New South Wales act

Crimes (Domestic and Personal Violence) Act 2007

In ForceNSW

Jurisdiction

New South Wales

Act Number

80 of 2007

Collection

act

Plain English Summary

8/10 complexity

This Act creates a legal system for apprehended violence orders (domestic and personal), defines domestic relationships and abusive/stalking conduct, and makes stalking and contravening AVOs criminal offences. It gives courts, police, registrars and mediators powers to issue urgent interim and final orders, sets protections and procedural safeguards for protected persons (including children), and establishes recognition/enforcement rules for out‑of‑jurisdiction orders. It matters because it enables rapid protective relief, criminal enforcement, and cross‑jurisdictional coordination affecting licences and long‑term consequences.

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What it does

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) (the Act) establishes a comprehensive statutory scheme for the prevention and response to domestic and personal violence in New South Wales. At its core, the legislation empowers courts, police, and authorised officers to issue apprehended violence orders (AVOs) that impose prohibitions and restrictions on a defendant's behaviour to safeguard protected persons. These orders are not punitive in themselves but are civil in character, though breach carries criminal sanctions (s 14).

The Act is structured in 14 Parts. Part 1 contains preliminary provisions, including an extensive interpretation section (s 3) that defines over 40 terms, many by cross-reference to the Crimes Act 1900 (NSW). Key definitions include “personal violence offence” (s 4, incorporating a lengthy list of Crimes Act offences ranging from murder attempts to sexual assaults and extending to attempts), “domestic relationship” (s 5, covering spouses, de facto partners, intimate relations, household members, carers, relatives, and Indigenous kinship), “relative” (s 6), “domestic abuse” (s 6A, inserted by the Crimes Legislation Amendment (Coercive Control) Act 2022, encompassing violent, coercive, controlling, or fear-inducing conduct, including economic abuse, isolation, animal harm, and technology-enabled monitoring), “intimidation” (s 7, including harassment, cyberbullying, outing, and forced marriage coercion), and “stalking” (s 8, including following, watching, technological tracking). These definitions are not merely descriptive; they determine which Part of the Act applies and whether a domestic or personal violence order is available. Section 3(2)–(5) contain interpretive rules, including that variations to orders are read as part of the original, presence via AVL counts as physical presence, findings of guilt include s 10 bonds, and notes are non-binding.

Current sections

Direct links to the current provisions in Crimes (Domestic and Personal Violence) Act 2007.

236

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Crimes (Domestic and Personal Violence) Act 2007.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Definitions

3 Definitions

(1) In this Act—

applicant officer—see section 25.

apprehended domestic violence order means an order under Part 4.

apprehended personal violence order means an order under Part 5.

apprehended violence order means—

(a) a final apprehended violence order, or

(b) an interim apprehended violence order.

apprehended violence order proceedings means proceedings under this Act in relation to an apprehended violence order or an application for an apprehended violence order.

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 and includes the Registrar of the Children’s Court.

child means a person under the age of 16 years.

Children’s Judge means a person appointed under the Children’s Court Act 1987 to be a Children’s Judge and includes the President of the Children’s Court.

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

court means—

(a) the Local Court, or

(b) the Children’s Court,

(c) (Repealed)

exercising jurisdiction under section 91.

defendant means the person against whom an apprehended violence order is made or is sought to be made.

domestic abuse—see section 6A.

domestic relationship—see section 5.

domestic violence offence—see section 11.

final apprehended violence order means an apprehended domestic violence order or an apprehended personal violence order.

interim apprehended domestic violence order means an interim apprehended domestic violence order made by a court or Registrar under Part 6 or an authorised officer or senior police officer under Part 7.

interim apprehended personal violence order means an interim apprehended personal violence order made by a court or Registrar under Part 6 or an authorised officer under Part 7.

interim apprehended violence order means an interim court order or a provisional order.

interim court order means an interim apprehended domestic violence order or an interim apprehended personal violence order made by a court or registrar of a court under Part 6.

intimidation—see section 7.

issuing officer—see section 25.

non-local domestic violence order means a non-local DVO within the meaning of Part 13B.

parent has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.

personal violence offence—see section 4.

property recovery order means a property recovery order made under section 37.

protected person means the person for whose protection an apprehended violence order is sought or made.

provisional order means an interim apprehended domestic violence order or an interim apprehended personal violence order made under Part 7.

Registrar means a Registrar of the Local Court or the Registrar of the Children’s Court.

relative—see section 6.

senior police officer means a police officer of or above the rank of sergeant.

serious domestic abuse prevention order—see section 87B.

stalking—see section 8.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) If an apprehended violence order is varied, a reference in this Act to the order is a reference to the order as so varied.

(3) A reference in this Act to a person being present in court includes a reference to a person being present in court by way of audio visual link, being facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.

(4) A reference in this Act to a finding of guilt includes a reference to the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.

(5) Notes included in this Act do not form part of this Act.

s 3: Am 2008 No 53, Sch 8 [1] [2]; 2013 No 87, Sch 1 [1]–[3]; 2016 No 33, Sch 1 [1]; 2017 No 44, Sch 1.6 [1]; 2018 No 30, Sch 5.3[1A]; 2022 No 65, Sch 2[1]; 2024 No 59, Sch 1[1]; 2025 No 61, Sch 2.26[1].

Meaning of “personal violence offence”

4 Meaning of “personal violence offence”

In this Act, personal violence offence means—

(a) an offence under, or mentioned in, section 19A, 24, 25, 25A, 26, 27, 28, 29, 30, 31, 33, 33A, 35, 35A, 37, 38, 39, 41, 42, 43, 43A, 44, 45, 45A, 46, 47, 48, 49, 54A, 54B, 58, 59, 61, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66F, 73, 73A, 78A, 78B, 80A, 80D, 86, 87, 91P, 91PA, 91Q, 91R, 93G, 93GA, 110, 195, 196, 198, 199, 200, 562I (as in force before its substitution by the Crimes Amendment (Apprehended Violence) Act 2006) or 562ZG of the Crimes Act 1900, or

(b) an offence under section 13, 14 or 87E of this Act, or

(b1) an offence under section 109, 111, 112, 113, 114, 115 or 308C of the Crimes Act 1900, but only if the serious indictable offence or indictable offence referred to in those sections is an offence referred to in paragraph (a) or (b), or

(b2) an offence under section 93AC (Child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or

(c) an offence of attempting to commit an offence referred to in paragraph (a), (b), (b1) or (b2).

s 4: Am 2008 No 119, Sch 1 [1]; 2014 No 2, Sch 6.1 [1]; 2016 No 33, Sch 1 [2]–[6]; 2017 No 29, Sch 2.2; 2018 No 30, Sch 5.3[1] [2]; 2018 No 33, Sch 5.4 [1]–[3]; 2024 No 59, Sch 1[2]; 2025 No 57, Sch 2.2; 2025 No 74, Sch 2[1]–[5].

Meaning of “domestic relationship”

5 Meaning of “domestic relationship”

(1) For the purposes of this Act, a person has a domestic relationship with another person if the person—

(a) is or has been married to the other person, or

(b) is or has been a de facto partner of that other person, or

(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or

(d) is living or has lived in the same household as the other person, or

(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987), or

(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to section 5A), or

(g) is or has been a relative of the other person, or

(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(2) Two persons also have a domestic relationship with each other for the purposes of this Act if they have both had a domestic relationship of a kind set out in subsection (1)(a), (b) or (c) with the same person.

Note.

A woman’s ex-partner and current partner would therefore have a domestic relationship with each other for the purposes of this Act even if they had never met.

s 5: Am 2010 No 19, Sch 3.30 [1] [2]; 2016 No 33, Sch 1 [7]; 2018 No 87, Sch 1.11 [1].

Special provisions—carers and their dependants

5A Special provisions—carers and their dependants

(1) A person (a dependant) who has or has had a relationship with another person involving the person’s dependence on the ongoing paid care of the other person (a paid carer) is treated as having a domestic relationship with the paid carer only for the purposes of the protection of the dependant.

(2) Accordingly—

(a) a paid carer and a dependant are to be treated as having a domestic relationship for the purposes of any offence committed by a paid carer against a dependant, but not for the purposes of an offence committed by a dependant against a paid carer, and

(b) an apprehended domestic violence order may be made against a paid carer for the protection of a dependant (or for the protection of two or more persons at least one of whom is a dependant), but not against a dependant for the protection of a paid carer.

(3) This section does not limit or otherwise affect the application of this Act to a relationship between a dependant and an unpaid carer, or to a relationship between a dependant and a carer that, disregarding section (5)(1)(f), would be a domestic relationship under section 5.

Note.

For example, if a dependant and a paid carer are relatives, they will be treated as having a domestic relationship under section 5(1)(g) and an apprehended domestic violence order could be made against the dependant for the protection of the paid carer.

(4) To avoid doubt, an apprehended personal violence order may be made against a dependant for the protection of a paid carer if the paid carer and dependant do not have a domestic relationship.

s 5A: Ins 2018 No 87, Sch 1.11 [2].

Meaning of “relative”

6 Meaning of “relative”

For the purposes of this Act, a person is a relative of another person (the other person)—

(a) if the person is—

(i) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law, or

(ii) a son, daughter, grandson, grand-daughter, step-son, step-daughter, son-in-law or daughter-in-law, or

(iii) a brother, sister, half-brother, half-sister, step-brother, step-sister, brother-in-law or sister-in-law, or

(iv) an uncle, aunt, uncle-in-law or aunt-in-law, or

(v) a nephew or niece, or

(vi) a cousin,

of the other person, or

(b) where the person has a de facto partner (the person’s partner)—if the other person is—

(i) a father, mother, grandfather, grandmother, step-father or step-mother, or

(ii) a son, daughter, grandson, grand-daughter, step-son or step-daughter, or

(iii) a brother, sister, half-brother, half-sister, step-brother or step-sister, or

(iv) an uncle or aunt, or

(v) a nephew or niece, or

(vi) a cousin,

of the person’s partner.

s 6: Am 2010 No 19, Sch 3.30 [3].

Meaning of “domestic abuse”

6A Meaning of “domestic abuse”

(1) In this Act, domestic abuse means any of the following behaviours directed by one person (the first person) against another person (the second person) with whom the first person has a domestic relationship—

(a) violent or threatening behaviour,

(b) behaviour that coerces or controls the second person,

(c) behaviour that causes the second person to fear for the person’s safety or wellbeing or the safety and wellbeing of others.

(2) Without limiting subsection (1), engaging in, or threatening to engage in, the following behaviour may constitute domestic abuse—

(a) behaviour that is physically abusive or violent,

(b) behaviour that is sexually abusive, coercive or violent,

(c) behaviour that is economically or financially abusive,

Examples—

• withholding financial support necessary for meeting the reasonable living expenses of a person, or another person living with or dependent on the person, in circumstances in which the person is dependent on the financial support to meet the person’s living expenses

• preventing, or unreasonably restricting or regulating, a person seeking or keeping employment or having access to or control of the person’s income or financial assets, including financial assets held jointly with another person

(d) behaviour that is verbally abusive,

(e) behaviour that shames, degrades or humiliates,

(f) behaviour that is intimidation,

(g) behaviour that is stalking, or that directly or indirectly harasses a person, or monitors or tracks a person’s activities, communications or movements, whether by physically following the person, using technology or in another way,

(h) behaviour that damages or destroys property,

(i) behaviour that causes death or injury to an animal, or otherwise makes use of an animal to threaten a person,

(j) behaviour that prevents the second person from doing any of the following or otherwise isolates the person—

(i) making or keeping connections with the person’s family, friends or culture,

(ii) participating in cultural or spiritual ceremonies or practice,

(iii) expressing the person’s cultural identity,

(k) behaviour that deprives the second person of liberty, restricts the second person’s liberty or otherwise unreasonably controls or regulates a person’s day-to-day activities,

Examples—

• making unreasonable demands about how a person exercises the person’s personal, social or sexual autonomy and making threats of negative consequences for failing to comply with the demands

• denying a person access to basic necessities including food, clothing or sleep

• withholding necessary medical or other care, support, aids, equipment or essential support services from a person or compelling the person to take medication or undertake medical procedures

(3) Domestic abuse includes behaviour by the first person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour mentioned in subsection (1).

(4) Domestic abuse may, in the context of the relationship, be constituted by—

(a) a single act, omission or circumstance, or

(b) a combination of acts, omissions or circumstances over a period of time.

