Domestic Violence Orders (National Recognition) Act 2017 (Western Australia)

This Act implements Western Australia’s component of a national scheme to recognise and give effect to domestic violence orders (DVOs) made in other Australian jurisdictions and certain foreign jurisdictions (notably New Zealand), and to streamline the exchange of information about those orders between courts and law enforcement agencies. The central mechanics are: (a) which DVOs are “recognised DVOs” (s 11); (b) when and how recognised DVOs and recognised variations are enforceable in Western Australia (ss 16-18); (c) how non‑local DVOs are to be treated and what they can affect in WA,for example, licences and firearms entitlements (ss 19-21); (d) the procedural route for courts in WA to vary or cancel non‑local DVOs (Part 3, ss 23-26); and (e) obligations and powers to exchange DVO information between issuing authorities and law enforcement (Part 4, ss 27-31). The Act also contains transitional rules (Part 6) and makes consequential amendments to the Restraining Orders Act 1997 (Part 7).

At the definitional level the Act separates DVO types: local DVOs (orders made in WA under the Restraining Orders Act 1997 or relevant earlier orders) (s 5); interstate DVOs (orders made in other jurisdictions prescribed by regulation as corresponding to WA local DVOs) (s 6); and registered foreign orders (New Zealand DVOs or orders of other countries that meet prescribed criteria and are registered as such) (s 7). A DVO becomes a “recognised DVO” when made (s 11(2)) and remains recognised for the period it remains in force in its issuing jurisdiction (s 11(3)), subject to variation and cancellation rules (ss 12-13).

The Act makes non‑local recognised DVOs enforceable in WA. Non‑local DVOs are to be treated as if they were local DVOs (s 19). That treatment extends to enforcement as if the person had been properly notified under WA law, once the DVO is enforceable in WA under the issuing jurisdiction’s notification rules (ss 16(3), 18(1)-(3)). The Act limits cross‑jurisdictional enforcement of monetary obligations and costs (s 22). It imposes information‑sharing duties on issuing authorities and law enforcement (ss 27-31) and creates admissibility rules for certificates about notification (s 32). It also adds powers for WA courts to declare non‑participating jurisdiction orders to be recognised in WA (s 41) and prescribes how older orders are brought into the scheme (Part 6). Finally, the Act amends the Restraining Orders Act 1997 to prevent registration of interstate DVOs under that Act where the DVO is an interstate DVO under this Act (ss 74A-74B as inserted by Part 7).

CrestWestern Australia

Domestic Violence Orders (National Recognition) Act 2017

Western Australia

Domestic Violence Orders (National Recognition) Act 2017

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Object of Act 2
Terms used 2
Local DVO 4
Interstate DVO 5
Registered foreign order 5
General violence order 5
Domestic violence concern 6
Special provisions for foreign orders 7

Part 2 — National Recognition of DVOs

Division 1 — General Principles

Recognition of DVOs 8
Variations to DVO 8
Cancellation of recognised DVO 9
Recognised DVO prevails over earlier comparable DVOs 10
Making of new orders 11

Division 2 — Enforcement of recognised DVOs

Recognised DVOs and variations are enforceable against person bound 11
Properly notified 11
Contravention of enforceable recognised DVO 12

Division 3 — Enforcement of non‑local DVOs

Non‑local DVO to be treated as local DVO 13
Licences, permits and other authorisations 13
Recognition of disqualification to hold firearms licence 13
Order for costs 14

Part 3 — Variation and cancellation of recognised non‑local DVOs

Term used: court 16
Power of court to vary or cancel recognised non‑local DVOs 16
Application for variation or cancellation of recognised non‑local DVO 16
Decision about hearing of application 17

Part 4 — Exchange of information

Issuing authorities may obtain DVO information 19
Issuing authorities must provide DVO information 19
Law enforcement agencies may obtain DVO information 19
Information to be provided to law enforcement agencies 19
DVO information obtained from, or provided to, prescribed persons or bodies 20

Part 5 — Miscellaneous

Certificate of evidence — notification 21
Regulations 22
Review of Act 22

Part 6 — Transitional provisions

Division 1 — Preliminary

Term used: commencement day 23
Enforcement of DVOs under other provisions 23

Division 2 — DVOs to which scheme applies

DVOs made in this jurisdiction 23
DVOs made in other jurisdictions 24

Division 3 — Extension of scheme to older DVOs

DVOs declared to be recognised DVOs 24
DVOs declared to be recognised in other jurisdictions before commencement day 25

