26Decision about hearing of application

26 Decision about hearing of application

(1)  A court that deals with an application for variation or revocation of a non-local DVO may decide to hear the application or decline to hear the application.

(2)  In making that decision, the court may consider the following matters (to the extent relevant):

(a) the jurisdiction in which the defendant and the protected person or persons under the DVO generally reside or are employed;

(b) any difficulty the respondent to the proceedings may have in attending the proceedings;

(c) whether there is sufficient information available to the court in relation to the DVO and the basis on which it was made;

(d) whether any proceedings are being taken in respect of an alleged contravention of the DVO and the jurisdiction in which those proceedings are being taken;

(e) the practicality of the applicant (if not the defendant under the DVO) applying for and obtaining a local DVO against the defendant with similar prohibitions or restrictions;

(f) the impact of the application on children who are protected persons under the DVO;

(g) any other matters the court considers relevant.

(3)  Without limiting the court’s power to decline to hear an application, the court may decline to hear the application if the court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order.

(4)  For the purpose of exercising its functions under this Part, a court may have regard to any information that the court considers relevant about the making or variation of a DVO that is provided by an issuing authority of any other jurisdiction.

Note

Part 4 enables the court to obtain information about DVOs from other jurisdictions.

(5)  A court must refuse to hear an application for variation or revocation made by the defendant during any period in which, under the law of the issuing jurisdiction for the DVO, the defendant is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction.