;\n(vii) public health services;\n(viii) youth justice services;\n\nDomestic and Family Violence Act 2007 110\n(c) the Chief Executive Officer of any other Agency that provides\na domestic violence related service;\n(d) the Commissioner;\n(e) the principal, as defined in section 5 of the Education\nAct 2015, of a non-government school registered under that\nAct;\n(f) a court or tribunal;\n(g) any other person who, or entity that:\n(i) provides a domestic violence related service; and\n(ii) is approved by the Minister under section 124DA(1).\ninformation sharing guidelines means the guidelines made under\nsection 124N.\n","sortOrder":191},{"sectionNumber":"124C","sectionType":"section","heading":"Information sharing principles","content":"124C Information sharing principles\n(1) The principles set out in this section should be used for guidance in\nrelation to the collection, use or disclosure of information that is\nauthorised or required to be collected, used or disclosed under this\nChapter.\n(2) An information sharing entity should obtain the consent of a person\nwho fears or experiences domestic violence before sharing\ninformation about the person unless it is not safe, possible or\npractical to do so.\n(3) However, the safety, protection and wellbeing of a person who\nfears or experiences domestic violence are paramount.\n(4) In disclosing information about a person, an information sharing\nentity should consider whether disclosing the information is likely to\nadversely affect the safety of the person or another person.\n(5) An information sharing entity should only collect, use or disclose\ninformation to the extent that it is necessary to assess and manage\nrisk to a person's safety because of domestic violence.\n(6) An information sharing entity that collects, uses or discloses the\ninformation of an Aboriginal person should do so in a manner that:\n(a) promotes cultural safety; and\n(b) is culturally sensitive; and\n(c) considers the person's familial and community connections.\n\nDomestic and Family Violence Act 2007 111\n(7) An information sharing entity should have regard to a person's:\n(a) cultural, sexual and gender identity; and\n(b) religious faith (if any).\n(8) These principles are not intended to:\n(a) create in any person any legal right or give rise to any civil\ncause of action; or\n(b) affect in any way the interpretation of any Act or other law in\nforce in the Territory.\n","sortOrder":192},{"sectionNumber":"124D","sectionType":"section","heading":"Application of this Chapter to courts","content":"124D Application of this Chapter to courts\nIf any of the following persons or bodies is an information sharing\nentity, nothing in this Chapter applies to the disclosure of\ninformation by that person or body in relation to, or for the purposes\nof, its judicial or quasi-judicial functions:\n(a) a court or tribunal;\n(b) the holder of a judicial or quasi-judicial office or other office\npertaining to a court or tribunal in their capacity as the holder\nof that office;\n(c) a registry or other office of a court or tribunal;\n(d) the staff of such a registry or other office in their capacity as\nmembers of that staff.\n124DA Approval of information sharing entity\n(1) The Minister may, by Gazette notice, approve a person or entity as\nan information sharing entity.\n(2) An approval of a person under subsection (1) may be made for:\n(a) a person by name; or\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding, acting in or performing the\nduties of a named office, designation or position.\n\nDomestic and Family Violence Act 2007 112\n124DB Collection of information\nFor the purposes of sharing information under Part 5A.2 an\ninformation sharing entity may collect and use information\nreasonably necessary for performing a function under that Part.\n","sortOrder":193},{"sectionNumber":"124E","sectionType":"section","heading":"Sharing information for assessing or preventing domestic","content":"124E Sharing information for assessing or preventing domestic\nviolence threat\n(1) An information sharing entity may give information to another\ninformation sharing entity if the entity that holds that information\nbelieves on reasonable grounds that:\n(a) a person fears or is experiencing domestic violence; and\n(b) the information may help the entity receiving the information\nto:\n(i) assess whether there is a serious threat to a person's\nlife, health, safety or welfare because of domestic\nviolence; or\n(ii) lessen or prevent a serious threat to a person's life,\nhealth, safety or welfare because of domestic violence,\nincluding by providing or arranging a domestic violence\nrelated service to or for a person.\n(2) Without limiting subsection (1)(b), information given in a case\nmanagement meeting of a domestic violence related service is\ninformation that may help the entity receiving the information to\nperform functions mentioned in subsection (1)(b)(i) and (ii).\n","sortOrder":194},{"sectionNumber":"124F","sectionType":"section","heading":"Police may share certain information with information sharing","content":"124F Police may share certain information with information sharing\nentities\n(1) A police officer may give the information about a person that is\nmentioned in subsection (2) to an information sharing entity that\nprovides a domestic violence related service if the police officer\nbelieves on reasonable grounds that:\n(a) the person fears or is experiencing domestic violence and\nthere is a threat to the person's life, health, safety or welfare\nbecause of domestic violence; or\n(b) the person has committed domestic violence against another\n\nDomestic and Family Violence Act 2007 113\n(2) The information a police officer may give an information sharing\nentity is the following:\n(a) the person's name;\n(b) the person's contact details;\n(c) details of the basis for the belief;\n(d) any other information that is, in the police officer's opinion,\nreasonably necessary to assist the information sharing entity\nto provide a domestic violence related service to the person.\n","sortOrder":195},{"sectionNumber":"124G","sectionType":"section","heading":"Limits on information that may be shared","content":"124G Limits on information that may be shared\n(1) Despite sections 124E and 124F, information must not be shared\nunder this Chapter if:\n(a) the information sharing entity that holds the information\nbelieves on reasonable grounds that giving the information\ncould:\n(i) prejudice the investigation of a contravention (or\npossible contravention) of a law in force in the Territory;\nor\n(ii) prejudice a coronial inquest or inquiry; or\n(iii) prejudice any proceeding in a court or tribunal; or\n(iv) contravene any legal professional or client legal\nprivilege; or\n(v) enable the existence or identity of a confidential source\nof information in relation to the enforcement or\nadministration of a law to be ascertained; or\n(vi) endanger a person's life or physical safety; or\n(vii) prejudice the effectiveness of a lawful method or\nprocedure for preventing, detecting, investigating or\ndealing with a contravention or possible contravention of\na law of the Territory; or\n(b) sharing of the information is prohibited by or under:\n(i) the Criminal Records (Spent Convictions) Act 1992; or\n(ii) any other Act prescribed by regulation.\n\nDomestic and Family Violence Act 2007 114\n(2) The Information Act 2002 must not be prescribed under\nsubsection (1)(b)(ii).\n","sortOrder":196},{"sectionNumber":"124H","sectionType":"section","heading":"Obligation to disclose for domestic violence assessment or","content":"124H Obligation to disclose for domestic violence assessment or\nprotection purpose\nAn information sharing entity must disclose any information that is\npermitted to be disclosed under this Chapter to another information\nsharing entity that has requested the information in order to help the\nrequesting entity to:\n(a) assess whether there is a serious threat to a person's life,\nhealth, safety or welfare because of domestic violence; or\n(b) lessen or prevent a serious threat to a person's life, health,\nsafety or welfare because of domestic violence.\n","sortOrder":197},{"sectionNumber":"124J","sectionType":"section","heading":"Permitted uses of shared information","content":"124J Permitted uses of shared information\nInformation shared under this Chapter may be used to do the\n(a) assess whether there is a serious threat to a person’s life,\nhealth, safety or welfare because of domestic violence;\n(b) lessen or prevent a serious threat to a person's life, health,\nsafety or welfare because of domestic violence, including by:\n(i) contacting, or attempting to contact, the person or\nanother person; or\n(ii) providing assistance or a domestic violence related\nservice to a person.\n","sortOrder":198},{"sectionNumber":"124K","sectionType":"section","heading":"Who may give or receive information on behalf of information","content":"124K Who may give or receive information on behalf of information\nsharing entity\nA requirement of this Chapter for an information sharing entity to\ngive, receive or use information may only be carried out by:\n(a) a person (who may be a police officer) who is employed,\nengaged or appointed by that entity or provider and whose\nduties include:\n(i) assessing threats to life, health, safety or welfare\nbecause of domestic violence; or\n\nDomestic and Family Violence Act 2007 115\n(ii) taking action to lessen or prevent threats to life, health,\nsafety or welfare because of domestic violence,\nincluding by providing or arranging a domestic violence\nrelated service to or for a person;\n(b) a person otherwise authorised by the entity or provider to give,\nreceive or use the information.\n","sortOrder":199},{"sectionNumber":"124L","sectionType":"section","heading":"Unauthorised disclosure of confidential information","content":"124L Unauthorised disclosure of confidential information\n(a) the person acquires information under this Chapter; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) required or authorised by this Chapter; or\n(ii) for any of the following purposes authorised by the\nMinister:\n(A) research relating to the purpose of this Chapter;\n(B) an inquiry or investigation conducted by a coroner,\nthe police force or another law enforcement\nagency;\n(C) any other purpose prescribed by regulation; or\n(iii) to a court or tribunal; or\n(iv) in compliance with the Australian Privacy Principles,\nwhether or not the person, or the entity that employs or\nengages the person, is bound by those Principles; or\n(v) in any other way required or authorised by law; and\n(d) the person is reckless in relation to that result.\nMaximum penalty: Imprisonment for 2 years.\n(2) Strict liability applies to subsection (1)(a).\n(4) A failure to comply with the information sharing guidelines does not\nof itself constitute an offence against subsection (1).\n\nDomestic and Family Violence Act 2007 116\nAustralian Privacy Principles means the principles set out in\n","sortOrder":200},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to the Privacy Act 1988 (Cth).","content":"Schedule 1 to the Privacy Act 1988 (Cth).\n","sortOrder":201},{"sectionNumber":"124M","sectionType":"section","heading":"Police use of confidential information","content":"124M Police use of confidential information\n(1) A police officer who receives information under this Chapter, and\nany other police officer to whom the information is disclosed, may:\n(a) subject to subsection (2), use the information to the extent\nnecessary to perform the officer's functions as a police officer;\nor\n(b) use the information immediately to the extent necessary and\nwithout complying with subsection (2) because, in the opinion\nof the police officer, urgent circumstances require immediate\nuse of the information in order to perform the officer's\nfunctions as a police officer.\n(2) A police officer must not use information received under this\nChapter for an investigation or for a proceeding for an offence\nunless:\n(a) the police officer, or another police officer, has consulted with\nthe information sharing entity that gave the information about\nthe proposed use; and\n(b) taking that consultation in account, the police officer has\ndetermined that the proposed use of the information is in the\nbest interests of a person who is experiencing domestic\nviolence.\nuse, in relation to information, includes:\n(a) disclose the information to someone else; and\n(b) give someone else access to the information.\n","sortOrder":202},{"sectionNumber":"124N","sectionType":"section","heading":"Minister to make and publish guidelines","content":"124N Minister to make and publish guidelines\n(1) The Minister must make administrative guidelines for the operation\nof this Chapter.\n\n","sortOrder":203},{"sectionNumber":"Part 5A","sectionType":"part","heading":"5 Risk assessment and risk management framework","content":"Part 5A.5 Risk assessment and risk management framework\nDomestic and Family Violence Act 2007 117\n(2) Before making or amending the guidelines, the Minister must\nconsult with the following:\n(a) the Information Commissioner;\n(b) information sharing entities;\n(c) any other Agency affected by the guidelines.\n(3) Without limiting subsection (1), the guidelines may provide for the\n(a) procedures for the requesting, sharing and use of, and the\nrefusal to share or disclose, information under this Chapter;\n(b) procedures for the storage of information under this Chapter;\n(c) circumstances under which an information sharing entity\nshould obtain the consent of a person before sharing\ninformation about that person;\n(d) processes for ensuring that confidential information shared is\naccurate and complete.\n(4) The guidelines:\n(a) must be published on the Agency's website; and\n(b) may be published in any other manner decided by the\nMinister.\n","sortOrder":204},{"sectionNumber":"124P","sectionType":"section","heading":"Information sharing entities to comply with guidelines","content":"124P Information sharing entities to comply with guidelines\nAn information sharing entity must comply with the information\nsharing guidelines.\nPart 5A.5 Risk assessment and risk management\nframework\n","sortOrder":205},{"sectionNumber":"124Q","sectionType":"section","heading":"CEO may approve framework","content":"124Q CEO may approve framework\n(1) The CEO may approve a framework for family violence risk\nassessment and family violence risk management.\n(2) The CEO may approve an amendment to an approved framework.\n(3) The framework:\n(a) must be published on the Agency's website; and\n\nDomestic and Family Violence Act 2007 118\n(b) may be published in any other manner decided by the CEO.\n","sortOrder":206},{"sectionNumber":"124R","sectionType":"section","heading":"Obligation to align with approved framework","content":"124R Obligation to align with approved framework\nAn information sharing entity must ensure that its policies,\nprocedures, practice guidance and tools relevant to the sharing of\ninformation under this Chapter align with the framework approved\nunder section 124Q.