Division 4 — Power to declare DVO to be recognised

Power to declare DVO to be recognised 25
Application for order 26
Declarations relating to general violence orders 27

Part 7 — Restraining Orders Act 1997 amended

Act amended 28
Section 3 amended 28
Section 8 amended 28
Sections 74A and 74B inserted 28

74A. Interstate DVOs under Domestic Violence Orders (National Recognition) Act 2017 cannot be registered 28

74B. Interstate orders registered before commencement of Domestic Violence Orders (National Recognition) Act 2017 29

Notes

Compilation table 30

Defined terms

Western Australia

Domestic Violence Orders (National Recognition) Act 2017

An Act to give effect to the Western Australian component of a national recognition scheme for domestic violence orders and to make consequential amendments to the Restraining Orders Act 1997.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Domestic Violence Orders (National Recognition) Act 2017.

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Object of Act

This Act establishes, in conjunction with the corresponding laws, a national recognition scheme for DVOs or domestic violence orders.

4. Terms used

(1) In this Act —

cancel includes revoke;

corresponding law means a law of another jurisdiction that —

(a) contains provisions that substantially correspond with this Act; and

(b) is prescribed by the regulations to be a corresponding law for the purposes of this Act;

court, of another participating jurisdiction, includes a registrar of that court;

domestic violence concern — see section 9;

DVO means a local DVO, an interstate DVO or a foreign order;

final DVO means a DVO that is not an interim DVO;

foreign order means —

(a) a New Zealand DVO; or

(b) an order prescribed by the regulations that —

(i) substantially corresponds to a local DVO; and

(ii) is made under a law of another country;

former RO Act means the Restraining Orders Act 1997 as in force before 1 July 2017;

general violence order — see section 8;

interim DVO means a DVO that is of an interim or provisional nature and, to avoid doubt, includes —

(a) a DVO made by a police officer; or

(b) a DVO prescribed by the regulations to be an interim DVO;

interstate DVO — see section 6;

interstate law enforcement agency means —

(a) the Police Force of another jurisdiction; or

(b) any other agency of another jurisdiction responsible for the enforcement of DVOs in that jurisdiction;

issuing authority means a court or person with power to make, vary or cancel a DVO under the law of a participating jurisdiction;

issuing jurisdiction, in relation to a DVO, means the jurisdiction in which the DVO is made;

jurisdiction means a State or Territory;

local DVO — see section 5;

local law enforcement agency means the Police Force of this jurisdiction;

make includes issue;

New Zealand DVO means an order made under the Domestic Violence Act 1995 (New Zealand) or under an Act repealed by that Act;

non‑local DVO means an interstate DVO or a foreign order;

participating jurisdiction means the following jurisdictions —

(a) this jurisdiction;

(b) a jurisdiction in which a corresponding law is enacted;

person bound by an order means the person against whom the order is made;

properly notified — see section 17;

protected person means a person for whose protection or benefit a DVO is made;

recognised DVO — see sections 11 and 39;

recognised variation — see section 12;

registered foreign order — see section 7;

vary a DVO includes the following —

(a) amend or modify the DVO;

(b) add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions;

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

5. Local DVO

(1) A local DVO means —

(a) a family violence restraining order as defined in the Restraining Orders Act 1997 section 3(1);

(b) a police order as defined in the Restraining Orders Act 1997 section 3(1);

(2) A registered foreign order is not a local DVO.

6. Interstate DVO

(1) An interstate DVO means an order prescribed by the regulations that —

(a) substantially corresponds to a local DVO; and

(b) is made under a law of another jurisdiction that contains provisions that substantially correspond to the Restraining Orders Act 1997 Part 1B.

(2) A registered foreign order is not an interstate DVO.

7. Registered foreign order

A registered foreign order means a foreign order that —

(a) is a foreign restraining order registered under the Restraining Orders Act 1997 Part 7A and that corresponds with an order under Part 1B; or

(b) is registered under a law of another jurisdiction that contains provisions that substantially correspond to the Restraining Orders Act 1997 Part 1B.