(5) Behaviour mentioned in subsection (1) or (2) may constitute domestic abuse even if the behaviour does not constitute a criminal offence.

s 6A: Ins 2022 No 65, Sch 2[2].

Meaning of “intimidation”

7 Meaning of “intimidation”

(1) For the purposes of this Act, intimidation of a person means—

(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or

Example of conduct that may amount to harassment of a person—

(1) Intentionally disclosing or threatening to disclose any of the following about a person without the person’s consent, known as “outing”—

(a) the person’s sexual orientation,

(b) the person’s gender history,

(c) that the person has a variation of sex characteristics,

(d) that the person lives with HIV,

(e) that the person is, or has been, a sex worker.

(2) For subsection (1)(b) of this example, gender history means the sex recorded at birth for the person is different to the sex the person identifies with, lives in or seeks to live in, whether or not the person’s record of sex is altered under—

(a) the Births, Deaths and Marriages Registration Act 1995, Part 5A, or

(b) the corresponding provisions of a law of another State or Territory or a jurisdiction outside Australia.

Note.

An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.

(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or

(c) conduct that causes a reasonable apprehension of—

(i) injury to the person or to another person with whom the person has a domestic relationship, or

(ii) violence to any person, or

(iii) damage to property, or

(iv) harm to an animal that belongs or belonged to, or is or was in the possession of, the person or another person with whom the person has a domestic relationship, or

(d) conduct amounting to the coercion or deception of, or a threat to, a child to enter into a forced marriage within the meaning of the Crimes Act 1900, section 93AC, or

(e) conduct amounting to the coercion or deception of, or a threat to, a person to enter into a forced marriage within the meaning of the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).

(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

s 7: Am 2018 No 30, Sch 5.3[3]; 2018 No 84, Sch 1 [1] [2]; 2020 No 36, Sch 1[1]; 2024 No 71, Sch 3[1].

Meaning of “stalking”

8 Meaning of “stalking”

(1) In this Act, stalking includes the following—

(a) the following of a person about,

(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,

(b1) the monitoring or tracking of a person’s activities, communications or movements—

(i) whether by using technology or in another way, and

(ii) whether or not the monitoring or tracking involves contacting or otherwise approaching the person,

(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.

(2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

s 8: Am 2018 No 84, Sch 1 [3]; 2024 No 59, Sch 1[3].

Part 2

Objects of Act in relation to domestic and personal violence

Part 2 Objects of Act in relation to domestic and personal violence

Objects of Act in relation to domestic violence

9 Objects of Act in relation to domestic violence

(1) The objects of this Act in relation to domestic violence are—

(a) to ensure the safety and protection of all persons, including children, who experience or witness domestic violence, and

(b) to reduce and prevent violence by a person against another person where a domestic relationship exists between those persons, and

(c) to enact provisions that are consistent with certain principles underlying the Declaration on the Elimination of Violence against Women, and

(d) to enact provisions that are consistent with the United Nations Convention on the Rights of the Child.

(2) This Act aims to achieve those objects by—

(a) empowering courts to make apprehended domestic violence orders to protect people from domestic violence, intimidation (including harassment) and stalking, and

(b) ensuring that access to courts is as safe, speedy, inexpensive and simple as is consistent with justice.

(3) In enacting this Act, Parliament recognises—

(a) that domestic violence, in all its forms, is unacceptable behaviour, and

(b) that domestic violence is predominantly perpetrated by men against women and children, and

(c) that domestic violence occurs in all sectors of the community, and

(d) that domestic violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years, and

(e) that domestic violence occurs in traditional and non-traditional settings, and

(f) the particularly vulnerable position of children who are exposed to domestic violence as victims or witnesses, and the impact that such exposure can have on their current and future physical, psychological and emotional well-being, and

(f1) the particular impact of domestic violence on Aboriginal persons and Torres Strait Islanders, persons from culturally and linguistically diverse backgrounds, persons from gay, lesbian, bisexual, transgender and intersex communities, older persons and persons with disabilities, and

(f2) the intersection between animal abuse and domestic violence, and

(g) that domestic violence is best addressed through a co-ordinated legal and social response of assistance and prevention of violence and, in certain cases, may be the subject of appropriate intervention by the court.

(4) A court that, or person who, exercises any power conferred by or under this Act in relation to domestic violence must be guided in the exercise of that power by the objects referred to in this section.

s 9: Am 2016 No 33, Sch 1 [8]; 2020 No 36, Sch 1[2].

Object of Act in relation to personal violence

10 Object of Act in relation to personal violence

(1) The object of this Act in relation to personal violence is to ensure the safety and protection of all persons who experience personal violence outside a domestic relationship.

(2) This Act aims to achieve that object by—

(a) empowering courts to make apprehended personal violence orders in appropriate circumstances to protect people from violence, intimidation (including harassment) and stalking, and

(b) ensuring that access to courts is as safe, speedy, inexpensive and simple as is consistent with justice, and

(c) ensuring that other avenues of dispute resolution are encouraged where appropriate.

Part 3

Domestic violence and other offences

Part 3 Domestic violence and other offences

Meaning of “domestic violence offence”

11 Meaning of “domestic violence offence”

(1) In this Act, domestic violence offence means an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship, being—

(a) a personal violence offence, or

(b) an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or

(b1) an offence under the Crimes Act 1900, section 54D(1), or

(c) an offence, other than a personal violence offence or an offence mentioned in paragraph (b1), in which the conduct that constitutes the offence is domestic abuse.

(2) In this section, offence includes an offence under the Criminal Code Act 1995 of the Commonwealth.

s 11: Subst 2016 No 33, Sch 1 [9]. Am 2022 No 65, Sch 2[3]–[5].

Recording of domestic violence offences

12 Recording of domestic violence offences

(1) The charge in respect of an offence may indicate that the offence is a domestic violence offence.

(2) If a person pleads guilty to an offence or is found guilty of an offence and the court is satisfied that the offence was a domestic violence offence, the court is to direct that the offence be recorded on the person’s criminal record as a domestic violence offence.

(3) If the court makes a direction under this section to record an offence as a domestic violence offence, the prosecution may make an application to the court requesting that the court direct that specified offences in respect of which the person has previously pleaded guilty or been found guilty be recorded as domestic violence offences.

(4) Any such application is to include sufficient information in support of the request to enable the court to make a decision as to whether such a recording is appropriate.

(5) The court may require the prosecutor to provide further information to enable it to make a determination as to whether to direct a recording to be made under this section.

(6) If satisfied after considering an application under subsection (3) that an offence referred to in the application was a domestic violence offence, the court is to direct that the offence be recorded on the criminal record of the person concerned as a domestic violence offence.

(7) A victim of an offence is not compellable in any proceedings before the court to determine whether the court should make a direction under this section to record an offence as a domestic violence offence.

(8) A court that directs a recording to be made under this section or is required to take such a recording into account may, on application or on its own motion, correct the recording if it considers that there is an error in the recording.

(9) Regulations may be made for or with respect to the recording of offences under this section, including the manner in which and time within which such recordings are to be made.

Note.

An indication in the charge for an offence that a person has committed a domestic violence offence will be relevant in bail proceedings. The recording on a person’s criminal record that an offence is a domestic violence offence will be relevant to sections 7 and 8 of this Act, where previous behaviour constituting a domestic violence offence is taken into account for the purpose of determining whether a person’s behaviour amounts to intimidation or stalking, and to sections 27 and 49 of this Act, which require police to make applications for apprehended domestic violence orders in situations where the person in question has already committed a domestic violence offence. Section 21A of the Crimes (Sentencing Procedure) Act 1999 provides that a record of previous convictions is an aggravating factor to be taken into account when determining the appropriate sentence for an offence.

Stalking or intimidation with intent to cause fear of physical or mental harm

13 Stalking or intimidation with intent to cause fear of physical or mental harm

(1) A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.

Maximum penalty—Imprisonment for 5 years or 50 penalty units, or both.

(2) For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.

(3) For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.

(4) For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.

(5) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

s 13: Am 2009 No 27, Sch 1.4 [1].

Offence of contravening apprehended violence order

14 Offence of contravening apprehended violence order

(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.

Maximum penalty—Imprisonment for 2 years or 50 penalty units, or both.

(1A) A person is guilty of an offence under this subsection if the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person with the intention of causing the protected person—

(a) physical or mental harm, or

(b) to fear for the protected person’s safety or the safety of another person.

Maximum penalty—imprisonment for 3 years or 100 penalty units, or both.

(1B) For subsection (1A)—

(a) a person intends to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, if the person knows that the conduct is likely to cause the harm or fear, and

(b) the prosecution is not required to prove that the person actually caused the protected person physical or mental harm or the protected person to fear for the protected person’s safety or the safety of another person.

(1C) A person is guilty of an offence under this subsection if—

(a) the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person, and

(b) on at least 2 other occasions within a period of 28 days immediately before the contravention, the person knowingly contravened a prohibition or restriction specified in—

(i) an apprehended domestic violence order in relation to the same protected person, or

(ii) the same apprehended domestic violence order, whether or not in relation to the same protected person, or

(iii) an apprehended domestic violence order arising from the same application under Part 10, whether or not in relation to the same protected person, and

(c) a reasonable person would consider the conduct referred to in paragraphs (a) and (b) would be likely, in all the circumstances, to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, whether or not the harm or fear was in fact caused.

Maximum penalty—imprisonment for 5 years or 150 penalty units, or both.

(1D) If, on a prosecution of a person for an offence under subsection (1A), the court or jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1)—

(a) the court or jury may acquit the person of the offence under subsection (1A) and find the person guilty of an offence under subsection (1), and

(b) the person is liable to punishment accordingly.

(1E) If, on a prosecution of a person for an offence under subsection (1C), the court or jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1) or (1A)—

(a) the court or jury may acquit the person of the offence under subsection (1C) and find the person guilty of an offence under subsection (1) or (1A), and

(b) the person is liable to punishment accordingly.

Note—

This section does not affect the common law in relation to double jeopardy.

(2) A person is not guilty of an offence against subsection (1), (1A) or (1C) unless—

(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or

(b) in any other case, the person was served with a copy of the apprehended violence order.

(3) A person is not guilty of an offence against subsection (1), (1A) or (1C) if the contravention of the prohibition or restriction concerned—

(a) was necessary in order to attend mediation under section 21, or

(b) was done in compliance with the terms of a property recovery order.

(4) Unless the court otherwise orders, a person who is convicted of an offence against subsection (1), (1A) or (1C) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.

(5) Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.

(6) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.

(7) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1), (1A) or (1C) if the person is a protected person under the order concerned.

(8) A police officer is to make a written record of the reasons for—

(a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1), (1A), (1C) or (9) (whether or not the person is arrested), or

(b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1), (1A), (1C) or (9),

if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.

(9) A person who attempts to commit an offence against subsection (1), (1A) or (1C) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

Note.

The Law Enforcement (Powers and Responsibilities) Act 2002 contains powers of police officers in relation to suspected offences, including a power to arrest a person, without warrant, if the police officer suspects on reasonable grounds that a person has committed an offence.

s 14: Am 2009 No 27, Sch 1.4 [2]–[4]; 2024 No 59, Sch 1[4]–[6].

Part 4

Apprehended domestic violence orders

Part 4 Apprehended domestic violence orders

Application for making of apprehended domestic violence order by court

15 Application for making of apprehended domestic violence order by court

(1) An application may be made in accordance with Part 10 for an apprehended domestic violence order for the protection of—

(a) a person against another person with whom he or she has or has had a domestic relationship, or

(b) two or more persons against another person with whom at least one of those persons has or has had a domestic relationship.

(2) An application is to be treated as an application for an apprehended personal violence order if none of the persons for whose protection the order would be made has or has had a domestic relationship with the person against whom it is sought.

(3) Subsection (2) does not apply to a provisional order that is made by a senior police officer and treated as an application for an order pursuant to section 29.

s 15: Am 2013 No 87, Sch 1 [4].

Court may make apprehended domestic violence order

16 Court may make apprehended domestic violence order

(1) A court may, on application, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and in fact fears—

(a) the commission by the other person of a domestic violence offence against the person, or

(a1) the commission by the other person of an offence under the Conversion Practices Ban Act 2024, section 5 or 6 against the person, or

(b) the engagement of the other person in conduct in which the other person—

(i) intimidates the person or a person with whom the person has a domestic relationship, or

(ii) stalks the person,

being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.

(2) Despite subsection (1), it is not necessary for the court to be satisfied that the person for whose protection the order would be made in fact fears that such an offence will be committed, or that such conduct will be engaged in, if—

(a) the person is a child, or

(b) the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function, or

(c) in the opinion of the court—

(i) the person has been subjected on more than one occasion to conduct by the defendant amounting to a personal violence offence, and

(ii) there is a reasonable likelihood that the defendant may commit a personal violence offence against the person, and

(iii) the making of the order is necessary in the circumstances to protect the person from further violence, or

(d) the court is satisfied on the balance of probabilities that the person has reasonable grounds to fear the commission of a domestic violence offence against the person.

(2A) An apprehended domestic violence order that is made in reliance on subsection (2)(d) cannot impose prohibitions or restrictions on the behaviour of the defendant other than those prohibitions that are taken to be specified in the order by section 36.

(3) For the purposes of this section, conduct may amount to intimidation of a person even though—

(a) it does not involve actual or threatened violence to the person, or

(b) it consists only of actual or threatened damage to property belonging to, in the possession of or used by the person.

Note.

Part 8 provides for the matters that may be included in orders. Part 9 contains additional provisions relevant to the making of orders.

s 16: Am 2016 No 33, Sch 1 [10]–[13]; 2024 No 19, Sch 3.2[1].

Matters to be considered by court

17 Matters to be considered by court

(1) In deciding whether or not to make an apprehended domestic violence order, the court must consider the safety and protection of the protected person and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order.

(2) Without limiting subsection (1), in deciding whether or not to make an apprehended domestic violence order, the court is to consider—

(a) in the case of an order that would prohibit or restrict access to the defendant’s residence—the effects and consequences on the safety and protection of the protected person and any children living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is not made, and

(b) any hardship that may be caused by making or not making the order, particularly to the protected person and any children, and

(c) the accommodation needs of all relevant parties, in particular the protected person and any children, and

(d) any other relevant matter.

(3) When making an apprehended domestic violence order, the court is to ensure that the order imposes only those prohibitions and restrictions on the defendant that, in the opinion of the court, are necessary for the safety and protection of the protected person, and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order, and the protected person’s property.

(4) If an application is made for an apprehended domestic violence order that prohibits or restricts access by the defendant to any premises or place and the court hearing proceedings in respect of the application decides to make an order without the prohibition or restriction sought, the court is to give reasons for that decision.

Part 5

Apprehended personal violence orders

Part 5 Apprehended personal violence orders

Application for making of apprehended personal violence order by court

18 Application for making of apprehended personal violence order by court

(1) An application may be made in accordance with Part 10 for an apprehended personal violence order for the protection of one or more persons against another person.

(2) An application is to be treated as an application for an apprehended domestic violence order if one or more of the persons for whose protection the order would be made has or has had a domestic relationship with the person against whom it is sought.

Court may make apprehended personal violence order

19 Court may make apprehended personal violence order

(1) A court may, on application, make an apprehended personal violence order if it is satisfied on the balance of probabilities that a person has reasonable grounds to fear and in fact fears—

(a) the commission by the other person of a personal violence offence against the person, or

(a1) the commission by the other person of an offence under the Conversion Practices Ban Act 2024, section 5 or 6 against the person, or

(b) the engagement of the other person in conduct in which the other person—

(i) intimidates the person, or

(ii) stalks the person,

being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.

(2) Despite subsection (1), it is not necessary for the court to be satisfied that the person for whose protection the order would be made in fact fears that such an offence will be committed, or that such conduct will be engaged in, if—

(a) the person is a child, or

(b) the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function.

(3) For the purposes of this section, conduct may amount to intimidation of a person even though—

(a) it does not involve actual or threatened violence to the person, or

(b) it consists only of actual or threatened damage to property belonging to, in the possession of or used by the person.

Note.

Part 8 provides for the matters that may be included in orders. Part 9 contains additional provisions relevant to the making of orders.

s 19: Am 2024 No 19, Sch 3.2[1].

Matters to be considered by court

20 Matters to be considered by court

(1) In deciding whether or not to make an apprehended personal violence order, the court must consider the safety and protection of the person seeking the order and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order.

(2) Without limiting subsection (1), in deciding whether or not to make an apprehended personal violence order, the court is to consider—

(a) in the case of an order that would prohibit or restrict access to the defendant’s residence—the effects and consequences on the safety and protection of the protected person and any children living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is not made, and

(b) any hardship that may be caused by making or not making the order, particularly to the protected person and any children, and

(c) the accommodation needs of all relevant parties, in particular the protected person and any children, and

(d) any other relevant matter.

(3) When making an apprehended personal violence order, the court is to ensure that the order imposes only those prohibitions and restrictions on the defendant that, in the opinion of the court, are necessary for the safety and protection of the protected person, and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order, and the protected person’s property.

(4) If an application is made for an apprehended personal violence order that prohibits or restricts access by the defendant to any premises or place and the court hearing proceedings in respect of the application decides to make an order without the prohibition or restriction sought, the court is to give reasons for that decision.

Referral of matters to mediation

21 Referral of matters to mediation

(1) If an application for an apprehended personal violence order is made to a court, the court—

(a) when considering whether to make the order—is to refer the protected person and the defendant for mediation under the Community Justice Centres Act 1983 unless it is satisfied that there is good reason not to do so, and

(b) at any other time—may refer the protected person and the defendant for mediation under that Act.

(2) Without limiting subsection (1), in determining whether there is good reason not to refer a matter to mediation, the court is to consider whether—

(a) there has been a history of physical violence to the protected person by the defendant, or

(b) the protected person has been subjected to conduct by the defendant amounting to a personal violence offence, or

(c) the protected person has been subjected to conduct by the defendant amounting to an offence under section 13, or

(d) the defendant has engaged in conduct amounting to harassment relating to the protected person’s race, religion, homosexuality, transgender status or disability, or

(d1) the defendant has engaged in conduct amounting to harassment relating to the protected person being a person living with HIV/AIDS, or

(e) there has been a previous attempt at mediation in relation to the same matter and the attempt was not successful.

(2A) The existence of any one or more of the factors referred to in subsection (2) does not prevent a court from referring a matter to mediation.

(3) Nothing in this section affects section 24 of the Community Justice Centres Act 1983.

Note.

Section 24 of the Community Justice Centres Act 1983 enables the Director of Community Justice Centres to decline to consent to the acceptance of a dispute for mediation and enables the Director or a mediator to terminate a mediation session at any time.

(4) The Director of Community Justice Centres is to provide a written report on the outcome of the mediation or attempted mediation to the court that referred the matter for mediation.

(5) On receiving a report under subsection (4), the court is to take such action in accordance with this Act as it considers appropriate in relation to the matter concerned and in doing so may take into account the contents of the report.

(6) If a matter is referred to mediation under this section without an order having been made, any proceedings in relation to the application are taken to have been stayed until a report is provided under subsection (4).

(7) If the Director of Community Justice Centres provides a report under subsection (4) or a mediator conducts a mediation of a matter referred under this section, the Director or the mediator is taken, for the purposes of the provisions of the Community Justice Centres Act 1983, to be exercising those functions for the purpose of executing that Act.

s 21: Am 2013 No 87, Sch 2 [1]–[3]; 2024 No 71, Sch 3[2] [3].

Part 6

Interim court orders

Part 6 Interim court orders

Interim court orders

22 Interim court orders

(1) A court may, on application made in accordance with Part 10, make an interim apprehended domestic violence order or an interim apprehended personal violence order if it appears to the court that it is necessary or appropriate to do so in the circumstances.

(2) An interim apprehended domestic violence order or an interim apprehended personal violence order made on application under this Part is referred to in this Act as an interim court order.

(3) An interim court order may be made by a court whether or not—

(a) the defendant is present at the proceedings, or

(b) the defendant has been given notice of the proceedings.

(4) A court may, in deciding whether to make an interim court order, admit affidavit evidence or a written statement by a police officer that is tendered on behalf of the person for whose protection the order would be made if—

(a) the person is unable, for any good reason, to be present at the proceedings, and

(b) the court is satisfied that the matter requires urgent consideration by the court.

(5) If an interim court order is made by a court—

(a) the court is to require the defendant to appear at a further hearing of the matter by the court as soon as practicable after the interim court order is made, and

(b) the court may, at the further hearing or an adjourned further hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order (whether or not the defendant appears at any such further hearing).

(6) An interim court order has, while it remains in force, the same effect as a final apprehended violence order.

Interim court orders made by Registrar with consent

23 Interim court orders made by Registrar with consent

(1) A Registrar may, on application, make an interim apprehended domestic violence order or an interim apprehended personal violence order if satisfied that the protected person and the defendant consent to the making of the order.

(2) Section 78 (Orders made with consent of parties) applies in relation to the making of an order by a Registrar under this section in the same way as it applies to the making of an interim court order by a court.

(3) If an interim court order is made by a Registrar—

(a) the Registrar is to require the defendant to appear at a further hearing of the matter before a court as soon as practicable after the interim court order is made, and

(b) the court may, at the further hearing or an adjourned hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order.

(4) An interim court order made by a Registrar of a court under this section is taken to have been made by the court and has effect accordingly.

(5) Section 76 applies to a Registrar who makes an interim court order under this section.

Interim court order ceases when final court order made or served

24 Interim court order ceases when final court order made or served

(1) An interim court order remains in force until—

(a) it is revoked, or

(b) it ceases to have effect under subsection (2), or

(c) the application for a final apprehended violence order is withdrawn or dismissed,

whichever first occurs.

(2) If a final apprehended violence order is made in respect of an interim court order (whether with or without variation), the interim court order ceases to have effect—

(a) in a case where the defendant is present at court—when the final apprehended violence order is made, or

(b) in any other case—when the defendant is served in accordance with this Act with a copy of the final apprehended violence order.

24A

Referral of matters to mediation

24A Referral of matters to mediation

Section 21 applies in relation to an interim apprehended personal violence order in the same way as it applies in relation to an apprehended personal violence order.

s 24A: Ins 2013 No 87, Sch 2 [4].

Part 7

Provisional orders

Part 7 Provisional orders

Application by telephone, facsimile or other communication device

25 Application by telephone, facsimile or other communication device

(1) A police officer may apply by telephone, facsimile or other communication device—

(a) to an authorised officer or senior police officer for an interim apprehended domestic violence order, or

(b) to an authorised officer for an interim apprehended personal violence order.

(2) In this Act—

(a) an interim apprehended domestic violence order or an interim apprehended personal violence order made on an application under this section is referred to as a provisional order, and

(b) the police officer who applies for a provisional order is referred to as the applicant officer, and

(c) the authorised officer or senior police officer who makes a provisional order is referred to as the issuing officer.

(3) An application for a provisional order—

(a) may be made at the request of the protected person or on the applicant officer’s own initiative, and

(b) may be transmitted to the authorised officer or senior police officer by another person on behalf of the applicant officer if it is not practicable for the application to be made by the applicant officer by telephone, facsimile or other communication device directly to the authorised officer or senior police officer.

s 25: Subst 2013 No 87, Sch 1 [5].

When application may be made

26 When application may be made

(1) An application may be made by telephone, facsimile or other communication device if—

(a) an incident occurs involving the person against whom the provisional order is sought to be made and the person who would be protected by the provisional order, and

(b) a police officer has good reason to believe a provisional order needs to be made immediately to ensure the safety and protection of the person who would be protected by the provisional order or to prevent substantial damage to any property of that person.

(2) An application may be made at any time and whether or not the court is sitting.

Obligation to apply for provisional order in certain circumstances

27 Obligation to apply for provisional order in certain circumstances

(1) An application must be made for a provisional order if—

(a) a police officer investigating the incident concerned suspects or believes that—

(i) a domestic violence offence or an offence against section 13 has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or

(ii) an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 (but only in relation to a child) has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or

(iii) proceedings have been commenced against a person for an offence referred to in subparagraph (i) or (ii) committed against the person for whose protection an order would be made, and

(b) the police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person who would be protected by the order or to prevent substantial damage to any property of that person.

(2) The application may be made by any police officer.

(3) An application need not be made in the circumstances referred to in subsection (1) if an apprehended violence order is already in force against the defendant for the protection of the person concerned.

(3A) However, subsection (3) does not prevent an application being made.