\nPart 5A.6 Miscellaneous\n","sortOrder":207},{"sectionNumber":"124S","sectionType":"section","heading":"Protection of persons giving information","content":"124S Protection of persons giving information\n(1) A person is not civilly or criminally liable for the act of giving\ninformation in good faith in the exercise of a power or function as an\ninformation sharing entity.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act.\n","sortOrder":208},{"sectionNumber":"124T","sectionType":"section","heading":"Interaction with other laws","content":"124T Interaction with other laws\n(1) This Chapter has effect despite the operation of any provision of the\nInformation Act 2002 or any other law of the Territory that:\n(a) contains a power or obligation to give information; or\n(b) prohibits or restricts the disclosure of information.\n(2) This Chapter does not limit any power or obligation under another\nAct to give information.\n(3) Disclosure of information under this Chapter does not waive, or\notherwise affect, a privilege a person may claim in relation to the\ninformation under any other law of the Territory.\n","sortOrder":209},{"sectionNumber":"124U","sectionType":"section","heading":"Reviews of operation of Chapter","content":"124U Reviews of operation of Chapter\n(1) The Information Commissioner must review:\n(a) the first 2 years of operation of this Chapter; and\n(b) the 3rd to 5th years of operation of this Chapter.\n\nDomestic and Family Violence Act 2007 119\n(2) In conducting the reviews, the Information Commissioner must\nconsult with:\n(a) the Minister; and\n(b) information sharing entities.\n(3) The reviews must include consideration of any adverse effects of\nthis Chapter.\n(4) The report of the reviews may include any recommendations on\nany matter addressed in the reviews.\n(5) The Information Commissioner must give a copy of the report to the\nMinister within 6 months after the end of each period of operation\nbeing reviewed.\n(6) The Minister must table a copy of the report in the Legislative\nAssembly within 7 sitting days after the Minister receives the copy.\n\nDomestic and Family Violence Act 2007 120\n","sortOrder":210},{"sectionNumber":"125","sectionType":"section","heading":"Protection for reporting domestic violence","content":"125 Protection for reporting domestic violence\n(1) A person acting in good faith in making a report under section 124A\nis not civilly or criminally liable, or in breach of any professional\ncode of conduct:\n(a) for making the report; or\n(b) for disclosing any information in the report.\n(2) In any proceeding before a court, except with the court's leave:\n(a) the report or evidence of its contents is not admissible; and\n(b) a person cannot be compelled to give evidence, or to produce\na record, about the report or the identity of the maker of the\nreport.\n(3) The leave may be granted only if:\n(a) the report, evidence or record is of critical importance to the\nproceeding; and\n(b) failure to grant the leave would prejudice the proper\nadministration of justice.\n","sortOrder":211},{"sectionNumber":"126","sectionType":"section","heading":"Approved forms","content":"126 Approved forms\n(1) The Chief Judge:\n(a) must approve forms for a provision of this Act if the provision\nrequires a document to be made in the approved form; and\n(b) may approve forms for another document required for this Act.\nExamples of forms for subsection (1)\n1 Application form for a DVO.\n2 Form for a DVO.\n(2) If a form is approved for a document under subsection (1)(b), the\ndocument must be made in the approved form.\n(3) An approved form for a document must be consistent with any other\nrequirements stated for the document in this Act.\n\nDomestic and Family Violence Act 2007 121\n(4) An approved form must not require the insertion of the address of a\nprotected person, other than a non-residential address (or\nelectronic address) that is an address for service.\n","sortOrder":212},{"sectionNumber":"127","sectionType":"section","heading":"Regulations","content":"127 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) Without limiting subsection (1), the regulations may provide for the\n(a) compliance conditions for information sharing entities under\nChapter 5A;\n(b) appropriate information sharing policies that information\nsharing entities under Chapter 5A are required to have in\nplace;\n(c) in relation to the framework under section 124Q, the following:\n(i) entities that are required to comply with the framework\nand entities that are not;\n(ii) any prescribed forms or templates relevant to it;\n(d) record keeping requirements for Chapter 5A.\n(3) Before a regulation is made prescribing a person or body to be an\ninformation sharing entity under paragraph (g)(ii) of the definition of\ninformation sharing entity, the Minister must:\n(a) consult with the person or body; and\n(b) be satisfied that the person or body would comply with the\ninformation sharing guidelines.\n\nPart 7.2 Transitional matters for Domestic and Family Violence Act 2007\nDomestic and Family Violence Act 2007 122\nPart 7.1 Repeals\n128 Acts repealed\nThe Acts specified in Schedule 1 are repealed.\nPart 7.2 Transitional matters for Domestic and Family\nViolence Act 2007\n129 Definitions\ncommencement date means the date on which Part 7.1\ncommences.\nrepealed Act means the Domestic Violence Act 1992 as in force\nimmediately before the commencement date.\n","sortOrder":213},{"sectionNumber":"130","sectionType":"section","heading":"Restraining orders","content":"130 Restraining orders\n(1) This section applies to each of the following orders:\n(a) a restraining order in force under the repealed Act immediately\nbefore the commencement date;\n(b) a restraining order made under the repealed Act after the\ncommencement date under section 132 or 134 (including an\norder varying a restraining order);\n(c) an order confirming or varying a restraining order under the\nrepealed Act after the commencement date under section 133.\n(2) The order is taken to be a DVO and, for an order mentioned in\nsubsection (1)(a), ends when it would have ended under the\nrepealed Act unless it is earlier revoked:\n(a) under this Act; or\n(b) for an order to which section 133 applies – under the repealed\nAct as applying to it under that section.\n\nPart 7.2 Transitional matters for Domestic and Family Violence Act 2007\nDomestic and Family Violence Act 2007 123\n","sortOrder":214},{"sectionNumber":"131","sectionType":"section","heading":"Registered external restraining orders","content":"131 Registered external restraining orders\n(1) This section applies to each of the following orders:\n(a) a registered external restraining order in force under the\nrepealed Act immediately before the commencement date;\n(b) an external restraining order registered under the repealed Act\nafter the commencement date under section 132;\n(c) an external restraining order registered under the repealed Act\nafter the commencement date under section 134.\n(2) The order is taken to be a registered external order under this Act\nand, for an order mentioned in subsection (1)(a), is in force for the\nperiod it would have been in force under the repealed Act.