8. General violence order

A general violence order means any of the following —

(a) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (South Australia); or

(b) a violence restraining order made under the former RO Act Part 2; or

(i) substantially corresponds to an order referred to in paragraph (a) or (b); and

(ii) is made under a law of another jurisdiction that substantially corresponds to the laws referred to in those paragraphs.

9. Domestic violence concern

(1) A violence restraining order made under the former RO Act Part 2 addresses a domestic violence concern if —

(a) the order was made because the person bound by the order had committed an act of family and domestic violence as defined in the former RO Act section 6(1); or

(b) it was feared the person bound by the order would commit an act of family and domestic violence as defined in the former RO Act section 6(1).

(2) An intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (South Australia) addresses a domestic violence concern if the order is made because it is reasonable to suspect that the person bound by the order will, without intervention, commit an act of domestic abuse (within the meaning of that Act).

(3) A general violence order is taken, for the purpose of this Act, to be an order that addresses a domestic violence concern if —

(a) it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or

(b) a court of the jurisdiction in which the order is made makes an order declaring the DVO to be a recognised DVO in that jurisdiction.

(4) The regulations may prescribe circumstances in which an order made in a participating jurisdiction is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern.

10. Special provisions for foreign orders

(1) For the purpose of this Act, a registered foreign order —

(a) is taken to be made in the jurisdiction in which it is registered as a registered foreign order; and

(b) is taken to be made when it becomes a registered foreign order in that jurisdiction.

(2) A registered foreign order is varied or cancelled, for the purpose of this Act, if its registration as a registered foreign order is varied or cancelled.

(3) A power conferred by this Act to vary or cancel a registered foreign order is a power to vary or cancel registration of the order as a registered foreign order.

Part 2 — National Recognition of DVOs

Division 1 — General Principles

11. Recognition of DVOs

(1) Each of the following DVOs is a recognised DVO —

(a) a local DVO;

(b) an interstate DVO made in a participating jurisdiction;

Note for this subsection:

Recognition can also extend to DVOs made in jurisdictions that are not, or are not yet, participating jurisdictions. See Part 6.

(2) A DVO becomes a recognised DVO when it is made.

Note for this subsection:

A foreign order is taken to be made when it is registered as a registered foreign order.

(3) A DVO is a recognised DVO, subject to this Act, for the period for which it remains in force in the jurisdiction in which it is made.

12. Variations to DVO

(1) A variation to a recognised DVO that is done in this or another jurisdiction is a recognised variation in this jurisdiction in the circumstances provided for by this section.

(2) A variation to a local DVO is a recognised variation in this jurisdiction if the variation is done —

(a) in this jurisdiction by a court or any other person authorised to do so under the Restraining Orders Act 1997; or

(b) in another participating jurisdiction by a court under a corresponding law.

(3) A variation to an interstate DVO or foreign order is a recognised variation in this jurisdiction if the variation is done —

(a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or

(b) in a participating jurisdiction by a court under this Act or a corresponding law.

Note for this subsection:

The issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered.

(4) A variation is recognised from the time that it is made.

13. Cancellation of recognised DVO

(1) A DVO ceases to be a recognised DVO if the DVO is cancelled in this or another jurisdiction and that cancellation is recognised in this jurisdiction.

(2) A cancellation of a local DVO is recognised in this jurisdiction if the cancellation is done —

(a) in this jurisdiction by a court under the Restraining Orders Act 1997; or

(b) in another participating jurisdiction by a court under a corresponding law.

(3) A cancellation of an interstate DVO or foreign order is recognised in this jurisdiction if the cancellation is done —

(a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or

(b) in a participating jurisdiction by a court under this Act or a corresponding law.

(4) The DVO ceases to be a recognised DVO from the time it is cancelled.

14. Recognised DVO prevails over earlier comparable DVOs

(1) A recognised DVO that is enforceable against a person bound by the DVO in this jurisdiction (a new DVO) supersedes —

(a) a comparable recognised DVO made earlier than the new DVO; and

(b) a comparable local DVO made earlier than the new DVO (whether or not the local DVO is a recognised DVO).

(2) The earlier comparable DVO is superseded from the time the recognised DVO becomes enforceable against the person bound by the DVO.

(3) A recognised DVO that is superseded ceases to be a recognised DVO.

(4) A local DVO that is superseded is cancelled.

(5) A DVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new DVO.

(6) Accordingly, a DVO continues to be a recognised DVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new DVO.

