{"id":"intervention-orders-prevention-of-abuse-act-2009","name":"Intervention Orders (Prevention of Abuse) Act 2009","slug":"intervention-orders-prevention-of-abuse-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105577,"registerId":"sa-intervention-orders-prevention-of-abuse-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Power to declare DVO to be recognised","content":"Subdivision 4—Power to declare DVO to be recognised\n29ZCA\tInterpretation\n29ZD\tPower to declare DVO to be recognised\n29ZE\tApplication for order\n29ZF\tDeclarations relating to general violence orders\nPart 4—Foreign intervention orders\n30\tRegistration of foreign intervention orders\nPart 5—Offences and enforcement\nDivision 1—Offences\n31\tContravention of intervention order\n31A\tSpecial provisions applying to review or appeal in relation to certain offences against section 31\n32\tLandlord not to allow access to excluded defendant\n33\tPublication of report about proceedings or orders\nDivision 2—Special police powers\n34\tPowers facilitating service of intervention order\n35\tPowers following service of intervention order\n36\tPower to arrest and detain for contravention of intervention order\n37\tPower to search for weapons and articles required to be surrendered by intervention order\nDivision 3—Disclosure of information\n38\tDisclosure to police of information relevant to locating defendant\nPart 6—Miscellaneous\n39\tDelegation by intervention program manager\n40\tDealing with items surrendered under intervention order\n41\tEvidentiary provision\n42\tRegulations\nSchedule 1—Transitional provisions\nPart 15—Transitional provisions\n37\tContinuance of restraining orders\n38\tContinuance of registered foreign restraining orders\n39\tValidation of certain intervention orders in force before commencement of section 6 of Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Intervention Orders (Prevention of Abuse) Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nabuse and act of abuse—see section 8;\nammunition has the same meaning as in the Firearms Act 2015;\nassociated order means a problem gambling order or tenancy order made in association with a final intervention order;\ncase manager means a person responsible for supervision of a defendant's participation in an intervention program;\nchild means a person who has not attained 18 years of age;\ncognitive impairment includes—\n\t(a)\ta developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);\n\t(b)\tan acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);\n\t(c)\ta mental illness;\nCommissioner has the same meaning as in the Gambling Administration Act 1995;\ncontravene includes fail to comply;\nCourt means the Magistrates Court of South Australia;\ndefendant—see section 6;\ndomestic abuse—see section 8(8);\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\ndomestic violence concern—see sections 15A and 29C;\nFamily Law Act order means an order, injunction, undertaking, plan, recognisance or other form of obligation imposed or agreement made under the Family Law Act 1975 of the Commonwealth;\nfinal intervention order means—\n\t(a)\tan interim intervention order (whether issued by a police officer or the Court) confirmed as a final intervention order by the Court under section 23; or\n\t(b)\ta final intervention order issued by the Court under section 23 in substitution for an interim intervention order;\nfirearm has the same meaning as in the Firearms Act 2015;\nfirearms terms—see section 14;\nforeign intervention order means an order, notice or other form of requirement under the law of another State, a Territory of the Commonwealth or New Zealand declared by regulation to be a foreign intervention order;\ninterim intervention order means—\n\t(a)\tan interim intervention order issued by a police officer under section 18; or\n\t(b)\tan interim intervention order issued by the Court under section 21;\nintervention order means—\n\t(a)\tan interim intervention order; or\n\t(b)\ta final intervention order,\nas the case requires;\nintervention program means a program that provides—\n\t(a)\tsupervised treatment; or\n\t(b)\tsupervised rehabilitation; or\n\t(c)\tsupervised behaviour management; or\n\t(d)\tsupervised access to support services; or\n\t(e)\ta combination of any 1 or more of the above,\ndesigned to address behavioural problems (including problem gambling), substance abuse or mental impairment;\nintervention program manager means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person);\nissuing authority—\n\t(a)\tin relation to an interim intervention order—means the police officer who, or the Court that, issues the interim intervention order; and\n\t(b)\tin relation to a final intervention order—means the Court—\n\t(i)\tthat confirms the interim intervention order as a final intervention order under section 23; or\n\t(ii)\tthat issues the final intervention order under section 23 in substitution for an interim intervention order,\n(as the case may be);\nnon‑domestic abuse—see section 8(9);\noffensive material—see subsection (2);\nPrincipal Registrar means the Principal Registrar of the Court;\nproblem gambling order—see section 24;\nprotected person means a person for whose protection an intervention order is issued;\npublic sector agency has the same meaning as in the Public Sector Act 2009, but does not include the Legal Services Commission;\nrelevant public sector agency means—\n\t(a)\tthe chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Children's Protection Act 1993; or\n\t(b)\tthe chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011; or\n\t(c)\tthe chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972; or\n\t(d)\tthe South Australian Housing Trust; or\n\t(f)\tthe chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Supported Residential Facilities Act 1992; or\n\t(g)\tthe chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982;\nState child protection order means an order made under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017;\ntenancy agreement means an agreement under which a person grants another person, for valuable consideration, a right (which may, but need not be, an exclusive right) to occupy premises for residential purposes, and includes a residential parks agreement within the meaning of the Residential Parks Act 2007;\ntenancy order—see section 25.\n\t(2)\tFor the purposes of determining whether material is offensive material, the circumstances of a dealing with the material may be taken into account but, if material was inherently offensive material, the circumstances of a dealing with the material cannot be taken to have deprived it of that character.\n4—Application of Act outside State\nThis Act applies to an act of abuse whether it takes place in or outside this State and an intervention order may be issued against a person resident in or outside this State.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects of Act","content":"Part 2—Objects of Act\n5—Objects of Act\nThe objects of this Act are—\n\t(a)\tto assist in preventing domestic and non‑domestic abuse, and the exposure of children to the effects of domestic and non‑domestic abuse, by providing for—\n\t(i)\tthe issuing of intervention orders; and\n\t(ii)\tthe issuing of associated orders relating to problem gambling and tenancy agreements; and\n\t(iii)\tthe registration of foreign intervention orders; and\n\t(iv)\tthe enforcement of South Australian and foreign intervention orders; and\n\t(b)\tto provide special police powers of arrest, detention and search in connection with issuing, serving and enforcing intervention orders; and\n\t(c)\tto further protect persons suffering or witnessing domestic or non‑domestic abuse by—\n\t(i)\tproviding for special arrangements for witnesses in proceedings under this Act; and\n\t(ii)\timposing limitations on publishing reports about proceedings or orders under this Act.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Intervention and associated orders","content":"Part 3—Intervention and associated orders\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n6—Grounds for issuing intervention order\nThere are grounds for issuing an intervention order against a person (the defendant) if—\n\t(a)\tit is reasonable to suspect that the defendant will, without intervention, commit an act of abuse against a person; and\n\t(b)\tthe issuing of the order is appropriate in the circumstances.\n7—Persons for whose protection intervention order may be issued\n\t(1)\tAn intervention order may be issued for the protection of—\n\t(a)\tany person against whom it is suspected the defendant will commit an act of abuse; or\n\t(b)\tany child who may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person.\n\t(2)\tAn intervention order may be issued for the protection of a person even if that person is not an applicant for the order and the application is not made on his or her behalf.\n\t(3)\tIf an issuing authority proposes to intervene against a defendant for the protection of more than 1 person, it may do so by issuing a single intervention order or by issuing multiple intervention orders, as it considers appropriate in the circumstances.\n8—Meaning of abuse—domestic and non‑domestic\n\t(1)\tAbuse may take many forms including physical, sexual, emotional, psychological or economic abuse.\n\t(2)\tAn act is an act of abuse against a person if it results in or is intended to result in—\n\t(a)\tphysical injury; or\n\t(b)\temotional or psychological harm; or\n\t(c)\tan unreasonable and non‑consensual denial of financial, social or personal autonomy; or\n\t(d)\tdamage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.\n\t(3)\tEmotional or psychological harm includes—\n\t(a)\tmental illness; and\n\t(b)\tnervous shock; and\n\t(c)\tdistress, anxiety, or fear, that is more than trivial.\n\t(4)\tEmotional or psychological harm—examples\nWithout limiting subsection (2)(b), an act of abuse against a person resulting in emotional or psychological harm may be comprised of any of the following:\n\t(a)\tsexually assaulting the person or engaging in behaviour designed to coerce the person to engage in sexual activity;\n\t(b)\tunlawfully depriving the person of his or her liberty;\n\t(c)\tdriving a vehicle in a reckless or dangerous manner while the person is a passenger in the vehicle;\n\t(d)\tcausing the death of, or injury to, an animal;\n\t(e)\tfollowing the person;\n\t(f)\tloitering outside the place of residence of the person or some other place frequented by the person;\n\t(g)\tentering or interfering with property in the possession of the person;\n\t(h)\tgiving or sending offensive material to the person, or leaving offensive material where it will be found by, given to or brought to the attention of the person;\n\t(i)\tpublishing or transmitting offensive material by means of the Internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the person;\n\t(j)\tcommunicating with the person, or to others about the person, by way of mail, telephone (including associated technology), fax or the Internet or some other form of electronic communication in a manner that could reasonably be expected to cause emotional or psychological harm to the person;\n\t(k)\tkeeping the person under surveillance;\n\t(l)\tdirecting racial or other derogatory taunts at the person;\n\t(m)\tthreatening to withhold the person's medication or prevent the person accessing necessary medical equipment or treatment;\n\t(n)\tthreatening to institutionalise the person;\n\t(o)\tthreatening to withdraw care on which the person is dependent;\n\t(oa)\tforcing the person to marry another person;\n\t(ob)\tpreventing the person from entering the person's place of residence;\n\t(oc)\ttaking an invasive image (within the meaning of Part 5A of the Summary Offences Act 1953) of the person and threatening to distribute the image without the person's consent;\n\t(od)\tcoercing a person to terminate a pregnancy;\n\t(oe)\tcoercing a person to not terminate a pregnancy;\n\t(p)\totherwise threatening to cause the person physical injury, emotional or psychological harm or an unreasonable and non‑consensual denial of financial, social or domestic autonomy or to cause damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.\n\t(5)\tUnreasonable and non‑consensual denial of financial, social or personal autonomy—examples\nWithout limiting subsection (2)(c), an act of abuse against a person resulting in an unreasonable and non‑consensual denial of financial, social or personal autonomy may be comprised of any of the following:\n\t(a)\tdenying the person the financial autonomy that the person would have had but for the act of abuse;\n\t(b)\twithholding the financial support necessary for meeting the reasonable living expenses of the person (or any other person living with, or dependent on, the person) in circumstances in which the person is dependent on the financial support to meet those living expenses;\n\t(c)\twithout lawful excuse, preventing the person from having access to joint financial assets for the purposes of meeting normal household expenses;\n\t(d)\tpreventing the person from seeking or keeping employment;\n\t(e)\tcausing the person through coercion or deception to—\n\t(i)\trelinquish control over assets or income; or\n\t(ii)\tclaim social security payments; or\n\t(iii)\tsign a power of attorney enabling the person's finances to be managed by another person; or\n\t(iv)\tsign a contract for the purchase of goods or services; or\n\t(v)\tsign a contract for the provision of finance; or\n\t(vi)\tsign a contract of guarantee; or\n\t(vii)\tsign any legal document for the establishment or operation of a business;\n\t(f)\twithout permission, removing or keeping property that is in the ownership or possession of the person or used or otherwise enjoyed by the person;\n\t(g)\tdisposing of property owned by the person, or owned jointly with the person, against the person's wishes and without lawful excuse;\n\t(h)\tpreventing the person from making or keeping connections with the person's family, friends or cultural group, from participating in cultural or spiritual ceremonies or practices, or from expressing the person's cultural identity;\n\t(i)\texercising an unreasonable level of control and domination over the daily life of the person.\n\t(6)\tIf a defendant commits an act of abuse against a person, or threatens to do so, in order to cause emotional or psychological harm to another person or to deny another person financial, social or personal autonomy, the defendant commits an act of abuse against that other person.\n\t(7)\tA defendant may commit an act of abuse by causing or allowing another person to commit the act or to take part in the commission of the act.\n\t(8)\tIf the act of abuse is committed by a defendant against a person with whom the defendant is or was formerly in a relationship, it is referred to in this Act as an act of domestic abuse; and for that purpose, 2 persons are in a relationship if—\n\t(a)\tthey are married to each other; or\n\t(b)\tthey are domestic partners; or\n\t(c)\tthey are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or\n\t(d)\t1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or\n\t(e)\t1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or\n\t(f)\t1 is a child and the other is a person who acts in loco parentis in relation to the child; or\n\t(g)\t1 is a child who normally or regularly resides or stays with the other; or\n\t(h)\tthey are brothers or sisters or brother and sister; or\n\t(i)\tthey are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or\n\t(j)\tthey are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or\n\t(k)\t1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other.\n\t(9)\tAn act of abuse may be committed by a defendant against a person with whom the defendant is not, and was not formerly, in a relationship (including in circumstances where the defendant imagines such a relationship) and such an act of abuse is referred to in this Act as an act of non‑domestic abuse.\n9—Priority for certain interventions\nProceedings relating to intervention against domestic abuse and proceedings brought by a bail authority under section 23A of the Bail Act 1985 must, as far as practicable, be dealt with as a matter of priority.