(4) An application need not be made in the circumstances referred to in subsection (1) if the person for whose protection an order would be made is at least 16 years of age at the time of the incident and a police officer investigating the incident believes—

(a) that the person intends to make an application for an apprehended violence order, or

(b) that there is good reason not to make the application.

(5) However, if the police officer investigating the incident believes that there is good reason not to make the application, the police officer must make a written record of the reason.

(6) For the purposes of subsection (4), the reluctance of the person to make an application does not, on its own, constitute a good reason for a police officer not to make an application if the police officer reasonably believes that—

(a) the person has been the victim of violence or there is a significant threat of violence to the person, or

(b) the person has an intellectual disability and has no guardian.

s 27: Am 2020 No 36, Sch 1[3].

Making of provisional order by authorised officer

28 Making of provisional order by authorised officer

(1) An authorised officer to whom an application is made for a provisional order may, if satisfied that there are reasonable grounds for doing so, make the provisional order.

(2) Section 21 (Referral of matters to mediation) applies to an authorised officer when considering whether to make a provisional order that is an interim apprehended personal violence order or after making such an order in the same way as it applies to a court.

(3) Section 81 applies to the making of a provisional order by an authorised officer in the same way as that section applies to other orders.

s 28: Am 2013 No 87, Sch 1 [6]; 2016 No 55, Sch 3.6.

28A

Making of provisional order by senior police officer

28A Making of provisional order by senior police officer

(1) A senior police officer to whom an application is made for a provisional order may, if satisfied that there are reasonable grounds for doing so, make the provisional order.

(2) However, a senior police officer may not make a provisional order in circumstances where he or she is the applicant officer.

(3) The provisional order is to contain the address or facsimile number of the Police Area Commander or Police District Commander at which the defendant may serve an application for variation or revocation of the order.

s 28A: Ins 2013 No 87, Sch 1 [7]. Am 2018 No 29, Sch 2.4.

28B

Interaction with existing orders

28B Interaction with existing orders

(1) This section applies if an apprehended violence order is already in force against the defendant for the protection of the person concerned (an existing order).

(2) An issuing officer must not make a prohibition or restriction in a provisional order that would be inconsistent with a prohibition or restriction in the existing order if the effect would be to decrease the protection afforded to the protected person under the existing order.

(3) A prohibition or restriction specified in a provisional order that is inconsistent with a prohibition or restriction specified in the existing order in a way that would decrease the protection afforded to the protected person under the existing order is of no effect.

Note—

See section 81A for the effect of concurrent orders if there is an inconsistency between 2 or more concurrent orders.

s 28B: Ins 2020 No 36, Sch 1[4].

Provisional order taken to be application for court order

29 Provisional order taken to be application for court order

(1) A provisional order is taken, for the purposes of this Act, to be an application by the applicant officer under Part 10.

(1A) If the application taken to be made under Part 10 is withdrawn or dismissed, the provisional order is revoked.

(2) The provisional order is to contain a direction for the appearance of the defendant at a hearing of the application by an appropriate court on a date specified in the order by the issuing officer.

(3) The specified date must be—

(a) the next date on which the matter can be listed on a domestic violence list at the appropriate court, and

(b) in any case, a date that is not more than 28 days after the making of the provisional order.

(3A) Failure to comply with the requirement under subsection (3)(b) does not affect the validity of the provisional order if the failure is due to court sitting arrangements that prevent the matter from being heard by the appropriate court.

(4), (5) (Repealed)

s 29: Am 2013 No 87, Sch 1 [8]; 2020 No 1, Sch 2.6; 2020 No 36, Sch 1[5] [6]; 2023 No 7, Sch 2.16; 2024 No 3, Sch 3[1].

Recording of provisional order

30 Recording of provisional order

(1) The issuing officer who makes a provisional order is to inform the applicant of the terms of the order and the date and time when the order was made.

(2) The applicant is to complete a form of order in the terms so indicated and write on it the name of the issuing officer, the date and time when the order was made and the date of the hearing of the application.

(3) When the form of order is completed, it is taken to be a provisional order.

(4) An issuing officer may, instead of proceeding under subsection (1), furnish the provisional order to the applicant.

(5) An applicant who is furnished with a provisional order under subsection (4) is to include in the order the date of the hearing of the application.

s 30: Am 2013 No 87, Sch 1 [9].

Service

31 Service

(1) A provisional order must be served on the defendant by a police officer as soon as practicable after it is made.

(2) A provisional order is to be served on the protected person by a police officer as soon as practicable after it is made unless it is impracticable to do so.

(3) A provisional order must be served on the defendant or protected person—

(a) personally, or

(b) by electronic means, but only if—

(i) the defendant or protected person has consented to service by the electronic means, and

(ii) the police officer has personally explained to the defendant or protected person—

(A) the effect of the provisional order, including any prohibitions and restrictions imposed by the order, and

(B) the consequences that may follow from a contravention of the provisional order, and

(C) the rights of the defendant and the protected person in relation to the order.

(4) A police officer may give a court proof of service of a provisional order in accordance with the rules of court applying to documents issued in proceedings before the court.

s 31: Am 2008 No 119, Sch 1 [2]. Subst 2024 No 59, Sch 1[7].

Powers of court in relation to provisional order

32 Powers of court in relation to provisional order

(1) On the first return date for a provisional order, the court may—

(a) dismiss the application taken to be made under Part 10, or

(b) revoke the provisional order, or

(c) make, in the same terms as the provisional order or with variations—

(i) an interim court order, or

(ii) a final apprehended violence order.

(2) If the court does none of the things in subsection (1)(a)–(c)—

(a) the provisional order becomes an interim court order—

(i) that is taken to have been made on the first return date, and

(ii) on the same terms as the provisional order, and

(b) further service of the order—

(i) is not required, if the provisional order was served on the defendant, and

(ii) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and

(iii) is required, if the provisional order was not served on the defendant and the defendant is not present at court.

(3) If the court makes an interim court order or a final apprehended violence order under subsection (1)(c), the provisional order is revoked—

(a) if further service of the order is not required—on the making of the order, or

(b) if further service of the order is required—when the order is served.

(4) If the court makes an interim court order without variations, further service of the order—

(a) is not required, if the provisional order was served on the defendant, and

(b) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and

(c) is required, if the provisional order was not served on the defendant and the defendant is not present at court.

(5) If the court makes an interim court order with variations or makes a final apprehended violence order, further service of the order—

(a) is not required, if the defendant is present at court, and

(b) is required, if the defendant is not present at court.

s 32: Subst 2016 No 33, Sch 1 [14]. Am 2020 No 36, Sch 1[7]. Subst 2024 No 3, Sch 3[2]; 2024 No 59, Sch 1[7].

Variation or revocation of provisional order on application of police officer

33 Variation or revocation of provisional order on application of police officer

(1) A provisional order made by an authorised officer may be varied or revoked by—

(a) the authorised officer who made it or any other authorised officer, or

(b) any court dealing with an application for an apprehended violence order, or variation of an apprehended violence order, against the same defendant.

(2) A provisional order may be varied—

(a) by amending or deleting any prohibitions or restrictions specified in the order, or

(b) by specifying additional prohibitions or restrictions in the order.

(3) An application for a variation or the revocation of a provisional order under this section may be made only by a police officer.

(4) If there is more than one protected person under a provisional order, the order may be varied or revoked in its application to all of the protected persons or in relation to any one or more of the protected persons.

(5) Notice of the variation or revocation is to be served on the defendant, each protected person affected by the variation or revocation and the Commissioner of Police.

(6) (Repealed)

(7) This section does not apply to the variation or revocation of a provisional order in accordance with section 33A.

s 33: Am 2013 No 87, Sch 1 [10]–[12]; 2016 No 33, Sch 1 [15]; 2020 No 36, Sch 1[8].

33A

Variation or revocation of provisional order on application of defendant

33A Variation or revocation of provisional order on application of defendant

(1) A provisional order made by a senior police officer may be varied or revoked on the application of the defendant by any court that deals, or is to deal, with an application for an apprehended violence order, or variation of an apprehended violence order, against that defendant.

(2) Despite subsection (1), an application for variation or revocation of a provisional order must be made by a police officer if the protected person or one of the protected persons under the order is a child at the time of the application.

(3) Sections 73(1), (2), (4) and (6), 74(1) and (2), 76(2), (4) and (5) and 77(2)–(8) apply to the variation or revocation of a provisional order under this section in the same way as they apply to the variation or revocation of a final apprehended violence order or interim court order.

(4) In addition to the requirements of section 73(4), a provisional order is not to be varied or revoked on the application of the defendant under this section unless notice of the application has been served on the Police Area Commander or Police District Commander.

(5) The applicant officer or another police officer is entitled to appear in proceedings for a variation or revocation of the provisional order under this section.

s 33A: Ins 2013 No 87, Sch 1 [13]. Am 2018 No 29, Sch 2.4; 2020 No 36, Sch 1[9].

Purported renewal or continuance

34 Purported renewal or continuance

(1) A provisional order may not be renewed and a further provisional order may not be made in respect of the same incident.

(2) (Repealed)

s 34: Am 2024 No 3, Sch 3[3].

34A

Defects in interim apprehended domestic violence orders

34A Defects in interim apprehended domestic violence orders

(1) This section applies if a senior police officer has, in good faith, purported to make a provisional order as an interim apprehended domestic violence order but none of the persons for whose protection the order was made has or has had a domestic relationship with the person against whom the order was sought.

(2) If a provisional order has such a defect, no action lies against any police officer or any other person merely because of that defect in respect of anything done or omitted to be done by the police officer or other person in good faith in reliance on the provisional order or any ancillary property recovery order.

s 34A: Ins 2013 No 87, Sch 1 [14].

Part 8

Content and effect of apprehended violence orders

Part 8 Content and effect of apprehended violence orders

Prohibitions and restrictions imposed by apprehended violence orders

35 Prohibitions and restrictions imposed by apprehended violence orders

(1) When making an apprehended violence order, a court may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court and, in particular, to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence.

(2) Without limiting the generality of subsection (1), an apprehended violence order made by a court may impose any or all of the following prohibitions or restrictions—

(a) prohibiting or restricting approaches by the defendant to the protected person,

(b) prohibiting or restricting access by the defendant to any or all of the following—

(i) to any premises occupied by the protected person from time to time or to any specified premises occupied by the protected person,

(ii) to any place where the protected person works from time to time or to any specified place of work of the protected person,

(iii) to any specified premises or place frequented by the protected person,

whether or not the defendant has a legal or equitable interest in the premises or place,

(c) prohibiting or restricting the defendant from approaching the protected person, or any such premises or place, within 12 hours of consuming intoxicating liquor or illicit drugs,

(c1) prohibiting or restricting the defendant from locating or attempting to locate the protected person,

(d) prohibiting or restricting the possession of all or any specified firearms or prohibited weapons (within the meaning of the Weapons Prohibition Act 1998) by the defendant,

(e) prohibiting the defendant from interfering with the protected person’s property,

(f) prohibiting or restricting specified behaviour by the defendant that might affect the protected person.

(2A) Without limiting the generality of subsection (2)(f), an apprehended violence order may prohibit behaviour of the defendant that might coerce, threaten or deceive the protected person to enter into a forced marriage within the meaning of the Crimes Act 1900, section 93AC or the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).

(3) A provisional order may impose any or all of the prohibitions or restrictions specified in subsection (2)(a)–(e) if the issuing officer is satisfied that there are reasonable grounds for the order doing so and the defendant is not a child.

(4) (Repealed)

(5) A reference in this section to a court includes a reference to a Registrar.

Note.

Section 23 of the Firearms Act 1996 provides for the automatic suspension of a licence under that Act on the making of an interim apprehended violence order against the licence holder and section 24 of that Act provides for the automatic revocation of a licence on the making of a final apprehended violence order against the licence holder. Section 17 of the Weapons Prohibition Act 1998 provides for the automatic suspension of a permit under that Act on the making of an interim apprehended violence order against the permit holder and section 18 of that Act provides for the automatic revocation of a permit on the making of a final apprehended violence order against the permit holder. On the suspension or revocation of such licences or permits, the relevant firearms or weapons must be surrendered to the police and may be seized by the police.

Note.

Section 79 of the Residential Tenancies Act 2010 terminates the tenancy of a tenant or co-tenant under a residential tenancy agreement if a final apprehended violence order is made that prohibits the tenant or co-tenant from having access to the residential premises under the agreement.

s 35: Am 2008 No 119, Sch 1 [3]–[5]; 2010 No 42, Sch 3.3; 2013 No 87, Sch 1 [15] [16]; 2016 No 33, Sch 1 [16]; 2018 No 30, Sch 5.3[4]; 2020 No 36, Sch 1[10].