(7) A DVO made by a police officer does not supersede a comparable DVO made by a court (of any jurisdiction).

(8) A DVO is comparable with another DVO if —

(a) the DVOs are made against the same person; and

(b) the DVOs are made for the protection of one or more of the same protected persons.

15. Making of new orders

Nothing in this Act prevents a person from applying for, or an issuing authority from making, a local DVO even though there is a recognised DVO in force that applies to the same person.

Division 2 — Enforcement of recognised DVOs

16. Recognised DVOs and variations are enforceable against person bound

(1) A recognised DVO, or a recognised variation to a recognised DVO, is enforceable against the person bound by the DVO in this jurisdiction.

(2) A recognised DVO that is a local DVO becomes enforceable against the person bound by the DVO in this jurisdiction when the person is properly notified of the making of the DVO under the law of this jurisdiction.

(3) A recognised DVO that is a non‑local DVO (other than a foreign order) becomes enforceable against a person in this jurisdiction when the person is properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.

(4) A recognised DVO that is a foreign order becomes enforceable against a person in this jurisdiction from the time it becomes a recognised DVO.

(5) A recognised variation to a recognised DVO becomes enforceable against the person in this jurisdiction when the person is properly notified of the variation under the law of the jurisdiction in which the variation is done.

17. Properly notified

(1) The making of a local DVO is properly notified under the law of this jurisdiction if the DVO is served on the person bound by the DVO in accordance with the Restraining Orders Act 1997.

(2) The making of an interstate DVO is properly notified under the law of the jurisdiction in which it is made in the circumstances provided for by the corresponding law of that jurisdiction.

(3) A variation to a recognised DVO that is done in this jurisdiction is properly notified under the law of this jurisdiction if the variation is served on the person bound by the recognised DVO in accordance with the Restraining Orders Act 1997.

(4) A variation to a recognised DVO that is done in another jurisdiction is properly notified under the law of that jurisdiction in the circumstances provided for by the corresponding law of that jurisdiction.

18. Contravention of enforceable recognised DVO

(1) A non‑local DVO that is a recognised DVO and which is enforceable against a person in this jurisdiction may be enforced in this jurisdiction —

(a) as if it were a local DVO; and

(b) as if the person had been properly notified of the making of the DVO under the law of this jurisdiction.

(2) A recognised variation to a non‑local DVO that is a recognised DVO and which is enforceable in this jurisdiction may be enforced in this jurisdiction as if it were a variation to a local DVO.

(3) A recognised variation to a recognised DVO made in another jurisdiction that is enforceable against the person in this jurisdiction may be enforced as if the person had been properly notified of the variation under the law of this jurisdiction.

(4) This section does not affect any law of this jurisdiction that requires a territorial nexus to exist between this jurisdiction and an offence for a person to be guilty of an offence under the law of this jurisdiction.

Division 3 — Enforcement of non‑local DVOs

19. Non‑local DVO to be treated as local DVO

(1) A recognised DVO that is a non‑local DVO has the same effect in this jurisdiction as a local DVO.

(2) A prohibition, restriction or condition imposed by a non‑local DVO has the same meaning as it would have in the jurisdiction in which the DVO was made, but may be enforced in this jurisdiction as if it were a prohibition, restriction or condition of a local DVO.

20. Licences, permits and other authorisations

(1) In this section —

authorisation includes a licence or permit;

grant includes issue.

(2) A law of this jurisdiction (a relevant law) that restricts the grant of an authorisation, or that authorises or requires an authorisation to be suspended or cancelled, if a person is or has been subject to a local DVO extends to a person who is or has been subject to a non‑local DVO that is a recognised DVO (as if the non‑local DVO were a local DVO).

(3) For the purposes of a relevant law —

(a) a non‑local DVO that is a final DVO is to be treated in the same way as a local DVO that is a final DVO; and

(b) a non‑local DVO that is an interim DVO is to be treated in the same way as a local DVO that is an interim DVO.

21. Recognition of disqualification to hold firearms licence

(1) In this section —

Commissioner of Police means the person holding or acting in the officer of Commissioner of Police under the Police Act 1892;

local firearms licence means a licence, permit or approval under the Firearms Act 2024;

non‑local firearms licence means a licence, permit or other authorisation to possess a firearm (as defined in the Firearms Act 2024 section 6) issued under the law of another jurisdiction or country.