\n10—Principles for intervention against abuse\n\t(1)\tThe following must be recognised and taken into account in determining whether it is appropriate to issue an intervention order and in determining the terms of an intervention order:\n\t(a)\tabuse occurs in all areas of society, regardless of socio‑economic status, health, age, culture, gender, sexuality, ability, ethnicity and religion;\n\t(b)\tabuse may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of behaviour;\n\t(c)\tit is of primary importance to prevent abuse and to prevent children from being exposed to the effects of abuse;\n\t(d)\tas far as is practicable, intervention should be designed—\n\t(i)\tto encourage defendants who it is suspected will, without intervention, commit abuse to accept responsibility and take steps to avoid committing abuse; and\n\t(ii)\tto minimise disruption to protected persons and any child living with a protected person and to maintain social connections and support for protected persons; and\n\t(iii)\tto ensure continuity and stability in the care of any child living with a protected person; and\n\t(iv)\tto allow education, training and employment of a protected person and any child living with a protected person, and arrangements for the care of such a child, to continue without interruption; and\n\t(v)\tif the defendant is a child—\n\t(A)\tto ensure the child has appropriate accommodation, care and supervision; and\n\t(B)\tto ensure the child has access to appropriate educational and health services; and\n\t(C)\tto allow the education, training and employment of the child to continue without interruption.\n\t(2)\tThe following must also be taken into account in determining whether it is appropriate to issue an intervention order and in determining the terms of an intervention order:\n\t(a)\tany relevant Family Law Act order or State child protection order of which the issuing authority has been informed;\n\t(b)\thow the intervention order would be likely to affect contact (in accordance with a relevant Family Law Act order or State child protection order or otherwise) between—\n\t(i)\tthe protected person or the defendant; and\n\t(ii)\tany child of, or in the care of, either of those persons;\n\t(c)\tany relevant agreement or order for the division of property under the Family Law Act 1975 of the Commonwealth, or the Domestic Partners Property Act 1996 or a corresponding law of another jurisdiction, of which the issuing authority has been informed;\n\t(d)\tif considering whether to prohibit the defendant from taking possession of property or to require the defendant to return property to a protected person or to allow a protected person to recover or have access to or make use of property—the income, assets and liabilities of the defendant and the protected person (to the extent that the issuing authority has been informed of those matters);\n\t(e)\tany other legal proceedings between the defendant and protected person of which the issuing authority has been informed.\n\t(3)\tBefore issuing an intervention order the issuing authority must consider whether, if the whereabouts of a person proposed to be protected by the order are not known to the defendant, the issuing of the order would be counterproductive.\n\t(4)\tAn issuing authority may take into account any other factor the authority considers relevant in the circumstances.\n11—Ongoing effect of intervention order\n\t(1)\tAn intervention order is ongoing and continues in force (subject to any variation or substitution of the order under this Act) until it is revoked.\n\t(2)\tConsequently, an issuing authority may not fix a date for the expiry of an intervention order or otherwise limit the duration of an intervention order.\n12—Terms of intervention order—general\n\t(1)\tAn intervention order may do any 1 or more of the following:\n\t(a)\tprohibit the defendant from being on, or within the vicinity of, premises at which a protected person resides or works;\n\t(b)\tprohibit the defendant from being on, or within the vicinity of, specified premises frequented by a protected person;\n\t(c)\tprohibit the defendant from being in a specified locality;\n\t(d)\tprohibit the defendant from approaching within a specified distance of a protected person;\n\t(e)\tprohibit the defendant from contacting, harassing, threatening or intimidating a protected person or any other person at a place where the protected person resides or works;\n\t(f)\tprohibit the defendant from damaging specified property;\n\t(g)\tprohibit the defendant from taking possession of specified personal property reasonably needed by a protected person;\n\t(h)\tprohibit the defendant from causing or allowing another person to engage in the conduct referred to in any of paragraphs (e) to (g);\n\t(i)\trequire the defendant to surrender specified weapons or articles that have been used, or that there is some reason to believe might be used, by the defendant to commit an act of abuse against a protected person;\n\t(j)\trequire the defendant to return specified personal property to a protected person;\n\t(k)\trequire the defendant to allow a protected person to recover or have access to or make use of specified personal property and to allow the person to be accompanied by a police officer or other specified person while doing so;\n\t(l)\timpose any other requirement on the defendant to take, or to refrain from taking, specified action.\n\t(2)\tAn intervention order may specify—\n\t(a)\tconditions under which a prohibition imposed by the order does not apply; and\n\t(b)\tconditions that must be complied with in relation to a requirement imposed by the order.\n\t(3)\tIf an intervention order is designed to prevent a form of abuse involving the use or threatened use of particular weapons or articles, the terms of the order should, as far as is practicable, include surrender of the weapons or articles or other measures designed to minimise the risk of the defendant using or threatening to use the weapons or articles to commit an act of abuse against the protected person.\n\t(4)\tIf an interim intervention order requires the surrender of specified weapons or articles, the order must provide for their safe keeping until the determination of proceedings under section 23, but otherwise an intervention order may specify how surrendered weapons or articles are to be dealt with or disposed of.\n\t(5)\tAn intervention order may be issued against the defendant in relation to premises or property despite the fact that the defendant has a legal or equitable interest in the premises or property.\n\t(6)\tIf an intervention order prohibits the defendant from being on, or within the vicinity of, premises at which a protected person resides—\n\t(a)\tthe protected person may, despite any other Act or law, change any external door or window lock of the premises (and, if the premises are rented and a lock is so changed, the protected person must give a key to the lock to the landlord, except if the defendant is the landlord); and\n\t(b)\tif the defendant is a party to a tenancy agreement for the premises—the defendant may not, despite any other Act or law, take any action to terminate the tenancy agreement before the determination of the proceedings under section 23.\n13—Terms of intervention order—intervention programs\n\t(1)\tAn intervention order may require the defendant to undergo an assessment by the intervention program manager to determine—\n\t(a)\ta form of intervention program that is appropriate for the defendant; and\n\t(b)\tthe defendant's eligibility for the services included on the program.\n\t(2)\tAn intervention order issued by the Court may require the defendant to undertake an intervention program if the intervention program manager has advised the Court that—\n\t(a)\tthe defendant is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and\n\t(b)\tthose services are available for the defendant at a suitable time and place.\n\t(3)\tIf an intervention order contains a requirement under this section, the defendant must comply with requirements regulating his or her participation in the assessment or intervention program notified from time to time by the defendant's case manager.\n\t(4)\tThe Court must endeavour to ensure that the defendant understands that—\n\t(a)\tfailure to comply with a requirement referred to in subsection (3) constitutes a contravention of the term of the intervention order imposed under this section; and\n\t(b)\tthe Court may, if the person is found guilty of any such contravention, order the defendant to make a payment of not more than the prescribed amount toward the cost of any intervention program the defendant may be required to undertake in accordance with the intervention order,\n(but failure to comply with this subsection will not make an order under this section invalid).\n14—Terms of intervention order—firearms\n\t(1)\tSubject to this section, an intervention order must include the following terms (the firearms terms):\n\t(a)\tany firearm, ammunition or part of a firearm in the possession of the defendant and any licence or permit held by the defendant authorising possession of a firearm must be surrendered to the Registrar of Firearms;\n\t(b)\twhile an intervention order remains in force against the defendant—\n\t(i)\tany licence or permit held by the defendant authorising possession of a firearm is suspended; and\n\t(ii)\tthe defendant is disqualified from holding or obtaining a licence or permit authorising possession of a firearm; and\n\t(iii)\tthe defendant is prohibited from possessing a firearm, ammunition or part of a firearm in the course of his or her employment.\n\t(2)\tThe Court need not include the firearms terms in a final intervention order if satisfied that the defendant has never been guilty of violent or intimidatory conduct and needs to have a firearm for purposes related to earning a livelihood.\n15—Terms of intervention order—date after which defendant may apply for variation or revocation\n\t(1)\tThe Court may, when issuing or varying a final intervention order, include a term fixing a date after which the defendant may apply for variation (or further variation) or revocation of the order.\n\t(2)\tThe date must fall at least 12 months after the date of issue or variation of the order.\n\t(3)\tIf the Court does not include in a final intervention order a term under subsection (1), the order will be taken to include a term fixing the date falling 12 months after the date of issue or variation of the order as the date after which the defendant may apply for variation (or further variation) or revocation of the order.\n15A—Declaration that intervention order addresses domestic violence concern\n\t(1)\tWhenever an issuing authority issues an intervention order, the issuing authority must decide whether the order addresses a domestic violence concern.\n\t(2)\tIf the order does address a domestic violence concern, the issuing authority must declare the order to be an order that addresses a domestic violence concern.\n\t(3)\tThe declaration must be included in the order.\n\t(4)\tAn intervention order will be taken to address a domestic violence concern for the purposes of Part 3A if the order is made because the defendant has committed, or because it is feared the defendant will commit, an act of domestic abuse.\n16—Inconsistent Family Law Act or State child protection orders\n\t(1)\tAn intervention order is invalid to the extent of any inconsistency with a Family Law Act order of a kind referred to in section 68R of the Family Law Act 1975 of the Commonwealth (but the Court may resolve the inconsistency by exercising its power to revive, vary, discharge or suspend the Family Law Act order under that section).\n\t(2)\tAn intervention order prevails over a State child protection order (being an order under section 38 of the Children's Protection Act 1993 or a corresponding order made under section 53 of the Children and Young People (Safety) Act 2017) to the extent of any inconsistency (but the Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety) Act 2017).\n17—Explanation for defendant and protected persons\nAn issuing authority must endeavour to ensure that the defendant and protected persons understand—\n\t(a)\tthe terms and effect of an intervention order and any associated order, including, in the case of an interim intervention order, that the order acts as a summons; and\n\t(b)\tif relevant, the effect of section 16; and\n\t(c)\tthat a protected person cannot give permission for contravention of an order,\n(but failure to do so will not make an order invalid).\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Police orders","content":"Division 2—Police orders\n18—Interim intervention order issued by police\n\t(1)\tSubject to subsection (2), a police officer may issue an interim intervention order against a defendant if it appears to the police officer that there are grounds for issuing the order and the defendant is present before the police officer or in custody.\n\t(2)\tIf the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank.\n\t(3)\tAn interim intervention order issued by a police officer must—\n\t(a)\tbe in a form approved by the Commissioner of Police; and\n\t(b)\tidentify the defendant and the persons protected by the order; and\n\t(c)\tspecify the prohibitions and requirements imposed by the order; and\n\t(d)\trequire the defendant to appear before the Court at a specified time and place (within 8 days after the date of the order or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place).\n\t(4)\tAn interim intervention order issued by a police officer comes into force against the defendant when served on the defendant personally.\n\t(5)\tOn an interim intervention order issued by a police officer being served on the defendant, the police officer issuing the order will be taken to have made an application to the Court for an intervention order and the defendant will be taken to have been issued a summons to appear before the Court as specified in the order for the purposes of the hearing and determination of the application under section 23.\n\t(6)\tThe Commissioner of Police must—\n\t(a)\tgive a copy of an interim intervention order issued by a police officer to each person protected by the order; and\n\t(i)\tnotify the Principal Registrar in writing of the prescribed details of the order; or\n\t(ii)\tgive a copy of the order to the Principal Registrar.\n\t(7)\tA person against whom an interim intervention order is issued by a police officer must notify the Commissioner of Police in writing of an address for service.\n\t(7a)\tA person who is required under subsection (7) to notify the Commissioner of Police of an address for service—\n\t(a)\twho fails to provide the address within 7 days after being so requested; or\n\t(b)\twho provides an address that is false,\nis guilty of an offence.\nMaximum penalty: $750.\nExpiation fee: $105.\n\t(8)\tThe Commissioner of Police must notify the Principal Registrar of any address for service provided under subsection (7).\n\t(9)\tThe Principal Registrar must notify the relevant public sector agencies in writing of the prescribed details of interim intervention orders issued by police officers.\n19—Revocation of interim intervention order by Commissioner of Police\n\t(1)\tThe Commissioner of Police may revoke an interim intervention order issued by a police officer by written notice served on the defendant personally or by post at the address for service provided by the defendant under this Act.\n\t(2)\tThe Commissioner of Police must—\n\t(a)\tgive a copy of a notice of revocation of an interim intervention order issued by a police officer to each person protected by the order; and\n\t(b)\tnotify the Principal Registrar that the order has been revoked.\n\t(3)\tThe Principal Registrar must notify the relevant public sector agencies of the revocation of interim intervention orders by the Commissioner of Police.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Court orders","content":"Division 3—Court orders\n20—Application to Court for intervention order\n\t(1)\tThe following persons may make an application to the Court for an intervention order:\n\t(a)\ta police officer;\n\t(b)\ta person against whom it is alleged the defendant may commit an act of abuse or a suitable representative of such a person given permission to apply by the Court;\n\t(c)\ta child who it is alleged may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person;\n\t(d)\tif the defendant or a person proposed to be protected by the order is a child and there is a State child protection order in force in respect of the child—the Minister responsible for the administration of the Children and Young People (Safety) Act 2017.