\n","sortOrder":215},{"sectionNumber":"132","sectionType":"section","heading":"Pending applications for restraining orders","content":"132 Pending applications for restraining orders\n(1) This section applies to each of the following applications under the\nrepealed Act that had not been decided immediately before the\ncommencement date:\n(a) an application for a restraining order;\n(b) an application for the variation or revocation of a restraining\norder;\n(c) an application for the registration of an external restraining\norder;\n(d) an application for the variation or revocation of an external\nrestraining order.\n(2) Despite its repeal, the repealed Act applies to the application.\n","sortOrder":216},{"sectionNumber":"133","sectionType":"section","heading":"Confirmation hearings","content":"133 Confirmation hearings\n(a) under the repealed Act, a defendant was summoned to\nappear before the Court to show cause why a restraining\norder or variation of a restraining order should not be\nconfirmed; and\n(b) the proceeding had not been finally decided immediately\n(2) Despite its repeal, the repealed Act applies to the proceeding.\n\nPart 7.4 Transitional matters for Domestic and Family Violence (Recognition of\nDomestic Violence Orders) (National Uniform Law) Amendment Act 2017\nDomestic and Family Violence Act 2007 124\n","sortOrder":217},{"sectionNumber":"134","sectionType":"section","heading":"Pending referrals to Court","content":"134 Pending referrals to Court\n(a) under the repealed Act, the clerk had:\n(i) referred an application for a restraining order, or the\nvariation or revocation of a restraining order, to the\nCourt; or\n(ii) referred an application for the registration of an external\nrestraining order to the Court; and\n(b) the application had not been finally decided immediately\n(2) Despite its repeal, the repealed Act applies to the application.\n135 Interpretation Act not affected\nThis Part does not limit Part III of the Interpretation Act 1978.\nPart 7.3 Transitional matters for Justice Legislation\nAmendment (Vulnerable Witnesses) Act 2016\n136 Proceedings already commenced\n(1) This section applies in relation to a proceeding mentioned in\nsection 105 of this Act that started before the commencement of\nthis section.\n(2) The provisions of this Act, as in force immediately before the\ncommencement of this section, continue to apply to the proceeding.\nPart 7.4 Transitional matters for Domestic and Family\nViolence (Recognition of Domestic Violence\nOrders) (National Uniform Law) Amendment\nAct 2017\n","sortOrder":218},{"sectionNumber":"137","sectionType":"section","heading":"Definitions","content":"137 Definitions\namending Act means the Domestic and Family Violence\nAmendment Act 2017.\n\nPart 7.4 Transitional matters for Domestic and Family Violence (Recognition of\nDomestic Violence Orders) (National Uniform Law) Amendment Act 2017\nDomestic and Family Violence Act 2007 125\ncommencement date means the day on which the amending Act\ncommences.\npre-commencement Act means this Act in force immediately\n","sortOrder":219},{"sectionNumber":"138","sectionType":"section","heading":"Interim court DVO","content":"138 Interim court DVO\nAn interim DVO under section 35, as in force immediately before\nthe commencement date, is taken to be an interim court DVO under\nsection 35 and may be enforced, varied or revoked as if it were an\ninterim court DVO.\n","sortOrder":220},{"sectionNumber":"139","sectionType":"section","heading":"Interim court variation order","content":"139 Interim court variation order\nAn interim variation order under section 52A, as in force\nimmediately before the commencement date, is taken to be an\ninterim court variation order under section 52A and may be\nenforced, varied or revoked as if it were an interim court variation\norder.\n","sortOrder":221},{"sectionNumber":"140","sectionType":"section","heading":"Registered interstate DVOs","content":"140 Registered interstate DVOs\n(1) The registration of an external order under section 94, as in force\nimmediately before the commencement date, is not affected by the\ncommencement of the amending Act and this Act continues to\napply in respect of the order as if the amending Act had not\ncommenced.\n(2) The declaration of an unregistered external order under\nsection 101, as in force immediately before the commencement\ndate, is not affected by the commencement of the amending Act\nand this Act continues to apply in respect of the declaration as if the\namending Act had not commenced.\n(3) An order mentioned in subsection (1) or (2) is not a local DVO for\nthe purposes of Chapter 3 (despite section 97(1)).\n(4) An order mentioned in subsection (1) or (2) ceases to be registered\nor declared under Chapter 3 if the order becomes a recognised\nDVO in the Territory and Chapter 3A applies to the order in the\nsame way as it applies to any other recognised DVO that is a\nnon-local DVO.\nNote for section 140\nUnder this section, an interstate order registered under Chapter 3 under the\npre-commencement Act will continue to be enforceable in the Territory as\nprovided for by that Chapter. If the interstate order becomes a recognised DVO\nby operation of section 103ZG or by declaration under section 103ZK, the order\nceases to be registered under Chapter 3 and the order will then be enforceable in\n\nPart 7.6 Transitional matters for Justice Legislation Amendment (Electronic\nDocuments) Act 2022\nDomestic and Family Violence Act 2007 126\nthe Territory as provided under Chapter 3A.\n","sortOrder":222},{"sectionNumber":"141","sectionType":"section","heading":"Enforcement of non-recognised interstate DVOs","content":"141 Enforcement of non-recognised interstate DVOs\n(1) A regulation may provide for the enforcement in the Territory of an\ninterstate DVO or type of interstate DVO that is not a recognised\nDVO if the DVO was made:\n(a) in a jurisdiction that is not a participating jurisdiction; or\n(b) in a jurisdiction prior to the jurisdiction becoming a\n(2) To avoid doubt, subsection (1) extends to an interstate DVO made\nPart 7.5 Transitional matters for Evidence and Other\nLegislation Amendment Act 2020\n142 Proceeding already commenced\n(1) This section applies in relation to a proceeding mentioned in\nPart 4.1 of this Act that started before the commencement.\n(2) The provisions of this Act, as in force immediately before the\ncommencement, continue to apply to the proceeding.\ncommencement means the commencement of section 5 of the\nEvidence and Other Legislation Amendment Act 2020.\nPart 7.6 Transitional matters for Justice Legislation\nAmendment (Electronic Documents) Act 2022\n","sortOrder":223},{"sectionNumber":"143","sectionType":"section","heading":"Definition","content":"143 Definition\ncommencement means the commencement of Part 2 of the\nJustice Legislation Amendment (Electronic Documents) Act 2022.\n","sortOrder":224},{"sectionNumber":"144","sectionType":"section","heading":"DVO made but not given to parties or Court before","content":"144 DVO made but not given to parties or Court before\ncommencement\nSection 43, as in force immediately before the commencement,\ncontinues to apply in relation to a DVO that was made but had not\nbeen given to the parties or the Court before the commencement.\n\nPart 7.7 Transitional matters for Justice Legislation Amendment (Domestic and Family\nViolence) Act 2023\nDomestic and Family Violence Act 2007 127\n","sortOrder":225},{"sectionNumber":"145","sectionType":"section","heading":"DVO varied but not given to parties or Court before","content":"145 DVO varied but not given to parties or Court before\ncommencement\nSection 70, as in force immediately before the commencement,\ncontinues to apply in relation to a DVO that was varied but had not\nbeen given to the parties or the Court before the commencement.