Prohibitions taken to be specified in every apprehended violence order

36 Prohibitions taken to be specified in every apprehended violence order

Every apprehended violence order is taken to specify that the defendant is prohibited from doing any of the following—

(a) assaulting or threatening the protected person or a person with whom the protected person has a domestic relationship,

(b) stalking, harassing or intimidating the protected person or a person with whom the protected person has a domestic relationship,

(c) intentionally or recklessly destroying or damaging any property, or harming an animal, that belongs to, or is in the possession of, the protected person or a person with whom the protected person has a domestic relationship.

s 36: Subst 2016 No 33, Sch 1 [17]. Am 2020 No 36, Sch 1[11].

Ancillary property recovery orders may be made

37 Ancillary property recovery orders may be made

(1) A property recovery order may be made by a court or authorised officer—

(a) when making an apprehended domestic violence order or interim apprehended domestic violence order, or

(b) in relation to an interim apprehended domestic violence order that has been made by a senior police officer.

(1A) A court or authorised officer may make a property recovery order only if satisfied that—

(a) the protected person has left personal property at premises which the defendant occupies, or

(b) the defendant has left personal property at premises which the protected person occupies.

(1B) A property recovery order may be made under this section—

(a) on the motion of a court or authorised officer when making an apprehended domestic violence order or interim apprehended domestic violence order, or

(b) on the application of a police officer, the protected person or the defendant.

(1C) An application for a property recovery order made by a protected person or a defendant must include details of the following—

(a) any relevant order with respect to property made under the Family Law Act 1975 of the Commonwealth (a family law property order) of which the applicant is aware,

(b) any pending application for a family law property order of which the applicant is aware.

(1D) Before making a property recovery order, a court or authorised officer is to—

(a) make such inquiries of the parties about any relevant family law property orders as the court or officer considers to be appropriate, and

(b) if any such order is brought to the attention of the court or authorised officer, take the order into consideration.

(2) A property recovery order may do any or all of the following—

(a) direct the person who occupies the premises concerned to allow access to the premises to the person who has left the personal property at the premises (and any police officer or person who is authorised by the order to accompany the person) to enable the removal of the property,

(b) provide that the access to the premises concerned is to be at a time or times arranged between the occupier of the premises and a police officer (whether or not the order requires the person recovering the property to be accompanied by a police officer),

(c) require the person who has left the personal property at the premises to be accompanied by a police officer when removing the property from the premises,

(d) provide that the person who has left the personal property at the premises may be accompanied by any other specified person,

(e) specify the type or types of property to which the order relates.

(3) A property recovery order does not authorise entry to any premises by means of force.

(4) A property recovery order does not confer any right on a person to take property that the person does not own or have a legal right to possess even if the type of property is specified in the order.

(5) A property recovery order in respect of personal property left by the defendant on premises may not be made in the absence of the defendant.

(6) A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.

Maximum penalty—50 penalty units.

(7) The onus of proof of reasonable excuse in proceedings for an offence against subsection (6) lies on the person accused of the offence.

s 37: Am 2008 No 119, Sch 1 [6]; 2013 No 87, Sch 1 [17]; 2016 No 33, Sch 1 [18].

Part 9

Additional measures for support and protection of children and others in proceedings

Part 9 Additional measures for support and protection of children and others in proceedings

Apprehended violence orders made by court or authorised officer can also protect persons with whom person seeking protection has a domestic relationship

38 Apprehended violence orders made by court or authorised officer can also protect persons with whom person seeking protection has a domestic relationship

(1) The power of a court or an issuing officer under this Act to make an apprehended violence order for the protection of a person extends to authorise the making of such an order for the protection of a person with whom the person for whose protection the order was sought has a domestic relationship.

(2) If the court makes an apprehended domestic violence order, or the court or issuing officer makes an interim apprehended domestic violence order, for the protection of a person of or above 18 years of age, the court or issuing officer must include as a protected person under the order any child with whom the person of or above 18 years of age has a domestic relationship.

(3) A court or issuing officer is not required to comply with subsection (2) if satisfied that there are good reasons for not doing so. However, in that case the court or issuing officer is to give the reasons for not doing so.

(4) For the avoidance of doubt, subsections (2) and (3) are subject to sections 41, 41AA and 42.

(5) An apprehended violence order may be made by a court for the protection of a child in accordance with this section even though an application for the order was not made by a police officer.

s 38: Subst 2008 No 119, Sch 1 [7]. Am 2013 No 87, Sch 1 [9]; 2018 No 88, Sch 2 [1].

Final order to be made on guilty plea or guilt finding for serious offence

39 Final order to be made on guilty plea or guilt finding for serious offence

(1) This section applies to a person who pleads guilty to, or is found guilty of, a serious offence.

(1A) A court must make a final apprehended violence order for the protection of the person against whom the offence was committed whether or not—

(a) an interim apprehended violence order has been made, or

(b) an application for an apprehended violence order has been made.

(2) However, the court need not make a final apprehended violence order if it is satisfied that it is not required (for example, because a final apprehended violence order has already been made against the person).

(2A) For an apprehended domestic violence order imposed by a court under this section, subsections (2B)–(2D) apply if the person—

(a) was at least 18 years of age at the time of the commission of the offence, and

(b) is sentenced to a term of imprisonment, other than by way of intensive correction in the community, for the offence.

(2B) Subject to subsection (2C), the court is to specify that the apprehended domestic violence order remains in force for—

(a) the period of the term of imprisonment for the offence, and

(b) an additional 2 years after the term of imprisonment ends.

(2C) The court may specify a different period if, in the opinion of the court, there is a good reason to impose a different period.

(2D) The date on which the apprehended domestic violence order comes into force may be a day before the day the person starts serving the person’s term of imprisonment.

(3) In this section—

court includes the District Court.

serious offence has the same meaning as in section 40.

s 39: Am 2014 No 2, Sch 6.1 [2]. Subst 2016 No 33, Sch 1 [19]. Am 2020 No 36, Sch 1[12] [13].

Interim apprehended violence order must be made on charge for certain offences

40 Interim apprehended violence order must be made on charge for certain offences

(1) When a person is charged with an offence that appears to the court to be a serious offence, the court must make an interim court order against the defendant for the protection of the person against whom the offence appears to have been committed whether or not an application for an order has been made.

(2) If an interim court order is made by the court, the court is to summon the defendant to appear at a further hearing of the matter on the determination of the charge against the person (instead of as soon as practicable after the order is made, as required by section 22(5)(a)).

(3) However, the court need not make an interim court order if it is satisfied that it is not required (for example, because an apprehended violence order has already been made against the person).

(4) The transcript of proceedings and any evidence admitted in the District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children’s Court for the purposes of determining any one or more of the following—

(a) an application for the variation or revocation of an interim court order made under this section in respect of the serious offence,

(b) an application for a final apprehended violence order to be made in respect of any such interim court order,

(c) an application for the variation or revocation of any such final apprehended violence order.

(4A) In this section court includes the District Court and the Supreme Court.

(5) In this section, a serious offence means—

(a) attempted murder, or

(b) a domestic violence offence (other than murder, manslaughter or an offence under section 25A of the Crimes Act 1900), or

(c) an offence under, or mentioned in, the Crimes Act 1900, section 33 or 35, or

(c1a) a prescribed sexual offence within the meaning of the Criminal Procedure Act 1986, or

(c1) an offence under section 93AC (child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or

(d) an offence of attempting to commit an offence referred to in paragraph (b), (c), (c1a) or (c1), or

(e) an offence under section 13, or

(f) an offence under the law of the Commonwealth, another State or a Territory or of another country that is similar to an offence referred to in paragraph (a), (b), (c), (cla), (c1), (d) or (e).

s 40: Am 2014 No 2, Sch 6.1 [2]; 2016 No 33, Sch 1 [20]; 2018 No 30, Sch 5.3[5]–[7]; 2018 No 33, Sch 5.4 [4]–[5]; 2024 No 3, Sch 3[4]–[6].

40A

Apprehended violence order may be made in care proceedings

40A Apprehended violence order may be made in care proceedings

(1) The Children’s Court may, during care proceedings, make an apprehended violence order for the protection of—

(a) the child to whom the care proceedings relate, or

(b) any person who is a relative of, or who resides on the same property as, the child,

or may vary or revoke any existing order that protects any of those persons.

(2) The Children’s Court may make, vary or revoke an order on the application of a party to the care proceedings or on its own motion if the Court considers that the circumstances justify making, varying or revoking the order.

(3) The Children’s Court is not to make or vary an order under this section that protects a person if the Court is aware that the defendant is subject to criminal proceedings before another court and those criminal proceedings arose out of some or all of the circumstances that justify the making of the order.

(4) Before making, varying or revoking an order under this section, the Children’s Court is to notify the Commissioner of Police and the Secretary of the Department of Family and Community Services and give the Commissioner and Secretary standing to appear in the proceedings.

(5) Before varying or revoking a police-initiated order under this section the Children’s Court is to notify the Commissioner of Police and give the Commissioner standing to appear in the proceedings.

(6) Sections 48(3) and 72B do not apply to an application made under subsection (2).

(7) The parties to the care proceedings and the defendant against whom the apprehended violence order is proposed to be made all have standing to appear in respect of the making of the apprehended violence order.

(8) Subject to the regulations, section 91 (Appeals) of the Children and Young Persons (Care and Protection) Act 1998 applies to an apprehended violence order made under this section.

(9) In this section—

care proceedings has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.

child includes a young person within the meaning of the Children and Young Persons (Care and Protection) Act 1998.

police-initiated order has the same meaning as in Part 10.

relative of a child has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.

reside on a property has the same meaning as in the Child Protection (Working with Children) Act 2012.

s 40A: Ins 2016 No 33, Sch 1 [21]. Am 2018 No 34, Sch 3.4; 2020 No 36, Sch 1[14].

Measures to protect children in proceedings

41 Measures to protect children in proceedings

(1) This section applies to the following proceedings or part of proceedings—

(a) proceedings in which an apprehended violence order is sought or proposed to be made for the protection of a child,

(b) proceedings in relation to an application for the variation or revocation of an apprehended violence order if the protected person or one of the protected persons is a child,

(c) any part of proceedings in which an apprehended violence order is sought or proposed to be made in which a child appears as a witness,

(d) any part of proceedings in relation to an application for the variation or revocation of an apprehended violence order in which a child appears as a witness,

(d1) a part of proceedings in which a serious domestic abuse prevention order is sought or proposed to be made in which a child appears as a witness,

(d2) a part of proceedings in relation to an application for the variation or revocation of a serious domestic abuse prevention order in which a child appears as a witness,

(e) any part of proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO in which a child appears as a witness,

(f) proceedings in which an apprehended violence order is sought or proposed to be made against a child,

(g) proceedings in relation to an application for the variation or revocation of an apprehended violence order made against a child.

(2) Proceedings or any part of proceedings to which this section applies are to be heard in the absence of the public unless the court hearing the proceedings otherwise directs.

(3) Even if proceedings or a part of proceedings to which this section applies are open to the public, the court hearing the proceedings may direct any person (other than a person who is directly interested in the proceedings) to leave the place where the proceedings are being heard during the examination of any witness.

(4) In any proceedings referred to in subsection (1)(a), (b), (c), (d), (d1) or (d2), a child should not be required to give evidence in any manner about a matter unless the court is of the opinion that it is in the interests of justice for the child to do so.

(5) If a child is required to give evidence under this section, the evidence should be required to be given only in accordance with Divisions 3 and 4 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986.

(6) For the purposes of subsection (5), Division 3 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986 applies to proceedings in relation to an application for an apprehended violence order or a serious domestic abuse prevention order, or a variation or revocation of such an order, in the same way as it applies to criminal proceedings.

s 41: Am 2016 No 9, Sch 1 [3]; 2018 No 29, Sch 1.6; 2024 No 59, Sch 1[8]–[10].