\n\t(2)\tIf the person entitled to apply is a child, the application may be made—\n\t(a)\tby the child with the permission of the Court, if the child has attained the age of 14 years; or\n\t(b)\ton behalf of the child by—\n\t(i)\ta parent or guardian of the child; or\n\t(ii)\ta person with whom the child normally or regularly resides; or\n\t(iii)\tsome other suitable representative of the child given permission to apply by the Court.\n\t(3)\tThe applicant must inform the Court of any relevant Family Law Act order, State child protection order or agreement or order for the division of property under the Family Law Act 1975 of the Commonwealth, or the Domestic Partners Property Act 1996 or a corresponding law of another jurisdiction, any pending application for such an order, and any other legal proceedings between a person proposed to be protected by the order and the defendant, of which the applicant is aware (but an intervention order is not invalid merely because the applicant fails to so inform the Court).\n\t(4)\tA single application relating to the same defendant may be made by any number of persons.\n21—Preliminary hearing and issue of interim intervention order\n\t(1)\tOn an application for an intervention order in circumstances in which an interim intervention order has not been issued by a police officer, the Court must hold a preliminary hearing as soon as practicable and without summoning the defendant to appear.\n\t(2)\tIf the application is made by telephone or other electronic means in accordance with rules of Court—\n\t(a)\tthe preliminary hearing may occur by oral questioning of the applicant and any other available witness or by other means contemplated by the rules; and\n\t(b)\tif the Court is not satisfied that it is an appropriate case for completing the preliminary hearing without requiring the personal attendance of the applicant, the Court may adjourn the hearing to a time and place fixed by the Court and inform the applicant of the time and place so fixed.\n\t(3)\tAt the preliminary hearing, the Court may—\n\t(a)\tissue an interim intervention order against a defendant if it appears to the Court that there are grounds for issuing the order; or \n\t(b)\tdismiss the application on the grounds that the application is frivolous, vexatious, without substance or has no reasonable prospect of success or on any other ground considered sufficient by the Court.\n\t(4)\tIf the applicant alleges non‑domestic abuse and is a person other than a police officer, the Court must, in determining whether to exercise the discretion to dismiss the application, take into account—\n\t(a)\twhether it might be appropriate and practicable for the parties to attempt to resolve the matter through mediation or by some other means; and\n\t(b)\twhether the application is in the nature of a cross application; and\n\t(c)\tany other matters that the Court considers relevant.\n\t(4a)\tIf the applicant is a police officer—\n\t(a)\tthe Court is not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tthe Court must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(5)\tThere is a presumption against exercising the discretion to dismiss the application if the applicant alleges an offence involving personal violence or an offence of stalking and harassment under section 19AA of the Criminal Law Consolidation Act 1935.\n\t(6)\tThe Court may issue an interim intervention order on the basis of evidence received in the form of an affidavit if the application is made by a police officer or a person introduced by a police officer but, in that case—\n\t(a)\tthe deponent must, if the defendant so requires, appear personally at the proceedings for the determination of the application to give oral evidence of the matters referred to in the affidavit; and\n\t(b)\tif the deponent does not appear personally to give evidence as so required—the Court may not rely on the evidence contained in the affidavit for the purpose of determining the application.\n\t(7)\tAn interim intervention order issued by the Court must—\n\t(a)\tidentify the defendant and the persons protected by the order; and\n\t(b)\tspecify the prohibitions and requirements imposed by the order; and\n\t(c)\trequire the defendant to appear before the Court at a specified time and place (within 8 days after the date of the order or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place).\n\t(8)\tAn interim intervention order issued by the Court comes into force against the defendant when served on the defendant in accordance with this section.\n\t(8a)\tFor the purposes of subsection (8), an interim intervention order is served on the defendant if—\n\t(9)\tOn an interim intervention order issued by the Court being served on the defendant, the defendant will be taken to have been issued a summons to appear before the Court as specified in the order for the purposes of proceedings to determine the application for a final intervention order under section 23.\n\t(10)\tThe Principal Registrar must—\n\t(a)\tgive a copy of an interim intervention order issued by the Court to—\n\t(i)\tnotify the Commissioner of Police in writing of the prescribed details of the order; or\n\t(ii)\tgive a copy of the order to the Commissioner of Police.\n\t(11)\tThe Principal Registrar must notify the relevant public sector agencies in writing of the prescribed details of interim intervention orders issued by the Court.\n\t(12)\tA person against whom an interim intervention order is issued by the Court must notify the Principal Registrar in writing of an address for service.\n\t(13)\tIf a hearing is adjourned under this section, the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.\n22—Adjournments\n\t(1)\tThe Court may, from time to time without requiring the attendance of any party, adjourn the hearing of an application for an intervention order at which a defendant is required by an interim intervention order to appear to a later date if satisfied that the interim intervention order has not been served or that there is other adequate reason for the adjournment.\n\t(2)\tThe date fixed for an adjourned hearing must be within 8 days after the date on which the adjournment is ordered, unless the Court is satisfied—\n\t(a)\tthat a later date is required to enable the interim intervention order to be served; or\n\t(b)\tthat there is other adequate reason for fixing a later date.\n\t(3)\tIf a hearing is adjourned under this section, the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.\n23—Determination of application for intervention order\n\t(1)\tSubject to this section, on the hearing of an application for a final intervention order, the Court may—\n\t(a)\tconfirm the interim intervention order issued against the defendant as a final intervention order; or\n\t(b)\tissue a final intervention order in substitution for an interim intervention order issued against the defendant; or\n\t(c)\tdismiss the application and revoke the interim intervention order issued against the defendant.\n\t(1a)\tIf the Court determines that it is appropriate to confirm an interim intervention order as a final intervention order or to issue a final intervention order in substitution for an interim intervention order under subsection (1) and the defendant, or a person protected by the order, is a child or the parent of a child, the Court—\n\t(a)\tmust make the following inquiries:\n\t(i)\twhether there is any relevant Family Law Act order or State child protection order;\n\t(ii)\thow the final intervention order would be likely to affect contact (in accordance with a relevant Family Law Act order or State child protection order or otherwise) between—\n\t(A)\tthe protected person or the defendant; and\n\t(B)\tany child of, or in the care of, either of those persons; and\n\t(b)\tmust take such steps as the Court considers necessary so as to avoid inconsistency between the order and any Family Law Act order or State child protection order of which the Court has knowledge (whether on its own inquiry or having been so informed).\n\t(2)\tAn interim intervention order issued against a defendant may be confirmed as a final intervention order, or a final intervention order may be issued in substitution for an interim intervention order issued against a defendant, in the absence of the defendant if the defendant failed to appear at the hearing of the application as required by the interim intervention order or by conditions of bail.\n\t(3)\tIf a defendant disputes some or all of the grounds on which a final intervention order is sought but consents to the order, the Court may confirm the interim intervention order issued against the defendant as a final intervention order, or issue a final intervention order in substitution for the interim intervention order issued against the defendant, without receiving any further submissions or evidence as to the grounds.\n\t(4)\tIf an interim intervention order is confirmed, the order continues in force against the defendant as a final intervention order without any further requirement for service.\n\t(5)\tA final intervention order that is issued in substitution for an interim intervention order comes into force against the defendant when served on the defendant in accordance with this section (and until the order is so served the interim intervention order continues in force against the defendant).\n\t(5a)\tFor the purposes of subsection (5), a final intervention order is served on the defendant if—\n\t(6)\tIf an interim intervention order is revoked, the Principal Registrar must serve written notice of the revocation on the defendant personally or by post at the address for service provided by the defendant under this Act or in some other manner authorised by the Court.\n\t(7)\tThe Principal Registrar must—\n\t(a)\tgive a copy of a final intervention order, or notice of revocation of an interim intervention order, to—\n\t(i)\tnotify the Commissioner of Police in writing—\n\t(A)\tof the prescribed details of a final intervention order; or\n\t(B)\tthat an interim intervention order (whether issued by a police officer or the Court) has been revoked; or\n\t(ii)\tgive a copy of the final intervention order, or notice of revocation of an interim intervention order, to the Commissioner of Police.\n\t(8)\tThe Principal Registrar must notify the relevant public sector agencies in writing of the prescribed details of final intervention orders issued by the Court and of the revocation of interim intervention orders by the Court.\n24—Problem gambling order\n\t(1)\tIf the Court confirms an interim intervention order as a final intervention order against a defendant or issues a final intervention order against a defendant in substitution for an interim intervention order, the Court may make an order (a problem gambling order) that the defendant is subject to a problem gambling family protection order under the Problem Gambling Family Protection Orders Act 2004 imposing specified requirements or orders of a kind that could be imposed by the Commissioner under that Act.\n\t(2)\tA problem gambling order must be served on the defendant in accordance with this section and is not binding on the defendant until so served.\n\t(2a)\tFor the purposes of subsection (2), a problem gambling order is served on the defendant if—\n\t(3)\tIf the problem gambling family protection order to which the defendant is subject includes an attachment order (within the meaning of the Problem Gambling Family Protection Orders Act 2004), the attachment order must be served on the third person specified in the order personally or in some other manner authorised by the Court and is not binding on the third person until so served.\n\t(4)\tA problem gambling order continues in force (subject to any variation of the order under this Act) until it is revoked.\n\t(5)\tIf the Court orders that the defendant is subject to a problem gambling family protection order, the Principal Registrar must—\n\t(a)\tgive a copy of the order to—\n\t(i)\teach person for whose benefit the order is made; and\n\t(ii)\tif the applicant for the order is not a police officer or a person protected by the order—the applicant; and\n\t(i)\tnotify a person listed below in writing of the prescribed details of the order:\n\t(A)\tthe Commissioner;\n\t(B)\tthe Commissioner of Police;\n\t(C)\tthe proprietor or licensee of any premises specified in the order; or\n\t(ii)\tgive a copy of the order to a person referred to in subparagraph (i).\n25—Tenancy order\n\t(1)\tIf—\n\t(a)\tthe Court confirms an interim intervention order as a final intervention order against a defendant or issues a final intervention order against a defendant in substitution for an interim intervention order; and\n\t(b)\tthe final intervention order prohibits the defendant from being on premises at which a protected person resides; and\n\t(c)\tthe defendant and protected person previously resided together on the premises; and\n\t(d)\tthe premises are subject to a tenancy agreement to which the defendant is a party,\nthe Court may make an order (a tenancy order) that the defendant will be taken to have assigned the defendant's interest in the tenancy agreement to a specified person or persons with the landlord's consent.\n\t(2)\tHowever, a tenancy order may only be made if the Court is satisfied that the assignee consents to the assignment and—\n\t(a)\tin a case where—\n\t(i)\tthe landlord is a community housing provider registered under the Community Housing Providers National Law; and\n\t(ii)\tthe premises constitute community housing within the meaning of that Law,\nthe assignee meets the eligibility requirements for such community housing and any membership or other requirements of the landlord associated with occupation of those premises; and\n\t(b)\tin a case where the landlord is the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust—the assignee meets the eligibility requirements of the Trust; and\n\t(c)\tin any case—the assignee could reasonably be expected to comply with the obligations under the tenancy agreement,\n(so that it would be unreasonable for the landlord to withhold consent to the assignment).\n\t(3)\tA tenancy order takes effect on the day on which it is made or on such later day as is specified in the order.\n\t(4)\tIf a tenancy order is made—\n\t(a)\tthe effect of the assignment is that the assignee is substituted for the assignor as tenant under the tenancy agreement (but the assignor remains responsible for liabilities that accrued before the date of the assignment); and\n\t(b)\tthe assignee is liable to indemnify the assignor for liabilities incurred by the assignor to the landlord because of a breach of the tenancy agreement by the assignee; and\n\t(c)\tan amount paid by the assignor and held by way of security for the performance of obligations under the tenancy agreement will (unless the parties agree to the contrary) continue to be held as security for the proper performance by the assignee of obligations under the tenancy agreement.\n\t(5)\tThe Registrar must give a copy of a tenancy order to—\n\t(a)\tthe protected person; and\n\t(b)\tthe defendant; and\n\t(c)\tthe landlord; and\n\t(d)\tif the assignee is not the protected person—the assignee; and\n\t(e)\tthe Registrar of the South Australian Civil and Administrative Tribunal.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Variation or revocation of orders","content":"Division 4—Variation or revocation of orders\n26—Intervention orders\n\t(1)\tThe Court may vary or revoke an intervention order on application by—\n\t(a)\ta police officer; or\n\t(b)\ta person protected by the order or a suitable representative of such a person given permission to apply by the Court; or\n\t(c)\tif the defendant or a person protected by the order is a child and there is a State child protection order (being an order under section 38 of the Children's Protection Act 1993 or a corresponding order made under section 53 of the Children and Young People (Safety) Act 2017) in force in respect of the child—the Minister responsible for the administration of that Act; or\n\t(d)\tthe defendant.