{"id":"tas:act-2004-067","name":"Family Violence Act 2004","slug":"family-violence-act-2004","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"67 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105605,"registerId":"tas-act-2004-067-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"### 3 Objects of Act\n\n> In the administration of this Act, the safety, psychological wellbeing and interests of people affected by family violence are the paramount considerations.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***affected child*** means a child whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence;\n> \n> > ***affected person*** means a person against whom family violence is directed;\n> \n> > ***Chief Clerk of Petty Sessions*** means the person holding office as the Chief Clerk of Petty Sessions under [section 16 of the](/view/html/inforce/2026-04-12/act-1959-077#GS16@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ;\n> \n> > [*\\[Section 4 Amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja12@GC1@EN) ***Director, MPES*** means the Director, Monetary Penalties Enforcement Services appointed under [section 8 of the](/view/html/inforce/2026-04-12/act-2005-057#GS8@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) ;\n> \n> > [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS4@Hpa@EN) ***Director of Corrective Services*** means the Director of Corrective Services appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-1997-051#GS5@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> \n> > [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS4@Hpa@EN) ***DPP*** means the Director of Public Prosecutions;\n> \n> > ***economic abuse*** means an offence in accordance with [section 8](#GS8@EN) ;\n> \n> > ***emotional abuse or intimidation*** means an offence in accordance with [section 9](#GS9@EN) ;\n> \n> > [*\\[Section 4 Amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja2@GC1@EN) ***external family violence order*** means an order made by a court of New Zealand which has been made to prevent family violence;\n> \n> > ***Family Court order*** means an order made under Part 7 of the *Family Law Act 1975* of the Commonwealth;\n> \n> > ***family relationship*** means a marriage or a significant relationship within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , and includes a relationship in which one or both of the parties is between the ages of 16 and 18 and would, but for that fact, be a significant relationship within the meaning of that Act;\n> \n> > ***family violence*** means family violence as defined in [section 7](#GS7@EN) ;\n> \n> > ***family violence offence*** means any offence the commission of which constitutes family violence;\n> \n> > ***FVO*** means a family violence order made under [section 16](#GS16@EN) ;\n> \n> > ***harassing*** means doing any one or more of the following actions in respect of a particular person:\n> > \n> > > > (a) following the person;\n> > > \n> > > > (b) keeping the person under surveillance;\n> > > \n> > > > (c) loitering outside the residence or workplace of the person;\n> > > \n> > > > (d) loitering outside a place that the person frequents;\n> > > \n> > > > (e) entering or interfering with the property of the person;\n> > > \n> > > > (f) sending offensive material to the person or leaving offensive material where it is likely to be found by, given to or brought to the attention of the person;\n> > > \n> > > > (g) publishing or transmitting offensive material by electronic or any other means in such a way that the offensive material is likely to be found by, or brought to the attention of, the person;\n> > > \n> > > > (h) using the internet or any other form of electronic communication in a way that could reasonably be expected to cause the person to be apprehensive or fearful;\n> > > \n> > > > (i) contacting the person by postal, telephonic, electronic or any other means of communication;\n> > > \n> > > > (j) [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:22 Dec 2022\\]*](/view/html/inforce/2022-12-22/act-2022-021#GS4@Hpb@EN) making unwelcome contact, directly or indirectly, with the person;\n> \n> > ***interim FVO*** means an interim FVO made under [section 23](#GS23@EN) ;\n> \n> > ***PFVO*** means a police family violence order made under [section 14](#GS14@EN) ;\n> \n> > ***premises*** includes any, or any part of any, of the following (whether a public place or private property):\n> > \n> > > > (a) an area of land;\n> > > \n> > > > (b) a building or structure (whether movable or immovable), including a residence;\n> > > \n> > > > (c) a vehicle, vessel or aircraft;\n> > > \n> > > > (d) a caravan or trailer;\n> \n> > ***property*** includes everything animate or inanimate that is capable of being owned;\n> \n> > [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS4@Hpc@EN) ***rehabilitation program*** means a structured treatment program designed to reduce the likelihood of a person committing family violence;\n> \n> > [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS4@Hpd@EN) ***rehabilitation program assessment*** means an assessment of the suitability of a person to take part in a rehabilitation program;\n> \n> > ***relevant Family Court order*** means, in relation to an FVO or a PFVO, a Family Court order relating to access between –\n> > \n> > > > (a) the person for whose benefit the FVO or PFVO is sought or made or the person against whom the FVO or PFVO is sought or made; and\n> > > \n> > > > (b) a child who is a member of the family of either of those persons;\n> \n> > ***residential premises*** means residential premises within the meaning of the [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) ;\n> \n> > ***residential tenancy agreement*** means a residential tenancy agreement within the meaning of the [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) ;\n> \n> > ***risk screening*** means an assessment carried out by a police officer of the likelihood of the repetition or escalation of family violence;\n> \n> > ***safety audit*** means an audit carried out by a police officer of the physical and other measures immediately available to enhance the safety of an affected person or affected child and includes the preparation of a plan to implement those measures;\n> \n> > [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS4@Hpe@EN) ***serial family violence declaration***, in relation to an offender, means a declaration under [section 29A](#GS29A@EN) that is in force in relation to that offender;\n> \n> > [*\\[Section 4 Amended by No. 21 of 2022, s. 4, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS4@Hpe@EN) ***serial family violence perpetrator*** means an offender in respect of whom a declaration under [section 29A](#GS29A@EN) is in force;\n> \n> > ***spouse or partner*** of a person means another person with whom the person is, or has been, in a family relationship.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of \"court\"","content":"### 5 Meaning of \"court\"\n\n> > (1)  Subject to [subsection (2)](#GS5@Gs2@EN) , \"**court**\" means a court of summary jurisdiction within the meaning of the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .\n> \n> > (2)  A court when constituted by one or more justices may only exercise the jurisdiction prescribed by rules of court made under [section 144 of the](/view/html/inforce/2026-04-12/act-1959-077#GS144@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act to prevail","content":"### 6 Act to prevail\n\n> Where there is an inconsistency between this Act and another Act, this Act prevails to the extent of that inconsistency.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Family violence offences","content":"# Part 2 Family violence offences","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Family violence","content":"### 7 Family violence\n\n> [*\\[Section 7 Amended by No. 21 of 2022, s. 5, Applied:22 Dec 2022\\]*](/view/html/inforce/2022-12-22/act-2022-021#GS5@Hpa@EN) [*\\[Section 7 Amended by No. 34 of 2019, s. 9, Applied:08 Oct 2019\\]*](/view/html/inforce/2019-10-08/act-2019-034#GS9@EN) [*\\[Section 7 Amended by No. 21 of 2022, s. 5, Applied:22 Dec 2022\\]*](/view/html/inforce/2022-12-22/act-2022-021#GS5@Hpb@EN) [*\\[Section 7 Amended by No. 32 of 2015, s. 4, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS4@Hpa@EN) [*\\[Section 7 Amended by No. 32 of 2015, s. 4, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS4@Hpb@EN) [*\\[Section 7 Substituted by No. 30 of 2024, s. 4, Applied:13 Dec 2024\\]*](/view/html/inforce/2024-12-13/act-2024-030#GS4@Hpa@EN)\n> \n> > (1)  In this Act –\n> > \n> > > ***family violence*** means –\n> > > \n> > > > > (a) any of the following types of conduct committed by a person, directly or indirectly, against that person's spouse or partner:\n> > > > > \n> > > > > > > (i) assault, including (but not limited to) sexual assault, indecent assault and aggravated assault;\n> > > > > > \n> > > > > > > (ii) threats, coercion, intimidation or verbal abuse;\n> > > > > > \n> > > > > > > (iii) abduction;\n> > > > > > \n> > > > > > > (iv) stalking and bullying within the meaning of [section 192 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS192@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > > > > > \n> > > > > > > (v) rape;\n> > > > > > \n> > > > > > > (vi) wounding or bodily harm, including grievous bodily harm and committing an unlawful act intended to cause bodily harm;\n> > > > > > \n> > > > > > > (vii) penetrative sexual abuse of a child, a young person or a person with a mental impairment;\n> > > > > > \n> > > > > > > (viii) any other conduct that causes personal injury;\n> > > > > > \n> > > > > > > (ix) attempting or threatening to commit conduct referred to in [subparagraph (i)](#GS7@Gs1@Nd1572004492516@Hpa@Hqi@EN) , [(ii)](#GS7@Gs1@Nd1572004492516@Hpa@Hqii@EN) , [(iii)](#GS7@Gs1@Nd1572004492516@Hpa@Hqiii@EN) [(iv)](#GS7@Gs1@Nd1572004492516@Hpa@Hqiv@EN) , [(v)](#GS7@Gs1@Nd1572004492516@Hpa@Hqv@EN) , [(vi)](#GS7@Gs1@Nd1572004492516@Hpa@Hqvi@EN) , [(vii)](#GS7@Gs1@Nd1572004492516@Hpa@Hqvii@EN) or [(viii)](#GS7@Gs1@Nd1572004492516@Hpa@Hqviii@EN) ; or\n> > > > \n> > > > > (b) any of the following:\n> > > > > \n> > > > > > > (i) economic abuse;\n> > > > > > \n> > > > > > > (ii) emotional abuse or intimidation;\n> > > > > > \n> > > > > > > (iii) contravening an external family violence order, an interim FVO, an FVO or a PFVO; or\n> > > > \n> > > > > (c) any damage caused by a person, directly or indirectly, to any property –\n> > > > > \n> > > > > > > (i) jointly owned by that person and his or her spouse or partner; or\n> > > > > > \n> > > > > > > (ii) owned by that person's spouse or partner; or\n> > > > > > \n> > > > > > > (iii) owned by an affected child; or\n> > > > \n> > > > > (d) any conduct committed by a person that causes the death or neglect of, or injury to, an animal that, directly or indirectly –\n> > > > > \n> > > > > > > (i) intimidates, coerces or controls the person’s spouse or partner; or\n> > > > > > \n> > > > > > > (ii) causes mental harm to, or apprehension or fear in, the person’s spouse or partner; or\n> > > > \n> > > > > (e) any threats made by a person regarding the potential death or neglect of, or injury to, an animal that, directly or indirectly –\n> > > > > \n> > > > > > > (i) intimidates, coerces or controls the person’s spouse or partner; or\n> > > > > > \n> > > > > > > (ii) causes mental harm to, or apprehension or fear in, the person’s spouse or partner; or\n> > > > \n> > > > > (f) any conduct referred to in [paragraph (d)](#GS7@Gs1@Nd1572004492516@Hpd@EN) or threats referred to in [paragraph (e)](#GS7@Gs1@Nd1572004492516@Hpe@EN) by a person that the person knows, or reasonably ought to know, is likely to, directly or indirectly –\n> > > > > \n> > > > > > > (i) intimidate, coerce or control the person’s spouse or partner; or\n> > > > > > \n> > > > > > > (ii) cause mental harm to, or apprehension or fear in, the person’s spouse or partner.\n> \n> > (2)  For the purposes of [subsection (1)(d)](#GS7@Gs1@Nd1572004492516@Hpd@EN) , [(e)](#GS7@Gs1@Nd1572004492516@Hpe@EN) or [(f)](#GS7@Gs1@Nd1572004492516@Hpf@EN) , it is irrelevant whether the animal referred to in the relevant paragraph –\n> > \n> > > > (a) is owned by a person referred to in the paragraph or another person; or\n> > > \n> > > > (b) is domesticated or not.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Economic abuse","content":"### 8 Economic abuse\n\n> A person must not, with intent to unreasonably control or intimidate his or her spouse or partner or cause his or her spouse or partner mental harm, apprehension or fear, pursue a course of conduct made up of one or more of the following actions:\n> \n> > > (a) coercing his or her spouse or partner to relinquish control over assets or income;\n> > \n> > > (b) disposing of property owned –\n> > > \n> > > > > (i) jointly by the person and his or her spouse or partner; or\n> > > > \n> > > > > (ii) by his or her spouse or partner; or\n> > > > \n> > > > > (iii) by an affected child –\n> > > \n> > > without the consent of the spouse or partner or affected child;\n> > \n> > > (c) preventing his or her spouse or partner from participating in decisions over household expenditure or the disposition of joint property;\n> > \n> > > (d) preventing his or her spouse or partner from accessing joint financial assets for the purposes of meeting normal household expenses;\n> > \n> > > (e) withholding, or threatening to withhold, the financial support reasonably necessary for the maintenance of his or her spouse or partner or an affected child.\n> \n> Penalty:  Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 2 years.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Emotional abuse or intimidation","content":"### 9 Emotional abuse or intimidation\n\n> > (1)  A person must not pursue a course of conduct that he or she knows, or ought to know, is likely to have the effect of unreasonably controlling or intimidating, or causing mental harm, apprehension or fear in, his or her spouse or partner.\n> > \n> > Penalty:  Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 2 years.\n> \n> > (2)  In this section –\n> > \n> > > ***a course of conduct*** includes limiting the freedom of movement of a person's spouse or partner by means of threats or intimidation.","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"Limitation period for offences under  section 8  or  9","content":"### 9A Limitation period for offences under  section 8  or  9\n\n> [*\\[Section 9A Inserted by No. 32 of 2015, s. 5, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS5@EN) A complaint for an offence against [section 8](#GS8@EN) or [9](#GS9@EN) must be made against a person within 12 months from the day on which the action, or the last action, that made up the course of conduct to which the matter of complaint relates, occurred.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Power of police to enter certain premises","content":"### 10 Power of police to enter certain premises\n\n> > (1)  A police officer may, without warrant, and using such force as is necessary, enter and remain on premises for such period as he or she considers reasonably necessary to prevent family violence –\n> > \n> > > > (a) at the request of a person who apparently resides on the premises; or\n> > > \n> > > > (b) if the officer reasonably suspects that family violence is being, has been or is likely to be committed on those premises.\n> \n> > (2)  A police officer who enters premises under [subsection (1)](#GS10@Gs1@EN) may –\n> > \n> > > > (a) arrest, without warrant, any person on those premises to facilitate the issue of a PFVO, or the making of an application for an FVO, in respect of that person; and\n> > > \n> > > > (ab) [*\\[Section 10 Subsection (2) amended by No. 32 of 2015, s. 6, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS6@Hpa@EN) orally direct any person on the premises to remain on the premises in the company of the police officer, or another police officer stated in the direction, for as long as is reasonably necessary to conduct a search under [subsection (3)](#GS10@Gs3@EN) in respect of that person; and\n> > > \n> > > > (b) remain on those premises in order to conduct a risk screening, safety audit or forensic examination with such assistance as is necessary and reasonable in the circumstances.\n> \n> > (2A)  [*\\[Section 10 Subsection (2A) inserted by No. 32 of 2015, s. 6, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS6@Hpb@EN) If a person is directed to remain on premises under [subsection (2)(ab)](#GS10@Gs2@Hpab@EN) , a police officer may use such force as is reasonably necessary to detain the person and conduct a search under [subsection (3)](#GS10@Gs3@EN) .\n> \n> > (3)  A police officer who enters premises under [subsection (1)](#GS10@Gs1@EN) may, without warrant –\n> > \n> > > > (a) search any person on those premises whom the officer reasonably suspects of having in his or her possession any object which the police officer reasonably suspects has been used, or may be used, to commit a family violence offence or has been created in the commission of a family violence offence; and\n> > > \n> > > > (b) search those premises for the presence of any such object; and\n> > > \n> > > > (c) seize and retain any such object.\n> \n> > (4)  If a police officer reasonably suspects that a person has committed family violence and in so acting has used or created an object, the officer may, without warrant and using such force as is necessary –\n> > \n> > > > (a) enter any premises on which the officer reasonably suspects that the object may be found; and\n> > > \n> > > > (b) search those premises for the object; and\n> > > \n> > > > (c) search any person who the officer reasonably suspects has possession of the object; and\n> > > \n> > > > (d) seize and retain the object; and\n> > > \n> > > > (e) arrest, without warrant, any person on those premises to facilitate the issue of a PFVO, or the making of an application for an FVO, in respect of that person.\n> \n> > (5)  Where a police officer reasonably suspects that –\n> > \n> > > > (a) a person has committed, or is likely to commit, family violence; and\n> > > \n> > > > (b) the person is in possession or control of a firearm –\n> > \n> > the police officer may enter premises, without warrant and using such force as is reasonably necessary in the circumstances, in order to search for and seize the firearm.\n> \n> > (6)  [*\\[Section 10 Subsection (6) amended by No. 32 of 2015, s. 6, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS6@Hpc@EN) On an application made by a police officer or by any person who claims to be the owner of an object seized and detained under [subsection (2A)](#GS10@Gs2A@EN) , [(3)](#GS10@Gs3@EN) , [(4)](#GS10@Gs4@EN) or [(5)](#GS10@Gs5@EN) , a court may order that the object –\n> > \n> > > > (a) be forfeited to the Crown; or\n> > > \n> > > > (b) be destroyed; or\n> > > \n> > > > (c) be returned to the owner; or\n> > > \n> > > > (d) be otherwise disposed of in such manner as the court thinks fit.\n> \n> > (7)  If a police officer reasonably suspects that a person has committed family violence, the officer, without warrant and using such force as is reasonably necessary in the circumstances, may –\n> > \n> > > > (a) enter any premises on which the officer reasonably suspects the person may be found; and\n> > > \n> > > > (b) search those premises for the person; and\n> > > \n> > > > (c) arrest the person.\n> \n> > (7A)  [*\\[Section 10 Subsection (7A) inserted by No. 32 of 2015, s. 6, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS6@Hpd@EN) For the purpose of exercising his or her powers under this section, a police officer may authorise any other person, including another police officer, to assist the police officer as is necessary in the circumstances.\n> \n> > (7B)  [*\\[Section 10 Subsection (7B) inserted by No. 32 of 2015, s. 6, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS6@Hpd@EN) A person authorised under [subsection (7A)](#GS10@Gs7A@EN) to assist a police officer may use such force as is reasonably necessary in the circumstances to so assist.\n> \n> > (7C)  [*\\[Section 10 Subsection (7C) inserted by No. 32 of 2015, s. 6, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS6@Hpd@EN) A person must comply with a direction given to the person by a police officer under [subsection (2)(ab)](#GS10@Gs2@Hpab@EN) .\n> > \n> > Penalty:  Fine not exceeding 80 penalty units.\n> \n> > (8)  In this section –\n> > \n> > > ***object*** means any matter, material or thing and includes firearms.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Arrest and detention","content":"### 11 Arrest and detention\n\n> > (1)  Where a police officer reasonably suspects that a person has committed family violence, the officer may arrest that person without a warrant.\n> \n> > (2)  Subject to [subsection (4)](#GS11@Gs4@EN) , a person taken into custody under this section or [section 10](#GS10@EN) must be brought before a court as soon as practicable after being taken into custody unless released unconditionally or under [section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .\n> \n> > (3)  Subject to [subsection (4)](#GS11@Gs4@EN) of this section, [section 4 of the](/view/html/inforce/2026-04-12/act-1995-072#GS4@EN) [Criminal Law Detention and Interrogation Act 1995](/view/html/inforce/2026-04-12/act-1995-072) applies to a person taken into custody under [subsection (1)](#GS11@Gs1@EN) .\n> \n> > (4)  A police officer may detain a person taken into custody under [subsection (1)](#GS11@Gs1@EN) for a period reasonably required to do any or all of the following:\n> > \n> > > > (a) determine the charge or charges which should be laid in relation to the family violence;\n> > > \n> > > > (b) carry out a risk screening or safety audit;\n> > > \n> > > > (c) implement the measures identified by a safety audit where it is practical to do so;\n> > > \n> > > > (d) make and serve a PFVO or an application for an FVO.\n> \n> > (5)  In deciding whether to arrest a person under [subsection (1)](#GS11@Gs1@EN) , the police officer is to give priority to the safety, wellbeing and interests of any affected person or affected child.\n> \n> > (6)  [*\\[Section 11 Subsection (6) inserted by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja2@GC2@EN) A police officer may detain a person for a period reasonably required to enable the police officer to determine the status of a *non-local DVO*, as defined in the [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) .","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Bail","content":"### 12 Bail\n\n> > (1)  A person charged with a family violence offence is not to be granted bail unless a judge, court or police officer is satisfied that release of the person on bail would not be likely to adversely affect the safety, wellbeing and interests of an affected person or affected child.\n> \n> > (2)  Without limiting the matters to be taken into account in considering whether or not to grant bail to a person, a judge, court or police officer must have regard to the following:\n> > \n> > > > (a) any available risk screening or rehabilitation program assessment;\n> > > \n> > > > (b) the person's demeanour;\n> > > \n> > > > (c) [*\\[Section 12 Subsection (2) amended by No. 32 of 2015, s. 7, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS7@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (d) the availability of suitable accommodation for the person and any affected person or affected child;\n> > > \n> > > > (e) any other matter the judge, court or police officer considers relevant.\n> \n> > (3)  [Section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) does not apply to a person charged with an offence under [section 35](#GS35@EN) of this Act.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Sentencing factors","content":"### 13 Sentencing factors\n\n> When determining the sentence for a family violence offence, a court or a judge –\n> \n> > > (a) [*\\[Section 13 Amended by No. 21 of 2022, s. 6, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS6@EN) is to consider any of the following to be an aggravating factor:\n> > > \n> > > > > (i) the fact that the offender knew, or was reckless as to whether, a child was present or on the premises at the time of the offence;\n> > > > \n> > > > > (ii) the fact that the offender knew, or was reckless as to whether, the affected person was pregnant;\n> > > > \n> > > > > (iii) the fact that the offender is a serial family violence perpetrator; and\n> > \n> > > (b) must take into account the results of any rehabilitation program assessment undertaken in respect of the offender and placed before the court or judge.","sortOrder":15},{"sectionNumber":"13A","sectionType":"section","heading":"Recording of family violence offences and serial family violence perpetrators","content":"### 13A Recording of family violence offences and serial family violence perpetrators\n\n> [*\\[Section 13A Inserted by No. 6 of 2017, s. 8, Applied:28 Apr 2017\\]*](/view/html/inforce/2017-04-28/act-2017-006#GS8@EN)\n> \n> > (1)  [*\\[Section 13A Subsection (1) amended by No. 50 of 2017, s. 4, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS4@Hpb@EN) [*\\[Section 13A Subsection (1) amended by No. 50 of 2017, s. 4, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS4@Hpa@EN) If a person pleads guilty to an offence, or is found guilty of an offence, and the court or judge is satisfied that the offence was a family violence offence, the court or judge is to direct that the offence be recorded on the person's criminal record as a family violence offence.\n> \n> > (1A)  [*\\[Section 13A Subsection (1A) inserted by No. 21 of 2022, s. 7, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS7@EN) If a person is declared to be a serial family violence perpetrator, the court or judge that declares the person to be a serial family violence perpetrator is to direct that the declaration be recorded on the person's criminal record.\n> \n> > (2)  [*\\[Section 13A Subsection (2) amended by No. 50 of 2017, s. 4, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS4@Hpe@EN) [*\\[Section 13A Subsection (2) amended by No. 50 of 2017, s. 4, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS4@Hpd@EN) [*\\[Section 13A Subsection (2) amended by No. 50 of 2017, s. 4, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS4@Hpc@EN) A court or judge that directs a recording to be made under this section may, on application or on its, his or her own motion, direct that the record be corrected if the court or judge considers that there is an error in the record.\n> \n> > (3)  [*\\[Section 13A Subsection (3) amended by No. 50 of 2017, s. 4, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS4@Hpf@EN) A record, or a correction of a record, under this section is to be made in the manner, and within the time, determined by the court or judge.\n> \n> > (4)  In this section –\n> > \n> > > ***criminal record*** means a record, containing information about the outcome of criminal proceedings, kept by –\n> > > \n> > > > > (a) a court of this State; or\n> > > > \n> > > > > (b) a Government department or State authority within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; or\n> > > > \n> > > > > (c) a council.","sortOrder":16},{"sectionNumber":"13B","sectionType":"section","heading":"Effect of failure to submit evidence","content":"### 13B Effect of failure to submit evidence\n\n> [*\\[Section 13B Inserted by No. 50 of 2017, s. 5, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS5@EN)\n> \n> > (1)  If –\n> > \n> > > > (a) a person is charged with a family violence offence (the ***first charge***) in a court of summary jurisdiction but is acquitted because the prosecution has informed the court that it will not be offering any evidence in support of the charge; and\n> > > \n> > > > (b) the person is charged with another family violence offence (the ***second charge***), whether in a court of summary jurisdiction or on indictment –\n> > \n> > that acquittal does not prevent the admission, in a hearing on the second charge, of first charge evidence as evidence of the relationship between the person and another person, tendency evidence or coincidence evidence.