(2) If a non‑local DVO that is a recognised DVO disqualifies a person from holding a non‑local firearms licence, or type of non‑local firearms licence, the person is also disqualified from holding a local firearms licence or local firearms licence of the same type (as the case requires).

(3) The Commissioner of Police must cancel any local firearms licence held by a person, or refuse to issue a local firearms licence to a person, if the person is so disqualified from holding the firearms licence by a recognised DVO.

(4) A recognised DVO disqualifies a person from holding a non‑local firearms licence or type of non‑local firearms licence if the DVO expressly —

(a) disqualifies the person from holding a non‑local firearms licence or type of non‑local firearms licence; or

(b) cancels or requires the person to surrender a non‑local firearms licence or type of non‑local firearms licence held by the person.

[Section 21 amended: No. 23 of 2024 s. 467.]

22. Order for costs

(1) A non‑local DVO, to the extent that it requires the payment of money, cannot be enforced in this jurisdiction.

(2) The recognition of a DVO made in another jurisdiction does not confer power on a court or tribunal of this jurisdiction to award costs in respect of any proceedings relating to the DVO that occurred in another jurisdiction.

(3) This section does not prevent a court or tribunal awarding costs in respect of any proceedings in this jurisdiction relating to the variation or cancellation of a recognised DVO.

Part 3 — Variation and cancellation of recognised non‑local DVOs

23. Term used: court

In this Part —

court means a court of this jurisdiction that has power to make local DVOs.

24. Power of court to vary or cancel recognised non‑local DVOs

(1) A court may vary or cancel a recognised DVO that is a non‑local DVO in accordance with this Part as if the DVO were a local DVO.

(2) A court cannot vary or cancel a non‑local DVO if it is a kind of DVO that cannot be varied or cancelled by a court in the jurisdiction in which the DVO was made.

(3) A variation to or cancellation of a recognised DVO that is done under this Part is not limited in its operation to this jurisdiction.

(4) This Part does not apply to the variation or cancellation of a foreign order that is registered as a registered foreign order in this jurisdiction.

(5) To avoid doubt, if a court varies a recognised DVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for the purpose of this Act, as the jurisdiction in which the DVO was made.

25. Application for variation or cancellation of recognised non‑local DVO

(1) An application for the variation or cancellation of a recognised DVO that is a non‑local DVO may be made to a court as if it were an application for variation or cancellation of a local DVO by a person who would be able to make the application if the DVO were a local DVO.

(2) An application —

(a) is to be made to a court that would have power to hear the application if the DVO were a local DVO; and

(b) is to be made in accordance with any requirements that would apply if the DVO were a local DVO; and

26. Decision about hearing of application

(1) In this section —

respondent to an application for variation or cancellation of a non‑local DVO means —

(a) in the case of an application made by the person bound by the DVO, the protected person under the DVO; and

(b) in any other case, the person bound by the DVO.

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

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

(a) the jurisdiction in which the person bound by the DVO and the protected person 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 person bound by the DVO) applying for and obtaining a local DVO against the person with similar prohibitions or restrictions;

(f) the impact of the application on children;

(g) any other matters the court considers relevant.

(4) 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.

(5) 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 the DVO that is provided by an issuing authority of another jurisdiction.

Note for this subsection:

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

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

Part 4 — Exchange of information

27. Issuing authorities may obtain DVO information

An issuing authority of this jurisdiction may obtain information about a DVO from an issuing authority of another jurisdiction, or from a local or interstate law enforcement agency, and use that information for the purpose of exercising its functions under this Act.

28. Issuing authorities must provide DVO information

(1) An issuing authority of this jurisdiction that makes, varies or cancels a DVO must provide to a court of another participating jurisdiction any information about the DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law.

(2) An issuing authority of this jurisdiction that makes, varies or cancels a DVO must provide to a local or interstate law enforcement agency any information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.

29. 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.

30. 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.

31. DVO information obtained from, or provided to, prescribed persons or bodies

(1) In this section —

DVO information means information about a DVO;

prescribed person or body means a person or body prescribed in the regulations.