\n\t(2)\tIf the person entitled to apply is a child, the application may be made—\n\t(a)\tby the child with the permission of the Court, if the child has attained the age of 14 years; or\n\t(b)\ton behalf of the child by—\n\t(i)\ta parent or guardian of the child; or\n\t(ii)\ta person with whom the child normally or regularly resides; or\n\t(iii)\tany other suitable representative of the child with the permission of the Court.\n\t(3)\tAn application for variation or revocation of a final intervention order may only be made by the defendant after the date fixed by the order.\n\t(4)\tOn an application for variation or revocation of a final intervention order by the defendant, the Court may, without receiving submissions or evidence from the protected person, dismiss the application—\n\t(a)\tif satisfied that the application is frivolous or vexatious; or\n\t(b)\tif not satisfied that there has been a substantial change in the relevant circumstances since the order was issued or last varied.\n\t(5)\tThe Court must, before varying or revoking an intervention order under this section—\n\t(a)\tallow the Commissioner of Police, the defendant and each person protected by the order a reasonable opportunity to be heard on the matter; and\n\t(b)\thave regard to the same matters that the Court is required to have regard to in considering whether or not to make an intervention order and in considering the terms of an intervention order.\n\t(6)\tThe Court may not vary a final intervention order by removing the firearms terms unless satisfied that the defendant has never been guilty of violent or intimidatory conduct and needs to have a firearm for purposes related to earning a livelihood.\n\t(7)\tIf an intervention order is varied, the order in its amended form must be served on the defendant in accordance with this section and until so served—\n\t(a)\tthe variation is not binding on the defendant; but\n\t(b)\tthe order as in force prior to the variation continues to be binding on the defendant.\n\t(7a)\tFor the purposes of subsection (7), an order in its amended form is served on the defendant if—\n\t(8)\tIf an intervention order is revoked, the Principal Registrar must serve written notice of the revocation on the defendant personally or by post at the address for service provided by the defendant under this Act or in some other manner authorised by the Court.\n\t(9)\tIf an intervention order is varied or revoked, the Principal Registrar must—\n\t(a)\tgive a copy of the order as varied by the Court, or notice of revocation of the order, to—\n\t(i)\tnotify the Commissioner of Police in writing of the prescribed details of the order as varied by the Court, or that the order has been revoked; or\n\t(ii)\tgive a copy of the order as varied by the Court, or notice of revocation of the order, to the Commissioner of Police.\n\t(10)\tThe Principal Registrar must notify the relevant public sector agencies in writing of—\n\t(a)\tthe prescribed details of intervention orders varied by the Court; or\n\t(b)\tthe revocation of intervention orders by the Court.\n26A—Interim variation where application made by police\n\t(1)\tIf—\n\t(a)\tan application for variation of a final intervention order is made by a police officer under section 26; and\n\t(b)\tthe applicant requests that the Court make an interim variation of the intervention order, pending final determination of the application,\nthe Court must hold a preliminary hearing as soon as practicable and without summoning the defendant to appear.\n\t(2)\tIf the application is made by telephone or other electronic means in accordance with rules of Court—\n\t(a)\tthe preliminary hearing may occur by oral questioning of the applicant and any other available witness or by other means contemplated by the rules; and\n\t(b)\tif the Court is not satisfied that it is an appropriate case for completing the preliminary hearing without requiring the personal attendance of the applicant, the Court may adjourn the hearing to a time and place fixed by the Court and inform the applicant of the time and place so fixed.\n\t(3)\tAt the preliminary hearing, the Court may—\n\t(a)\tissue an interim variation of the intervention order if it appears to the Court that there are grounds for issuing the variation; or \n\t(b)\tdetermine that the application should be dealt with under section 26 without the issuing of any interim variation order; or\n\t(c)\tdismiss the application (on any ground considered sufficient by the Court).\n\t(4)\tThe Court may issue an interim variation of the intervention order on the basis of evidence received in the form of an affidavit but, in that case—\n\t(a)\tthe deponent must, if the defendant so requires, appear personally to give oral evidence of the matters referred to in the affidavit at any hearing held for the purpose of finally determining the application for variation of the intervention order; and\n\t(b)\tif the deponent does not appear personally to give evidence as so required—the Court may not rely on the evidence contained in the affidavit for the purpose of finally determining the application.\n\t(5)\tAn interim variation of an intervention order issued by the Court must require the defendant to appear before the Court at a specified time and place (within 8 days after the date of the order or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place).\n\t(6)\tAn interim variation of an intervention order issued by the Court comes into force against the defendant when served on the defendant in accordance with this section.\n\t(7)\tFor the purposes of subsection (6), an interim variation of an intervention order is served on the defendant if—\n\t(8)\tOn an interim variation of an intervention order issued by the Court being served on the defendant, the defendant will be taken to have been issued a summons to appear before the Court as specified in the order for the purposes of proceedings to finally determine the application for variation of the final intervention order under section 26.\n\t(9)\tThe Principal Registrar must—\n\t(a)\tgive a copy of an interim variation of an intervention order issued by the Court to each person protected by the order; and\n\t(i)\tnotify the Commissioner of Police in writing of the prescribed details of the order; or\n\t(ii)\tgive a copy of the order to the Commissioner of Police.\n\t(10)\tThe Principal Registrar must notify the relevant public sector agencies in writing of the prescribed details of an interim variation of an intervention order issued by the Court.\n\t(11)\tIf a hearing is adjourned under this section, the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.\n27—Problem gambling orders\n\t(1)\tThe Court may vary or revoke a problem gambling order—\n\t(a)\ton revoking the intervention order with which it is associated; or\n\t(b)\ton application by a defendant subject to the intervention order with which it is associated or a person for whose benefit the problem gambling family protection order to which the defendant is subject under the order applies.\n\t(2)\tIf on revoking an intervention order the Court does not revoke an associated problem gambling order, the problem gambling family protection order to which the defendant is subject under the order continues in force under the Problem Gambling Family Protection Orders Act 2004 as if it had been issued under that Act and, consequently, is subject to variation or revocation by the Commissioner under that Act.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Evidentiary matters","content":"Division 5—Evidentiary matters\n28—Burden of proof\nIn proceedings under this Part, the Court is to decide questions of fact on the balance of probabilities.\n28A—Use of recorded evidence where application made by police\n\t(1)\tThis section applies in addition to, and does not derogate from, any other power of the Court to receive evidence or to determine the form in which evidence may be received (including evidence in the form of a recording).\n\t(2)\tIn any proceedings in which a police officer has applied for the making, or variation, of an intervention order—\n\t(a)\tthe evidence of a relevant person may be admitted in the form of a recording made by a police officer if the Court is satisfied that the interests of justice require the admission of the evidence; and\n\t(b)\tif evidence of a relevant person is admitted in the form of a recording pursuant to this section, the relevant person cannot be further examined, cross-examined or re-examined on the evidence so admitted without the permission of the Court.\n\t(3)\tWithout limiting section 42, the regulations may—\n\t(a)\tprescribe additional requirements in relation to recordings under this section; and\n\t(b)\trequire that additional material be provided to the Court with a recording in certain circumstances (such as a transcript or translation); and\n\t(c)\tprescribe requirements in relation to access to, or service of, recordings and other material; and\n\t(d)\tprescribe requirements in relation to custody of recordings; and\n\t(e)\timpose restrictions on copying or distribution of recordings.\n\t(4)\tIn this section—\nrecording means an audio record or an audio visual record;\nrelevant person—a person is a relevant person in proceedings on an application for the making, or variation, of an intervention order if the intervention order is to be, or has been, issued for the protection of the person.\n29—Special arrangements for evidence and cross‑examination\n\t(1)\tThe Court may order that special arrangements be made for taking the evidence of a person against whom it is alleged the defendant has committed or might commit an act of abuse or a child who it is alleged has been or might be exposed to the effects of an act of abuse committed by the defendant against a person.\n\t(2)\tWithout limiting the kind of order that may be made under this section, the Court may make 1 or more of the following orders:\n\t(a)\tan order that the evidence be given outside the Court and transmitted to the Court by means of closed circuit television;\n\t(b)\tan order that the evidence be taken outside the Court and that an audio visual record of the evidence be made and replayed in the Court;\n\t(c)\tan order that a screen, partition or one‑way glass be placed to obscure the view of a party to whom the evidence relates or some other person;\n\t(d)\tan order that the defendant be excluded from the place where the evidence is taken, or otherwise be prevented from directly seeing and hearing the witness while giving evidence;\n\t(e)\tan order that the witness be accompanied by a relative or friend for the purpose of providing emotional support;\n\t(f)\tthat extra allowance be made for breaks during, and time to be given for, the taking of evidence;\n\t(g)\tif the witness has a physical disability or cognitive impairment—that the evidence be taken in a particular way (to be specified by the Court) that will, in the Court's opinion, facilitate the taking of evidence from the witness or minimise the witness's embarrassment or distress (including, if the witness has complex communication needs, with such communication assistance as may be specified by the Court under section 14A of the Evidence Act 1929).\n\t(3)\tSpecial arrangements made under this section may relate to the evidence of the witness as a whole or to particular aspects of the evidence of the witness, such as cross‑examination and re‑examination.\n\t(4)\tCross‑examination of a person against whom it is alleged the defendant has committed or might commit an act of abuse or a child who it is alleged has been or might be exposed to the effects of an act of abuse committed by the defendant against a person is—\n\t(a)\tto be by counsel; or\n\t(b)\tif the defendant is not legally represented in the proceedings—to be undertaken—\n\t(i)\tby the defendant submitting to the Court, in the manner required by the Court, the questions the defendant proposes the witness be asked in cross‑examination and the Court (or the Court's nominee) asking the witness those of the questions submitted that are determined by the Court to be allowable in cross‑examination; or\n\t(ii)\tas otherwise directed by the Court.\n","sortOrder":8},{"sectionNumber":"Part 3A","sectionType":"part","heading":"National recognition of domestic violence orders","content":"Part 3A—National recognition of domestic violence orders\nDivision 1—Preliminary\n29A—Interpretation\nIn this Part, unless the contrary intention appears—\ncorresponding law means a law, or part of a law, of a State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part;\ndomestic violence order or DVO means a local DVO, an interstate DVO or a foreign intervention order;\nforeign intervention order does not include an order (whether registered or not under Part 4) that is declared by the regulations not to be a foreign intervention order for the purposes of this Part;\ngeneral violence order means—\n\t(a)\tan intervention order under this Act; or\n\t(b)\ta violence restraining order under the corresponding law of Western Australia, other than an order under that corresponding law declared by the regulations not to be a general violence order for the purposes of this paragraph;\ninterim DVO means a DVO that is of an interim or a provisional nature and includes—\n\t(a)\tan interim intervention order under this Act; and\n\t(b)\ta DVO made by a police officer under a corresponding law; and\n\t(c)\tan emergency order made under the corresponding law of the Australian Capital Territory; and\n\t(d)\ta temporary protection order made under the corresponding law of Queensland; and\n\t(e)\ta DVO declared by the regulations to be an interim DVO;\ninterstate DVO means an order, or order of a type, made under a corresponding law that is declared by the regulations to be an interstate DVO for the purposes of this Part;\ninterstate law enforcement agency means—\n\t(a)\ta police force of a participating jurisdiction; or\n\t(b)\tan agency of a participating jurisdiction responsible for enforcing DVOs in that jurisdiction;\nissuing authority includes a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction;\nissuing jurisdiction, in respect of a DVO, means the jurisdiction in which the DVO is made;\nlocal law enforcement agency means South Australia Police;\nlocal DVO—a reference to a local DVO is a reference to an intervention order (within the meaning of section 3(1)) that addresses a domestic violence concern;\nmake includes issue;\nnon‑local DVO means an interstate DVO or a foreign intervention order;\nparticipating jurisdiction means this jurisdiction or a jurisdiction in which a corresponding law is in force;\nproperly notified—see section 29J;\nprotected person means a person for whose protection or benefit a DVO is made;\nrecognised DVO—see section 29D;\nregistered foreign order—see section 29B;\nrevoke includes cancel.\n29B—Registered foreign orders\n\t(1)\tA registered foreign order means a foreign order that is—\n\t(a)\ta foreign intervention order registered under Part 4; or\n\t(b)\tan order declared by the regulations to be a registered foreign order for the purposes of this Part.\n\t(2)\tA registered foreign order is neither a local DVO nor an interstate DVO.\n\t(3)\tFor the purpose of this Part, a registered foreign order—\n\t(a)\twill be taken to be made in the jurisdiction in which it is registered as a registered foreign order; and\n\t(b)\twill be taken to be made when it becomes a registered foreign order in that jurisdiction; and\n\t(c)\twill be taken to have been varied or revoked if its registration as a registered foreign order is varied or revoked.\n\t(4)\tA power conferred by this Part to vary or revoke a registered foreign order is a power to vary or revoke registration of the order as a registered foreign order.\n29C—Domestic violence concern\n\t(1)\tA violence restraining order under the corresponding law of Western Australia will be taken to address a domestic violence concern for the purposes of this Part if the order is made because the defendant has committed, or because it is feared the defendant will commit, an act of family and domestic violence (within the meaning of that corresponding law).\n\t(2)\tA general violence order will be taken to be an order that addresses a domestic violence concern for the purposes of this Part if—\n\t(a)\tit is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or\n\t(b)\ta registrar of a court of the jurisdiction in which the order was made makes an order declaring the DVO to be a recognised DVO in that jurisdiction.\n\t(3)\tThe Governor may make regulations for the purposes of this section including so as to modify what may be taken to address a domestic violence concern in a participating jurisdiction.\nDivision 2—National recognition of DVOs\n","sortOrder":9},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"General principles","content":"Subdivision 1—General principles\n29D—Recognition of DVOs\n\t(1)\tIn this jurisdiction, each of the following DVOs is a recognised DVO:\n\t(a)\ta local DVO;\n\t(b)\tan interstate DVO made in another participating jurisdiction;\n\t(c)\ta foreign order that is a registered foreign order in any participating jurisdiction.\n\t(2)\tA DVO becomes a recognised DVO when it is made.\nA foreign order will be taken to be made when it is registered as a registered foreign order.\n\t(3)\tSubject to this Part, a DVO is a recognised DVO for the period for which it remains in force in the jurisdiction in which it is made.\n29E—Variations to DVOs\n\t(1)\tA variation to a recognised DVO that is done in this or another jurisdiction is a recognised variation in this jurisdiction in the circumstances provided for by this section.\n\t(2)\tA variation to a local DVO is a recognised variation in this jurisdiction if the variation is done—\n\t(a)\tin this jurisdiction by a court or any other person authorised to do so under this Act; or\n\t(b)\tin another participating jurisdiction by a court under a corresponding law.\n\t(3)\tA variation to an interstate DVO or foreign order is a recognised variation in this jurisdiction if the variation is done—\n\t(a)\tin the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or\n\t(b)\tin any participating jurisdiction by a court under this Part or a corresponding law.\nThe issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered.\n\t(4)\tA variation is recognised from the time that it is done.\n29F—Revocation of recognised DVO\n\t(1)\tA DVO ceases to be a recognised DVO if the DVO is revoked in this or another jurisdiction and that revocation is recognised in this jurisdiction.\n\t(2)\tA revocation of a local DVO is recognised in this jurisdiction if the revocation is done—\n\t(a)\tin this jurisdiction by the Court under this Act; or\n\t(b)\tin another participating jurisdiction by a court under a corresponding law.\n\t(3)\tA revocation of an interstate DVO or foreign order is recognised in this jurisdiction if the revocation is done—\n\t(a)\tin the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or\n\t(b)\tin any participating jurisdiction by a court under this Part or a corresponding law.\n\t(4)\tThe DVO ceases to be a recognised DVO from the time it is revoked.\n29G—Recognised DVO prevails over earlier comparable DVOs\n\t(1)\tA recognised DVO that is enforceable against a defendant in this jurisdiction (a new DVO) supersedes—\n\t(a)\tany comparable recognised DVO made earlier than the new DVO; and\n\t(b)\tany comparable local DVO made earlier than the new DVO (whether or not the local DVO is a recognised DVO).\n\t(2)\tThe earlier comparable DVO is superseded from the time the recognised DVO becomes enforceable against the defendant.\n\t(3)\tA recognised DVO that is superseded ceases to be a recognised DVO.\n\t(4)\tA local DVO that is superseded is revoked.\n\t(5)\tA DVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new DVO.\n\t(6)\tAccordingly, a DVO continues to be a recognised DVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new DVO.\n\t(7)\tA DVO made by a police officer does not supersede a comparable DVO made by a court (of any jurisdiction).\n\t(8)\tA DVO is comparable with another DVO if—\n\t(a)\tthe DVOs are made against the same defendant; and\n\t(b)\tthe DVOs are made for the protection of 1 or more of the same protected persons.\n29H—Making of new orders\n\t(1)\tNothing in this Part prevents a person from applying for, or an issuing authority from making, a local DVO even though there is a recognised DVO in force that applies to the same defendant.\n\t(2)\tHowever, a police officer is not to make a local DVO if the police officer is aware that there is already a recognised DVO that is enforceable against the defendant which—\n\t(a)\tapplies to the same defendant and protected person; and\n\t(b)\twas made by a court of any jurisdiction.\n","sortOrder":10},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Enforcement of recognised DVOs","content":"Subdivision 2—Enforcement of recognised DVOs\n29I—Recognised DVOs and variations are enforceable against defendant\n\t(1)\tA recognised DVO, or a recognised variation to a recognised DVO, is enforceable against the defendant in this jurisdiction.\n\t(2)\tA recognised DVO that is a local DVO becomes enforceable against the defendant in this jurisdiction when the defendant is properly notified of the making of the DVO under the law of this jurisdiction.\n\t(3)\tA recognised DVO that is a non‑local DVO (other than a foreign order) becomes enforceable against a defendant in this jurisdiction when the defendant is properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.\n\t(4)\tA recognised DVO that is a foreign order becomes enforceable against a defendant in this jurisdiction from the time it becomes a recognised DVO.\n\t(5)\tA recognised variation to a recognised DVO becomes enforceable against the defendant in this jurisdiction when the defendant is properly notified of the variation under the law of the jurisdiction in which the variation is done.\n29J—Properly notified—meaning\n\t(1)\tThe making of a local DVO is properly notified under this Act if—\n\t(a)\ta copy of the DVO is served on the defendant personally or in some other manner authorised by the Court; or\n\t(b)\tthe DVO is made by the Court and the defendant is present in the Court when the DVO is made.\n\t(2)\tThe making of an interstate DVO is properly notified under the law of the jurisdiction in which it is made in the circumstances provided for by the corresponding law of that jurisdiction.\n\t(3)\tA variation to a recognised DVO that is done in this jurisdiction is properly notified under this Act if—\n\t(a)\ta copy of the variation is served on the defendant personally or in some other manner authorised by the Court; or\n\t(b)\tthe variation is done by the Court and the defendant is present in the Court when the DVO is varied.\n\t(4)\tA variation to a recognised DVO that is done in another jurisdiction is properly notified under the law of that jurisdiction in the circumstances provided for by the corresponding law of that jurisdiction.\n29K—Contravention of enforceable recognised DVO\n\t(1)\tA non‑local DVO that is a recognised DVO and which is enforceable against a defendant in this jurisdiction may be enforced in this jurisdiction—\n\t(a)\tas if it were a local DVO; and\n\t(b)\tas if the defendant had been properly notified of the making of the DVO under this Act.\n\t(2)\tA recognised variation to a non‑local DVO that is a recognised DVO and which is enforceable in this jurisdiction may be enforced in this jurisdiction as if it were a variation to a local DVO.\n\t(3)\tA recognised variation to a recognised DVO made in another jurisdiction that is enforceable against the defendant in this jurisdiction may be enforced as if the defendant had been properly notified of the variation under this Act.\n\t(4)\tThis section does not affect any law of this jurisdiction that requires a territorial nexus to exist between this jurisdiction and an offence for a person to be guilty of an offence under the law of this jurisdiction.\n","sortOrder":11},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Enforcement of non‑local DVOs","content":"Subdivision 3—Enforcement of non‑local DVOs\n29L—Non‑local DVO to be treated as local DVO\n\t(1)\tA recognised DVO that is a non‑local DVO has the same effect in this jurisdiction as a local DVO.\n\t(2)\tA prohibition, restriction or condition imposed by a non‑local DVO has the same meaning as it would have in the jurisdiction in which the DVO was made, but may be enforced in this jurisdiction as if it were a prohibition, restriction or condition of a local DVO.\n29M—Licences, permits and other authorisations\n\t(1)\tA law of this jurisdiction (a relevant law) that restricts the grant of an authorisation, or that authorises or requires an authorisation to be suspended or revoked, if a person is or has been subject to a local DVO extends to a person who is or has been subject to any non‑local DVO that is a recognised DVO (as if the non‑local DVO were a local DVO).\n\t(2)\tFor the purposes of a relevant law—\n\t(a)\ta non‑local DVO that is a final DVO is to be treated in the same way as a local DVO that is a final DVO; and\n\t(b)\ta non‑local DVO that is an interim DVO is to be treated in the same way as a local DVO that is an interim DVO.\n\t(3)\tIn this section—\nauthorisation includes a licence or permit;\ngrant includes issue.\n29N—Recognition of disqualification to hold firearms licence\n\t(1)\tIf a non‑local DVO that is a recognised DVO disqualifies a person from holding a non‑local firearms licence, or type of non‑local firearms licence, the person is also disqualified from holding a local firearms licence of the same type.\n\t(2)\tThe Registrar of Firearms must revoke any local firearms licence held by a person, or refuse to issue a local firearms licence to a person, if the person is so disqualified from holding the firearms licence by a recognised DVO.\n\t(3)\tA recognised DVO disqualifies a person from holding a non‑local firearms licence, or type of non‑local firearms licence, if the DVO expressly—\n\t(a)\tdisqualifies the person from holding a non‑local firearms licence, or type of non‑local firearms licence; or\n\t(b)\trevokes or requires the person to surrender a non‑local firearms licence, or type of non‑local firearms licence, held by the person.\n\t(4)\tIn this section—\nlocal firearms licence means a licence, permit or other authorisation under the Firearms Act 1977 or the Firearms Act 2015;\nnon‑local firearms licence means a licence, permit or other authorisation to possess a firearm issued under the law of another jurisdiction or country.\n29O—Orders for costs\n\t(1)\tA non‑local DVO, to the extent that it requires the payment of money, cannot be enforced in this jurisdiction.\n\t(2)\tThe recognition of a DVO made in another jurisdiction does not confer power on a court or tribunal of this jurisdiction to award costs in respect of any proceedings relating to the DVO that occurred in another jurisdiction.\n\t(3)\tThis section does not prevent the Court awarding costs in respect of any proceedings in this jurisdiction relating to the variation or revocation of a recognised DVO.\nDivision 3—Variation and revocation of recognised non‑local DVOs\n29P—Power of Court to vary or revoke recognised non‑local DVOs\n\t(1)\tThe Court may vary or revoke a recognised DVO that is a non‑local DVO in accordance with this Division as if the DVO were a local DVO.\n\t(2)\tThe Court cannot vary or revoke a non‑local DVO if it is a kind of DVO that cannot be varied or revoked by a court in the jurisdiction in which the DVO was made.\n\t(3)\tA variation to or revocation of a recognised DVO that is done under this Division is not limited in its operation to this jurisdiction.\n\t(4)\tThis Division does not apply to the variation or revocation of a foreign order that is registered as a registered foreign order in this jurisdiction.\n\t(5)\tTo avoid doubt, if the Court varies a recognised DVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for the purposes of this Part, as the jurisdiction in which the DVO was made.\n29Q—Application for variation or revocation of recognised non‑local DVO\n\t(1)\tAn application for the variation or revocation of a recognised DVO that is a non‑local DVO may be made to the Court as if it were an application for variation or revocation of a local DVO by a person who would be able to make the application if the DVO were a local DVO.\n\t(2)\tAn application—\n\t(a)\tis to be made in accordance with any requirements that would apply if the DVO were a local DVO; and\n\t(b)\tmay be dealt with (subject to this Division) as if the DVO were a local DVO.\n29R—Decision about hearing of application\n\t(1)\tOn an application for variation or revocation of a non‑local DVO, the Court may decide to hear the application or decline to hear the application.\n\t(2)\tIn making that decision, the Court may consider the following matters (to the extent relevant):\n\t(a)\tthe jurisdiction in which the defendant and the protected person or persons under the DVO generally reside or are employed;\n\t(b)\tany difficulty the respondent to the proceedings may have in attending the proceedings;\n\t(c)\twhether there is sufficient information available to the Court in relation to the DVO and the basis on which it was made;\n\t(d)\twhether any proceedings are being taken in respect of an alleged contravention of the DVO and the jurisdiction in which those proceedings are being taken;\n\t(e)\tthe practicality of the applicant (if not the defendant under the DVO) applying for and obtaining a local DVO against the defendant with similar prohibitions or restrictions;\n\t(f)\tthe impact of the application on children;\n\t(g)\tany other matter the Court considers relevant.\n\t(3)\tWithout limiting the Court’s power to decline to hear an application, the Court may decline to hear the application if the Court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order.\n\t(4)\tFor the purpose of exercising its functions under this Division, the Court may have regard to any information that the Court considers relevant about the making or variation of a DVO that is provided by an issuing authority of any other jurisdiction.\nDivision 4 enables the Court to obtain information about DVOs from other jurisdictions.\n\t(5)\tThe Court must refuse to hear an application for variation or revocation made by the defendant during any period in which, under the law of the issuing jurisdiction for the DVO, the defendant is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction.\n\t(6)\tIn this section, the respondent to an application for variation or revocation of a DVO means—\n\t(a)\tin the case of an application made by the defendant under the recognised DVO—the protected person or persons under the recognised DVO; and\n\t(b)\tin any other case—the defendant under the recognised DVO.\nDivision 4—Exchange of information\n29S—Issuing authorities may obtain DVO information\nAn issuing authority of this jurisdiction may obtain information about a DVO from an issuing authority of another jurisdiction, or from a local or interstate law enforcement agency, and use that information for the purpose of exercising its functions under this Part.\n29T—Issuing authorities must provide DVO information\n\t(1)\tAn issuing authority of this jurisdiction that makes, varies or revokes a DVO must provide to a court of another participating jurisdiction any information about the DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law.\n\t(2)\tAn issuing authority of this jurisdiction that makes, varies or revokes a DVO must provide to a local or interstate law enforcement agency any information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.\n29U—Law enforcement agencies may obtain DVO information\nA local law enforcement agency may obtain information about a DVO from an issuing authority of this or another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its law enforcement functions.\n29V—Information to be provided to law enforcement agencies\nA local law enforcement agency must provide to an interstate law enforcement agency any information it holds about a DVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.\nDivision 5—Miscellaneous\n29W—Certificate evidence—notification\n\t(1)\tAn authorised officer of this jurisdiction may issue a certificate in writing certifying any of the following matters:\n\t(a)\tthat the making of a local DVO has been properly notified under this Act;\n\t(b)\tthat a variation to a DVO that was done in this jurisdiction has been properly notified under this Act.\n\t(2)\tThe certificate is admissible in evidence in any proceedings and is evidence of the matters certified.\n\t(3)\tA certificate in writing purporting to be signed by an authorised officer of another jurisdiction and certifying any of the following matters is admissible in evidence in any proceedings and is evidence of the matters certified:\n\t(a)\tthat the making of a DVO in that jurisdiction has been properly notified under the law of that jurisdiction;\n\t(b)\tthat a variation to a DVO that was done in that jurisdiction has been properly notified under the law of that jurisdiction.\n\t(4)\tIn any document, the words “authorised officer” after a signature are evidence that the person whose signature it purports to be is in fact an authorised officer.\n\t(5)\tIn this section—\nauthorised officer of another jurisdiction means a person (whether or not designated as an authorised officer) who is authorised under the law of another jurisdiction to issue a certificate certifying that the making or variation of a DVO has been properly notified under the law of that jurisdiction;\nauthorised officer of this jurisdiction means—\n\t(a)\ta registrar of the Court; or\n\t(b)\ta police officer of or above the rank of sergeant.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Transitional provisions","content":"Division 6—Transitional provisions\nSubdivision 1—Preliminary\n29X—Interpretation\nIn this Division—\ncommencement date means the date on which this Part commences.\n29Y—Enforcement of DVOs under other provisions\n\t(1)\tSubject to subsection (3), this Part does not affect the enforceability in this jurisdiction, otherwise than under this Part, of any local DVO made before the commencement date.\n\t(2)\tSubject to subsection (3), this Part does not affect the enforceability in this jurisdiction, otherwise than under this Part, of any interstate DVO or foreign order registered in this jurisdiction, before the commencement date, under Part 4.\n\t(3)\tHowever, a DVO made in this jurisdiction before the commencement date can be superseded under section 29G, on or after the commencement date, by a recognised DVO that is made later.\nSubdivision 2—DVOs to which scheme applies\n29Z—DVOs made in this jurisdiction\nDivision 2 applies to any local DVO or foreign DVO that is made in this jurisdiction on or after the commencement date.\n29ZA—DVOs made in other jurisdictions\n\t(1)\tDivision 2 applies to any DVOs made in another participating jurisdiction that are recognised DVOs in that jurisdiction under the corresponding law for that jurisdiction.\n\t(2)\tTo avoid doubt, section 29D extends to the following DVOs:\n\t(a)\tany interstate DVO that was made in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction;\n\t(b)\tany foreign order that became a registered foreign order in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction.\n\t(3)\tSections 29E and 29F extend to any variation or revocation of a DVO referred to in subsection (2), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO.\n\t(4)\tHowever, a non‑local DVO, and any variation to a non‑local DVO, does not become enforceable against the defendant in this jurisdiction, under this Part, until the commencement date (even if the making of the DVO, or variation, was properly notified before that date).\nSubdivision 3—Extension of scheme to older DVOs\n29ZB—DVOs declared to be recognised DVOs\n\t(1)\tEach of the following DVOs is also taken to be a recognised DVO:\n\t(a)\ta DVO that is declared by the Court to be a recognised DVO in this jurisdiction under Subdivision 4;\n\t(b)\ta DVO that is declared by a registrar of a court of another participating jurisdiction to be a recognised DVO in that jurisdiction under a corresponding law.\n\t(2)\tA recognised DVO referred to in subsection (1) becomes enforceable against the defendant in this jurisdiction, under this Part, when the declaration is made (despite section 29H).\n29ZC—DVOs declared to be recognised in other jurisdictions before commencement date\n\t(1)\tTo avoid doubt, section 29ZB extends to a DVO declared by a registrar of a court of another participating jurisdiction to be a recognised DVO before the commencement date.\n\t(2)\tSections 29E and 29F extend to any variation or revocation of a DVO referred to in subsection (1), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO.\n\t(3)\tHowever, the DVO, and any variation to the DVO, does not become enforceable against the defendant in this jurisdiction, under this Part, until the commencement date.\nSubdivision 4—Power to declare DVO to be recognised\n29ZCA—Interpretation\nIn this Subdivision—\nCourt means—\n\t(a)\tthe Magistrates Court of South Australia; or\n\t(b)\tthe Youth Court of South Australia.\n29ZD—Power to declare DVO to be recognised\n\t(1)\tThe Court may, by order, declare any DVO made in any jurisdiction to be a recognised DVO in this jurisdiction.\n\t(2)\tA declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in this jurisdiction.\n\t(3)\tThe jurisdiction in which the DVO was made does not have to be a participating jurisdiction.\n\t(4)\tThe Court must make a declaration under this section if an application for the declaration is made in accordance with this Subdivision, unless the Court decides to refuse to make the declaration in the interests of justice.\n\t(5)\tWithout limiting subsection (4), the Court may refuse to make the declaration if not satisfied that the defendant has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.\nUnder section 29ZB, the DVO becomes enforceable against the defendant when the declaration is made. Notice of the declaration is not to be served on the defendant unless the person making the application consents to service.\n\t(6)\tHowever, the Court cannot declare a general violence order to be a recognised DVO in this jurisdiction unless the order was made in this jurisdiction.\n\t(7)\tNotice of a declaration is not to be served on the defendant unless the person who makes the application consents to service.\nUnder section 29B, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.\n29ZE—Application for order\n\t(1)\tAn application for a declaration that a DVO is a recognised DVO in this jurisdiction may be made by any person who would be able to make an application for variation of the DVO if the DVO were a recognised DVO.\n\t(2)\tThe application must be made in accordance with the rules of the Court.\nIt is only necessary to make an application in 1 participating jurisdiction. Under section 29ZB, once a declaration is made in any participating jurisdiction, the DVO will be treated as a recognised DVO in all participating jurisdictions.\n29ZF—Declarations relating to general violence orders\n\t(1)\tAn application for a declaration that a general violence order is a recognised DVO may be made as if the order were a DVO.\n\t(2)\tBefore making the declaration, the Court must decide whether the order addresses a domestic violence concern (and, accordingly, is a DVO).\n\t(3)\tThe Court is not to make the declaration unless the Court decides that the order addresses a domestic violence concern.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Foreign intervention orders","content":"Part 4—Foreign intervention orders\n30—Registration of foreign intervention orders\n\t(1)\tThe Principal Registrar may, subject to the rules of the Court, register a foreign intervention order in the Court.\n\t(2)\tIf it is proposed that a foreign intervention order be registered in the Court, the Court may, after allowing each person protected by the order a reasonable opportunity to be heard on the matter, require the Principal Registrar to serve the order on the defendant.\n\t(3)\tIf a foreign intervention order is registered under this section, the order will be taken for all purposes to be a final intervention order issued under this Act.\n\t(4)\tA registered foreign intervention order required by the Court to be served on the defendant only comes into force against the defendant in this State when it is served on the defendant personally or in some other manner authorised by the Court.\n\t(5)\tA registered foreign intervention order not required by the Court to be served on the defendant comes into force against the defendant in this State on registration.\n\t(6)\tIf a foreign intervention order is registered under this section, the Principal Registrar must notify the following persons in writing of the registration and the prescribed details of the registered order:\n\t(a)\tthe Commissioner of Police;\n\t(b)\teach person protected by the order;\n\t(c)\teach of the relevant public sector agencies.\n","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Offences and enforcement","content":"Part 5—Offences and enforcement\nDivision 1—Offences\n31—Contravention of intervention order\n\t(1)\tA person who contravenes a term of an intervention order imposed under section 13 is guilty of an offence.\nMaximum penalty: $2 000 or imprisonment for 2 years.\nExpiation fee: $315.\n\t(2)\tA person who contravenes any other term of an intervention order is guilty of an offence.\n\t(a)\tin the case of a basic offence—imprisonment for 3 years;\n\t(b)\tin the case of an aggravated offence—imprisonment for 5 years.\n\t(2aa)\tDespite any other provision of this section, if a person contravenes a term of an intervention order (other than a term of an intervention order imposed under section 13) and either—\n\t(a)\tthe contravention constitutes a second or subsequent such contravention; or\n\t(b)\tthe act or omission alleged to constitute the contravention involved physical violence or a threat of physical violence,\nthe person is guilty of an offence against this subsection.\n\t(a)\tin the case of a basic offence—imprisonment for 7 years;\n\t(b)\tin the case of an aggravated offence—imprisonment for 10 years.\n\t(2ab)\tIn determining whether a contravention of an intervention order is a second or subsequent such contravention for the purposes of subsection (2aa), any deemed subsection (1) offence or any previous offence against subsection (2) or (2aa) (whether committed before or after the commencement of this subsection) of which the defendant has been found guilty will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.\n\t(2ac)\tIn proceedings for an offence against subsection (2aa) where it is alleged that a deemed subsection (1) offence should be taken into account in accordance with subsection (2ab), any agreed or undisputed facts received in the sentencing court in sentencing proceedings for the deemed subsection (1) offence are, unless excluded in the discretion of the court dealing with the proceedings for the offence against subsection (2aa), admissible as evidence of the conduct in fact engaged in on the occasion alleged for the purposes of the proceedings.\n\t(2a)\tIf a person is found guilty of an offence under subsection (1), (2) or (2aa) where the act or omission alleged to constitute the offence involved physical violence or a threat of physical violence, the Court may, in addition to imposing a penalty for the offence—\n\t(a)\torder the convicted person to make a payment of not more than the prescribed amount toward the cost of any intervention program the person is required to undertake in accordance with the intervention order; and\n\t(b)\tmake any other order that the Court thinks fit.\n\t(3)\tA person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against this section if—\n\t(a)\tthe person is a person protected by the intervention order that has been contravened; and\n\t(b)\tthe conduct constituting contravention of the intervention order did not constitute contravention of the order in respect of another person protected by the order or of any other intervention order (of which the person was or ought reasonably to have been aware) in force against the defendant and protecting another person.\n\t(4)\tSection 11(7) of the Sentencing Act 2017 does not apply in relation to an offence against subsection (1).\n\t(5)\tFor the purposes of this section, an aggravated offence is an offence committed in circumstances where the offender knew or suspected, or ought reasonably to have known or suspected, that there was a reasonable likelihood that a child would see, hear or otherwise be exposed to the conduct constituting the offence or to any effects of that conduct.\n\t(6)\tIf a person is charged with an aggravated offence under this section, the circumstances alleged to aggravate the offence must be stated in the instrument of charge.\n\t(7)\tAn offence against this section must be prosecuted, and dealt with by the Magistrates Court, as a summary offence but if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 5 years, the Court must commit the person to the District Court for sentence.\n\t(8)\tIn this section—\nbasic offence—where a subsection differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non‑aggravated form;\ndeemed subsection (1) offence means an offence charged against subsection (1) of which a person was found guilty before the commencement of this definition even though the person did not contravene a term of an intervention order imposed under section 13 but instead contravened another term of an intervention order.\n31A—Special provisions applying to review or appeal in relation to certain offences against section 31\n\t(1)\tDespite any other Act or law but subject to this section, if applicable review proceedings are instituted in a court (whether before or after the commencement of this section) in relation to a person's conviction or sentence for an offence charged against section 31(1)—\n\t(a)\tthe applicable review proceedings are (to the extent necessary) transferred to the Supreme Court constituted of a single Judge (the review court) and jurisdiction is vested by force of this paragraph in the review court to hear and determine the applicable review proceedings; and\n\t(b)\tthe person may be prosecuted for an offence against section 31(2) (the section 31(2) proceedings) in respect of the conduct to which the conviction for the offence charged against section 31(1) relates and jurisdiction is vested by force of this paragraph in the review court—\n\t(i)\tto hear and determine the section 31(2) proceedings; and\n\t(ii)\tif relevant, to sentence the person for the offence against section 31(2); and\n\t(c)\tthe time within which the section 31(2) proceedings may be commenced is extended by force of this paragraph to—\n\t(i)\tif the applicable review proceedings are instituted before the commencement of this section—the day that is 2 years after the commencement of this section; or\n\t(ii)\tif the applicable review proceedings are instituted after the commencement of this section—the day that is 2 years after the date on which the applicable review proceedings are instituted,\nbut the information charging the person with the offence against section 31(2) must be laid (in accordance with the rules and procedures applicable to the laying of the information in a court of summary jurisdiction) as soon as reasonably practicable after the applicable review proceedings are instituted; and\n\t(d)\ta party to the applicable review proceedings may request that the proceedings be adjourned for a period considered reasonable by the court for the purposes of preparing for the section 31(2) proceedings; and\n\t(e)\tif, in review proceedings, the review court sets aside a conviction for an offence charged against section 31(1), the review court must refrain from making, or stay, any order setting aside the sentence imposed on the person in respect of the offence charged against section 31(1) (the former sentence) pending determination of any section 31(2) proceedings that have been instituted; and\n\t(f)\tany agreed or undisputed facts received in the sentencing court in sentencing proceedings for the offence charged against section 31(1) are, unless excluded in the court’s discretion, admissible as evidence of the conduct in fact engaged in on the occasion alleged, for the purposes of the section 31(2) proceedings; and\n\t(g)\tthe court must, in sentencing the person for an offence against section 31(2), take into account the former sentence and, if it is in the interests of justice to do so, may determine that the former sentence (whether already served or being served) is taken to be the sentence in satisfaction of the offence against section 31(2) (together with any other offences if the former sentence consisted of 1 penalty that was imposed in respect of multiple offences) or, if the court does not propose to make such a determination, sentence the person in accordance with the following requirements, subject to any modifications or additional requirements prescribed by the regulations:\n\t(i)\tif the former sentence required the person to pay 1 or more pecuniary sums and the sentence for the offence against section 31(2) also requires the person to pay 1 or more pecuniary sums, the following provisions apply:\n\t(A)\tif the former sentence—\n\t•\twas wholly imposed in respect of the offence charged against section 31(1)—the amount of the pecuniary sums paid by the person in accordance with the former sentence must be deducted from the pecuniary sums imposed in respect of the section 31(2) proceedings; or\n\t•\tconsisted of 1 penalty that was imposed in respect of multiple offences, 1 of which was the offence charged against section 31(1)—the review court may declare the amount attributable to the offence charged against section 31(1) and such of that amount as has been paid by the person must be deducted from the pecuniary sums imposed in respect of the section 31(2) proceedings;\n\t(B)\tthe amount resulting after a deduction has occurred under subsubparagraph (A) will be taken to be the pecuniary sum owed by the person for the purposes of the Fines Enforcement and Debt Recovery Act 2017;\n\t(C)\tany liability of the Crown, or any other person paid a pecuniary sum in accordance with the former sentence, to repay the pecuniary sum is extinguished;\n\t(ii)\tif the former sentence subjected the person to a type of non‑pecuniary penalty and the sentence for the offence against section 31(2) subjects the person to the same type of non‑pecuniary penalty—\n\t(A)\tif the former sentence was wholly imposed in respect of the offence charged against section 31(1)—the period of the non‑pecuniary penalty under the former sentence must be deducted from the period imposed in respect of the section 31(2) proceedings; or\n\t(B)\tif the former sentence consisted of 1 penalty that was imposed in respect of multiple offences, 1 of which was the offence charged against section 31(1)—the review court may declare the period of the non-pecuniary penalty attributable to the offence charged against section 31(1) and that period must be deducted from the period imposed in respect of the section 31(2) proceedings.\n\t(2)\tThe review court may remit section 31(2) proceedings to a court of summary jurisdiction for trial if satisfied that it is appropriate in the circumstances of the case and in such a case—\n\t(a)\tsubject to paragraph (b), the trial must be conducted in accordance with the rules and procedures applicable to the trial of such a matter in the court of summary jurisdiction; and\n\t(b)\tsubsection (1)(c), (d), (f) and (g) apply to the proceedings in the court of summary jurisdiction as if they were proceedings in the review court.\n\t(3)\tFor the avoidance of doubt, a person who institutes applicable review proceedings must seek any extension of time required in accordance with the rules and procedures applicable to the review proceedings.\n\t(4)\tIf applicable review proceedings instituted by a person convicted of an offence charged against section 31(1) are dismissed, any section 31(2) proceedings relating to the offence charged against section 31(1) before the review court will be taken to be dismissed without costs.\n\t(5)\tNo liability attaches to the Crown in respect of an act or omission relating to—\n\t(a)\tany proceedings against a person for an offence charged against section 31(1) where the person did not contravene a term of an intervention order imposed under section 13; or\n\t(b)\tthe imposition and enforcement of any sentence for such an offence.\n\t(6)\tIn this section—\napplicable review proceedings means—\n\t(a)\tan appeal against a judgement given or order made in proceedings for an offence charged against section 31(1) if a ground of the appeal is that the person did not contravene a term of an intervention order imposed under section 13; or\nSuch an appeal may be brought by any party to the proceedings for the offence charged against section 31(1)\n\t(b)\tproceedings for judicial review relating to an offence charged against section 31(1) if an order sought in the proceedings is on the basis that the person did not contravene a term of an intervention order imposed under section 13;\nconviction for an offence charged against section 31(1) includes the following:\n\t(a)\ta formal finding of guilt by a court;\n\t(b)\ta finding by a court that the offence has been proved;\nnon-pecuniary penalty means—\n\t(a)\ta period of—\n\t(i)\timprisonment or detention or suspended imprisonment or detention; or\n\t(ii)\tbeing subject to a bond or obligation; or\n\t(iii)\thome detention; or\n\t(iv)\tbeing subject to an intensive correction order; or\n\t(v)\tcommunity service; or\n\t(b)\ta caution under the Young Offenders Act 1993, other than an informal caution; or\n\t(c)\tan undertaking made in connection with a family conference under the Young Offenders Act 1993;\npecuniary sum means an amount payable pursuant to an order or direction of a court in proceedings relating to an offence, and includes—\n\t(a)\ta fine; and\n\t(b)\tcompensation; and\n\t(c)\tcosts; and\n\t(d)\ta sum payable pursuant to a bond or to a guarantee ancillary to a bond; and\n\t(e)\ta levy imposed under the Victims of Crime Act 2001.\n32—Landlord not to allow access to excluded defendant\nIf—\n\t(a)\tan intervention order prohibits the defendant from being on rented premises at which a protected person resides; and\n\t(b)\tthe landlord of the premises has been notified of the prohibition,\nthe landlord is guilty of an offence if he or she provides the defendant with a key to the premises or otherwise assists or permits the defendant to gain access to the premises.\nMaximum penalty: $10 000.\n33—Publication of report about proceedings or orders\nA person must not publish by radio, television, newspaper or in any other way a report about proceedings under this Act, or an order issued or registered under this Act, if the report identifies, or contains information tending to identify—\n\t(a)\tany person involved in the proceedings (including a witness but not including a person involved in an official capacity or the defendant); or\n\t(b)\tany person protected by the order; or\n\t(c)\ta child of a person protected by the order or of the defendant,\nwithout the consent of that person.\n\t(a)\tin the case of a natural person—$10 000;\n\t(b)\tin the case of a body corporate—$120 000.\nDivision 2—Special police powers\n34—Powers facilitating service of intervention order\n\t(1)\tIf a police officer proposes to issue an interim intervention order against a person, the officer may—\n\t(a)\trequire the person to remain at a particular place for so long as may be necessary for the order to be prepared and served; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—\n\t(i)\tso long as may be necessary for the order to be prepared and served; or\n\t(2)\tIf a police officer proposes to apply to the Court for an intervention order against a person, the officer may—\n\t(a)\trequire the person to remain at a particular place for so long as may be necessary for the application to be determined and, if an interim intervention order is issued by the Court, for the order to be prepared and served; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—\n\t(i)\tso long as may be necessary for the application to be determined and, if an interim intervention order is issued, for the order to be prepared and served; or\n\t(3)\tIf a police officer has reason to believe that a person is subject to an intervention order that has not been served on the person, the officer may—\n\t(a)\trequire the person to—\n\t(i)\tremain at a particular place for so long as may be necessary for the order to be served; or\n\t(ii)\taccompany the officer to the nearest police station for the order to be served; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—\n\t(i)\tso long as may be necessary for the order to be served; or\n\t(3a)\tIf a person accompanies a police officer to a police station in accordance with a requirement under subsection (3)(a)(ii), a police officer must ensure that the person is returned to the place at which the request was made, or taken to a place that is near to that place, unless to do so would be against the person's wishes or there is other good reason for not so doing.\n\t(4)\tThe Court may, on application by a police officer, extend a period of detention under this section if satisfied that it is appropriate to do so in the circumstances, but not so that the aggregate period of detention of the person exceeds 8 hours.\n35—Powers following service of intervention order\n\t(1)\tIf a police officer believes on reasonable grounds that, in conjunction with serving an intervention order, it is necessary to arrest and detain the defendant in custody for a short period to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order, the police officer may arrest and detain the defendant in custody (without warrant) for—\n\t(a)\tso long as may be necessary to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order; or\n\t(b)\t6 hours or such longer period as is approved by the Court,\n\t(2)\tThe Court may, on application by a police officer, extend a period of detention under subsection (1) if satisfied that it is appropriate to do so in the circumstances, but not so that the aggregate period of detention of the person exceeds 24 hours.\n36—Power to arrest and detain for contravention of intervention order\n\t(1)\tIf a police officer has reason to suspect that a person has contravened an intervention order, the officer may, without warrant, arrest and detain the person.\n37—Power to search for weapons and articles required to be surrendered by intervention order\n\t(1)\tIf an intervention order requires the defendant to surrender specified weapons or articles, a police officer may—\n\t(a)\tsearch the defendant and anything in the defendant's possession for such a weapon or article; and\n\t(b)\tenter any premises or vehicle where such a weapon or article is reasonably suspected to be and search for such a weapon or article,\nand take possession of the weapon or article.\n\t(2)\tA police officer may use reasonable force in the exercise of powers under this section (including reasonable force to break into or open any part of, or anything in or on any premises or vehicle).\n\t(3)\tIn the exercise of powers under this section a police officer may be assisted by such persons as he or she considers necessary in the circumstances.\nDivision 3—Disclosure of information\n38—Disclosure to police of information relevant to locating defendant\nA public sector agency that is bound by the State's Information Privacy Principles, or a person providing services to a public sector agency under a contract that provides that the person is bound by the State's Information Privacy Principles, must, on request, make available to a police officer information under the control of the agency or person that could reasonably be expected to assist in locating a defendant on whom an intervention order is to be served.\n","sortOrder":15},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n39—Delegation by intervention program manager\n\t(1)\tAn intervention program manager may, by instrument in writing, delegate a power or function under this Act to—\n\t(a)\ta particular person; or\n\t(b)\tthe person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in a matter; and\n\t(c)\tis revocable at will.\n40—Dealing with items surrendered under intervention order\n\t(1)\tAny firearm, ammunition or part of a firearm surrendered to the Registrar of Firearms as required by the terms of an intervention order is to be dealt with under the Firearms Act 2015 as if it had been surrendered under that Act.\n\t(2)\tAny other weapons or articles surrendered as required by the terms of an intervention order must be dealt with or disposed of as directed by the Court.\n41—Evidentiary provision\nIn proceedings for an offence against this Act, a certificate apparently signed by a case manager certifying that a specified defendant has contravened requirements regulating participation in an intervention program or an assessment by the intervention program manager constitutes proof of the matters so certified in the absence of proof to the contrary.\n42—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe forms for the purposes of this Act; and\n\t(b)\tprescribe, or provide for the calculation of, costs, fees or charges for the purposes of this Act; and\n\t(c)\texempt any person or class of persons from the obligation to pay any costs, fees or charges so prescribed; and\n\t(d)\tprescribe penalties, not exceeding $5 000, for breach of, or non‑compliance with, a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Court or the Minister or another person.\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\n","sortOrder":17},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provisions","content":"Part 15—Transitional provisions\n37—Continuance of restraining orders\n\t(1)\tA domestic violence restraining order in force under the Domestic Violence Act 1994 immediately before the commencement of this clause continues in force as if it were an intervention order issued under this Act by the Court.\n\t(2)\tA restraining order in force under section 99 of the Summary Procedure Act 1921 immediately before the commencement of this clause continues in force as if it were an intervention order issued under this Act by the Court.\n\t(3)\tA reference in this clause to a domestic violence restraining order, or a restraining order, in force at a particular time includes a reference to such an order that has been issued but not served on a defendant at that time.\n\t(4)\tIf an intervention order continued in force under this clause includes a term under which the order expires and an application is made to vary or revoke the order, the Court must, if the order is to continue in force, vary the order so as to remove the term and make the order ongoing.\n\t(5)\tFor the avoidance of doubt, an intervention order continued in force under this clause that includes a term fixing a date for the expiry of the order will expire, or will be taken to have expired, on that date unless the Court has, before that date, varied the order under subclause (4) so as to remove the term and make the order ongoing.\n38—Continuance of registered foreign restraining orders\n\t(1)\tA foreign domestic violence restraining order registered under the Domestic Violence Act 1994 immediately before the commencement of this clause continues in force as if it were a foreign intervention order registered under this Act.\n\t(2)\tA foreign restraining order registered under the Summary Procedure Act 1921 immediately before the commencement of this clause and declared by the regulations to be an order to which this subclause applies continues in force as if it were a foreign intervention order registered under this Act.\n39—Validation of certain intervention orders in force before commencement of section 6 of Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015\nAn intervention order in force immediately before the commencement of section 6 of the Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015 that includes a term that purports to—\n\t(a)\tprohibit the person the subject of the order from being within the vicinity of premises at which a protected person resides or works; or\n\t(b)\tprohibit the defendant from being within the vicinity of specified premises frequented by a protected person,\nwill be taken to be valid and always to have been valid.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Intervention Orders (Prevention of Abuse) Act 2009 repealed the following:\nDomestic Violence Act 1994\nLegislation amended by principal Act\nThe Intervention Orders (Prevention of Abuse) Act 2009 amended the following:\nBail Act 1985\nCriminal Law Consolidation Act 1935\nCriminal Law (Sentencing) Act 1988\nCross-border Justice Act 2009\nDistrict Court Act 1991\nEvidence Act 1929\nFirearms Act 1977\nMagistrates Court Act 1991\nProblem Gambling Family Protection Orders Act 2004\nSummary Procedure Act 1921\nSupreme Court Act 1935\nYouth Court Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Intervention Orders (Prevention of Abuse) Act 2009\n10.12.2009\n9.12.2011 (Gazette 20.10.2011 p4269) except Sch 1 (cll 20(2), 22, 23 (insofar as it deletes s 99A of Summary Procedure Act 1921), 24, 27(1), 28—30 & 33)—uncommenced—will not be brought into operation\n Education and Early Childhood Services (Registration and Standards) Act 2011\n8.12.2011\nSch 3 (cl 20)—1.1.2012 (Gazette 15.12.2011 p4986)\n Statutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 9 (s 43)—17.6.2012 (Gazette 14.6.2012 p2756)\n Community Housing Providers (National Law) (South Australia) Act 2013\n21.11.2013\nSch 3 (cll 3 & 4)—1.4.2014 (Gazette 6.2.2014 p547)\n Statutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 9 (s 99)—29.3.2015 (Gazette 5.3.2015 p883)\n Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015\n9.7.2015\nPt 2 (ss 4—22)—1.12.2015 (Gazette 19.11.2015 p4975)\n Firearms Act 2015\n17.12.2015\nSch 1 (cll 15 & 16)—1.7.2017 (Gazette 27.6.2017 p2619)\n Statutes Amendment (Attorney-General's Portfolio) Act 2016\nPt 9 (ss 22—24)—16.6.2016: s 2(1)\n Intervention Orders (Prevention of Abuse) (Recognition of National Domestic Violence Orders) Amendment Act 2017\n15.3.2017\n25.11.2017 (Gazette 21.11.2017 p4653)\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 13 (s 22)—30.4.2018 (Gazette 6.2.2018 p612)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 15 (ss 116 to 121)—22.10.2018 (Gazette 19.12.2017 p5119)\n Disability Inclusion Act 2018\n14.6.2018\nSch 1 (cl 4)—1.7.2018 (Gazette 28.6.2018 p2618)\n Statutes Amendment and Repeal (Budget Measures) Act 2018\n22.11.2018\nPt 7 (ss 107 to 109)—1.12.2018 (Gazette 29.11.2018 p4058)\n Statutes Amendment (Domestic Violence) Act 2018\n6.12.2018\nPt 5 (ss 9, 10, 13 to 15)—31.1.2019 (Gazette 24.1.2019 p272); ss 11 & 12—1.9.2019 (Gazette 18.7.2019 p2744)\n Termination of Pregnancy Act 2021\n11.3.2021\nSch 1 (cl 5)—7.7.2022 (Gazette 23.6.2022 p1919)\n Statutes Amendment (Intervention Orders and Penalties) Act 2021\n30.9.2021\nPt 2 (s 4)—4.4.2022 (Gazette 27.1.2022 p115)\n Intervention Orders (Prevention of Abuse) (Section 31 Offences) Amendment Act 2024\n21.3.2024\n22.3.2024 (Gazette 21.3.2024 p475)\n Criminal Law Consolidation (Stalking and Harassment) Amendment Act 2025\n13.2.2025\nSch 1 (cl 3)—8.6.2025 (Gazette 15.5.2025 p1171)\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 27 to 30)—uncommenced\nCriminal Law Consolidation (Coercive Control) Amendment Act 2025\n11.9.2025\nSch 1 (cl 2)—uncommenced\nCarers Recognition (Miscellaneous) Amendment Act 2025\n4.12.2025\nSch 1 (cl 4)—1.7.2026 (Gazette 19.2.2026 p361)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nammunition\ninserted by 14/2015 s 4(1)\n\namended by 46/2015 Sch 1 cl 15(1)\nassociated order\namended by 14/2015 s 4(2)\nChildren's Protection Act order\ndeleted by 64/2017 s 116\ncognitive impairment\ninserted by 28/2016 s 22\nCommissioner\ninserted by 35/2018 s 107\ndomestic violence concern\ninserted by 8/2017 s 4\nfinal intervention order\ninserted by 14/2015 s 4(3)\nfirearm\ninserted by 14/2015 s 4(3)\n\namended by 46/2015 Sch 1 cl 15(2)\ninterim intervention order\ninserted by 14/2015 s 4(4)\nintervention order\nsubstituted by 14/2015 s 4(4)\nissuing authority\nsubstituted by 14/2015 s 4(5)\nregistered housing co-operative\ndeleted by 65/2013 Sch 3 cl 3\nrelevant public sector agency\namended by 46/2011 Sch 3 cl 20\n\namended by 14/2015 s 4(6)\n\namended by 1/2018 Sch 1 cl 4\n\n(e) omitted under Legislation Revision and Publication Act 2002\nState child protection order\ninserted by 64/2017 s 116\nPt 2\n\ns 5\namended by 14/2015 s 5\nPt 3\n\ns 8\n\ns 8(4)\namended by 38/2018 s 9\n\namended by 7/2021 Sch 1 cl 5\n7.7.2022\ns 9\namended by 12/2012 s 43\n17.6.2012\ns 10\n\ns 10(2)\namended by 64/2017 s 117(1), (2)\ns 12\n\ns 12(1)\namended by 14/2015 s 6(1), (2)\ns 12(6)\namended by 14/2015 s 6(3)\ns 13\n\ns 13(3)\namended by 14/2015 s 7(1)\ns 13(4)\ninserted by 14/2015 s 7(2)\ns 14\n\ns 14(1)\namended by 14/2015 s 8(1), (2)\ns 14(2)\namended by 14/2015 s 8(3)\ns 15\n\ns 15(1)\namended by 14/2015 s 9(1)\ns 15(3)\namended by 14/2015 s 9(2)\ns 15A\ninserted by 8/2017 s 5\ns 16\n\ns 16(2)\nsubstituted by 64/2017 s 118\ns 18\n\ns 18(6)\nsubstituted by 14/2015 s 10(1)\ns 18(7a)\ninserted by 14/2015 s 10(2)\ns 18(9)\namended by 14/2015 s 10(3)\ns 19\n\ns 19(2)\nsubstituted by 14/2015 s 11\ns 20\n\ns 20(1)\namended by 64/2017 s 119(1)\ns 20(3)\namended by 64/2017 s 119(2)\ns 21\n\ns 21(4a)\ninserted by 14/2015 s 12(1)\ns 21(5)\namended by 1/2025 Sch 1 cl 3\n8.6.2025\ns 21(8)\namended by 8/2017 s 6(1)\ns 21(8a)\ninserted by 8/2017 s 6(2)\ns 21(9)\namended by 14/2015 s 12(2)\n\namended by 38/2018 s 10\ns 21(10)\nsubstituted by 14/2015 s 12(3)\ns 21(11)\namended by 14/2015 s 12(4)\ns 23\n\ns 23(1)\nsubstituted by 14/2015 s 13(1)\ns 23(1a)\ninserted by 14/2015 s 13(1)\n\namended by 64/2017 s 120\ns 23(2)\namended by 14/2015 s 13(2), (3)\ns 23(3)\namended by 14/2015 s 13(4), (5)\ns 23(4)\namended by 14/2015 s 13(6)\ns 23(5)\namended by 14/2015 s 13(7)\n\namended by 8/2017 s 7(1)\ns 23(5a)\ninserted by 8/2017 s 7(2)\ns 23(7)\nsubstituted by 14/2015 s 13(8)\ns 23(8)\namended by 14/2015 s 13(9)\ns 24\n\ns 24(1)\namended by 14/2015 s 14(1)\n\namended by 35/2018 s 108\ns 24(2)\namended by 8/2017 s 8(1)\ns 24(2a)\ninserted by 8/2017 s 8(2)\ns 24(5)\nsubstituted by 14/2015 s 14(2)\n\namended by 35/2018 s 108\ns 25\n\ns 25(1)\namended by 14/2015 s 15\ns 25(2)\namended by 65/2013 Sch 3 cl 4\ns 25(5)\namended by 26/2014 s 99\n29.3.2015\ns 26\n\ns 26(1)\namended by 64/2017 s 121\ns 26(3)\namended by 14/2015 s 16(1)\ns 26(4)\namended by 14/2015 s 16(2)\ns 26(5)\namended by 14/2015 s 16(3)\ns 26(6)\namended by 14/2015 s 16(4)\ns 26(7)\namended by 8/2017 s 9(1)\ns 26(7a)\ninserted by 8/2017 s 9(2)\ns 26(9)\nsubstituted by 14/2015 s 16(5)\ns 26(10)\ninserted by 14/2015 s 16(5)\ns 26A\ninserted by 38/2018 s 11\ns 27\n\ns 27(2)\namended by 35/2018 s 109\ns 28A\ninserted by 38/2018 s 12\ns 29\n\ns 29(2)\namended by 28/2016 s 23\ns 29ZCA\ninserted by 38/2018 s 13\nPt 3A\ninserted by 8/2017 s 10\nPt 4\n\ns 30\n\ns 30(3)\namended by 14/2015 s 17(1)\ns 30(6)\nsubstituted by 14/2015 s 17(2)\nPt 5\n\ns 31\n\ns 31(1)\namended by 37/2021 s 4(1), (2)\ns 31(2)\namended by 38/2018 s 14(1)\n\namended by 37/2021 s 4(3)\ns 31(2aa)\ninserted by 38/2018 s 14(2)\n\namended by 37/2021 s 4(4)\ns 31(2ab)\ninserted by 38/2018 s 14(2)\n\namended by 6/2024 s 3(1)\ns 31(2ac)\ninserted by 6/2024 s 3(2)\ns 31(2a)\ninserted by 14/2015 s 18(1)\n\namended by 38/2018 s 14(3)\ns 31(4)\namended by 14/2015 s 18(2)\n\namended by 53/2017 s 22\n30.4.2018\ns 31(5)—(7)\ninserted by 37/2021 s 4(5)\ns 31(8)\ninserted by 37/2021 s 4(5)\ndeemed subsection (1) offence\ninserted by 6/2024 s 3(3)\ns 31A\ninserted by 6/2024 s 4\ns 34\n\ns 34(3)\namended by 14/2015 s 19(1)\ns 34(3a)\ninserted by 14/2015 s 19(2)\ns 36\n\ns 36(2) and (3)\ndeleted by 14/2015 s 20\nPt 6\n\ns 40\n\ns 40(1)\namended by 14/2015 s 21\n\namended by 46/2015 Sch 1 cl 16\ns 42\n\ns 42(1)\ns 42 redesignated as s 42(1) by 38/2018 s 15\ns 42(2) and (3)\ninserted by 38/2018 s 15\nSch 1\n\nPts 1—14\nomitted under Legislation Revision and Publication Act 2002\nPt 15\n\ncl 37\n\ncl 37(5)\ninserted by 28/2016 s 24\ncl 39\ninserted by 14/2015 s 22\nHistorical versions\n\n17.6.2012\n\n29.3.2015\n\n30.4.2018\n\n7.7.2022\n\n","sortOrder":18}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since enactment through inserted and amended machinery: a national recognition and enforcement scheme for DVOs was added (Part 3A, ss29D–29L), explicit problem‑gambling and tenancy remedies were incorporated (ss24–25), mandatory firearms surrender and disqualification terms were formalised (s14), and penalties and review procedures for contraventions were strengthened (s31, s31A; amendments cited in legislative history). The principal Act also repealed the former Domestic Violence Act 1994 and migrated prior restraining orders into the new scheme (Sch 1 cl 37). These changes broadened cross‑jurisdictional reach, enforcement tools and the range of non‑custodial remedies tied to intervention orders."},"complexity_factors":["Broad, multi‑modal definition of \"abuse\" with extensive examples and both domestic and non‑domestic application (s8)","Multiple distinct remedies and order types: interim/final intervention orders, problem gambling orders (s24), tenancy orders (s25) and registered foreign orders (Pt 4)","Cross‑jurisdictional recognition, variation and enforcement regime for interstate and foreign DVOs, including information exchange obligations (Part 3A, ss29D–29V)","Significant police powers for issuing interim orders and for detention, arrest and search in service/enforcement contexts (ss18, 34–37)","Mandatory firearms surrender, suspension and disqualification terms tied to orders (s14) with limited judicial exception","Procedural and evidentiary departures from ordinary civil/criminal practice (preliminary hearings, recordings, special witness arrangements) (ss21, 28A, 29)","Tiered criminal penalties, aggravated/second‑offence uplift and complicated review/appeal interplay (s31, s31A)","Interlocking interactions with Family Law Act orders and State child protection orders requiring judicial consideration and possible resolution of inconsistencies (ss10, 16, 23(1a))","Obligations to notify and share prescribed details with multiple public sector agencies and police registries (ss18(6), 21(10), 23(7), 26(9))","Regulations and delegated powers permit wide discretion to vary application, fees, forms and exemptions (s42) and numerous post‑enactment amendments reflected in history"],"plain_english_summary":"Creates a framework for interim and final intervention orders to prevent domestic and non‑domestic abuse, allows related problem‑gambling and tenancy orders, registers and enforces foreign orders, and grants police special powers to issue interim orders, arrest, detain and search for surrendered weapons. It sets offences and penalties for breaches. The law affects alleged perpetrators (defendants), protected persons (including children), police, courts, landlords and public agencies and alters firearms licensing (s14), tenancy (s25) and national DVO recognition (Part 3A)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3424},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2009 intent of providing state-based intervention orders. The insertion of Part 3A (National recognition of domestic violence orders) via the 2017 Amendment Act transformed the Act into a national enforcement framework, requiring recognition and enforcement of orders from all Australian jurisdictions. Additionally, the insertion of section 31A created a complex transitional regime for reviewing historical offences and sentencing, going beyond the original scope of order issuance and enforcement."},"complexity_factors":["47 defined terms in the interpretation section (section 3), including complex nested definitions like 'intervention order' and 'domestic partner'","Part 3A contains 6 Divisions and 23 sections establishing a national recognition scheme for domestic violence orders, involving multi-jurisdictional enforcement and complex transitional rules","Cross-references to at least 12 other statutes including the Firearms Act 2015, Family Law Act 1975, and Children and Young People (Safety) Act 2017","Multiple procedural pathways for issuing orders: police interim orders (s 18), court interim orders (s 21), final orders (s 23), and interim variations (s 26A), each with distinct service and notification requirements","Nested exceptions in offence provisions (s 31): basic vs aggravated offences, deemed historical offences (s 31A), and complex sentencing calculations for review proceedings","Exceptions to general rules, such as firearms terms (s 14) which apply unless the defendant has never been violent and needs firearms for livelihood"],"plain_english_summary":"**What this law does**\n\nThis is South Australia’s main law for protecting people from abuse. It allows courts and police to issue **intervention orders** (legal orders that restrict a person’s behaviour) to prevent domestic and non-domestic violence.\n\n**Who it affects**\n\n*   **Protected persons**: Victims of abuse. This includes family members, domestic partners, ex-partners, children who witness abuse, or even strangers targeted by stalking or harassment.\n*   **Defendants** (the person accused of abuse): People subject to the orders who must follow restrictions.\n*   **Police**: Officers have special powers to issue immediate short-term orders and detain people to enforce them.\n\n**What counts as \"abuse\"**\n\nThe law covers much more than physical violence. Abuse includes:\n*   Physical or sexual assault\n*   **Emotional or psychological harm**: Stalking, harassment, threats, controlling behaviour, forced marriage, or controlling reproductive choices\n*   **Economic abuse**: Controlling money, preventing someone from working, or forcing them to sign financial documents\n*   Damage to property\n\n**Key features**\n\n1.  **Types of orders**:\n    *   **Interim (temporary) orders**: Can be issued immediately by police or courts to provide instant protection. These last until a court hearing (usually within 8 days).\n    *   **Final orders**: Issued by courts after a hearing. These remain in force indefinitely (until revoked) and can prohibit contact, ban someone from their own home, or require them to surrender firearms.\n\n2.  **Associated orders**:\n    *   **Tenancy orders**: Transfer a rental lease from the abuser to the victim.\n    *   **Problem gambling orders**: Restrict gambling activities linked to family financial harm.\n\n3.  **National recognition**: Orders made in other Australian states and territories (and some foreign orders) are automatically recognised and enforceable in South Australia, and vice versa. This ensures protection continues if someone moves interstate.\n\n4.  **Police powers**:\n    *   Can detain someone for up to 2 hours (or longer with court approval) to serve an order.\n    *   Can arrest without a warrant if they suspect a breach.\n    *   Can search for and seize weapons.\n\n5.  **Offences**:\n    *   Breaking an order is a crime. Penalties range from fines up to 2 years imprisonment for minor breaches, and up to 10 years for repeated breaches or those involving physical violence.\n\n6.  **Protections for vulnerable witnesses**:\n    *   Victims can give evidence via closed-circuit television or from behind a screen.\n    *   If the defendant does not have a lawyer, they must submit questions to the court rather than cross-examining the victim directly.\n\n**Why it matters**\n\nThis law provides a fast, flexible way to protect people from violence without waiting for a criminal trial. It recognises that abuse takes many forms—including financial control and emotional manipulation—and ensures victims remain safe even if they move interstate or if the abuser follows them."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrieved. The page returned a 'Page Not Found' error. No analysis of whether the Act expanded or narrowed in scope over time is possible from the available content."},"complexity_factors":["No actual legislative text was retrievable — only a website error page was provided","Complexity score is estimated based on the Act's title and known legislative context, not analysed text","Intervention order legislation typically involves moderate procedural complexity (court processes, police powers, eligibility criteria)","May interact with other Acts such as the Criminal Law Consolidation Act and Family Violence Act","Cannot assess actual complexity without the text — score should be treated as a placeholder"],"plain_english_summary":"The Intervention Orders (Prevention of Abuse) Act 2009 (SA) sets out how intervention orders (similar to restraining orders) operate in South Australia to protect people from abuse, including domestic and family violence — covering how orders are applied for, made, varied and enforced.\n\nIt affects victims, people accused of abusive behaviour, police and courts (and children caught up in family violence). It matters because intervention orders provide immediate legal protection and breaching one is a criminal offence."}},"importantCases":[],"_links":{"self":"/api/acts/intervention-orders-prevention-of-abuse-act-2009","history":"/api/acts/intervention-orders-prevention-of-abuse-act-2009/history","analysis":"/api/acts/intervention-orders-prevention-of-abuse-act-2009/analysis","conflicts":"/api/acts/intervention-orders-prevention-of-abuse-act-2009/conflicts","importantCases":"/api/acts/intervention-orders-prevention-of-abuse-act-2009/important-cases","documents":"/api/acts/intervention-orders-prevention-of-abuse-act-2009/documents"}}