\n> \n> > (2)  In this section –\n> > \n> > > ***coincidence evidence*** has the same meaning as in the [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) ;\n> > \n> > > ***first charge evidence*** means evidence that could have been offered by the prosecution in a hearing on the first charge;\n> > \n> > > ***tendency evidence*** has the same meaning as in the [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) .","sortOrder":17},{"sectionNumber":"13C","sectionType":"section","heading":"Limited liability of affected person for instigating, &c., breach of protection order","content":"### 13C Limited liability of affected person for instigating, &c., breach of protection order\n\n> [*\\[Section 13C Inserted by No. 50 of 2017, s. 5, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS5@EN)\n> \n> > (1)  Despite [section 73 of the](/view/html/inforce/2026-04-12/act-1959-077#GS73@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , an affected person named in an external family violence order, an interim FVO, an FVO, a PFVO or a DVO who –\n> > \n> > > > (a) does any act or makes any omission for the purpose of enabling or aiding a prescribed person to commit a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO; or\n> > > \n> > > > (b) abets a prescribed person in committing a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO; or\n> > > \n> > > > (c) instigates a prescribed person to commit a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO –\n> > \n> > may only be taken to be guilty, found guilty or convicted, in accordance with that section, of that relevant family violence offence if the affected person knew, or ought to have known, that his or her conduct in so enabling, aiding, abetting or instigating the commission of that relevant family violence offence by the prescribed person could reasonably be expected to place an affected child named in the order in a position of risk.\n> \n> > (2)  In this section –\n> > \n> > > ***DVO*** has the same meaning as in the [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) ;\n> > \n> > > ***position of risk*** means a position where –\n> > > \n> > > > > (a) the affected child named in the external family violence order, interim FVO, FVO, PFVO or DVO referred to in [subsection (1)](#GS13C@Gs1@EN) might witness family violence; or\n> > > > \n> > > > > (b) the safety, psychological wellbeing or interests of such an affected child might be affected by family violence;\n> > \n> > > ***prescribed person*** means the person against whom the external family violence order, interim FVO, FVO, PFVO or DVO referred to in [subsection (1)](#GS13C@Gs1@EN) is made;\n> > \n> > > ***relevant family violence offence*** means an offence consisting of the contravention of the external family violence order, interim FVO, FVO, PFVO or DVO referred to in [subsection (1)](#GS13C@Gs1@EN) .","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Police family violence orders","content":"# Part 3 Police family violence orders","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Police family violence orders","content":"### 14 Police family violence orders\n\n> > (1)  [*\\[Section 14 Subsection (1) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja2@GC3@EN) Subject to [section 14(2) of the](/view/html/inforce/2026-04-12/act-2016-029#GS14@Gs2@EN) [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) , a police officer of the rank of sergeant or above, or authorised by the Commissioner of Police, may make a PFVO and issue it to a person if the officer is satisfied that the person has committed, or is likely to commit, a family violence offence.\n> \n> > (2)  The PFVO must be served on the person to whom it is issued and a copy sent to the Chief Clerk of Petty Sessions.\n> \n> > (3)  A PFVO may require the person to whom it is issued to do any or all of the following:\n> > \n> > > > (a) vacate any premises, whether or not that person has a legal or equitable interest in the premises;\n> > > \n> > > > (b) not enter any premises or only enter premises on certain conditions, whether or not that person has a legal or equitable interest in the premises;\n> > > \n> > > > (c) surrender any firearm or other weapon;\n> > > \n> > > > (d) refrain from harassing, threatening, verbally abusing or assaulting an affected person, affected child or other person named in the order;\n> > > \n> > > > (e) not approach, within a specified distance, an affected person, an affected child, other person named in the order or certain premises;\n> > > \n> > > > (f) [*\\[Section 14 Subsection (3) amended by No. 21 of 2022, s. 8, Applied:22 Dec 2022\\]*](/view/html/inforce/2022-12-22/act-2022-021#GS8@Hpa@EN) refrain from contacting an affected person, affected child or other person named in the order directly or indirectly or otherwise than under specified conditions;\n> > > \n> > > > (g) [*\\[Section 14 Subsection (3) amended by No. 21 of 2022, s. 8, Applied:22 Dec 2022\\]*](/view/html/inforce/2022-12-22/act-2022-021#GS8@Hpb@EN) refrain from engaging in any other conduct specified in the order that constitutes, or may constitute, family violence.\n> \n> > (4)  The affected person is to inform the issuing officer of any relevant Family Court order.\n> \n> > (5)  The terms of a PFVO are to take account of any relevant Family Court order of which the issuing officer is aware.\n> \n> > (6)  Unless sooner revoked, varied or extended, a PFVO operates from the date of service for such period, not exceeding 12 months, as may be specified in the PFVO.\n> \n> > (7)  A police officer of the rank of inspector or above may vary a PFVO where –\n> > \n> > > > (a) the affected person and the person against whom it is made consent to the variation; and\n> > > \n> > > > (b) the variation will not adversely affect the safety and interests of the affected person or any affected child.\n> \n> > (8)  A PFVO is revoked by the issue and service of an FVO or interim FVO in respect of the same parties.\n> \n> > (9)  Subject to [subsection (10)](#GS14@Gs10@EN) , a court may vary, extend or revoke a PFVO on the application of a police officer, an affected person, the person to whom it is issued or any other person to whom leave is granted, at any time during its operation.\n> \n> > (9A)  [*\\[Section 14 Subsection (9A) inserted by No. 32 of 2015, s. 8, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS8@EN) If an application is made under [subsection (9)](#GS14@Gs9@EN) to vary, extend or revoke a PFVO under this section, the court may make an interim FVO as set out in [section 23](#GS23@EN) .\n> \n> > (10)  Where a person has applied to have a PFVO varied or revoked and the application has been dismissed, any subsequent application under [subsection (9)](#GS14@Gs9@EN) may only be made with the leave of the court.\n> \n> > (11)  The court is not to grant leave under [subsection (10)](#GS14@Gs10@EN) unless satisfied that there has been a substantial change in the relevant circumstances since the order was made.\n> \n> > (12)  In determining an application under [subsection (9)](#GS14@Gs9@EN) , a court may make any order which may be made under [Part 4](#HP4@EN) .\n> \n> > (13)  A PFVO which has been varied or extended by a court is taken to be an FVO.\n> \n> > (14)  A variation, extension or revocation of a PFVO takes effect from the date of service.\n> \n> > (15)  A PFVO –\n> > \n> > > > (a) suspends, for the period during which the order is in force, any licence or other permit relating to the possession of a firearm by the person to whom the order is issued; and\n> > > \n> > > > (b) prohibits the person from applying for, or being granted or issued, any such licence or other permit during that period.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Family violence orders","content":"# Part 4 Family violence orders","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Application for FVO","content":"### 15 Application for FVO\n\n> > (1)  An application for an FVO is to be made to a court.\n> \n> > (2)  An application may be made by –\n> > \n> > > > (a) a police officer; or\n> > > \n> > > > (b) an affected person; or\n> > > \n> > > > (c) an affected child, if the court is satisfied that the child is capable of understanding the nature of the proceedings; or\n> > > \n> > > > (d) any other person to whom leave to apply is granted by a court.\n> \n> > (3)  If an application is made by or on behalf of a child, a copy of the application is to be sent to the Secretary of the responsible Department in relation to the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .\n> \n> > (4)  An application for an FVO is to include information of any relevant Family Court order, or of any pending application for a relevant Family Court order, of which the applicant or affected person is aware.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Family violence orders","content":"### 16 Family violence orders\n\n> > (1)  A court may make an FVO if satisfied, on the balance of probabilities, that –\n> > \n> > > > (a) a person has committed family violence; and\n> > > \n> > > > (b) that person may again commit family violence.\n> \n> > (2)  An FVO may include such conditions as the court considers are necessary or desirable to prevent the commission of family violence against an affected person or to protect any other person named in the order.\n> \n> > (3)  Without limiting the nature of the conditions which may be included in an FVO, the court may require the person against whom the FVO is to be made to do one or more of the following:\n> > \n> > > > (a) vacate premises, not enter premises, or only enter premises on certain conditions, whether or not that person has a legal or equitable interest in the premises;\n> > > \n> > > > (b) [*\\[Section 16 Subsection (3) amended by No. 50 of 2017, s. 6, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS6@Hpa@EN) not possess firearms specified in the order or forfeit or dispose of any firearms in his or her possession;\n> > > \n> > > > (c) [*\\[Section 16 Subsection (3) amended by No. 50 of 2017, s. 6, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS6@Hpb@EN) [*\\[Section 16 Subsection (3) amended by No. 21 of 2022, s. 9, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpa@EN) submit to being electronically monitored by wearing and not removing, or always carrying, an electronic device which allows –\n> > > > \n> > > > > > (i) the Commissioner of Police; or\n> > > > > \n> > > > > > (ii) a police officer, State Service officer, State Service employee or other person, or a person of a class of persons (whether police officers, State Service officers, State Service employees or other persons), authorised by the Commissioner of Police –\n> > > > \n> > > > to find or monitor the geographical location of the person;\n> > > \n> > > > (d) [*\\[Section 16 Subsection (3) amended by No. 21 of 2022, s. 9, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpb@EN) attend and participate in a rehabilitation program and in doing so comply with the reasonable directions of a person employed or engaged to conduct the program.\n> \n> > (3A)  [*\\[Section 16 Subsection (3A) inserted by No. 21 of 2022, s. 9, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpc@EN) Before including a condition in an FVO under [subsection (3)(d)](#GS16@Gs3@Hpd@EN) , the court must –\n> > \n> > > > (a) make an order that a rehabilitation program assessment be undertaken in respect of the person and provided to the court by the Director of Corrective Services or any other person; and\n> > > \n> > > > (b) satisfy itself that the person is eligible to participate in the rehabilitation program; and\n> > > \n> > > > (c) satisfy itself that the rehabilitation program is available for the person to participate in at a suitable place and time.\n> \n> > (3B)  [*\\[Section 16 Subsection (3B) inserted by No. 21 of 2022, s. 9, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpc@EN) If the court includes in an FVO a condition of the kind referred to in [subsection (3)(d)](#GS16@Gs3@Hpd@EN) , the court may require the person against whom the FVO is to be made to, whilst attending and participating in the rehabilitation program, report to a person nominated by the Director of Corrective Services at such reasonable times and places as are determined by the Director of Corrective Services.\n> \n> > (4)  [*\\[Section 16 Subsection (4) inserted by No. 50 of 2017, s. 6, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS6@Hpc@EN) Despite [subsections (2)](#GS16@Gs2@EN) and [(3)](#GS16@Gs3@EN) , the court may only include in an FVO a condition of the kind referred to in [subsection (3)(c)](#GS16@Gs3@Hpc@EN)  –\n> > \n> > > > (a) on the application of a police officer who is presenting the case for the applicant for the FVO or, in any other case, the Commissioner of Police; and\n> > > \n> > > > (b) if the court is satisfied that the person to be electronically monitored –\n> > > > \n> > > > > > (i) previously has been found guilty of a family violence offence; or\n> > > > > \n> > > > > > (ii) currently is charged with a family violence offence; or\n> > > > > \n> > > > > > (iii) has a history of committing family violence.