\n","sortOrder":226},{"sectionNumber":"146","sectionType":"section","heading":"DVO confirmed with variations but not given to parties or","content":"146 DVO confirmed with variations but not given to parties or\nCourt before commencement\nSection 78, as in force immediately before the commencement,\ncontinues to apply in relation to a DVO that was confirmed with\nvariations but had not been given to the parties or the Court before\nthe commencement.\nPart 7.7 Transitional matters for Justice Legislation\nAmendment (Domestic and Family Violence)\nAct 2023\n","sortOrder":227},{"sectionNumber":"147","sectionType":"section","heading":"Definitions","content":"147 Definitions\namending Act means the Justice Legislation Amendment\n(Domestic and Family Violence) Act 2023.\ncommencement means the commencement of Part 2 of the\namending Act.\n","sortOrder":228},{"sectionNumber":"148","sectionType":"section","heading":"Saving of DVOs","content":"148 Saving of DVOs\n(1) Despite the repeal of Parts 2.4 to 2.10 by the amending Act:\n(a) a court DVO, as defined in section 4 as in force immediately\nbefore the commencement, continues in force for the period\nspecified in the DVO; and\n(b) a police DVO, as defined in section 4 as in force immediately\nbefore the commencement, continues in force for the period\nspecified in the DVO.\n(2) A police DVO made under section 41, as in force immediately\nbefore the commencement, is taken to be a police DVO made\nunder section 28.\n(3) A court DVO made under section 82, as in force immediately before\nthe commencement, is taken to be a court DVO made under\nsection 48.\n\nPart 7.8 Transitional matters for Domestic and Family Violence and Victims Legislation\nDomestic and Family Violence Act 2007 128\n(4) For subsections (1) and (3), a reference to a court DVO includes a\nDVO as varied under Part 2.7 or 2.8, as in force immediately before\nthe commencement.\n(5) For subsections (1) and (2), a reference to a police DVO includes a\npolice DVO as varied under Part 2.8, Division 2, or confirmed under\nPart 2.9, as in force immediately before the commencement.\n","sortOrder":229},{"sectionNumber":"149","sectionType":"section","heading":"Application of sections 123, 124 and 124L","content":"149 Application of sections 123, 124 and 124L\n(1) Sections 123, 124 and 124L, as amended by the amending Act,\napply only in relation to offences committed after the\ncommencement.\n(2) Sections 123, 124 and 124L, as in force before the\ncommencement, continue to apply in relation to offences committed\nbefore the commencement.\n(3) For this section:\n(a) an offence is taken to be committed after the commencement\nonly if all of the conduct constituting the offence occurred after\nthe commencement; and\n(b) any other offence is taken to be committed before the\ncommencement.\n","sortOrder":230},{"sectionNumber":"150","sectionType":"section","heading":"Proceeding already started","content":"150 Proceeding already started\nDespite the repeal of Parts 2.4 to 2.10 by the amending Act,\nParts 2.4 to 2.10, as in force immediately before the\ncommencement, continue to apply in relation to a proceeding\nstarted before the commencement.\nPart 7.8 Transitional matters for Domestic and Family\nViolence and Victims Legislation Amendment\nAct 2025\n","sortOrder":231},{"sectionNumber":"151","sectionType":"section","heading":"Application of section 122","content":"151 Application of section 122\n(1) Section 122 applies only in relation to the sentencing of an offender\nfor an offence committed after the commencement.\n(2) Section 122 does not apply in relation to the sentencing of an\noffender liable to an aggregated maximum penalty mentioned in\nsection 121(2) unless each offence mentioned in section 121(2)(a)\nis committed after the commencement.\n\nPart 7.8 Transitional matters for Domestic and Family Violence and Victims Legislation\nDomestic and Family Violence Act 2007 129\n(3) If any of the conduct constituting the offence occurred before the\ncommencement, the offence is taken to have been committed\nbefore the commencement.\ncommencement means the commencement of section 5 of the\nDomestic and Family Violence and Victims Legislation Amendment\nAct 2025.\n\nDomestic and Family Violence Act 2007 130\nsection 128\nDomestic Violence Act 1992 Act No. 67 of 1992\nDomestic Violence Amendment Act 1993 Act No. 36 of 1993\nDomestic Violence Amendment Act 1994 Act No. 60 of 1994\nDomestic Violence Amendment Act 1996 Act No. 57 of 1996\nDomestic Violence Amendment Act 1998 Act No. 90 of 1998\nDomestic Violence Amendment Act 1999 Act No. 40 of 1999\nDomestic Violence Amendment (Police Orders)\nAct 2005\nAct No. 38 of 2005\n\nDomestic and Family Violence Act 2007 131\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nDomestic and Family Violence Amendment Act 2009 (Act No. 2, 2009)\nAssent date 12 March 2009\nCommenced 12 March 2009\nDomestic and Family Violence Amendment Act 2010 (Act No. 47, 2010)\nAssent date 13 December 2010\nCommenced 2 February 2011 (Gaz S7, 2 February 2011)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nDomestic and Family Violence Amendment Act 2013 (Act No. 7, 2013)\nAssent date 15 March 2013\nCommenced 5 February 2014 (Gaz G5, 5 February 2014, p 5)\nDomestic and Family Violence Amendment Act 2015 (Act No. 23, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nJustice Legislation Amendment (Vulnerable Witnesses) Act 2016 (Act No. 2, 2016)\nAssent date 2 March 2016\nCommenced 23 March 2016 (Gaz G12, 23 March 2016, p 6)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\n\nDomestic and Family Violence Act 2007 132\nDomestic and Family Violence (Recognition of Domestic Violence Orders) (National\nUniform Law) Amendment Act 2017 (Act No. 2, 2017)\nAssent date 10 March 2017\nCommenced 25 November 2017 (Gaz S86, 24 November 2017)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nDomestic and Family Violence Amendment (Information Sharing) Act 2018 (Act No. 21,\n2018)\nAssent date 8 November 2018\nCommenced 30 August 2019 (Gaz G33, 14 August 2019, p 2)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nEvidence and Other Legislation Amendment Act 2020 (Act No. 3, 2020)\nAssent date 9 March 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2020 (Act No. 18,\n2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G29, 22 July 2020, p 1)\nTerritory Families Legislation Amendment Act 2021 (Act No. 25, 2021)\nAssent date 15 December 2021\nCommenced pt 4: 13 January 2022 (Gaz S2, 13 January 2022);\nrem: 1 February 2022 (Gaz S3, 31 January 2022)\nJustice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022)\nAssent date 1 March 2022\nCommenced 2 March 2022 (s 2)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n\nDomestic and Family Violence Act 2007 133\nDomestic and Family Violence and Victims Legislation Amendment Act 2025\n(Act No. 12, 2025)\nAssent date 6 June 2025\nCommenced s 14: 1 July 2025 (s 2(2)); rem: 7 June 2025 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 10, 19, 21, 23, 33, 103Q,\n103R, 103ZC, 104, 119, 121, 124B, 124G, 124L, 129 and 135.\n4 LIST OF AMENDMENTS\npreamble sub No. 33, 2023, s 4\ns 3 amd No. 21, 2018, s 4; No. 33, 2023, s 5\ns 4 amd No. 2, 2009, s 3; No. 47, 2010, s 4; No. 9, 2016, s 93; No. 2, 2017, s 4;\nNo. 21, 2018, s 5; No. 3, 2020, s 6; No. 18, 2020, s 9; No. 2, 2022, s 4;\nNo. 33, 2023, s 6 as amd No. 4, 2024, s 4\ns 5 sub No. 33, 2023, s 7\nss 5A – 5B ins No. 33, 2023, s 7\ns 8 sub No. 33, 2023, s 8\ns 9 amd No. 33, 2023, s 9\ns 10 amd No. 33, 2023, s 10\ns 11 amd No. 33, 2023, s 11\ns 13 amd No. 2, 2017, s 5; No. 33, 2023, s 12\ns 14 sub No. 33, 2023, s 13\ns 15 sub No. 4, 2017, s 7\ns 16 sub No. 33, 2023, s 14\ns 18 amd No. 33, 2023, s 39\ns 19 sub No. 33, 2023, s 15\ns 20 amd No. 33, 2023, s 39\ns 20A ins No. 33, 2023, s 16\ns 21 amd No. 7, 2013, 4; No. 33, 2023, s 17\ns 22 amd No. 47, 2010, s 5\nsub No. 33, 2023, s 18\ns 23 amd No. 47, 2010, s 6; No. 18, 2020, s 10; No. 33, 2023, s 19\ns 24 amd No. 18, 2020, s 11; No. 33, 2023, s 39\ns 25 amd No. 33, 2023, s 39\ns 26 amd No. 33, 2023, s 20 as amd No. 4, 2024, s 5\ns 27 amd No. 2, 2017, s 6\ns 26 sub No. 33, 2023, s 21\nch 2\npt 2.4 hdg amd No. 9, 2016, s 95\nch 2\ndiv 1 hdg sub No. 33, 2023, s 22\nss 28 – 34 amd No. 9, 2016, s 95\nch 2\ndiv 2 hdg sub No. 33, 2023, s 22\ns 35 amd No. 9, 2016, s 95; No. 2, 2017, s 7\n\nDomestic and Family Violence Act 2007 134\ns 35A ins No. 47, 2010, s 7\nrep No. 33, 2023, s 22\ns 36 amd No. 47, 2010, s 8; No. 9, 2016, s 95; No. 2, 2017, s 8\nss 37 – 39 amd No. 9, 2016, s 95\ns 40 amd No. 47, 2010, s 9; No. 9, 2016, s 95\ns 41 amd No. 47, 2010, s 10; No. 9, 2016, s 95\ns 42 amd No. 23, 2015,s 4\ns 43 amd No. 2, 2009, s 4; No. 2, 2022, s 5\nch 2\ndiv 3 hdg sub No. 33, 2023, s 22\ns 44 sub No. 33, 2023, s 22\ns 45 amd No. 9, 2016, s 95\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(1)\ns 46 amd No. 47, 2010, s 11\nch 2\ndiv 1 hdg rep No. 33, 2023, s 22\nch 2\nsdiv 1 hdg rep No. 33, 2023, s 22\ns 47 amd No. 2, 2017, s 9\nch 2\nsdiv 2 hdg rep No. 33, 2023, s 22\ns 48 amd No. 18, 2020, s 12\ns 50 amd No. 9, 2016, s 95\nch 2\npt 2.5 hdg sub No. 33, 2023, s 22\nch 2\ndiv 1 hdg ins No. 33, 2023, s 22\nch 2\nsdiv 3 hdg rep No. 33, 2023, s 22\ns 51 sub No. 33, 2023, s 22\nch 2\ndiv 2 hdg ins No. 33, 2023, s 22\ns 52 sub No. 33, 2023, s 22\ns 52A ins No. 47, 2010, s 12\namd No. 2, 2017, s 10\nrep No. 33, 2023, s 22\ns 53 amd No. 47, 2010, s 13; No. 2, 2017, s 11\n\nDomestic and Family Violence Act 2007 135\ns 54 amd No. 47, 2010, s 14; No. 9, 2016, s 95; No. 2, 2017, s 12\ns 55 amd No. 9, 2016, s 95\nch 2\nsdiv 4 hdg rep No. 33, 2023, s 22\nch 2\ndiv 3 hdg ins No. 33, 2023, s 22\ns 56 amd No. 9, 2016, s 95\ns 57 amd No. 9, 2016, s 95\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(2)\ns 58 amd No. 47, 2010, s 15; No. 9, 2016, s 95\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(2)\ns 59 amd No. 2, 2022, s 6\nch 2\nsdiv 5 hdg rep No. 33, 2023, s 22\ns 60 sub No. 33, 2023, s 22\ns 61 amd No. 9, 2016, s 95\ns 62 amd No. 9, 2016, s 95\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(3)\ns 63 amd No. 47, 2010, s 16; No. 9, 2016, s 95\nch 2\ndiv 4 hdg ins No. 33, 2023, s 22\nch 2\ndiv 2 hdg rep No. 33, 2023, s 22\ns 64 sub No. 47, 2010, s 17\namd No. 2, 2017, s 13\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(4)\nch 2\ndiv 5 hdg ins No. 33, 2023, s 22\ns 65 amd No. 47, 2010, s 18; No. 9, 2016, s 95; No. 18, 2020, s 13\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(5)\ns 66 amd No. 9, 2016, s 95\ns 67 amd No. 47, 2010, s 19; No. 9, 2016, s 95\ns 68 amd No. 47, 2010, s 20; No. 9, 2016, s 95\nch 2\npt 2.6 hdg sub No. 33, 2023, s 22\nch 2\ndiv 1 hdg ins No. 33, 2023, s 22\ns 69 amd No. 47, 2010, s 21; No. 9, 2016, s 95\n\nDomestic and Family Violence Act 2007 136\nch 2\ndiv 2 hdg ins No. 33, 2023, s 22\ns 70 amd No. 47, 2010, s 22; No. 9, 2016, s 95; No. 2, 2022, s 7\nss 71 – 72 amd No. 9, 2016, s 95\nch 2\ndiv 3 hdg ins No. 33, 2023, s 22\nss 73 – 76 amd No. 9, 2016, s 95\nch 2\ndiv 4 hdg ins No. 33, 2023, s 22\ns 77 amd No. 9, 2016, s 95\nsub No. 33, 2023, s 22 as amd No. 4, 2024, s 6(6)\ns 78 amd No. 47, 2010, s 23; No. 9, 2016, s 95; No. 2, 2022, s 8\ns 79 amd No. 9, 2016, s 95; No. 2, 2022, s 9\nss 80 – 81 sub No. 33, 2023, s 22\nch 2\ndiv 5 hdg ins No. 33, 2023, s 22\ns 82 sub No. 33, 2023, s 22\nss 82A – 82C ins No. 33, 2023, s 22\nch 2\npt 2.7 hdg sub No. 33, 2023, s 22\nss 82D – 82G ins No. 33, 2023, s 22\nch 2\npt 2.8 hdg sub No. 33, 2023, s 22\nss 82H – 82Q ins No. 33, 2023, s 22\nch 2\npt 2.9 hdg sub No. 33, 2023, s 22\nss 82R – 82Y ins No. 33, 2023, s 22\nch 2\npt 2.10 hdg sub No. 33, 2023, s 22\ns 83 amd No. 47, 2010, s 24; No. 9, 2016, s 95\ns 84 sub No. 47, 2010, s 25\namd No. 17, 2012, s 55; No. 28, 2018, s 25; No. 33, 2023, s 39\ns 85 amd No. 33, 2023, s 23\ns 85AA ins No. 33, 2023, s 24\npt 2.11A hdg ins No. 18, 2020, s 14\nss 85A – 85G ins No. 18, 2020, s 14\nss 86 – 87 amd No. 33, 2023, s 39\ns 88 amd No. 9, 2016, s 95; No. 33, 2023, s 39\ns 89 amd No. 2, 2017, s 14; No. 33, 2023, s 25\ns 90 amd No. 33, 2023, s 39\ns 91B ins No. 9, 2016, s 94\ns 92 amd No. 2, 2017, s 15\ns 93 amd No. 33, 2023, s 39\ns 94 amd No. 9, 2016, s 95\ns 95 amd No. 9, 2016, s 95; No. 33, 2023, s 39\ns 97 amd No. 2, 2017, s 16; No. 33, 2023, s 39\ns 98 amd No. 33, 2023, s 39\n\nDomestic and Family Violence Act 2007 137\ns 100 amd No. 9, 2016, s 95; No. 33, 2023, s 39\npt 3.4 hdg rep No. 2, 2017, s 17\nch 3A hdg ins No. 2, 2017, s 17\npt 3A.1 hdg ins No. 2, 2017, s 17\nss 101 – 103 sub No. 2, 2017, s 17\nss 103A –\n103B ins No. 2, 2017, s 17\ns 103C ins No. 2, 2017, s 17\ns 103D ins No. 2, 2017, s 17\npt 3A.2 hdg ins No. 2, 2017, s 17\ndiv 1 hdg ins No. 2, 2017, s 17\ns 103E ins No. 2, 2017, s 17\nss 103F –\n103G ins No. 2, 2017, s 17\nss 103H –\n103J ins No. 2, 2017, s 17\ndiv 2 hdg ins No. 2, 2017, s 17\nss 103K –\n103M ins No. 2, 2017, s 17\ndiv 3 hdg ins No. 2, 2017, s 17\nss 103N –\n103S ins No. 2, 2017, s 17\npt 3A.3 hdg ins No. 2, 2017, s 17\nss 103T –\n103V ins No. 2, 2017, s 17\ns 103W ins No. 2, 2017, s 17\npt 3A.4 hdg ins No. 2, 2017, s 17\nss 103X –\n103ZA ins No. 2, 2017, s 17\npt 3A.5 hdg ins No. 2, 2017, s 17\nss 103ZB –\n103ZC ins No. 2, 2017, s 17\npt 3A.6 hdg ins No. 2, 2017, s 17\ndiv 1 hdg ins No. 2, 2017, s 17\nss 103ZD –\n103ZE ins No. 2, 2017, s 17\ndiv 2 hdg ins No. 2, 2017, s 17\n\nDomestic and Family Violence Act 2007 138\ns 103ZF ins No. 2, 2017, s 17\ns 103ZG ins No. 2, 2017, s 17\ndiv 3 hdg ins No. 2, 2017, s 17\nss 103ZH –\n103ZI ins No. 2, 2017, s 17\ndiv 4 hdg ins No. 2, 2017, s 17\ns 103ZJ ins No. 2, 2017, s 17\ns 103ZK ins No. 2, 2017, s 17\ns 103ZM ins No. 2, 2017, s 17\ns 104 amd No. 2, 2016, s 4; No. 3, 2020, s 7; No. 2, 2022, s 10\ns 105 sub No. 47, 2010, s 26\ns 106 amd No. 3, 2020, s 8\ns 107 amd No. 33, 2023, s 39\ns 109 amd No. 3, 2020, s 9; No. 33, 2023, s 39\ns 110 amd No. 9, 2016, s 95; No. 33, 2023, s 27\ns 111 amd No. 9, 2016, s 95; No. 33, 2023, s 39\ns 113 amd No. 9, 2016, s 95\nch 4\npt 4.1\ndiv 4A hdg ins No. 3, 2020, s 10\nss 113A –\n113C ins No. 3, 2020, s 10\ns 114 amd No. 2, 2016, s 5\nsub No. 3, 2020, s 11\nss 114A –\n114B ins No. 3, 2020, s 11\ns 115 amd No. 3, 2020, s 12; No. 33, 2023, s 39\ns 116 amd No. 9, 2016, s 95\ns 117 amd No. 9, 2016, s 95; No. 33, 2023, s 39\ns 118 amd No. 33, 2023, s 39\ns 119 amd No. 47, 2010, s 27; No. 9, 2016, s 95; No. 2, 2022, s 11; No. 33, 2023,\ns 39\ns 120 amd No. 33, 2023, s 39; No. 12, 2025, s 4\ns 121 amd No. 2, 2009, s 5; No. 47, 2010, s 28\nsub No. 33, 2023, s 28\ns 122 amd No. 2, 2009, s 6\nrep No. 33, 2023, s 28\nins No. 12, 2025, s 5\ns 123 amd No. 47, 2010, s 29; No. 33, 2023, s 29\ns 124 amd No. 2, 2017, s 18; No. 33, 2023, s 30\ns 124A ins No. 2, 2009, s 7\nch 5A hdg ins No. 21, 2018, s 6\npt 5A.1 hdg ins No. 21, 2018, s 6\ns 124B ins No. 21, 2018, s 6\namd No. 33, 2023, s 31\nss 124C –\n124D ins No. 21, 2018, s 6\nss 124DA –\n124DB ins No. 33, 2023, s 32\n\nDomestic and Family Violence Act 2007 139\npt 5A.2 hdg ins No. 21, 2018, s 6\ns 124E ins No. 21, 2018, s 6\namd No. 33, 2023, s 33\nss 124F –\n124H ins No. 21, 2018, s 6\npt 5A.3 hdg ins No. 