(2) An issuing authority of this jurisdiction or a local law enforcement agency may for the purposes of exercising its functions under this Act do any of the following —

(a) obtain DVO information from a prescribed person or body;

(b) use DVO information obtained under paragraph (a);

Part 5 — Miscellaneous

32. Certificate of evidence — notification

(1) In this section —

authorised officer of another jurisdiction means a person (whether or not designated as an authorised officer) who is authorised under the law of another jurisdiction to issue a certificate certifying that the making or variation of a DVO has been properly notified under the law of that jurisdiction;

authorised officer of this jurisdiction means —

(a) a registrar of a court of this jurisdiction; or

(b) a police officer of this jurisdiction of or above the rank of sergeant; or

(i) employed or engaged in the department of the Public Service principally assisting the Minister in the administration of the Police Act 1892; and

(ii) approved by the Commissioner of Police for the purposes of this definition.

(2) An authorised officer of this jurisdiction 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 this jurisdiction;

(b) that a variation to a DVO that was done in this jurisdiction has been properly notified under the law of this jurisdiction.

(3) The certificate is admissible in evidence in any proceedings and is evidence of the matters certified.

(4) 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.

(5) 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.

33. Regulations

The Governor may make regulations prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for giving effect to the purposes of this Act.

34. Review of Act

(1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as is practicable after the 3rd anniversary of the day on which this section comes into operation.

(2) The Minister must prepare a report based on the review and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament.

Part 6 — Transitional provisions

Division 1 — Preliminary

35. Term used: commencement day

In this Part —

commencement day means the day on which this Part comes into operation.

36. Enforcement of DVOs under other provisions

(1) Subject to subsection (3), this Act does not affect the enforceability in this jurisdiction, otherwise than under this Act, of a local DVO made before the commencement day.

(2) Subject to subsection (3), this Act does not affect the enforceability in this jurisdiction, otherwise than under this Act, of —

(a) an interstate DVO registered in this jurisdiction, before the commencement day, under the Restraining Orders Act 1997 Part 7; or

(b) a foreign order registered in this jurisdiction, before the commencement day, under the Restraining Orders Act 1997 Part 7A.

(3) However, a DVO made in this jurisdiction before the commencement day can be superseded under section 14, on or after the commencement day, by a recognised DVO that is made later.

Division 2 — DVOs to which scheme applies

37. DVOs made in this jurisdiction

Part 2 applies to any of the following made on or after the commencement day —

(a) a local DVO made in this jurisdiction;

(b) a foreign order taken under section 10(1)(a) to have been made in this jurisdiction.

38. DVOs made in other jurisdictions

(1) Part 2 applies to a DVO made in another participating jurisdiction that is a recognised DVO in that jurisdiction under the corresponding law for that jurisdiction.

(2) To avoid doubt, section 11 extends to the following DVOs —

(a) an interstate DVO that was made in another participating jurisdiction before the commencement day that is a recognised DVO in that jurisdiction;

(b) a foreign order that became a registered foreign order in another participating jurisdiction before the commencement day that is a recognised DVO in that jurisdiction.

(3) Sections 12 and 13 extend to a variation or cancellation of a DVO referred to in subsection (2), that was done in a participating jurisdiction before the commencement day, as if the DVO were a recognised DVO.

(4) However, a non‑local DVO, and any variation to a non‑local DVO, does not become enforceable against the person bound by the DVO in this jurisdiction, under this Act, until the commencement day (even if the making of the DVO, or variation, was properly notified before that day).

Division 3 — Extension of scheme to older DVOs

39. DVOs declared to be recognised DVOs

(1) Each of the following DVOs is also taken to be a recognised DVO —

(a) a DVO that is declared by a court of this jurisdiction to be a recognised DVO in this jurisdiction under Division 4;

(b) a DVO that is declared by 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 person in this jurisdiction, under this Act, when the declaration is made (despite section 16).

40. DVOs declared to be recognised in other jurisdictions before commencement day

(1) To avoid doubt, section 39 extends to a DVO declared by a court of another participating jurisdiction to be a recognised DVO before the commencement day.

(2) Sections 12 and 13 extend to any variation or cancellation of a DVO referred to in subsection (1), that was done in a participating jurisdiction before the commencement day, as if the DVO were a recognised DVO.

(3) However, the DVO, and any variation to the DVO, does not become enforceable against the person in this jurisdiction, under this Act, until the commencement day.

Division 4 — Power to declare DVO to be recognised

41. Power to declare DVO to be recognised

(1) A court may, by order, declare a DVO made in any jurisdiction to be a recognised DVO in this jurisdiction.