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Issue of replacement residential tenancy agreement","content":"### 17 Issue of replacement residential tenancy agreement\n\n> > (1)  [*\\[Section 17 Subsection (1) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpa@EN) [*\\[Section 17 Subsection (1) substituted by No. 38 of 2018, s. 11, Applied:31 Mar 2019\\]*](/view/html/inforce/2019-03-31/act-2018-038#GS11@EN) In this section –\n> > \n> > > ***original agreement*** means a residential tenancy agreement in relation to residential premises referred to in [subsection (2)](#GS17@Gs2@EN) ;\n> > \n> > > ***replacement agreement*** means a residential tenancy agreement established under [subsection (1A)(b)](#GS17@Gs1A@Hpb@EN) or [(c)](#GS17@Gs1A@Hpc@EN) .\n> \n> > (1A)  [*\\[Section 17 Subsection (1A) inserted by No. 38 of 2018, s. 11, Applied:31 Mar 2019\\]*](/view/html/inforce/2019-03-31/act-2018-038#GS11@EN) If the person against whom an FVO is to be made is a tenant of residential premises occupied by an affected person, a court may make an order under [section 16](#GS16@EN) to –\n> > \n> > > > (a) terminate the original agreement; or\n> > > \n> > > > (b) terminate the original agreement and establish a new residential tenancy agreement for the benefit of the affected person and any other party who was a party to the terminated agreement, other than the person against whom the FVO is to be made; or\n> > > \n> > > > (c) terminate the original agreement and establish a new residential tenancy agreement for the benefit of the person against whom the FVO is to be made and any other party who was a party to the terminated agreement, other than the affected person.\n> \n> > (2)  [*\\[Section 17 Subsection (2) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpc@EN) [*\\[Section 17 Subsection (2) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpb@EN) A replacement agreement is to have the same terms and conditions, other than the names of the tenants, as the original agreement.\n> \n> > (3)  [*\\[Section 17 Subsection (3) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpe@EN) [*\\[Section 17 Subsection (3) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpd@EN) Where the original agreement was for a fixed term, the date of expiry of the replacement agreement is to be the same as that of the original agreement.\n> \n> > (3A)  [*\\[Section 17 Subsection (3A) inserted by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpf@EN) Where a court has made an order terminating a residential tenancy agreement and establishing a new residential tenancy agreement and a security deposit has been paid as required under the [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) in respect of the original agreement, the court may make an order stating that the deposit in respect of the original agreement is the security deposit in respect of the replacement agreement.\n> \n> > (3B)  [*\\[Section 17 Subsection (3B) inserted by No. 59 of 2005, s. 16, Applied:01 Jul 2009\\]*](/view/html/inforce/2009-07-01/act-2005-059#GS16@Hpf@EN) If an order is made under [subsection (3A)](#GS17@Gs3A@EN)  –\n> > \n> > > > (a) the owner of the residential property may not require any further security deposit in respect of the replacement agreement; and\n> > > \n> > > > (b) no disbursement or refund of the security deposit is payable under the [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) on the termination of the original agreement; and\n> > > \n> > > > (c) on the termination of the replacement agreement, the security deposit is to be disbursed or refunded as if it were the termination of the original agreement.\n> \n> > (4)  Before an order is made under this section, any person having an interest in the residential premises is entitled to appear and be heard in relation to the matter.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Matters to be considered in making FVO","content":"### 18 Matters to be considered in making FVO\n\n> > (1)  In making an FVO, a court –\n> > \n> > > > (a) must consider the safety and interests of the person for whose benefit the order is sought and any affected child to be of paramount importance; and\n> > > \n> > > > (b) must consider whether contact between the person for whose benefit the order is sought, or the person against whom the FVO is to be made, and any child who is a member of the family of either of those persons is relevant to the making of the FVO; and\n> > > \n> > > > (c) must consider any relevant Family Court order of which the court has been informed.\n> \n> > (2)  An FVO is not invalid merely because –\n> > \n> > > > (a) the applicant fails to inform the court of any relevant Family Court order, or of any pending application for a relevant Family Court order; or\n> > > \n> > > > (b) the court fails to consider access or any relevant Family Court order as required by [subsection (1)](#GS18@Gs1@EN) .","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Period of FVO","content":"### 19 Period of FVO\n\n> An FVO remains in force –\n> \n> > > (a) for such period as the court considers necessary to ensure the safety and interests of the person for whose benefit the order is made; or\n> > \n> > > (b) until an order is made revoking the FVO.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Variation, extension and revocation of FVO","content":"### 20 Variation, extension and revocation of FVO\n\n> > (1)  A person who may make an application for an FVO or a person against whom an FVO has been made may at any time apply to a court for a variation, extension or revocation of the FVO.\n> \n> > (2)  An application referred to in [subsection (1)](#GS20@Gs1@EN) may only be made with the leave of the court.\n> \n> > (3)  [*\\[Section 20 Subsection (3) amended by No. 5 of 2025, s. 4, Applied:16 Apr 2025\\]*](/view/html/inforce/2025-04-16/act-2025-005#GS4@Hpa@EN) The court is not to grant leave under [subsection (2)](#GS20@Gs2@EN) , in respect of the variation or revocation of an FVO, unless satisfied that there has been a substantial change in the relevant circumstances since the order was made or last varied.\n> \n> > (3A)  [*\\[Section 20 Subsection (3A) inserted by No. 5 of 2025, s. 4, Applied:16 Apr 2025\\]*](/view/html/inforce/2025-04-16/act-2025-005#GS4@Hpb@EN) For the avoidance of doubt, an application referred to in [subsection (1)](#GS20@Gs1@EN) for the extension of an FVO does not require a change in the relevant circumstances since the order was made or last varied.\n> \n> > (4)  [Section 18](#GS18@EN) applies to the variation, extension or revocation of an FVO in the same manner as it applies to the making of an FVO.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Issue of warrants in respect of application","content":"### 21 Issue of warrants in respect of application\n\n> > (1)  A court may issue a warrant for the arrest of the person against whom an FVO is sought if the court is of the opinion that it is a case of urgency and there is sufficient cause to do so.\n> \n> > (2)  Where a court issues a warrant for the arrest of a person under [subsection (1)](#GS21@Gs1@EN) and an application for an FVO has not been filed at the time the warrant is issued, the application is to be filed as soon as practicable after the warrant is issued.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"FVO by consent","content":"### 22 FVO by consent\n\n> > (1)  A court may make an FVO in terms consented to by the parties.\n> \n> > (2)  In making an FVO by consent, the court may record that the person against whom the order is made does not admit any of the matters alleged in the application for that order.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Court may make interim order","content":"### 23 Court may make interim order\n\n> > (1)  At any stage during proceedings under this Part, a court may make an interim FVO, whether or not it is satisfied of the matters set out in [section 16(1)](#GS16@Gs1@EN) .\n> \n> > (1A)  [*\\[Section 23 Subsection (1A) inserted by No. 32 of 2015, s. 9, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS9@Hpa@EN) If an application is made under [section 14(9)](#GS14@Gs9@EN) to vary, extend or revoke a PFVO, the court may make an interim FVO, whether or not it is satisfied of the matters set out in [section 14(1)](#GS14@Gs1@EN) .\n> \n> > (2)  An interim FVO is revoked –\n> > \n> > > > (a) when an FVO in respect of the same parties takes effect; or\n> > > \n> > > > (b) on a date ordered by the court –\n> > \n> > whichever is the earlier.\n> \n> > (3)  [*\\[Section 23 Subsection (3) amended by No. 32 of 2015, s. 9, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS9@Hpb@EN) An interim FVO may be varied or extended at any time until the relevant application under [section 14](#GS14@EN) or [15](#GS15@EN) has been determined.\n> \n> > (4)  An interim FVO may be made, varied or extended in the absence of the person against whom it is made.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Alternative orders","content":"### 24 Alternative orders\n\n> If a court hearing an application under this Part is not satisfied of the matters set out in [section 16(1)](#GS16@Gs1@EN) it may, if satisfied of the matters set out in [section 106B(1) of the](/view/html/inforce/2026-04-12/act-1959-077#GS106B@Gs1@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , make an order in accordance with Part XA of that Act.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"When order takes effect","content":"### 25 When order takes effect\n\n> > (1)  An FVO takes effect –\n> > \n> > > > (a) if the respondent to the application is present before the court when the FVO is made, on the making of the FVO; or\n> > > \n> > > > (b) if the respondent to the application is not present before the court when the FVO is made, when the respondent is served personally with the FVO or a copy of it.\n> \n> > (2)  In this section –\n> > \n> > > ***FVO*** includes –\n> > > \n> > > > > (a) a variation or extension of an FVO; and\n> > > > \n> > > > > (b) an interim FVO; and\n> > > > \n> > > > > (c) a variation or extension of an interim FVO.","sortOrder":32},{"sectionNumber":"25A","sectionType":"section","heading":"Powers of court to remand in custody, admit to bail, &c.","content":"### 25A Powers of court to remand in custody, admit to bail, &c.\n\n> [*\\[Section 25A Inserted by No. 32 of 2015, s. 10, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS10@EN)\n> \n> > (1)  If for any reason the proceedings in respect of an application for an FVO are adjourned, a court may decide to –\n> > \n> > > > (a) remand the respondent to the application in custody and issue a warrant accordingly; or\n> > > \n> > > > (b) admit the respondent to the application to bail; or\n> > > \n> > > > (c) issue a summons to the respondent to the application ordering the respondent to appear before a court at a time and place, mentioned in the summons, to which the proceedings are adjourned.\n> \n> > (2)  In making a decision under [subsection (1)](#GS25A@Gs1@EN) , the court must consider the safety and interests of the respondent's spouse or partner, and any affected child, to be of paramount importance.\n> \n> > (3)  If a court remands a respondent to an application for an FVO in custody in accordance with [subsection (1)(a)](#GS25A@Gs1@Hpa@EN) , the court is to –\n> > \n> > > > (a) specify in the warrant –\n> > > > \n> > > > > > (i) that the respondent is to be kept in custody for a period not exceeding 28 days at any one time; and\n> > > > > \n> > > > > > (ii) the date the respondent is to be brought before the court; and\n> > > \n> > > > (b) inform the respondent of the matters specified in the warrant in accordance with [paragraph (a)](#GS25A@Gs3@Hpa@EN) .\n> \n> > (4)  The period for which a respondent to an application for an FVO may be admitted to bail in accordance with [subsection (1)(b)](#GS25A@Gs1@Hpb@EN) must not exceed 60 days.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Application for registration of external family violence order","content":"### 26 Application for registration of external family violence order\n\n> > (1)  [*\\[Section 26 Subsection (1) amended by No. 32 of 2015, s. 11, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS11@Hpa@EN) A person may apply to the Clerk of Petty Sessions for the registration of an external family violence order.\n> \n> > (2)  An application is to –\n> > \n> > > > (a) be in a form approved by the Chief Magistrate; and\n> > > \n> > > > (b) be accompanied by a copy of the external family violence order; and\n> > > \n> > > > (c) [*\\[Section 26 Subsection (2) amended by No. 32 of 2015, s. 11, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS11@Hpb@EN) be accompanied by such evidence of effective service of the external family violence order on the person against whom it was made as the Clerk considers appropriate.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Registration of external family violence order","content":"### 27 Registration of external family violence order\n\n> > (1)  [*\\[Section 27 Subsection (1) amended by No. 32 of 2015, s. 12, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS12@Hpa@EN) On receipt of an application under [section 26](#GS26@EN) , the Clerk of Petty Sessions must –\n> > \n> > > > (a) register the external family violence order to which the application relates; or\n> > > \n> > > > (b) refer that external family violence order to the court for adaptation and modification.\n> \n> > (2)  On the referral of an external family violence order, the court may –\n> > \n> > > > (a) vary the period during which the order has effect in its operation in this State; and\n> > > \n> > > > (b) make such other adaptations and modifications to the order as it considers necessary or desirable for its effective operation in this State.\n> \n> > (3)  [*\\[Section 27 Subsection (3) amended by No. 32 of 2015, s. 12, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS12@Hpb@EN) The Clerk of Petty Sessions must register an external family violence order which has been adapted and modified under [subsection (2)](#GS27@Gs2@EN) .