103Z Law enforcement agencies may obtain DVO information
A local law enforcement agency may obtain information about a
DVO from an issuing authority of this or another jurisdiction, or from
an interstate law enforcement agency, and use that information for
the purpose of exercising its law enforcement functions.
103ZA Information to be provided to law enforcement agencies
A local law enforcement agency must provide to an interstate law
enforcement agency any information it holds about a DVO that the
interstate law enforcement agency reasonably requests for the
purpose of exercising its law enforcement functions.
Domestic and Family Violence Act 2007 88
103ZB Certificate evidence – notification
(1) An authorised officer of the Territory may issue a certificate in
writing certifying any of the following matters:
(a) that the making of a local DVO has been properly notified
under the law of the Territory;
(b) that a variation of a DVO that was done in the Territory has
been properly notified under the law of the Territory.
(2) The certificate is admissible in evidence in any proceedings and is
evidence of the matters certified.
(3) A certificate in writing purporting to be signed by an authorised
officer of another jurisdiction and certifying any of the following
matters is admissible in evidence in any proceedings and is
evidence of the matters certified:
(a) that the making of a DVO in that jurisdiction has been properly
notified under the law of that jurisdiction;
(b) that a variation to a DVO that was done in that jurisdiction has
been properly notified under the law of that jurisdiction.
(4) In any document, the words "authorised officer" after a signature
are evidence that the person whose signature it purports to be is in
fact an authorised officer.
authorised officer means:
(a) of another jurisdiction – a person (whether or not designated
as an authorised officer) who is authorised under the law of
another jurisdiction to issue a certificate certifying that the
making or variation of a DVO has been properly notified under
the law of that jurisdiction; or
(b) of the Territory:
(i) a registrar of a court of the Territory; or
(ii) a police officer of or above the rank of sergeant.
Domestic and Family Violence Act 2007 89
103ZC Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as any of the following:
(a) an issuing authority;
(b) a person assisting an issuing authority;
(c) a member of a local law enforcement agency.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) To avoid doubt, subsection (1) applies to acts done or omitted to be
done as a result of a failure by a person mentioned in that
subsection to obtain current information about a DVO or an order in
the nature of a DVO.
(4) This section has effect subject to:
(a) Part VIIA of the Police Administration Act 1978 to the extent it
relates to the civil liability of a person who is or has been a
police officer; and
(b) the Courts and Administrative Tribunals (Immunities) Act 2008
to the extent that it relates to the liability of a person who is a
member of a court or tribunal within the meaning of that Act.
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
Section 103Z - Domestic and Family Violence Act 2007 - Law enforcement agencies may obtain DVO information | Zoe
Domestic and Family Violence Act 2007 90
Part 3A.6 Provisions consequential on enactment of
Domestic and Family Violence (Recognition of
Domestic Violence Orders) (National Uniform
Law) Amendment Act 2017
103ZD Definition
commencement date means the day on which the Domestic and
Family Violence (Recognition of Domestic Violence Orders)
(National Uniform Law) Amendment Act 2017 commences.
103ZE Enforcement of DVOs under other provisions
(1) This Chapter does not affect the enforceability in the Territory,
otherwise than under this Chapter, of any local DVO made before
the commencement date.
(2) This Chapter does not affect the enforceability in the Territory
otherwise than under this Chapter, of any external order registered
in the Territory, before the commencement date, under Chapter 3.
(3) However, a DVO made in the Territory before the commencement
date can be superseded under section 103H, on or after the
commencement date, by a recognised DVO that is made later.
103ZF DVOs made in the Territory
Part 3A.2 applies to any local DVO or foreign order that is made in
the Territory on or after the commencement date, or an earlier date
prescribed by regulation.
103ZG DVOs made in other jurisdictions
(1) Part 3A.2 applies to any DVOs made in another participating
jurisdiction that are recognised DVOs in that jurisdiction under the
corresponding law for that jurisdiction.