41AA

Measures to protect young persons in proceedings

41AA Measures to protect young persons in proceedings

(1) The following proceedings or parts of proceedings are to be heard in the absence of the public, unless the court hearing the proceedings otherwise directs—

(a) proceedings in which an apprehended violence order is sought or proposed to be made for the protection of a young person,

(b) proceedings in relation to an application for the variation or revocation of an apprehended violence order, if the protected person or one of the protected persons is a young person,

(c) any part of proceedings in which an apprehended violence order is sought or proposed to be made in which a young person appears as a witness,

(d) any part of proceedings in relation to an application for the variation or revocation of an apprehended violence order in which a young person appears as a witness,

(d1) a part of proceedings in which a serious domestic abuse prevention order is sought or proposed to be made in which a young person appears as a witness,

(d2) a part of proceedings in relation to an application for the variation or revocation of a serious domestic abuse prevention order in which a young person appears as a witness,

(e) any part of proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO in which a young person appears as a witness,

(f) proceedings in which an apprehended violence order is sought or proposed to be made against a young person,

(g) proceedings in relation to an application for the variation or revocation of an apprehended violence order made against a young person.

(2) In this section—

young person means a person who is 16 years of age or over but who is under the age of 18 years.

s 41AA: Ins 2018 No 88, Sch 2 [2]. Am 2024 No 59, Sch 1[11].

41A

Questioning child witness in apprehended domestic violence order or serious domestic abuse prevention order proceedings

41A Questioning child witness in apprehended domestic violence order or serious domestic abuse prevention order proceedings

(1) A child who appears as a witness in any of the following proceedings cannot be questioned by a defendant directly but only by the defendant’s Australian legal practitioner or other Australian legal practitioner or a suitable person appointed by the court—

(a) proceedings in which an apprehended domestic violence order or a serious domestic abuse prevention order is sought or proposed to be made,

(b) proceedings in relation to an application for the variation or revocation of an apprehended domestic violence order or a serious domestic abuse prevention order.

(2) This section applies in addition to the protections set out in section 41.

s 41A: Ins 2016 No 33, Sch 1 [22]. Am 2024 No 59, Sch 1[12] [13].

Consideration of contact with children

42 Consideration of contact with children

(1) A person who applies for, or for a variation of, a final apprehended violence order or interim court order must inform the court of—

(a) any relevant parenting order of which the person is aware, or

(b) any pending application for a relevant parenting order of which the person is aware.

The court is required to inform the applicant of the obligation of the applicant under this subsection.

(2) In deciding whether or not to make or vary a final apprehended violence order or interim court order, the court is to consider the safety and protection of the protected person and any child directly or indirectly affected by domestic or personal violence.

(3) Without limiting subsection (2), in deciding whether or not to make or vary a final apprehended violence order or interim court order, the court is to—

(a) consider whether contact between the protected person, or between the defendant, and any child of either of those persons is relevant to the making or variation of the order, and

(b) have regard to any relevant parenting order of which the court has been informed.

(4) A final apprehended violence order or interim court order, or a variation of such an order, is not invalid merely because of a contravention of this section.

(5) In this section, relevant parenting order means a parenting order (within the meaning of Division 5 of Part VII of the Family Law Act 1975 of the Commonwealth) that relates to contact between the protected person, or between the defendant, and any child of either of those persons.

Non-inclusion of protected person’s residential address in applications or orders

43 Non-inclusion of protected person’s residential address in applications or orders

(1) The address at which the protected person resides must not be stated in an application for an apprehended domestic violence order or interim apprehended domestic violence order or an application under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO unless—

(a) where the protected person is of or above the age of 16 years—the protected person consents to the address being included in the application, or

(b) where the application is made by a police officer—the police officer is satisfied that the defendant knows the address.

(2) The address at which the protected person resides, or intends to reside, must not be stated in an apprehended domestic violence order or interim apprehended domestic violence order or in a declaration under Part 13B that a DVO is a recognised DVO unless the court or issuing officer is satisfied that—

(a) the defendant knows the address, or

(b) it is necessary to state the address in order to achieve compliance with the order and the personal safety of the protected person would not be seriously threatened, or damage would not be likely to be caused to any property of the protected person, by stating the address, or

(c) where the protected person is of or above the age of 16 years—the protected person consents to the address being stated in the order.

(3) A reference in this section to an apprehended domestic violence order or interim apprehended domestic violence order includes a reference to any other order relating to such an order.

(4) In this section, court includes a Registrar.

s 43: Am 2013 No 87, Sch 1 [9]; 2016 No 9, Sch 1 [4] [5].

Non-inclusion of health care provider’s residential address in application for apprehended personal violence order or in apprehended personal violence order

44 Non-inclusion of health care provider’s residential address in application for apprehended personal violence order or in apprehended personal violence order

(1) The address at which a protected health care provider resides must not be stated in any application for an apprehended personal violence order or interim apprehended personal violence order unless—

(a) the protected health care provider consents to the address being included in the application, or

(b) if the application is made by a police officer—the police officer is satisfied that the defendant knows the address.

(2) The address at which a protected health care provider resides, or intends to reside, must not be stated in an apprehended personal violence order or interim apprehended personal violence order unless the court or issuing officer is satisfied that—

(a) the defendant knows the address, or

(b) it is necessary to state the address in order to achieve compliance with the order and the personal safety of the protected health care provider would not be seriously threatened, or damage would not be likely to be caused to any property of the protected health care provider, by stating the address, or

(c) the protected health care provider consents to the address being stated in the order.

(3) If the address at which a protected health care provider resides or intends to reside must not be stated in an application or order because of this section, the address at which the protected health care provider ordinarily provides health care services is to be stated instead in the application or order.

(4) A reference in this section to an apprehended personal violence order or interim apprehended personal violence order includes a reference to any other order relating to such an order.

(5) In this section—

court includes a Registrar.

protected health care provider means a person who is employed or engaged to provide any care, treatment, advice or service in respect of the physical or mental health of any protected person.

s 44: Am 2013 No 87, Sch 1 [9].

Publication of names and identifying information about children and other persons involved in proceedings

45 Publication of names and identifying information about children and other persons involved in proceedings

(1) The name of a person, being a child—

(a) for whose protection or against whom an apprehended violence order is sought in any apprehended violence order proceedings, or

(b) who appears, or is reasonably likely to appear, as a witness before a court in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings, or

(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings,

must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.

(2) A court may direct that the name of a person (other than a child to whom subsection (1) applies)—

(a) for whose protection or against whom an apprehended violence order is sought in any apprehended violence order proceedings, or

(b) who appears, or is reasonably likely to appear, as a witness before a court in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings, or

(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings,

must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.

(3) A person who publishes or broadcasts the name of a person in contravention of subsection (1) or in contravention of a direction under subsection (2) is guilty of an offence.

Maximum penalty—Imprisonment for a period not exceeding 2 years, or 200 penalty units, or both (in the case of an individual) or 2,000 penalty units (in the case of a corporation).

(4) This section does not prohibit—

(a) the publication or broadcasting of an official report of the proceedings of a court that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section, or

(b) the publication or broadcasting of the name of a person with the consent of the person or of the court.

(5) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material—

(a) that identifies the person, or

(b) that is likely to lead to the identification of the person.

(6) The offence created by this section is an offence of strict liability.

(7) A court may vary or revoke a direction given by a court under this section. However, only the District Court may vary or revoke a direction given by the District Court.

(8) In this section—

apprehended violence order proceedings include proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO.

court includes a Registrar.

s 45: Am 2016 No 9, Sch 1 [6]; 2024 No 59, Sch 1[14].

Right to presence of supportive person when giving evidence

46 Right to presence of supportive person when giving evidence

(1) In this section—

party—

(a) to apprehended violence order proceedings, means the person for whose protection the relevant order is sought or the defendant, and

(b) to serious domestic abuse prevention order proceedings, means the following—

(i) the person against whom the order is sought or made,

(ii) a family member, within the meaning of Part 10A, of the person,

(iii) a former or current intimate partner of the person,

(iv) a person in a domestic relationship with an intimate partner of the person.

(2) A party to apprehended violence order proceedings or serious domestic abuse prevention order proceedings is entitled to choose a person whom the party would like to have present near him or her when giving evidence.

(3) Without limiting a party’s right to choose such a person, that person—

(a) may be a parent, guardian, relative, friend or support person of the party, and

(b) may be with the party as an interpreter, for the purpose of assisting the party with any difficulty in giving evidence associated with a disability, or for the purpose of providing the party with other support.

(4) To the extent that the court considers it reasonable to do so, the court must make whatever direction is appropriate to give effect to a party’s decision to have such a person present near the party, and within the party’s sight, when the party is giving evidence.

(5) The court may permit more than one support person to be present with the party if the court thinks that it is in the interests of justice to do so.

Note.

Section 306ZK of the Criminal Procedure Act 1986 contains similar provisions to section 46 of this Act in relation to the giving of evidence in apprehended violence order proceedings by vulnerable persons, that is children and intellectually impaired persons.

Section 294B of the Criminal Procedure Act 1986 enables a protected person in apprehended violence order proceedings who is the alleged victim of a prescribed sexual offence (within the meaning of that Act) by the defendant to give evidence from a place other than the courtroom by means of closed-circuit television facilities or other communication facilities or to give evidence in the courtroom if certain measures have been taken to restrict contact with the accused person.

s 46: Am 2024 No 59, Sch 1[15] [16].

Part 10

Applications for final apprehended violence orders and interim court orders and associated proceedings

Part 10 Applications for final apprehended violence orders and interim court orders and associated proceedings

Division 1

Preliminary

Division 1 Preliminary

Definitions

47 Definitions

In this Part—

application—

(a) for Division 5—see section 72, or

(b) otherwise—for an order, means an application to a court for the making of a final apprehended violence order or an interim court order.

application proceedings means proceedings in relation to an application for an order.

authorised officer has the same meaning as in the Criminal Procedure Act 1986 and includes the Registrar of the Children’s Court.

court means the Local Court or the Children’s Court.

Judge means a Judge of the Local Court and includes a Children’s Judge.

police-initiated order means a final apprehended violence order or an interim court order where—

(a) the application for the order was made by a police officer, or

(b) a police officer was a party to the application proceedings for the order.

rules means rules of court made under the Local Court Act 2007 or the Children’s Court Act 1987.

s 47: Am 2020 No 36, Sch 1[15]; 2025 No 61, Sch 2.26[2].

Division 2

Application for order

Division 2 Application for order

Making of application for an order

48 Making of application for an order

(1) An application for an order is to be made in accordance with this Part, despite any provision of any other Act or law (whether or not enacted or made before or after the commencement of this section).

(2) An application for an order may be made only by—

(a) a person for whose protection the order would be made, or

(a1) the guardian of the person for whose protection the order would be made, in the case of a person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force, or

(b) a police officer, or

(c) in the case of a child being subjected to coercion to enter into a forced marriage (within the meaning of section 93AC of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage)) for whose protection an order would be made—the Secretary of the Department of Communities and Justice or a person authorised by the Secretary to make applications under this section on the Secretary’s behalf or any other person prescribed by the regulations.

(3) Despite subsection (2), an application for an order (other than an application under subsection (2) (c)) may be made only by a police officer if, at the time the application is made, each person for whose protection the order would be made is a child.

(4) An application for an order—

(a) may be made by more than one person, and

(b) if made by a police officer, may be made on behalf of more than one person, and

(c) if made by a person for whose protection the order would be made (the applicant), may also be made by the applicant on behalf of any other person with whom the applicant has a domestic relationship.

(4A) A court may refer an application for an order to the Commissioner of Police at any time if—

(a) the applicant is not a police officer, and

(b) a person for whose protection the order would be made is a child at the time of the application, and

(c) the court considers that it would be in the best interests of the child for a police officer to appear in the application.

(5) A court may deal with an application even though the court has only a facsimile transmission or other copy of the application.

(6) An applicant for an order who is 16 years of age or over, but under 18 years of age, has full capacity to make the application and to apply for a variation or revocation of the order.

(7) A reference in sections 52, 55(2), 73(4), 77(7), 78(1) and 84(6) to a protected person includes a reference to the guardian of the person in the case of an application for an order made by the guardian of a person on the person’s behalf (as referred to in subsection (2)(a1)).

s 48: Am 2008 No 119, Sch 1 [8], 2012 No 67, Sch 3.1 [1] [2]; 2016 No 33, Sch 1 [23] [24]; 2018 No 30, Sch 5.3[8] [9].