(2) A declaration may be made in relation to a DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in this jurisdiction.

(3) The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.

(4) A court must make a declaration under this section if an application for the declaration is made in accordance with this Division, unless the court decides to refuse to make the declaration in the interests of justice.

(5) Without limiting subsection (4), the court may refuse to make the declaration if the court is not satisfied that the person bound by the DVO has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.

Note for this subsection:

Under section 39, the DVO becomes enforceable against the person when the declaration is made. Notice of the declaration is not to be served on the person unless the person making the application consents to service.

(6) However, a court cannot declare a general violence order to be a recognised DVO in this jurisdiction unless the general violence order was made in this jurisdiction.

(7) Notice of a declaration is not to be served on the person bound by the DVO unless the person who makes the application consents to service.

Note for this subsection:

Under section 10, 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.

42. Application for order

(1) An application for a declaration that a DVO is a recognised DVO in this jurisdiction may be made by a person who would be able to make an application for variation of the DVO if the DVO were a recognised DVO.

(2) The application must —

(a) be made in a form approved by the court; and

(b) be accompanied by any information or evidence the court requires.

Note for this subsection:

It is only necessary to make an application in one participating jurisdiction. Under section 39, once a declaration is made in any participating jurisdiction the DVO will be treated as a recognised DVO in all participating jurisdictions.

(3) Notice of the application is not to be served on the person bound by the DVO.

(4) The application must be determined in the absence of the person bound by the DVO.

43. Declarations relating to general violence orders

(1) An application for a declaration that a general violence order is a recognised DVO may be made as if the order were a DVO.

(2) Before making the declaration, the court must decide whether the order addresses a domestic violence concern (and, accordingly, is a DVO).

(3) The court is not to make the declaration unless the court decides that the order addresses a domestic violence concern.

(4) Notice of the application is not to be served on the person bound by the order.

(5) The application must be determined in the absence of the person bound by the order.

Part 7 — Restraining Orders Act 1997 amended

44. Act amended

This Part amends the Restraining Orders Act 1997.

45. Section 3 amended

In section 3 in the definition of application delete “this Act;” and insert:

this Act or the Domestic Violence Orders (National Recognition) Act 2017;

46. Section 8 amended

After section 8(1)(h) insert:

(ha) if the order is an FVRO, the effect of the Domestic Violence Orders (National Recognition) Act 2017;

47. Sections 74A and 74B inserted

After section 74 insert:

74A. Interstate DVOs under Domestic Violence Orders (National Recognition) Act 2017 cannot be registered

(1) An application cannot be made under section 75 in respect of an interstate order that is an interstate DVO as defined in the Domestic Violence Orders (National Recognition) Act 2017 section 6.

(2) To avoid doubt, subsection (1) applies whether the interstate DVO was made before, on or after the day on which the Domestic Violence Orders (National Recognition) Act 2017 section 47 comes into operation.

74B. Interstate orders registered before commencement of Domestic Violence Orders (National Recognition) Act 2017

(1) This section applies to an interstate order that, immediately before the day on which the Domestic Violence Orders (National Recognition) Act 2017 section 47 comes into operation, is registered under this Part.

(2) Unless subsection (4) applies, the registration of the order is not affected by the Domestic Violence Orders (National Recognition) Act 2017 and this Part continues to apply in respect of the order.

(3) The order is not a local DVO for the purposes of the Domestic Violence Orders (National Recognition) Act 2017.

(4) If, under the Domestic Violence Orders (National Recognition) Act 2017, the order becomes a recognised DVO in Western Australia —

(a) the order ceases to be registered under this Part; and

(b) that Act applies to the order in the same way as it applies to another recognised DVO that, under that Act, is a non‑local DVO.