\n> \n> > (4)  [*\\[Section 27 Subsection (4) amended by No. 32 of 2015, s. 12, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS12@Hpc@EN) On registering an external family violence order, the Clerk of Petty Sessions must provide the Commissioner of Police with a copy of the registered external family violence order.\n> \n> > (5)  Notice of the registration of an external family violence order is not to be served on the person against whom the order was made except where the person who applied for registration has consented to that service.\n> \n> > (6)  A registered external family violence order is registered for the period during which the order, or the order as adapted and modified, is in force.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Effect of registration of external family violence order","content":"### 28 Effect of registration of external family violence order\n\n> An external family violence order which has been registered under [section 27(1)](#GS27@Gs1@EN) or [(3)](#GS27@Gs3@EN)  –\n> \n> > > (a) has the same effect as an FVO made under this Part; and\n> > \n> > > (b) may be enforced against a person as if it were an FVO made under this Part and personally served on that person.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Variation, &c., of registered external family violence order","content":"### 29 Variation, &c., of registered external family violence order\n\n> > (1)  A prescribed person may apply for a variation, extension or revocation of an external family violence order registered under [section 27](#GS27@EN) .\n> \n> > (2)  [Section 20](#GS20@EN) applies to an application to vary, extend or revoke a registered external family violence order as if it were an application made under that section.\n> \n> > (3)  A registered external family violence order varied or extended under this section is registered for the period during which the order as varied or extended has effect in this State.\n> \n> > (4)  In this section –\n> > \n> > > ***prescribed person*** means –\n> > > \n> > > > > (a) a person who applied for the registration of an external family violence order; or\n> > > > \n> > > > > (b) a person for whose benefit a registered external family violence order has been made; or\n> > > > \n> > > > > (c) a person against whom a registered external family violence order has been made; or\n> > > > \n> > > > > (d) a person whom the court has granted leave to make an application under this section.","sortOrder":37},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Declaration of serial family violence perpetrator","content":"# Part 4A Declaration of serial family violence perpetrator","sortOrder":38},{"sectionNumber":"29A","sectionType":"section","heading":"Court or judge may declare offender to be serial family violence perpetrator","content":"### 29A Court or judge may declare offender to be serial family violence perpetrator\n\n> [*\\[Section 29A Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN)\n> \n> > (1)  This section applies to a court or a judge before whom an offender is –\n> > \n> > > > (a) convicted of a family violence offence; or\n> > > \n> > > > (b) brought up for sentence after being convicted of a family violence offence.\n> \n> > (2)  The court or judge is to declare the offender to be a serial family violence perpetrator if –\n> > \n> > > > (a) the offender has attained the age of 18 years; and\n> > > \n> > > > (b) the offender has –\n> > > > \n> > > > > > (i) on that conviction, been convicted of at least 2 indictable family violence offences, with at least 2 of those offences being committed on different days; or\n> > > > > \n> > > > > > (ii) on that conviction, been convicted of at least 3 family violence offences, whether indictable or summary, with at least 3 of those offences being committed on different days; or\n> > > > > \n> > > > > > (iii) on that conviction or a previous conviction, been convicted of persistent family violence under [section 170A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS170A@EN) of the *Criminal Code*; and\n> > > \n> > > > (c) the court or judge is of the opinion that the declaration is warranted.\n> \n> > (3)  In determining under [subsection (2)(c)](#GS29A@Gs2@Hpc@EN) whether to declare an offender to be a serial family violence perpetrator, the court or judge is to have regard to the following:\n> > \n> > > > (a) the nature and circumstances of the family violence offences referred to in [subsection (2)](#GS29A@Gs2@EN) ;\n> > > \n> > > > (b) the risk that the offender may commit further family violence offences;\n> > > \n> > > > (c) the offender’s antecedents and character;\n> > > \n> > > > (d) any other matter that the court or judge considers relevant.\n> \n> > (4)  For the purposes of [subsection (2)](#GS29A@Gs2@EN) , each of the family violence offences taken into account must have been committed within the 10-year period immediately preceding the declaration, unless the court or judge is satisfied that exceptional circumstances exist that make it appropriate to make a declaration under this section.\n> \n> > (5)  In determining under [subsection (4)](#GS29A@Gs4@EN) whether exceptional circumstances exist, the court or judge may have regard to any or all of the following:\n> > \n> > > > (a) the level of risk that the offender may commit another family violence offence;\n> > > \n> > > > (b) the offender’s antecedents and character;\n> > > \n> > > > (c) the nature of the family violence offences for which the offender has been convicted;\n> > > \n> > > > (d) any other matter that the court or judge considers relevant.\n> \n> > (6)  The court or judge –\n> > \n> > > > (a) may order the Director of Corrective Services or any other person to prepare and provide to the court or judge a report in relation to the risk of the offender committing further family violence offences or any other matters that the court or judge specifies in the order; and\n> > > \n> > > > (b) may have regard to the report for the purpose of determining under [subsection (2)(c)](#GS29A@Gs2@Hpc@EN) whether to declare an offender to be a serial family violence perpetrator.\n> \n> > (7)  The court or judge is to provide –\n> > \n> > > > (a) the prosecution with a copy of a report that is provided to the court or judge  in accordance with an order under [subsection (6)](#GS29A@Gs6@EN) , other than a report provided to the court or judge by the prosecution; and\n> > > \n> > > > (b) the offender with a copy of a report in relation to the offender that is provided to the court or judge in accordance with an order under [subsection (6)](#GS29A@Gs6@EN) .","sortOrder":39},{"sectionNumber":"29B","sectionType":"section","heading":"Duration of declaration","content":"### 29B Duration of declaration\n\n> [*\\[Section 29B Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN) The declaration of an offender as a serial family violence perpetrator remains in force for such period not exceeding 5 years as the court or judge determines.","sortOrder":40},{"sectionNumber":"29C","sectionType":"section","heading":"Making of orders if declaration","content":"### 29C Making of orders if declaration\n\n> [*\\[Section 29C Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN)\n> \n> > (1)  If a court or judge declares an offender to be a serial family violence perpetrator, the court or judge, in addition to that declaration –\n> > \n> > > > (a) is to make an FVO order if satisfied on the balance of probabilities as to the matters set out in [section 16(1)](#GS16@Gs1@EN) ; and\n> > > \n> > > > (b) may make any other order under this Act which the court or judge may make.\n> \n> > (2)  A court or judge may, for the purposes of [subsection (1)(a)](#GS29C@Gs1@Hpa@EN) , order the Commissioner of Police or any other person to provide the court or judge with an assessment of the suitability of a person for electronic monitoring for the purposes of [subsection (1)(b)](#GS29C@Gs1@Hpb@EN) .","sortOrder":41},{"sectionNumber":"29D","sectionType":"section","heading":"Review of declaration of serial family violence perpetrator","content":"### 29D Review of declaration of serial family violence perpetrator\n\n> [*\\[Section 29D Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN)\n> \n> > (1)  The DPP may make an application to a court or judge (***a review application***) for a review of a declaration of an offender as a serial family violence perpetrator.\n> \n> > (2)  An offender may make an application to a court or judge (***a review application***) for a review of a serial family violence declaration on the grounds that exceptional circumstances apply in relation to the offender.\n> \n> > (3)  A review application is to be in writing.\n> \n> > (4)  A copy of –\n> > \n> > > > (a) a review application under [subsection (1)](#GS29D@Gs1@EN) is to be served on the offender to whom the declaration relates; and\n> > > \n> > > > (b) a review application under [subsection (2)](#GS29D@Gs2@EN) is to be served on the DPP.\n> \n> > (5)  A review application may be withdrawn or discontinued by leave of the court or a judge.\n> \n> > (6)  On a review application in relation to the declaration of an offender as a serial family violence perpetrator, the court or judge may, after taking into account the matters that would be taken into account by a court or judge under [section 29A(3)](#GS29A@Gs3@EN) when determining whether to make such a declaration –\n> > \n> > > > (a) make an order discharging the declaration if satisfied that the declaration need no longer apply; or\n> > > \n> > > > (b) in the case of a review application under [subsection (1)](#GS29D@Gs1@EN) , make an order extending the duration of the declaration if satisfied that the duration of the declaration should be extended; or\n> > > \n> > > > (c) refuse to make an order under [paragraph (a)](#GS29D@Gs6@Hpa@EN) or [(b)](#GS29D@Gs6@Hpb@EN) .\n> \n> > (7)  The duration of a serial family violence declaration may be extended by a court or judge under [subsection (6)(b)](#GS29D@Gs6@Hpb@EN) for such period not exceeding 5 years as the court or judge determines.\n> \n> > (8)  A review application under this section may not be made to an inferior court of criminal jurisdiction to the court that made the declaration.\n> \n> > (9)  The discharge of a declaration in relation to an offender does not affect a sentence of imprisonment imposed on the offender.","sortOrder":42},{"sectionNumber":"29E","sectionType":"section","heading":"Review of Part 4A","content":"### 29E Review of Part 4A\n\n> [*\\[Section 29E Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN)\n> \n> > (1)  The Minister must cause a review of the operation of this Part to be undertaken and completed as soon as practicable after the fifth anniversary of the commencement of this Part.\n> \n> > (2)  The person who undertakes the review must provide a written report of the review to the Minister as soon as practicable after the review is completed.\n> \n> > (3)  The Minister must cause the written report of the review to be laid before each House of Parliament within 10 sitting-days after the report is provided to the Minister.","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Forms of FVO, PFVO and applications","content":"### 30 Forms of FVO, PFVO and applications\n\n> An FVO, a PFVO or an application under this Act is to be in a form approved by the Chief Magistrate.","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Procedure in relation to hearing and determining applications","content":"### 31 Procedure in relation to hearing and determining applications\n\n> > (1)  Except as otherwise provided by this Act or ordered by a court –\n> > \n> > > > (a) an application under [Part 3](#HP3@EN) or [4](#HP4@EN) is to be heard and determined –\n> > > > \n> > > > > > (i) in open court; and\n> > > > > \n> > > > > > (ii) in the same manner, as nearly as practicable, as a complaint for a simple offence; and\n> > > \n> > > > (b) a person who makes an application under [Part 3](#HP3@EN) or [4](#HP4@EN) is to be treated, as nearly as practicable, as a complainant.\n> \n> > (2)  At the hearing of an application under [Part 3](#HP3@EN) or [4](#HP4@EN) , the following persons may conduct the applicant's or respondent's case and examine and cross-examine witnesses:\n> > \n> > > > (a) the applicant or respondent;\n> > > \n> > > > (b) [*\\[Section 31 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja34@GC1@Hpa@EN) an Australian legal practitioner representing the applicant or respondent;\n> > > \n> > > > (c) a police officer representing the applicant or respondent;\n> > > \n> > > > (d) any other person to whom the court grants leave for that purpose.\n> \n> > (2A)  [*\\[Section 31 Subsection (2A) inserted by No. 63 of 2005, s. 4, Applied:09 Dec 2005\\]*](/view/html/inforce/2005-12-09/act-2005-063#GS4@EN) At the hearing of an application made by a person other than a police officer –\n> > \n> > > > (a) under [Part 3](#HP3@EN) ; or\n> > > \n> > > > (b) under [Part 4](#HP4@EN) , in respect of an FVO which was made on the application of a police officer –\n> > > \n> > > the Commissioner of Police –\n> > > \n> > > > (c) is taken to be a party; and\n> > > \n> > > > (d) may make submissions for or against the application; and\n> > > \n> > > > (e) may examine and cross-examine witnesses.\n> \n> > (2B)  [*\\[Section 31 Subsection (2B) inserted by No. 26 of 2018, s. 11, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-026#GS11@EN) Despite this section, [section 8A of the](/view/html/inforce/2026-04-12/act-2001-079#GS8A@EN) [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) applies in respect of the cross-examination of a witness who is the alleged victim of any prescribed proceeding, as defined in that Act, for a family violence offence to which an application under [Part 3](#HP3@EN) or [4](#HP4@EN) relates.\n> \n> > (3)  [*\\[Section 31 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja34@GC1@Hpb@EN) If the applicant is a child, he or she must be represented by a police officer, an Australian legal practitioner or a nominee of the Secretary of the responsible Department in relation to the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .\n> \n> > (4)  If a police officer could, if available as a witness, give direct oral evidence of a fact in his or her professional capacity in the hearing of an application under [Part 3](#HP3@EN) or [4](#HP4@EN) , the statutory declaration of the police officer in relation to that fact and made in support of the application is, subject to [subsection (5)](#GS31@Gs5@EN) , admissible as evidence of the fact in the hearing, notwithstanding that the police officer may be available as a witness.\n> \n> > (5)  A statutory declaration referred to in [subsection (4)](#GS31@Gs4@EN) is not admissible as evidence in the hearing of an application under [Part 3](#HP3@EN) or [4](#HP4@EN) if the court, having regard to all the circumstances, is of the opinion that the representation in the statutory declaration ought not to be admitted without being tested by cross-examination.\n> \n> > (6)  [*\\[Section 31 Subsection (6) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja22@GC1@EN) The representation of a medical practitioner in a document tending to establish a fact is admissible as evidence of the fact in the hearing of an application under [Part 3](#HP3@EN) or [4](#HP4@EN) , notwithstanding that the medical practitioner may be available as a witness, if–\n> > \n> > > > (a) the medical practitioner, in his or her professional capacity, could give direct oral evidence of the fact in the hearing; and\n> > > \n> > > > (b) the court, having regard to all the circumstances, is of the opinion that justice does not require that the representation be tested by cross-examination.\n> \n> > (7)  If the court hearing an application under [Part 3](#HP3@EN) or [4](#HP4@EN) is satisfied that –\n> > \n> > > > (a) a sealed copy of the application has been served on the respondent to the application; or\n> > > \n> > > > (b) reasonable attempts have been made to serve a sealed copy of the application on the respondent –\n> > > \n> > > the court may proceed in the absence of the respondent and may –\n> > > \n> > > > (c) make the FVO sought in the application or such other order as the court considers necessary; or\n> > > \n> > > > (d) issue a warrant for the arrest of the respondent.\n> \n> > (8)  At any time in proceedings under [Part 3](#HP3@EN) or [4](#HP4@EN) , the court may determine that it is appropriate that those proceedings be heard and determined by the Magistrates Court (Youth Justice Division) or the Magistrates Court (Children's Division) and may transfer the proceedings to that court.\n> \n> > (9)  If proceedings are transferred to the Magistrates Court (Youth Justice Division) or the Magistrates Court (Children's Division) under [subsection (8)](#GS31@Gs8@EN) , that court has jurisdiction to hear and determine those proceedings.","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Restriction of publication of names of parties, &c.","content":"### 32 Restriction of publication of names of parties, &c.\n\n> > (1)  [*\\[Section 32 Subsection (1) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja2@GC4@EN) Where it appears to a court that in the interests of the administration of justice it is desirable to prohibit the publication of any material relating to proceedings before the court under this Act or under the [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) , the court may, either before or during the course of the proceedings or after the proceedings, make an order forbidding the publication of that material.\n> \n> > (2)  [*\\[Section 32 Subsection (2) substituted by No. 32 of 2015, s. 13, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS13@EN) A person must not publish any material that is forbidden to be published under [subsection (1)](#GS32@Gs1@EN) .\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 3 months.\n> \n> > (3)  [*\\[Section 32 Subsection (3) substituted by No. 32 of 2015, s. 13, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS13@EN) A person must not publish any material relating to proceedings under this Act which may disclose the identity of an affected child.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 3 months.\n> \n> > (4)  [*\\[Section 32 Subsection (4) substituted by No. 32 of 2015, s. 13, Applied:06 Oct 2015\\]*](/view/html/inforce/2015-10-06/act-2015-032#GS13@EN) The publication of any reference, or allusion, to any material which is forbidden to be published under [subsection (1)](#GS32@Gs1@EN) or [subsection (3)](#GS32@Gs3@EN) is taken to be a publication of the material, if that reference or allusion is, in the opinion of the court, intended, or is sufficient, to disclose that material.","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Orders subject to Family Court order","content":"### 33 Orders subject to Family Court order\n\n> An FVO, an interim FVO, an external family violence order and a PFVO operate subject to any Family Court order.","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Costs","content":"### 34 Costs\n\n> [*\\[Section 34 Substituted by No. 5 of 2025, s. 5, Applied:16 Apr 2025\\]*](/view/html/inforce/2025-04-16/act-2025-005#GS5@EN)\n> \n> > (1)  Subject to [subsection (2)](#GS34@Gs2@EN) , each party to proceedings under this Act is to bear its own costs incurred in connection with the proceedings.\n> \n> > (2)  Despite [subsection (1)](#GS34@Gs1@EN) , the court hearing an application under this Act may order that a party (the ***liable party***) pay all, or a specified part, of the costs of another party to the proceedings if the court is satisfied that it is fair to do so, after taking into account each of the following:\n> > \n> > > > (a) whether the liable party has made the application, objected to the application, or withdrawn the application –\n> > > > \n> > > > > > (i) for the purpose of controlling or intimidating, or causing mental harm to, or apprehension or fear in, another party to the application; or\n> > > > > \n> > > > > > (ii) for a purpose, or in a manner, that is malicious, frivolous, vexatious or in bad faith;\n> > > \n> > > > (b) whether the liable party has been responsible for prolonging unreasonably the time taken to complete the proceedings;\n> > > \n> > > > (c) whether exceptional circumstances exist;\n> > > \n> > > > (d) whether the order for costs falls within the objects of this Act.\n> \n> > (3)  An order may not be made under [subsection (2)](#GS34@Gs2@EN) against a police officer who is a party to proceedings by virtue of being such an officer.\n> \n> > (4)  Before making an order under [subsection (2)](#GS34@Gs2@EN) , the court is to give the liable party a reasonable opportunity to be heard.\n> \n> > (5)  For the purposes of making an order under this section, the court may fix an appropriate scale of costs.","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Contravention of FVO or PFVO","content":"### 35 Contravention of FVO or PFVO\n\n> > (1)  A person who contravenes an FVO, PFVO or interim FVO, as made, varied or extended, is guilty of an offence and is liable on summary conviction to –\n> > \n> > > > (a) in the case of a first offence, a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months; or\n> > > \n> > > > (b) in the case of a second offence, a fine not exceeding 30 penalty units or to imprisonment for a term not exceeding 18 months; or\n> > > \n> > > > (c) in the case of a third offence, a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 2 years; or\n> > > \n> > > > (d) in the case of a fourth or subsequent offence, to imprisonment for a term not exceeding 5 years.\n> \n> > (2)  For the purposes of this section, a previous offence means any contravention of an FVO, PFVO or interim FVO, regardless of whether the order was made for the protection of the same affected person.\n> \n> > (3)  In any proceedings for an offence under this section, an allegation in the complaint is evidence that –\n> > \n> > > > (a) an FVO, PFVO or interim FVO has been made against the person charged with the offence; and\n> > > \n> > > > (b) the order was in force at the time of the alleged contravention; and\n> > > \n> > > > (c) the requirement or condition alleged to have been contravened formed part of that FVO, PFVO or interim FVO.\n> \n> > (4)  For the purposes of this section, an FVO includes an external family violence order registered under [section 27](#GS27@EN) .\n> \n> > (5)  [*\\[Section 35 Subsection (5) inserted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja12@GC2@EN) If a person who is fined under this section was a party to proceedings in which an order under [section 32](#GS32@EN) was made, the court imposing the fine must advise the Director, MPES of that order at the time of referring the order imposing the fine to the Director, MPES for collection.","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Power to make orders at hearing of complaint for offence","content":"### 36 Power to make orders at hearing of complaint for offence\n\n> Where, in proceedings for a family violence offence, the court or a judge is satisfied on the balance of probabilities as to the matters set out in [section 16(1)](#GS16@Gs1@EN) , the court or judge may make an order under this Act in addition to any other order which the court or judge may make.","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Information sharing","content":"### 37 Information sharing\n\n> A personal information custodian, within the meaning of the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) , acting in good faith, does not commit a breach of that Act by reason only of collecting, using, disclosing or otherwise dealing with personal information for the purpose of furthering the objects of this Act.\n\n\\[Commences: Never commenced\n\n*\n\n**38.**   **Informing of concern about family violence**\n\n> > (1)  In this section –\n> > \n> > > ***prescribed person*** means –\n> > > \n> > > > > (a) a registered medical practitioner; and\n> > > > \n> > > > > (b) a nurse, within the meaning of the *Nursing Act 1995*; and\n> > > > \n> > > > > (c) a person who is registered as a dentist, dental therapist or dental hygienist under the *Dental Practitioners Registration Act 2001*; and\n> > > > \n> > > > > (d) a registered psychologist, within the meaning of the *Psychologists Registration Act 2001*; and\n> > > > \n> > > > > (e) a police officer; and\n> > > > \n> > > > > (f) a correctional officer or probation officer appointed or employed under section 5 of the *Corrections Act 1997*; and\n> > > > \n> > > > > (g) a principal or a teacher in any educational institution (including a kindergarten); and\n> > > > \n> > > > > (h) a person who provides child care, or a child care service, for fee or reward; and\n> > > > \n> > > > > (i) a person concerned in the management of a child care service licensed under the *Child Care Act 2001*; and\n> > > > \n> > > > > (j) any other person of a class determined by the Minister by notice in the *Gazette* to be prescribed persons.\n> \n> > (2)  If a prescribed person, in carrying out official duties or in the course of his or her work (whether paid or voluntary), believes, or suspects, on reasonable grounds, or knows, that family violence involving the use of a weapon, sexual violence or physical violence, or where a child is affected, has occurred or is likely to occur, the prescribed person must inform a police officer as soon as practicable.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (3)  Whether a person informs a police officer under subsection (2) verbally or in writing, the person must include in the information his or her name and address and a statement of the observations, information, opinions and other grounds upon which the belief, suspicion or knowledge is based.\n> \n> > (4)  It is a defence in proceedings for an offence under subsection (2) if the person charged establishes that he or she honestly and reasonably believed that a police officer had been informed by another person of the relevant belief, suspicion or knowledge.\n\n*\n\n\\]","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":"Informing of concern about family violence","content":"### 38 Informing of concern about family violence\n\n> > (1)  In this section –\n> > \n> > > ***prescribed person*** means –\n> > > \n> > > > > (a) a registered medical practitioner; and\n> > > > \n> > > > > (b) a nurse, within the meaning of the *Nursing Act 1995*; and\n> > > > \n> > > > > (c) a person who is registered as a dentist, dental therapist or dental hygienist under the *Dental Practitioners Registration Act 2001*; and\n> > > > \n> > > > > (d) a registered psychologist, within the meaning of the *Psychologists Registration Act 2001*; and\n> > > > \n> > > > > (e) a police officer; and\n> > > > \n> > > > > (f) a correctional officer or probation officer appointed or employed under section 5 of the *Corrections Act 1997*; and\n> > > > \n> > > > > (g) a principal or a teacher in any educational institution (including a kindergarten); and\n> > > > \n> > > > > (h) a person who provides child care, or a child care service, for fee or reward; and\n> > > > \n> > > > > (i) a person concerned in the management of a child care service licensed under the *Child Care Act 2001*; and\n> > > > \n> > > > > (j) any other person of a class determined by the Minister by notice in the *Gazette* to be prescribed persons.\n> \n> > (2)  If a prescribed person, in carrying out official duties or in the course of his or her work (whether paid or voluntary), believes, or suspects, on reasonable grounds, or knows, that family violence involving the use of a weapon, sexual violence or physical violence, or where a child is affected, has occurred or is likely to occur, the prescribed person must inform a police officer as soon as practicable.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (3)  Whether a person informs a police officer under subsection (2) verbally or in writing, the person must include in the information his or her name and address and a statement of the observations, information, opinions and other grounds upon which the belief, suspicion or knowledge is based.\n> \n> > (4)  It is a defence in proceedings for an offence under subsection (2) if the person charged establishes that he or she honestly and reasonably believed that a police officer had been informed by another person of the relevant belief, suspicion or knowledge.","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Protection from liability for voluntary or mandatory information","content":"### 39 Protection from liability for voluntary or mandatory information\n\n> A person who (whether voluntarily or as required by [section 38](#GS38@EN) ) informs a police officer that he or she believes, reasonably suspects or knows that family violence involving the use of a weapon, sexual violence or physical violence, or where a child is affected, has occurred or is likely to occur, or who provides any further information to a police officer in respect of such belief, suspicion or knowledge –\n> \n> > > (a) cannot, by virtue of doing so, be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and\n> > \n> > > (b) insofar as he or she has acted in good faith, incurs no civil or criminal liability in respect of –\n> > > \n> > > > > (i) so informing a police officer; or\n> > > > \n> > > > > (ii) the provision of further information.","sortOrder":54},{"sectionNumber":"39A.","sectionType":"section","heading":null,"content":"### 39A.\n\n[*\\[Section 39A Inserted by No. 50 of 2017, s. 7, Applied:12 Dec 2017\\]*](/view/html/inforce/2017-12-12/act-2017-050#GS7@EN) [*\\[Section 39A Repealed by No. 21 of 2022, s. 11, Applied:22 Dec 2022\\]*](/view/html/inforce/2022-12-22/act-2022-021#GS11@EN)","sortOrder":55},{"sectionNumber":"40","sectionType":"section","heading":"Regulations","content":"### 40 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may –\n> > \n> > > > (a) authorise any matter to be determined, applied or regulated by a specified person or body; and\n> > > \n> > > > (b) confer a power or impose a duty on a specified person or class of persons.\n> \n> > (5)  The regulations may adopt or incorporate, with or without modification, the whole or part of any standard, rule, code, specification or guidelines, as amended from time to time issued, prescribed, made or published by any person or body before or after the regulations take effect.","sortOrder":56},{"sectionNumber":"41","sectionType":"section","heading":"Administration","content":"### 41 Administration\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Transitional provisions","content":"### 42 Transitional provisions\n\n> Where a restraint order, an interim restraint order, a telephone interim restraint order or a registered external restraint order, all within the meaning of [Part XA of the](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , has been made under that Part –\n> \n> > > (a) before the commencement of [section 35](#GS35@EN) ; and\n> > \n> > > (b) for the benefit of the spouse or partner of the person against whom the order was made –\n> \n> any contravention of that order that occurs after the commencement of this Part is to be dealt with as an offence under [section 35](#GS35@EN) .","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Review of Act","content":"### 43 Review of Act\n\n> A review into the provisions of this Act including an investigation of the effectiveness of its mechanisms will be conducted by the Minister and tabled in Parliament within 3 years of the commencement of the Act.\n\n*\n\n**44.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":59},{"sectionNumber":"44.","sectionType":"section","heading":null,"content":"### 44.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":60},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 44](#GS44@EN)\n\n> > (a) [Bail Act 1994](/view/html/inforce/2026-04-12/act-1994-009) ;\n> \n> > (b) [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) ;\n> \n> > (c) [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) ;\n> \n> > (d) [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) ;\n> \n> > (e) [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) ;\n> \n> > (f) [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ;\n> \n> > (g) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ;\n> \n> > (h) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> \n> > (i) [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) ;\n> \n> > (j) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ;\n> \n> > (k) [Youth Justice Act 1997](/view/html/inforce/2026-04-12/act-1997-081) .","sortOrder":61}],"analysis":{"summary":{"name":"Family Violence Act 2004","slug":"family-violence-act-2004","title_id":"tas:act-2004-067","version_id":105605,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole Act incorporating amendments as at 13 December 2024 (No. 30 of 2024). Five Parts covering preliminary, economic and emotional abuse offences, police orders, family violence orders, and miscellaneous provisions."},"complexity_factors":["Dual order system (police PFVOs and court FVOs) with different authorities and durations","Interaction with national recognition scheme for cross-jurisdictional orders","Broad definition of family violence requiring careful assessment of conduct categories","Criminal offence provisions for economic and emotional abuse with specific limitation periods"],"plain_english_summary":"The Family Violence Act 2004 (Tas) is Tasmania's central statute for protecting people from family violence. Under section 3, the safety, psychological wellbeing, and interests of people affected by family violence are the paramount considerations in the Act's administration.\n\nThe Act defines family violence broadly in section 7 to include physical violence, threats, coercion, stalking, rape, wounding, economic abuse, emotional abuse, property damage, and contravention of existing orders, where committed against a spouse or partner or affecting children. Economic abuse (section 8) and emotional abuse or intimidation (section 9) are stand-alone offences, each carrying a maximum penalty of 40 penalty units or 2 years imprisonment.\n\nPolice family violence orders (PFVOs) are the immediate protective response. A police officer of sergeant rank or above may issue a PFVO without a court order if satisfied a person has committed or is likely to commit a family violence offence. A PFVO can require the respondent to vacate premises, stay away from specified people, surrender firearms, and refrain from contact. PFVOs take effect on service and operate for a short period.\n\nFamily violence orders (FVOs) are the longer-term protective order made by the Magistrates Court under Part 4 on application by a person, a police officer, or on behalf of a child. The court may make an FVO if satisfied that the respondent has committed family violence and is likely to do so again. External family violence orders from other jurisdictions may be registered in Tasmania under Part 4.\n\nThe Act has been significantly amended, most recently in 2024 (No. 30 of 2024), which updated the definition of family violence in section 7. Tasmania also enacted the Domestic Violence Orders (National Recognition) Act 2016 to give effect to the national recognition scheme for family violence orders made interstate."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The text of the Act as supplied shows multiple substantive insertions and amendments since initial enactment that expand and modify its scope. Notable scope changes reflected in the current text include: the addition of a statutory definition and regime for \"serial family violence perpetrator\" and associated recording, duration and review procedures (Part 4A: ss 29A–29E; recording requirement in s 13A(1A)); express powers for courts to impose electronic monitoring and rehabilitation program conditions (s 16(3)(c)–(d)) together with procedural safeguards requiring assessments and proof of program availability before such conditions are imposed (s 16(3A)); expanded police procedural powers and related evidentiary provisions (amendments reflected in ss 10, 31); and formalised registration and enforcement of external family violence orders (ss 26–28).  The statutory amendments noted in the source (see amendment notes adjacent to provisions such as ss 4, 7, 13, 16, 29A) indicate the Act’s scope has been extended beyond its original drafting to add new enforcement tools, recording regimes and supervisory checks."},"complexity_factors":["Numerous cross-references to other statutes (Family Law Act, Criminal Code, Justices Act, Residential Tenancy Act, etc.), requiring interpretive alignment across instruments (see ss 4, 16, Schedule 1).","Multiple overlapping enforcement mechanisms (police PFVOs under s 14; court FVOs under s 16; interim FVOs s 23; registration of external orders ss 26–28).","Broad discretionary operational powers vested in police (warrantless entry/search/seizure/detention — s 10) and in courts (FVO conditions, serial perpetrator declarations — ss 16, 29A).","Interplay between civil protection orders and criminal sanctions, including escalating penalties for contraventions (s 35) and recording requirements (s 13A).","Conditional remedies that depend on administrative capacity: rehabilitation program orders require assessment and program availability before imposition (s 16(3A)).","Procedural complexity around evidence admissibility (statutory declarations, medical representations — s 31), publication restrictions (s 32) and special witness rules (s 31(2B)).","Ancillary administrative regimes (tenancy replacement orders s 17; MPES notification s 35(5); information‑sharing protections s 37).","New regimes layered onto the Act over time (Part 4A serial perpetrator framework, electronic monitoring), increasing substantive scope and procedural steps (ss 29A–29E; s 16(3)(c))."],"plain_english_summary":"# What this law does (mechanics first)\n\n- The Act defines \"family violence\" and creates criminal offences and civil protection orders to prevent it (Definitions: s 4; family violence: s 7).  It makes specific conduct criminal (economic abuse: s 8; emotional abuse/intimidation: s 9) and creates an escalating penalty regime for breaching protection orders (s 35).\n\n- Police powers: a police officer may, without a warrant, enter premises, search, seize objects and detain or arrest people where family violence is suspected (s 10).  Police of sergeant rank or above (or an authorised officer) may issue a short-term police family violence order (PFVO) imposing conditions (s 14).  Arrest and limited custodial detention powers for suspected family violence are set out (s 11).  Bail for those charged with family violence is restricted unless the decision‑maker is satisfied release will not adversely affect affected persons or children (s 12).\n\n- Court orders: a court may make family violence orders (FVOs) on the civil standard (balance of probabilities) where it is satisfied a person has committed family violence and may again do so (s 16).  FVOs can require vacating premises, surrendering firearms, refraining from contact, electronic monitoring, participation in rehabilitation programs and other conditions (s 16(2)–(3), (3)(c)–(d)).  Interim FVOs and variation/extension/revocation procedures are provided (ss 23, 20, 14(6)–(13)).\n\n- Recognition and enforcement of orders made elsewhere: the Act provides for registration, adaptation and enforcement of relevant orders made in other jurisdictions (external family violence orders) so they operate as if made under this Act (ss 26–28).\n\n- Serial perpetrator regime: a court may declare an offender a \"serial family violence perpetrator\" where specified conviction thresholds and other conditions are met; such a declaration is recorded, lasts up to 5 years unless extended, and can trigger FVOs and other orders (Part 4A: ss 29A–29D, 29B, 29C; recording: s 13A).\n\n- Procedural and administrative matters: who may apply for an FVO, hearing rules, evidence rules (including admissibility of police/statutory declarations and medical representations), publication restrictions to protect identities (ss 15, 31, 32), forms (s 30) and costs (s 34) are all set out.  Information-sharing protections for agencies acting in good faith are provided (s 37).\n\n- Mandatory reporting by certain professionals: specified \"prescribed persons\" who, in their work, believe or suspect certain family‑violence situations (use of weapon, sexual/physical violence, or where a child is affected) must inform police and include specified details; there is a penalty for failure (s 38).  Those who report in good faith are protected from professional or civil liability (s 39).\n\n- Interaction with other laws: the Act expressly prevails over inconsistent Acts to the extent of inconsistency (s 6) and contains multiple cross‑references to other legislation (e.g. Family Law Act orders, Criminal Code, Justices Act) and consequential amendments (Schedule 1).\n\n# Who it affects (directly and mechanically)\n\n- Affected persons and affected children: persons identified in the definitions who are the intended beneficiaries of protection orders and whose safety is to be the paramount consideration in administering the Act (definitions in s 4; object of the Act s 3).\n\n- Persons who commit or are suspected of committing family violence: they face arrest powers (s 11), PFVOs (s 14), FVOs and conditions (s 16), criminal offences for specified conduct (ss 8–9) and escalating penalties for repeated contraventions (s 35).  A serial‑perpetrator declaration can be recorded on their criminal record (s 13A(1A)) and lasts up to 5 years unless extended (s 29B, s 29D).\n\n- Police and courts: police exercise broad operational discretion (PFVOs, entry/search/seizure, risk screening and safety audits — ss 10, 14, 31(2A)); courts make FVOs, interim orders, declarations of serial perpetrators, and cost orders (ss 16, 23, 29A, 34).  The Commissioner of Police and the Director of Corrective Services (where assessments or program availability are required) are given roles (s 16(3)(c), s 16(3A), s 29A(6)).\n\n- Third parties and institutions: landlords and owners of residential premises can be affected by court‑ordered termination and replacement of tenancy agreements (s 17).  Medical practitioners, teachers, child‑care providers and other prescribed persons have a statutory reporting duty (s 38) and are protected for good‑faith reporting (s 39).  Privacy / information custodians are permitted to share personal information in good faith for the objects of the Act without breaching the Personal Information Protection Act (s 37).\n\n# Why it matters (purpose claim and practical trade‑offs)\n\n- Stated purpose: the Act declares the safety, psychological wellbeing and interests of people affected by family violence are the paramount considerations in its administration (s 3).  The mechanical measures to pursue that purpose are criminal offences, civil protection orders enforceable by criminal penalty, expanded police powers, and procedural and information‑sharing rules.\n\n- Trade‑offs, incentives and costs (source‑grounded):\n  - Individual liberty vs immediate protection: police may enter premises and detain/arrest without warrant where they reasonably suspect family violence (s 10(1), s 11(1)).  Those powers create immediate protective capacity but also vest significant discretion in police about intrusion into private premises (s 10) and about who is arrested or detained (s 11(4)).\n  - Compliance burden on professionals: \"prescribed persons\" have a statutory duty to report certain suspected family violence to police with named identification and grounds for the suspicion (s 38(2)–(3)), under penalty (s 38(2)).  The Act protects such reporters from professional or civil liability when acting in good faith (s 39).  This shifts compliance costs onto front‑line professionals while limiting their liability risk for acting.\n  - Administrative and service capacity constraints: the court may only include a rehabilitation‑program condition after an assessment and satisfying availability and eligibility conditions (s 16(3A)).  That makes imposing treatment contingent on program capacity and assessments (s 16(3A), s 29A(6)), which can delay or limit use of that remedy.\n  - Effects on private property and tenancy: courts may terminate and reassign residential tenancy agreements to remove an alleged perpetrator from premises and create replacement agreements with the same terms (s 17).  That transfers control of the tenancy relationship by court order and imposes administrative duties on landlords and clerks of court (s 17(1A)–(3B)).\n  - Record and future economic effects for offenders: where courts are satisfied an offence was family violence the offence must be recorded on the person’s criminal record as a family violence offence (s 13A(1)).  A serial‑perpetrator declaration is also recorded (s 13A(1A)).  Those records may affect employment and reputation; the Act provides for correction applications (s 13A(2)–(3)).\n  - Enforcement costs and fines collection: criminal penalties and fines are imposed on individuals for offences and contraventions (ss 8, 9, 35).  The Act requires courts to notify the Director, MPES where fines are imposed in certain protected‑publication cases (s 35(5)), imposing administrative steps for enforcement.\n\n# Who pays and who decides (concise)\n\n- Who pays: individuals who commit offences or contravene orders may pay fines or serve imprisonment (ss 8–9, 35).  Parties generally bear their own legal costs (s 34(1)), although a court may order one party to pay another’s costs if fair (s 34(2)) after considering specified factors.  Landlords may incur administrative costs from tenancy changes ordered under s 17; the State bears operational enforcement costs (police, courts, corrective services) not specifically charged to private parties in the Act.\n\n- Who decides: police (sergeant or above or authorised) can issue PFVOs and exercise warrantless entry/search/seizure/detention (ss 14(1), 10).  Courts (Magistrates/courts of summary jurisdiction) make FVOs, interim orders, declare serial perpetrators and make costs orders (ss 5, 16, 23, 29A, 34).  The Commissioner of Police and Director of Corrective Services are decision points for implementation (s 16(3)(c), s 16(3A), s 29A(6)).\n\n# Implementation risks, compliance burden and discretion (source citations)\n\n- Police discretion and enforcement load: broad warrantless powers to enter, search, detain and arrest where family violence is suspected (s 10) create operational reliance on police judgement and impose workloads for risk screening and safety audits (s 10(2)(b)).  Detention may be used to facilitate PFVOs or court applications (s 10(2)(a), s 10(4)(e)).\n\n- Court discretion and administrative preconditions: courts may only include electronic monitoring or rehabilitation conditions under specified tests and with supporting assessments and proof of availability (s 16(3)(c)–(3A), s 16(3B)).  The serial‑perpetrator declaration requires numerical conviction thresholds within a 10‑year window unless exceptional circumstances exist, and the court must be satisfied the declaration is warranted (s 29A(2)–(4)).  Those provisions vest substantial evaluative discretion in courts.\n\n- Compliance burden for reporting professionals: prescribed persons must report certain suspected incidents promptly, include their name/address and grounds (s 38(2)–(3)), under penalty (s 38(2)).  Section 39 limits liability for good‑faith reporters, reducing legal risk for compliance but not administrative cost.\n\n# Concrete substitution effects and opportunity costs\n\n- Rehabilitation vs coercive measures: courts may order participation in rehabilitation programs (s 16(3)(d)), but only after an assessment and if a suitable program is available (s 16(3A)).  Where programs are scarce, courts will default to other conditions (vacate premises, no contact, electronic monitoring), shifting effort and cost to police/correctional monitoring rather than treatment.\n\n- Tenancy outcomes: courts can reassign tenancy rights (s 17), which substitutes judicial allocation of housing arrangements for ordinary landlord–tenant processes and may produce additional administrative steps and disputes for landlords and occupants (s 17(4) allows interested persons to be heard).\n\n# Section citations for key features\n\n- Objects and paramount consideration: s 3.\n- Definitions and key terms: s 4; family violence definition: s 7.\n- Criminalised conduct: economic abuse s 8; emotional abuse s 9; limitation period s 9A.\n- Police entry/search/seizure/detention and powers: s 10; arrest/detention: s 11.\n- PFVO (police orders) and conditions: s 14.\n- Court FVOs, conditions including electronic monitoring and rehabilitation: s 16 (and ss 16(3A), 16(3B), 16(4)).\n- Tenancy replacement orders: s 17.\n- Matters the court must consider and paramountcy of safety: s 18.\n- Interim orders and procedure: ss 23, 25A.\n- Registration and effect of external orders: ss 26–28.\n- Serial perpetrator declaration and related processes: ss 29A–29E; recording: s 13A.\n- Contraventions and penalties (escalating): s 35.\n- Costs rules: s 34.\n- Mandatory reporting: s 38; protection for reporters: s 39.\n- Information sharing protection: s 37.\n\nThis summary is confined to the text of the Act and its express amendments and cross‑references as set out in the source. It identifies who is empowered to act, who bears costs, what behaviour is altered by the law, and the main implementation preconditions and discretion points (with section citations above)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2004 scope. The original Act established basic FVOs, PFVOs, and economic/emotional abuse offences. Major expansions include: (1) 2015 amendments adding detailed police search powers, risk screening, and safety audits; (2) 2016 integration with national domestic violence order recognition scheme; (3) 2017 amendments adding serial perpetrator recording and evidence provisions; (4) 2022 amendments introducing electronic monitoring, mandatory rehabilitation programs, and the entire Part 4A 'serial family violence perpetrator' declaration scheme with 5-year maximum durations and review mechanisms; (5) 2024 amendments expanding the definition of family violence to include animal harm for coercive purposes; and (6) 2025 amendments refining costs and extension rules. The Act has transformed from a straightforward protection order regime into a complex, multi-layered system incorporating risk assessment, offender rehabilitation, electronic surveillance, and national coordination."},"complexity_factors":["Multiple overlapping order types (PFVO, FVO, interim FVO, external family violence orders) with different creation mechanisms, durations, and modification rules","Extensive cross-referencing to other Tasmanian Acts — Justices Act 1959, Criminal Code, Residential Tenancy Act 1997, Domestic Violence Orders (National Recognition) Act 2016, and others","Nested conditional logic in Section 7 (definition of family violence) with six main categories, multiple sub-paragraphs, and an 'irrelevant whether' clause regarding animal ownership","Complex amendment history visible throughout — multiple sections amended by Acts from 2005, 2007, 2015, 2016, 2017, 2018, 2022, 2024, and 2025, creating layered legislative text","Detailed procedural requirements for FVOs including specific conditions for electronic monitoring (Section 16(3)(c)) and rehabilitation programs (Section 16(3)(d)) with pre-conditions in Section 16(3A)","Serial perpetrator scheme (Part 4A) with complex eligibility criteria — 2 indictable offences on different days OR 3 offences on different days OR persistent family violence conviction, plus 10-year lookback with exceptional circumstances exception","Interaction between state FVOs and Commonwealth Family Court orders — explicit subordination clause (Section 33) but also mandatory consideration requirements","Specific evidentiary provisions allowing statutory declarations and medical reports without cross-examination in certain circumstances (Section 31)","Costs provisions (Section 34) with multiple discretionary factors and explicit exclusion for police officers"],"plain_english_summary":"**What this law does:**\n\nThe *Family Violence Act 2004* (Tasmania) creates a comprehensive legal framework to protect people from violence within family or intimate relationships. It establishes specific criminal offences for family violence, gives police emergency powers to intervene, and allows courts to make protection orders.\n\n**Key features:**\n\n- **Defines family violence broadly** — including physical assault, sexual violence, stalking, economic abuse (controlling money or property), emotional abuse, and even harming or threatening pets to intimidate a partner (Section 7)\n- **Creates specific offences** for economic abuse (Section 8) and emotional abuse/intimidation (Section 9), punishable by up to 2 years imprisonment\n- **Gives police strong powers** — officers can enter premises without a warrant, arrest suspects, conduct safety audits, and issue immediate \"Police Family Violence Orders\" (PFVOs) lasting up to 12 months (Sections 10-14)\n- **Allows courts to make Family Violence Orders (FVOs)** — longer-term protection orders that can require the violent person to leave the home, surrender firearms, stay away from the victim, undergo rehabilitation programs, or submit to electronic monitoring (Sections 15-20)\n- **Protects tenancy rights** — courts can transfer rental agreements to victims, ensuring they don't become homeless when removing a violent partner (Section 17)\n- **Targets repeat offenders** — introduces \"serial family violence perpetrator\" declarations for people convicted of multiple offences, with enhanced monitoring and restrictions (Part 4A, Sections 29A-29E)\n- **Mandates reporting** — doctors, nurses, teachers, childcare workers and others must report serious family violence to police (Section 38)\n- **Prioritises victim safety** — the law explicitly states that the safety and wellbeing of affected persons and children are \"paramount considerations\" in all decisions (Section 3)\n\n**Who it affects:**\n\n- **Victims** — spouses, partners (including de facto couples), and children affected by violence\n- **Police** — who can issue emergency orders and must prioritise victim safety when making arrests or granting bail\n- **Courts** — which determine longer-term protection orders and sentences\n- **Professionals** — health workers, teachers and childcare providers who must report serious violence\n- **Perpetrators** — who face criminal penalties, restrictive orders, and potential electronic monitoring\n\n**Why it matters:**\n\nThis Act recognises that family violence isn't just physical assault — it includes financial control, emotional manipulation, and coercive control. It provides immediate police intervention without waiting for court processes, while also creating pathways for longer-term protection and rehabilitation. The 2022 amendments added electronic monitoring and rehabilitation programs, reflecting evolving understanding of how to manage high-risk offenders."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/family-violence-act-2004","history":"/api/acts/family-violence-act-2004/history","analysis":"/api/acts/family-violence-act-2004/analysis","conflicts":"/api/acts/family-violence-act-2004/conflicts","importantCases":"/api/acts/family-violence-act-2004/important-cases","documents":"/api/acts/family-violence-act-2004/documents"}}