Domestic and Family Violence Act 2007 91
(2) To avoid doubt, section 103E extends to the following DVOs:
(a) any interstate DVO that was made in another participating
jurisdiction before the commencement date that is a
recognised DVO in that jurisdiction; and
(b) any foreign order that became a registered foreign order in
another participating jurisdiction before the commencement
date that is a recognised DVO in that jurisdiction.
(3) Sections 103F and 103G extend to any variation or revocation of a
DVO mentioned in subsection (2), that was done in a participating
jurisdiction before the commencement date, as if the DVO were a
(4) However, a non-local DVO, and any variation to a non-local DVO,
does not become enforceable against the respondent in the
Territory, under this Chapter, until the commencement date (even if
the making of the DVO, or variation, was properly notified before
that date).
103ZH DVOs declared to be recognised DVOs
(1) Each of the following DVOs is also taken to be a recognised DVO:
(a) any DVO that is declared by a registrar of a court of the
Territory to be a recognised DVO in the Territory under
Division 4;
(b) any DVO that is declared by a registrar of a court of another
participating jurisdiction to be a recognised DVO in that
jurisdiction under a corresponding law.
(2) A recognised DVO referred to in subsection (1) becomes
enforceable against the respondent in the Territory, under this
Chapter, when the declaration is made (despite section 103K).
103ZI DVOs declared to be recognised in other jurisdictions before
commencement date
(1) To avoid doubt, section 103ZH extends to a DVO declared by a
registrar of a court of another participating jurisdiction to be a
recognised DVO before the commencement date.
Domestic and Family Violence Act 2007 92
(2) Sections 103F and 103G extend to any variation or revocation of a
DVO mentioned in subsection (1), that was done in a participating
jurisdiction before the commencement date, as if the DVO were a
(3) However, the DVO, and any variation to the DVO, does not become
enforceable against the respondent in the Territory, under this
Chapter, until the commencement date.
103ZJ Definition
registrar means a registrar of a court of the Territory that has
power to make a local DVO.
103ZK Power to declare DVO to be recognised
(1) A registrar may, by order, declare any DVO made in any jurisdiction
to be a recognised DVO in the Territory.
(2) A declaration may be made in relation to any DVO made in any
jurisdiction that is in force in the issuing jurisdiction and is not a
recognised DVO in the Territory.
(3) The jurisdiction in which the DVO was made does not have to be a
(4) A registrar must make a declaration under this section if an
application for the declaration is made in accordance with this Part,
unless the registrar decides to refuse to make the declaration in the
interests of justice.
(5) Without limiting subsection (4), the registrar may refuse to make the
declaration if the registrar is not satisfied that the respondent has
been properly notified of the making of the DVO under the law of
the jurisdiction in which the DVO was made.
Note for subsection (5)
Under section 103ZH, the DVO becomes enforceable against the respondent
when the declaration is made. Subsection (7) specifies that notice of the
declaration is not to be served on the respondent unless the person making the
application consents to service.
(6) However, a registrar cannot declare a general violence order to be
a recognised DVO in the Territory.
Domestic and Family Violence Act 2007 93
(7) Notice of a declaration is not to be served on the respondent unless
the person who makes the application consents to service.
Note for section 103ZK
Under section 103D, a foreign order is taken to be made in any jurisdiction in
which it is registered as a registered foreign order. Accordingly, this section
extends to registered foreign orders.
103ZL Application for order
(1) An application for a declaration that a DVO is a recognised DVO in
the Territory may be made by any person who would be able to
make an application for variation of the DVO if the DVO were a
(2) The application must:
(a) be made in a form approved by the registrar; and
(b) be accompanied by any information or evidence the registrar
requires.
Note for section 103ZL
It is only necessary to make an application in one participating jurisdiction. Under
section 103ZH, once a declaration is made in any participating jurisdiction the
DVO will be treated as a recognised DVO in all participating jurisdictions.
103ZM Functions of registrar may be exercised by court
A court with power to make a local DVO may exercise any of the
functions of a registrar of the court under this Part.