Circumstances in which police must make application for order

49 Circumstances in which police must make application for order

(1) An application for an order must be made if a police officer investigating the matter concerned suspects or believes that—

(a) a domestic violence offence or an offence against section 13 has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or

(b) an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 (but only in relation to a child) has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or

(c) proceedings have been commenced against a person for an offence referred to in paragraph (a) or (b) against the person for whose protection an order would be made.

(2) The application may be made by any police officer.

(3) An application need not be made in the circumstances referred to in subsection (1) if an apprehended violence order is already in force for the protection of the person concerned or if an application has been made for a provisional order for the protection of the person.

(4) An application need not be made in the circumstances referred to in subsection (1) if the person for whose protection an apprehended violence order would be made is at least 16 years of age at the time and the police officer investigating the matter believes—

(a) that the person intends to make the application, or

(b) that there is good reason not to make the application.

(5) However, if the police officer investigating the matter believes that there is good reason not to make the application, the police officer must make a written record of the reason.

(6) For the purposes of subsection (4), the reluctance of the person to make an application does not, on its own, constitute a good reason for a police officer not to make an application if the police officer reasonably believes that—

(a) the person has been the victim of violence or there is a significant threat of violence to the person, or

(b) the person has an intellectual disability and has no guardian.

49A

False or misleading applications for apprehended personal violence order

49A False or misleading applications for apprehended personal violence order

A person is guilty of an offence if—

(a) the person makes a statement (whether orally, in a document or in any other way), and

(b) the person does so knowing that the statement is false or misleading in a material particular, and

(c) the statement is made to a Registrar or Judge for the purpose of making an application for an apprehended personal violence order under section 18.

Maximum penalty—Imprisonment for 12 months or 10 penalty units, or both.

s 49A: Ins 2013 No 87, Sch 2 [5]. Am 2025 No 61, Sch 2.26[3].

Division 3

Commencement of application proceedings

Division 3 Commencement of application proceedings

Commencement of proceedings by application notice

50 Commencement of proceedings by application notice

(1) Application proceedings are to be commenced in a court by the issuing and filing of an application notice in accordance with this Division.

(2) The regulations may make provision for or with respect to the form of an application notice for an apprehended violence order under this Division or for the information to be included in the application notice.

(3) Without limiting subsection (2), the regulations may require inclusion of the following information in an application notice for an apprehended personal violence order—

(a) whether there is an existing commercial relationship between the applicant and the defendant,

(b) whether there is an outstanding debt owed by the defendant to the applicant or by the applicant to the defendant,

(c) whether there have been previous civil or criminal proceedings between the applicant and the defendant,

(d) that it is an offence under this Act to make a statement in the application that the applicant knows is false or misleading in a material particular.

(4) Without limiting subsection (2), the regulations may require inclusion of the following information in an application notice for an apprehended domestic violence order—

(a) whether there are any current proceedings under the Family Law Act 1975 of the Commonwealth that may be relevant to the application,

(b) whether any property orders have been made or are being sought under that Act that may be relevant to the application and the terms of those orders,

(c) if a parenting order has been made under that Act and the application may affect that order—the basis on which the parenting order was made and the reasons why the applicant believes that the court (to which the application is being made) should intervene.

s 50: Am 2014 No 59, Sch 1.2; 2016 No 33, Sch 1 [25].

Commencement of proceedings by police officer

51 Commencement of proceedings by police officer

If an application for an order is made by a police officer, the police officer may commence the proceedings by issuing an application notice and filing the notice in accordance with this Division.

Commencement of proceedings by protected person

52 Commencement of proceedings by protected person

If an application for an order is made by a protected person, the person may commence the proceedings by issuing an application notice, signed by a registrar, and filing the notice in accordance with this Division.

52A

Commencement of proceedings by Secretary of Department of Communities and Justice

52A Commencement of proceedings by Secretary of Department of Communities and Justice

If an application for an order is made by the Secretary of the Department of Communities and Justice, the Secretary may commence the proceedings by issuing an application notice, signed by a registrar, and filing the notice in accordance with this Division.

s 52A: Ins 2018 No 30, Sch 5.3[10].

Discretion to refuse to issue process in apprehended personal violence order matters

53 Discretion to refuse to issue process in apprehended personal violence order matters

(1) An authorised officer or a Registrar may, in accordance with this section, refuse to issue process where an application for an apprehended personal violence order is made unless the application was made by a police officer.

(2) An authorised officer refuses to issue process by deciding not to issue a warrant referred to in section 88.

(3) A Registrar refuses to issue process by deciding not to sign and file an application notice.

(4) An authorised officer or a Registrar may refuse to issue process if satisfied that the application—

(a) is frivolous, vexatious, without substance or has no reasonable prospect of success, or

(b) could be dealt with more appropriately by mediation or other alternative dispute resolution.

(5) Unless satisfied that there are compelling reasons for doing so, an authorised officer or a Registrar is not to refuse to issue process if the application discloses allegations of any of the following—

(a) a personal violence offence,

(b) an offence under section 13,

(c) harassment relating to the protected person’s race, religion, homosexuality, transgender status, or disability,

(d) harassment relating to the protected person being a person living with HIV/AIDS.

(6) In determining whether or not to issue process, the authorised officer or Registrar must take the following matters into account—

(a) the nature of the allegations,

(b) whether the matter is amenable to mediation or other alternative dispute resolution,

(c) whether the parties have previously attempted to resolve the matter by mediation or other means,

(d) the availability and accessibility of mediation or other alternative dispute resolution services,

(e) the willingness and capacity of each party to resolve the matter otherwise than through an application for an apprehended personal violence order,

(f) the relative bargaining powers of the parties,

(g) whether the application is in the nature of a cross application,

(h) any other matters that the authorised officer or Registrar considers relevant.

(7) If the authorised officer or Registrar refuses to issue process under this section, the authorised officer or Registrar must record the reasons for doing so in writing.

(8) If a Registrar refuses to accept an application notice for filing, the question of whether the application notice is to be accepted for filing is to be determined by a Judge on the application of the applicant.

s 53: Am 2013 No 87, Sch 2 [6]; 2024 No 71, Sch 3[4]; 2024 No 82, Sch 2.3; 2025 No 61, Sch 2.26[3].

Application notice to be for one matter only

54 Application notice to be for one matter only

An application notice may not relate to more than one matter.

Service of application notice

55 Service of application notice

(1) An application notice issued by a police officer must be served by a police officer in accordance with the rules.

(2) An application notice issued by a protected person must be served by a person authorised by the rules in accordance with the rules.

(2A) An application notice issued by the Secretary of the Department of Communities and Justice must be served by a person authorised by the rules in accordance with the rules.

(3) A copy of an application notice must be filed in the relevant court in accordance with the rules.

s 55: Am 2018 No 30, Sch 5.3[11].

When proceedings commence

56 When proceedings commence

Application proceedings are taken to have commenced on the date on which an application notice is filed.

Division 4

Hearing of application proceedings

Division 4 Hearing of application proceedings

Time for hearing

57 Time for hearing

(1) On the first return date for an application notice in any proceedings, or at such later time as the court determines, the court must set the date, time and place for hearing and determining the matter.

(2) The court must notify the defendant of the date, time and place, if the defendant is not present.

(3) However, if the defendant is not present at the first return date or at any subsequent mention of the proceedings, the court may proceed to hear and determine the matter on the first or subsequent day on which the matter is listed for mention at its discretion.

(4) The court may not proceed to hear and determine the matter unless it is satisfied that the defendant had reasonable notice of the first return date or the date, time and place of the hearing.

Note.

The powers of the court to adjourn proceedings are set out in section 65.

s 57: Am 2017 No 44, Sch 1.6 [2]–[4].

57A

Procedure if party not present on hearing date

57A Procedure if party not present on hearing date

(1) In this section, party to application proceedings means the person for whose protection the relevant order is sought or the defendant.

(2) If one or more parties to application proceedings are not present on the day and at the time and place set for the hearing of the matter (including a day to which the hearing has been adjourned), the court may proceed to hear and determine the matter in the absence of those parties if the court is satisfied that—

(a) each absent party had reasonable notice of the first return date or the date, time and place of the hearing, and

(b) it is otherwise in the interests of justice to do so.

(3) Before determining the matter, the court must consider the grounds set out in the application notice (if any) and any written statement provided to the court by a police officer.

s 57A: Ins 2016 No 33, Sch 1 [26].

Proceedings to be open to public unless defendant is under the age of 18 years

58 Proceedings to be open to public unless defendant is under the age of 18 years

(1) Application proceedings before the court are to be heard—

(a) in the absence of the public, if the defendant is under the age of 18 years, or

(b) in open court, in any other circumstances.

(2) If application proceedings are heard in the absence of the public, the court may, if the court considers it to be appropriate, permit persons who are not parties to the proceedings, or who are not Australian legal practitioners or other persons who represent the parties to the proceedings, to be present during the hearing of the proceedings.

(3) This section is subject to Part 9 and the provisions of any other Act or law.

s 58: Subst 2018 No 88, Sch 2 [3].

Change of venue

59 Change of venue

The court may make an order changing the venue of the proceedings if it thinks it appropriate in the circumstances.

Right to defend action

60 Right to defend action

A defendant in application proceedings may defend the action and any proceedings ancillary to the action.

Right of representation

61 Right of representation

(1) An applicant or defendant may appear personally or by an Australian legal practitioner or other representative empowered by an Act or other law to appear for the applicant or defendant.

(2) An applicant who is a police officer may appear personally or by a person permitted by subsection (1) or by a police prosecutor.

Conduct of case

62 Conduct of case

(1) The applicant’s case may be conducted by the applicant or by the applicant’s Australian legal practitioner or any other representative permitted to appear for the applicant (whether under this or any other Act).

(2) The defendant’s case may be conducted by the defendant or by the defendant’s Australian legal practitioner or any other representative permitted to appear for the defendant (whether under this or any other Act).

Evidence to be on oath

63 Evidence to be on oath

The usual oath must be administered to a witness before the witness is examined.

Note.

For the form of oaths and declarations see the Oaths Act 1900.

Recording of evidence

64 Recording of evidence

(1) The evidence of each witness in application proceedings must be recorded.

(2) Rules may be made for or with respect to the manner in which the evidence may be recorded and the authentication of evidence or of transcripts of evidence given in proceedings.

Adjournments

65 Adjournments

(1) The court may at any stage of proceedings adjourn the proceedings to a specified time and place.

(2) An adjournment of proceedings may be in such terms as the court thinks fit.

Irregularity

66 Irregularity

(1) If, in or in connection with application proceedings or the commencement of application proceedings, there is a failure to comply with any requirement of this Act or the rules, the failure is to be treated as an irregularity and does not nullify the proceedings or any step taken in the proceedings, or any judgment, document or order in the proceedings.

(2) Subsection (1) applies to a failure to comply with a requirement relating to time, place, manner, form or content or any other failure.

(3) In the case of an irregularity, the court may, on terms, set aside wholly or in part the proceedings or any step taken in the proceedings or any document, judgment or order in the proceedings or exercise its powers under the rules to allow judgments and to make orders dealing with the proceedings generally.

(4) The court must not take action under subsection (3) on the application of a party unless that application is made within a reasonable time and before the party has taken any fresh step after becoming aware of the irregularity.

Power to dispense with rules

67 Power to dispense with rules

(1) In relation to particular application proceedings, the court may, if of the opinion that it is in the interests of justice to do so, dispense with or vary a requirement of the rules.

(2) For the purposes of subsection (1), the court may make directions as to the conduct of application proceedings.

(3) The power conferred by this section does not extend to any rule declared by the rules to be mandatory.

Power to stay proceedings

68 Power to stay proceedings

(1) Subject to the rules, the court may at any time and from time to time, by order, stay any application proceedings before it, either permanently or until a specified day.

(2) The power to stay proceedings includes power to order a stay of the enforcement of an order.

Arrest of defendant during proceedings

69 Arrest of defendant during proceedings

(1) A Judge may, at any time when or after a matter is first before the court and before it is finally disposed of by the court, issue a warrant to arrest a defendant if the defendant fails to appear personally or to appear by an Australian legal practitioner or other representative and the Judge is satisfied that the defendant had notice of the date, time and place of the proceedings.

(2) A Judge before whom a defendant is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant—

(a) committing the defendant to a correctional centre or other place of security, and

(b) ordering the defendant to be brought before the court at the date, time and place specified in the order.

(3) The Judge must give notice of the date, time and place set to the applicant.

s 69: Am 2025 No 61, Schs 2.26[3], 3.6[1].