21, 2018, s 6\nss 124J –\n124K ins No. 21, 2018, s 6\ns 124L ins No. 21, 2018, s 6\namd No. 33, 2023, s 34\ns 124M ins No. 21, 2018, s 6\npt 5A.4 hdg ins No. 21, 2018, s 6\ns 124N ins No. 21, 2018, s 6\ns 124P ins No. 21, 2018, s 6\npt 5A.5 hdg ins No. 21, 2018, s 6\ns 124Q ins No. 21, 2018, s 6\ns 124R ins No. 21, 2018, s 6\npt 5A.6 hdg ins No. 21, 2018, s 6\ns 124T ins No. 21, 2018, s 6\namd No. 33, 2023, s 35\ns 124U ins No. 21, 2018, s 6\ns 125 sub No. 2, 2009, s 8\ns 126 amd No. 9, 2016, s 95; No. 33, 2023, s 36\ns 127 amd No. 21, 2018, s 7; No. 25, 2021, s 30\nch 7\npt 7.2 hdg amd No. 2, 2016, s 6\nch 7\npt 7.3 hdg ins No. 2, 2016, s 7\ns 136 exp No. 34, 2007, s 136\nins No. 2, 2016, s 7\nch 7\npt 7.4 hdg ins No. 2, 2017, s 19\nss 137 – 141 exp No. 34, 2007, s 147\nins No. 2, 2017, s 19\nch 7\npt 7.5 hdg ins No. 3, 2020, s 13\ns 142 exp No. 34, 2007, s 147\nins No. 3, 2020, s 13\nch 7\npt 7.6 hdg ins No. 2, 2022, s 12\nss 143 – 146 exp No. 34, 2007, s 147\nins No. 2, 2022, s 12\nch 7\npt 7.7 hdg ins No. 33, 2023, s 37\ns 147 exp No. 34, 2007, s 147\nins No. 33, 2023, s 37\ns 148 ins No. 33, 2023, s 37\ns 149 ins No. 33, 2023, s 37 as amd No. 4, 2024, s 7\ns 150 ins No. 33, 2023, s 37\nch 7\npt 7.8 hdg ins No. 12, 2025, s 6\n\nDomestic and Family Violence Act 2007 140\ns 151 ins No. 12, 2025, s 6\nch 8 hdg exp No. 34, 2007, s 147\nch 8\npt 8.1 hdg exp No. 34, 2007, s 147\nch 8\npt 8.2 hdg exp No. 34, 2007, s 147\nch 8\npt 8.3 hdg exp No. 34, 2007, s 147\nch 8\npt 8.4 hdg exp No. 34, 2007, s 147\nsch 2 exp No. 34, 2007, s 147","sortOrder":232}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has substantially expanded from a core scheme for making and enforcing restraining/DVO orders to a broader regulatory architecture. Notable scope expansions include: the national recognition framework for interstate and New Zealand orders (Chapter 3A, sections 103A–103E); a formal statutory information‑sharing system with designated \"information sharing entities\", mandatory guidelines and criminal penalties for unauthorised disclosure (Chapter 5A, sections 124B–124N, 124L); addition and statutory definition of coercive control and economic abuse as forms of domestic violence (sections 5B and 8); explicit provision for court‑ordered rehabilitation programs and program facilitator reporting obligations (sections 24, 85A–85D); and sharper enforcement/sentencing rules including mandatory imprisonment in some cases (sections 121–122). These changes extend the law’s reach from order-making and enforcement into inter-agency risk management, behavioural intervention (rehabilitation), and national cross-jurisdictional enforcement, increasing regulatory, administrative and criminal consequences beyond the Act’s original, narrower restraining-order focus."},"complexity_factors":["Very large Act (~151+ sections across 7 chapters) with many Parts and Divisions","Extensive definitions and new behavioural concepts added (e.g. coercive control s 5B, emotional abuse s 5A, economic abuse s 8)","Multiple cross-references to other statutes and instruments (Criminal Code, Evidence Act 1939, Firearms Act 1997, Sentencing Act 1995, Interpretation Act 1978 and various interstate laws)","Chapter 3A: national recognition scheme introduces cross-jurisdictional rules, differing \"properly notified\" tests and supersession rules (103E–103J, 103K–103M)","Chapter 5A: layered information‑sharing regime with approvals, ministerial/CEO guidelines, statutory limits and criminal offence for unauthorised disclosure (124B–124N, 124L)","Numerous conditional pathways and exceptions (police vs court DVOs, interim orders, urgent variations, consent orders, variation without hearing, presumptions in housing matters s 20)","Complex enforcement and sentencing architecture including strict liability, aggregated penalties and mandatory imprisonment provisions (ss 120–122, 121)","Detailed procedural protections for vulnerable witnesses and children including recorded statements, audiovisual links and limits on direct cross-examination (ss 106–114B, 113A–113C)","Extensive transitional and amendment provisions spanning many earlier Acts and staged commencement rules (Chapter 7, endnotes and amendment history)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a statutory system of domestic violence orders (DVOs) that protect people in defined \"domestic relationships\" from a wide range of abusive conduct (court DVOs and urgent police DVOs). (See Parts 2.3, 2.4 and sections 9, 21, 28.)\n\n- Defines \"domestic violence\" broadly to include physical and sexual abuse, emotional/psychological abuse, economic abuse, stalking, intimidation, coercive control and use of technology to commit those acts. Children exposed to that conduct are included. (See sections 5, 5A, 5B, 7, 8, 3(2) notes.)\n\n- Sets out who is a protected person and who is a respondent, the standard for making orders (reasonable grounds to fear domestic violence) and the matters the court or police must consider, with the safety of protected persons and children as the paramount consideration. (See sections 13, 14, 18, 19.)\n\n- Lets police make urgent temporary DVOs when necessary for safety; those police DVOs must be recorded, given to parties and brought before a court for confirmation as soon as practicable. (See sections 28–34.)\n\n- Prescribes the content of orders: mandatory prohibition on further domestic violence, contact and proximity restraints, premises exclusion, tenancy orders, orders to destroy intimate images, requirements to attend rehabilitation programs and ancillary compliance measures. (See sections 20A, 21–24, 22–23, 21(1B), 24.)\n\n- Provides enforcement tools and criminal offences for contravening a DVO, including strict liability for contraventions, graduated maximum terms (up to 5 years where harm is involved) and mandatory imprisonment in specified sentencing circumstances. (See sections 120–122, 121.)\n\n- Creates a national recognition scheme so DVOs made in other Australian jurisdictions and certain New Zealand orders can be enforced in the Territory (including recognising variations and disqualifications such as for firearms/weapons licences). (See Chapter 3A, notably sections 103E, 103K, 103P–103R.)\n\n- Establishes an information-sharing framework allowing specified agencies and services to share information to assess or prevent domestic violence threats, sets limits and confidentiality protections, and creates offences for unauthorised disclosure. The Minister and CEO must publish guidelines and a risk-assessment framework for agencies to follow. (See Chapter 5A, sections 124B–124R, 124N–124Q, 124L.)\n\n- Adapts procedures to protect vulnerable witnesses and children in DVO proceedings (closed court, use of recorded statements, audiovisual links, limits on direct cross-examination by unrepresented defendants). (See Chapter 4, sections 106–113, 114–114B, 113A–113C.)\n\n- Provides transitional provisions and numerous amendment powers and regulations to support implementation. (See Chapter 7 and section 127.)\n\n\nWho this affects (straightforward)\n\n- Protected persons: people (including children) in domestic relationships who seek the law’s protection (s 13; s 9 defines domestic relationship).\n- Respondents: the person named in an application or order (must be aged 14+). (s 14.)\n- Police: authorised officers may issue urgent DVOs, must file reports and can be granted special powers (s 28, 32, 84).\n- Courts, registrars and judicial officers: decide, confirm, vary and revoke DVOs and supervise procedural protections (Chapters 2 and 4).\n- Program facilitators and service providers: can be required to report non‑compliance or danger, and rehabilitation programs can be declared and imposed (s 85A–85E).\n- Information sharing entities and other public agencies: subject to new collection, use and disclosure powers and obligations (Chapter 5A, s 124B onwards).\n- Holders and applicants for licences and permits: some non‑local DVOs can trigger local suspensions/revocations (firearms/weapons, s 103P–103R).\n\n\nWhy it matters (claimed purpose, then practical trade-offs)\n\n- The Act expressly aims to reduce and prevent domestic violence and to protect victims, hold perpetrators accountable and encourage behavioural change via orders and rehabilitation (s 3). That is achieved by creating immediate police tools for urgent risk, continuing court oversight, and by connecting DVOs across jurisdictions (Chapter 3A).\n\n- Practical trade-offs and implementation issues the law itself creates or recognises:\n  - Administrative burden: police must prepare and file criminal history and DVO-history reports (s 32–33), and registrars/courts must manage confirmations, variations and national-recognition processes; agencies must develop and comply with guidelines and approved frameworks (s 124N, 124Q). Those tasks require staff time and systems.\n  - Service‑capacity constraint for rehabilitation programs: courts may order attendance (s 24, 85A), but orders can be made only if places are available (s 24(2)(a)(ii)). That ties the effectiveness of behaviour-change measures to supply of programs.\n  - Privacy and information risk: a statutory information‑sharing regime (Chapter 5A) enables agencies to act on threats (s 124E–124F) but creates legal exposure for unauthorised disclosures (s 124L) and requires balancing safety with confidentiality; guidelines and statutory limits attempt to manage that (s 124G, 124N). The law also restricts publication of personal details in defined circumstances (s 26, 124).\n  - Criminal‑justice costs and incentives: contraventions are strict‑liability offences with significant maximum prison terms (s 120–121) and mandatory imprisonment in specified cases (s 122). That increases incarceration risk and reduces sentencing discretion in some cases, shifting costs to correctional and court systems.\n  - Cross‑jurisdiction effects on private rights: national recognition can import prohibitions (including disqualification to hold firearms/weapons licences) made elsewhere into local consequences for individuals (s 103K, 103Q–103R). This alters licence‑holders’ legal position without a new local hearing in some cases.\n  - Safeguards against misuse: the Act requires courts to identify \"the party most in need of protection\" where there are competing allegations and prevents making DVOs against that person unless necessary and consistent with objects (s 19(4)–(8)); this is a procedural response to the risk of orders being used as a tool of abuse.\n\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: costs fall on multiple actors — government agencies (police, courts, service providers) for administration, detention and enforcement; respondents who may lose liberties, licenses, property access or be required to attend programs (s 21, 22, 23, 24, 103Q); private program providers may carry reporting burdens (s 85D). Individuals who fail to report (where criminally required) may face fines (s 124A).\n\n- Who decides: authorised police officers and courts (including registrars and judges) make orders and decide variations/revocations (Parts 2.4, 2.5, 2.6). Ministers and CEOs set program declarations and information‑sharing frameworks/guidelines (s 85A, 124N, 124Q).\n\n- Behaviour change incentivised or constrained: respondents face legal restraints, penalties and court-ordered programs intended to deter or change violent conduct (s 21, 24, 85). Agencies are incentivised to share and act on risk information (Chapter 5A). Courts and police are given powers to intervene early (police DVOs, premises‑exclusion, detention to effect service — s 28, 22, 84).\n\n\nImplementation risk and discretion\n\n- The law grants considerable operational discretion (police detention and urgent variations, court power to make interim and final orders, registrar declarations for national recognition). Those discretions are bounded by statutory factors but rely on administrative capacity and professional judgment (see sections 28, 49, 64, 103ZK).\n\n- Effectiveness depends on non‑legislative capacity: availability of rehabilitation programs, trained personnel to support vulnerable witnesses and IT/procedure to manage information sharing and privacy safeguards (s 85A, 110–113, 124N–124Q)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":859},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2007 scope. Major additions include: Chapter 3A (2017) creating a national recognition scheme for interstate and New Zealand orders; Chapter 5A (2018) establishing an information sharing framework across government agencies; Part 2.11A (2020) adding rehabilitation programs; and the 2023 amendments introducing specific offences for coercive control and emotional/psychological abuse as standalone categories. The 2025 amendments added mandatory imprisonment for DVO breaches. The original Act focused primarily on court and police DVOs with basic enforcement — it now encompasses national coordination, multi-agency information sharing, behavioural change programs, and expanded definitions of violence."},"complexity_factors":["Extensive defined terms section with 47+ definitions including nested cross-references to other sections","Multiple overlapping pathways for creating DVOs (police DVOs, court DVOs, interim orders, consent orders, urgent variations)","Complex national recognition scheme (Chapter 3A) with automatic recognition, enforcement rules, and firearms/weapons licence disqualifications","Detailed information sharing framework (Chapter 5A) with permitted uses, confidentiality offences, and interaction with other laws","Numerous transitional provisions across 8 separate Parts in Chapter 7 dealing with amendments from 2009-2025","Conditional logic throughout: e.g., section 19 requires consideration of 11+ factors with 'paramount consideration' hierarchies","Cross-border justice modifications and external order registration creating parallel enforcement mechanisms","Mandatory sentencing provisions (section 122) with strict liability offences and aggregated penalty calculations"],"plain_english_summary":"The Northern Territory law provides relief and protection through Domestic Violence Orders (DVOs) for people in domestic relationships, covering physical, sexual, emotional, economic, stalking, technology-facilitated abuse and coercive control. Police and courts can issue DVOs (including urgent police orders), breaches carry criminal penalties, and orders made interstate or in New Zealand are recognised. It enables information-sharing among agencies, mandates reporting of serious domestic violence, and prioritises victim safety and reduced re‑traumatisation."}},"importantCases":[],"_links":{"self":"/api/acts/domestic-and-family-violence-act-2007","history":"/api/acts/domestic-and-family-violence-act-2007/history","analysis":"/api/acts/domestic-and-family-violence-act-2007/analysis","conflicts":"/api/acts/domestic-and-family-violence-act-2007/conflicts","importantCases":"/api/acts/domestic-and-family-violence-act-2007/important-cases","documents":"/api/acts/domestic-and-family-violence-act-2007/documents"}}