Domestic and Family Violence Protection Rules 2014
sec.19BObligation to give respondent copy of criminal history and domestic violence history
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sec.19B Obligation to give respondent copy of criminal history and domestic violence history
This rule applies if the police commissioner is required under the DFVP Act, section 36A or 90A to ensure a copy of the respondent’s criminal history and domestic violence history (the respondent’s history ) is filed in or given to a DFVP court in relation to a DFVP application. The police commissioner must ensure a copy of the respondent’s history is given to the respondent before the first hearing of the DFVP application by the DFVP court. However, subrule (2) does not apply if— the police commissioner believes the respondent has obtained a copy of the respondent’s history from another person; or giving the respondent a copy of the respondent’s history is not reasonably practicable in the circumstances. Without limiting subrule (3) (b) , giving the respondent a copy of the respondent’s history is not reasonably practicable if the police commissioner can not locate the respondent after making all reasonable inquiries. r 19B ins 2023 SL No. 96 s 12 sub 2024 SL No. 213 s 3 (sec.19B-ssec.1) This rule applies if the police commissioner is required under the DFVP Act, section 36A or 90A to ensure a copy of the respondent’s criminal history and domestic violence history (the respondent’s history ) is filed in or given to a DFVP court in relation to a DFVP application. (sec.19B-ssec.2) The police commissioner must ensure a copy of the respondent’s history is given to the respondent before the first hearing of the DFVP application by the DFVP court. (sec.19B-ssec.3) However, subrule (2) does not apply if— the police commissioner believes the respondent has obtained a copy of the respondent’s history from another person; or giving the respondent a copy of the respondent’s history is not reasonably practicable in the circumstances. (sec.19B-ssec.4) Without limiting subrule (3) (b) , giving the respondent a copy of the respondent’s history is not reasonably practicable if the police commissioner can not locate the respondent after making all reasonable inquiries.
- (a) the police commissioner believes the respondent has obtained a copy of the respondent’s history from another person; or
- (b) giving the respondent a copy of the respondent’s history is not reasonably practicable in the circumstances.