Witnesses and production of evidence

70 Witnesses and production of evidence

The provisions of Part 3 of Chapter 4 of the Criminal Procedure Act 1986 apply, with any necessary modifications, to application proceedings in the same way as they apply to proceedings for summary offences under that Act.

Warrants of arrest and warrants of commitment

71 Warrants of arrest and warrants of commitment

The provisions of Part 4 of Chapter 4 of the Criminal Procedure Act 1986 apply, with any necessary modifications, to warrants of arrest, or warrants of commitment, issued under this Act in the same way as they apply to warrants of arrest or warrants of commitment issued under that Act.

Division 5

Variation or revocation of final apprehended violence orders or interim court orders

Division 5 Variation or revocation of final apprehended violence orders or interim court orders

Definitions

72 Definitions

In this Division—

application means an application for the variation or revocation of a final apprehended violence order or interim court order.

interested party, in relation to an order, means each of the following—

(a) each protected person under the order (whether or not the protected person made the application for the original order),

(b) each guardian of a protected person under the order, in the case of a protected person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force,

(c) in the case of a protected person who is a child—

(i) each parent of a protected person under the order, and

(ii) the Secretary of the Department of Family and Community Services,

(d) the defendant.

s 72: Am 2008 No 119, Sch 1 [9]; 2012 No 67, Sch 3.1 [3]. Subst 2016 No 33, Sch 1 [27]. Am 2020 No 36, Sch 1[16].

72A

Making of application—general

72A Making of application—general

(1) An application may be made to a court at any time.

(2) An application may be made only by a police officer or by an interested party in relation to the order.

(3) An application must set out the grounds on which the application is made and, in the case of a variation, the nature of the variation sought. This subsection does not limit the powers of the court.

ss 72A–72D: Ins 2016 No 33, Sch 1 [27].

72B

Making of application—police-initiated order where protected person is child

72B Making of application—police-initiated order where protected person is child

(1) An interested party in relation to a police-initiated order requires leave of a court to make an application to the court in respect of the order if the protected person (or one of the protected persons) under the order is a child.

(2) The court may grant leave for the interested party to make the application if the court is satisfied of any one or more of the following—

(a) that there has been a significant change in circumstances since the order was made (or was last varied),

(b) that the application is proposed to be made by the Secretary of the Department of Family and Community Services on the basis that a care plan (within the meaning of the Children and Young Persons (Care and Protection) Act 1998) for the child is inconsistent with the police-initiated order,

(c) that it is otherwise in the interests of justice to do so.

(3) The court is not to grant leave if it is of the opinion that the application, if successful, would significantly increase the risk of harm to the child.

ss 72A–72D: Ins 2016 No 33, Sch 1 [27].

72C

Commissioner must be notified if application relates to police-initiated order

72C Commissioner must be notified if application relates to police-initiated order

(1) The court must decline to hear an application in respect of a police-initiated order unless—

(a) the application is made by a police officer, or

(b) the court is satisfied that notice of the application has been served on the Commissioner of Police in accordance with the rules of the court.

(2) The Commissioner of Police has standing to appear in proceedings for the variation or revocation of any police-initiated order.

ss 72A–72D: Ins 2016 No 33, Sch 1 [27].

72D

Notification of application if protected person is child

72D Notification of application if protected person is child

The court may notify an application to the Commissioner of Police and any interested party and give the Commissioner and interested party standing to appear in proceedings if the protected person (or one of the protected persons) under the order is a child at the time of the application and the court considers it to be in the best interests of the child to do so.

ss 72A–72D: Ins 2016 No 33, Sch 1 [27].

Variation or revocation of final apprehended violence orders and interim court orders

73 Variation or revocation of final apprehended violence orders and interim court orders

(1) The court may, if satisfied that in all the circumstances it is proper to do so, vary or revoke a final apprehended violence order or interim court order.

(2) In particular, a final apprehended violence order or interim court order may be varied under this section in any one or more of the following ways—

(a) by extending or reducing the period during which the order is to remain in force,

(b) by amending or deleting any prohibitions or restrictions specified in the order,

(c) by specifying additional prohibitions or restrictions in the order.

(3) The court may decline to hear an application in respect of an order if the court is satisfied that there has been no 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.

(4) A final apprehended violence order or interim court order is not to be varied or revoked on the application of the defendant unless notice of the application has been served on each protected person to whom the order relates.

(5) A final apprehended violence order or interim court order is not to be varied or revoked on the application of the applicant for the original order or protected person unless notice of the application has been served on the defendant.

(6) Notice of an application must be served personally or in such other manner as the court hearing the application directs.

(7) Despite subsection (5), the court may make an order extending the period during which the final apprehended violence order or interim court order is to remain in force without notice of the relevant application having been served on the defendant, if the applicant lodged the application before the day on which the apprehended violence order or interim court order is due to expire.

(8) If an application for the extension of a final apprehended violence order or interim court order is made before the order expires, the order is taken to continue in force until the application is dealt with by the court.

(9) Unless sooner revoked, an order extended under subsection (7) ceases to have effect 21 days after the order extending it is made or on an earlier date specified in the order extending it. However, further orders may be made from time to time under that subsection before the extended order ceases to have effect.

s 73: Am 2016 No 33, Sch 1 [28].

Variation or revocation of final apprehended violence orders and interim court orders where more than one protected person

74 Variation or revocation of final apprehended violence orders and interim court orders where more than one protected person

(1) This section applies to a final apprehended violence order or interim court order if there is more than one protected person under the order.

(2) An order to which this section applies may be varied or revoked in its application to all of the protected persons or in relation to any one or more of the protected persons.

(3) If an application in respect of an order to which this section applies is made by one of the protected persons under the order, none of the other protected persons can be the subject of the variation or revocation unless the court is satisfied that he or she is at least 16 years of age and has consented to the variation or revocation.

s 74: Am 2016 No 33, Sch 1 [29] [30].

Variation may be made on guilty plea or guilt finding for certain offences

75 Variation may be made on guilty plea or guilt finding for certain offences

(1) If a person pleads guilty to, or is found guilty of, a serious offence, the court may vary a final apprehended violence order or an interim court order for the purpose of providing greater protection for the person against whom the offence was committed whether or not an application to vary the order has been made under this Division.

(2) In this section—

court includes the District Court.

serious offence has the same meaning as in section 40.

s 75: Am 2017 No 44, Sch 1.6 [5] [6].

Division 6

Ancillary provisions

Division 6 Ancillary provisions

Explanation of final apprehended violence orders, interim court orders and variations

76 Explanation of final apprehended violence orders, interim court orders and variations

(1) A court that makes a final apprehended violence order or interim court order must explain to the defendant and the protected person (if either of them is present at the time the order is made)—

(a) the effect of the order (including any prohibitions and restrictions imposed by the order), and

(b) the consequences that may follow from a contravention of the order, and

(c) the rights of the defendant and the protected person in relation to the order.

(2) A court that varies a final apprehended violence order or interim court order must explain to the defendant and the protected person (if either of them is present at the time the variation is made)—

(a) the effect of the variation, and

(b) the consequences that may follow from a contravention of the order as varied.

(3) A court that makes a final apprehended violence order or interim court order is also to cause a written explanation of the matters required to be explained under this section to be given to the defendant and protected person.

(4) In so far as it is reasonably practicable to do so, an explanation under this section is to be given in a language that is likely to be readily understood by the person being given the explanation.

(5) A failure to comply with this section in relation to an order does not affect the validity of the order.

Service of copy of apprehended violence order, interim court order or variation or revocation of any such order

77 Service of copy of apprehended violence order, interim court order or variation or revocation of any such order

(1) The Registrar of a court that makes a final apprehended violence order or interim court order is to prepare a written copy of the order.

(2) The Registrar of a court that varies or revokes a final apprehended violence order or interim court order is to prepare a written record of the variation or revocation.

(3) The Registrar of the court is to serve a copy of the order or of the record of the variation or revocation of the order personally on the defendant if the defendant is present in court.

(4) If the defendant is not present at the time the order is made, the Registrar is to arrange for a copy of the order or the record of the variation or revocation to be served personally on the defendant by a police officer or such other person as the Registrar thinks fit.

(5) If the defendant is present at the time the order is made but the Registrar is unable to serve a copy of the order or the written record of the variation or revocation personally on the defendant, the Registrar is to arrange for a copy of the order or record to be sent by post to the defendant or to such other person as the Registrar thinks fit.

(6) Service on the defendant of the copy of the order or record concerned may be effected in such other manner as the court directs.

(7) The Registrar of the court is to cause a copy of the order or record, and a copy of any application for an order or variation or revocation, to be forwarded to the Commissioner of Police and (unless it is impracticable or unnecessary to do so) to be given to or sent by post to each protected person.

(8) The Commissioner of Police is to make a record of the details of the material forwarded to the Commissioner under this section and is to retain that record for at least 10 years after the order to which it relates ceases to be in force.

Orders made with consent of parties

78 Orders made with consent of parties

(1) A court may make a final apprehended violence order, or an interim court order, without being satisfied as to the matters that are prerequisites to the making of those orders if the protected person and the defendant consent to the making of the order.

(2) Such an order may be made whether or not the defendant admits to any or all of the particulars of the application.

(3) Before making such an order, the court may conduct a hearing in relation to the particulars of the application but only if—

(a) the order to be made by the court is a final apprehended violence order, and

(b) the court is of the opinion that the interests of justice require it to conduct the hearing.

(4) In this section—

court includes the District Court.

s 78: Am 2016 No 33, Sch 1 [31].

Duration of apprehended personal violence orders

79 Duration of apprehended personal violence orders

(1) An apprehended personal violence order remains in force for such period as is specified in the order by the court.

(2) The period specified in the order by the court is to be as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person.

(3) If the court fails to specify a period in the order, the order remains in force for a period of 12 months after the date that the order is made.

(4) This section is subject to section 73 (Variation or revocation of final apprehended violence orders and interim court orders).

s 79: Am 2018 No 83, Sch 1[4] (am 2019 No 20, Sch 1.8[2] [3]).

79A

Duration of apprehended domestic violence orders

79A Duration of apprehended domestic violence orders

(1) An apprehended domestic violence order remains in force for—

(a) the period specified in the order by the court, or

(b) if the court fails to specify a period in the order, the default period.

(2) The period specified is to be as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person.

(3) In forming the opinion, the court is to consider the following matters—

(a) the circumstances of the protected person and that person’s views,

(b) the circumstances of the defendant and, if the defendant was under 18 years of age when the application for the order was first made, the impact of the order if the duration of the order were to be more than the default period,

(c) any material that the court relied on under sections 16 and 17 in deciding to make an apprehended domestic violence order,

(d) any other matter that the court considers to be relevant.

Note.

Section 9(4) requires the court to be guided by the objects referred to in section 9 when exercising a power in relation to domestic violence. Section 9(3)(d) may be of particular relevance when determining the appropriate duration for an apprehended domestic violence order.

(4) The court may form the opinion at the same time that it decides to make the order under Part 4.

(5) This section is subject to sections 39 and 73.

(6) In this section—

default period means—

(a) if the order relates to a defendant who was under 18 years of age when the application for the order was first made—1 year after the date the order is made, or

(b) in any other case—2 years after the date the order is made.

s 79A: Ins 2018 No 83, Sch 1[5] (am 2019 No 20, Sch 1.8[4]). Am 2020 No 36, Sch 1[17].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act is the Crimes (Domestic and Personal Violence) Act 2007.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

(1) In this Act—

applicant officer—see section 25.

apprehended domestic violence order means an order under Part 4.

apprehended personal violence order means an order under Part 5.

apprehended violence order means—

(a) a final apprehended violence order, or

(b) an interim apprehended violence order.

apprehended violence order proceedings means proceedings under this Act in relation to an apprehended violence order or an application for an apprehended violence order.

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 and includes the Registrar of the Children’s Court.

child means a person under the age of 16 years.

Children’s Judge means a person appointed under the Children’s Court Act 1987 to be a Children’s Judge and includes the President of the Children’s Court.

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

court means—

(a) the Local Court, or

(b) the Children’s Court,

(c) (Repealed)

exercising jurisdiction under section 91.

defendant means the person against whom an apprehended violence order is made or is sought to be made.

domestic abuse—see section 6A.

domestic relationship—see section 5.

domestic violence offence—see section 11.

final apprehended violence order means an apprehended domestic violence order or an apprehended personal violence order.