View image in the official source

Notes

This is a compilation of the Domestic Violence Orders (National Recognition) Act 2017 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Domestic Violence Orders (National Recognition) Act 2017	10 of 2017	8 Nov 2017	s. 1 and 2: 8 Nov 2017 (see s. 2(b)); Act other than s. 1 and 2: 25 Nov 2017 (see s. 2(b) and Gazette 24 Nov 2017 p. 5671)
Firearms Act 2024 Pt. 17 Div. 3 Subdiv. 9	23 of 2024	27 Jun 2024	31 Mar 2025 (see s. 2(d) and SL 2024/289 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

authorisation 20(1)

authorised officer 32(1)

cancel 4(1)

commencement day 35

Commissioner of Police 21(1)

corresponding law 4(1)

court 4(1), 23

domestic violence concern 4(1), 9(1), (2), (3) and (4)

DVO 4(1)

DVO information 31(1)

final DVO 4(1)

foreign order 4(1)

former RO Act 4(1)

general violence order 4(1), 8

grant 20(1)

interim DVO 4(1)

interstate DVO 4(1), 6(1)

interstate law enforcement agency 4(1)

issuing authority 4(1)

issuing jurisdiction 4(1)

jurisdiction 4(1)

local DVO 4(1), 5(1)

local firearms licence 21(1)

local law enforcement agency 4(1)

make 4(1)

new DVO 14(1)

New Zealand DVO 4(1)

non‑local DVO 4(1)

non‑local firearms licence 21(1)

participating jurisdiction 4(1)

person bound 4(1)

prescribed person or body 31(1)

properly notified 4(1), 17(1), (2), (3) and (4)

protected person 4(1)

recognised DVO 4(1), 11(1)

recognised variation 4(1)

registered foreign order 4(1), 7

relevant law 20(2)

respondent 26(1)

vary 4(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Domestic Violence Orders (National Recognition) Act 2017

Western Australia

Domestic Violence Orders (National Recognition) Act 2017

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Object of Act 2
Terms used 2
Local DVO 4
Interstate DVO 5
Registered foreign order 5
General violence order 5
Domestic violence concern 6
Special provisions for foreign orders 7

Part 2 — National Recognition of DVOs

Division 1 — General Principles

Recognition of DVOs 8
Variations to DVO 8
Cancellation of recognised DVO 9
Recognised DVO prevails over earlier comparable DVOs 10
Making of new orders 11

Division 2 — Enforcement of recognised DVOs

Recognised DVOs and variations are enforceable against person bound 11
Properly notified 11
Contravention of enforceable recognised DVO 12

Division 3 — Enforcement of non‑local DVOs

Non‑local DVO to be treated as local DVO 13
Licences, permits and other authorisations 13
Recognition of disqualification to hold firearms licence 13
Order for costs 14

Part 3 — Variation and cancellation of recognised non‑local DVOs

Term used: court 16
Power of court to vary or cancel recognised non‑local DVOs 16
Application for variation or cancellation of recognised non‑local DVO 16
Decision about hearing of application 17

Part 4 — Exchange of information

Recognised DVO: The Act’s core concept is the “recognised DVO” (s 11). A recognised DVO is either (a) a local DVO (orders made in WA under the Restraining Orders Act 1997 or specified earlier orders) (s 5, s 11(1)(a)); (b) an interstate DVO made in a participating jurisdiction where the issuing law substantially corresponds with WA law (s 6, s 11(1)(b)); or (c) a registered foreign order (notably New Zealand DVOs or prescribed foreign orders registered in a participating jurisdiction) (s 7, s 11(1)(c)). A DVO is recognised when it is made (s 11(2)) and remains recognised while in force in its issuing jurisdiction (s 11(3)).

Local, interstate and foreign classifications: Local DVOs are defined by reference to WA statutes (s 5). Interstate DVOs depend on regulations identifying which overseas (i.e. other Australian) orders substantially correspond to a local DVO and to the Restraining Orders Act Part 1B (s 6). Registered foreign orders are those registered under WA law or another jurisdiction’s law that correspond to Part 1B (s 7). The Act expressly allows the regulations to prescribe additional circumstances and to designate corresponding laws and bodies (s 4(1), s 6(1), s 8, s 9(4), s 33). That means the substance of the scheme and its reach depends materially on delegated instruments.

Proper notification and enforceability: Enforceability in WA turns on notification rules. For local DVOs, the making is “properly notified” when served under the Restraining Orders Act (s 17(1)); for interstate DVOs, notification follows the law of the issuing jurisdiction (s 17(2)); for foreign orders, a registered foreign order becomes enforceable from the time it becomes a recognised DVO (s 16(4)). A recognised DVO enforceable in WA can be enforced as if it were a local DVO and as if the person had been properly notified under WA law (s 18(1)-(3)), though the Act preserves any territorial nexus requirement for criminal offences under WA law (s 18(4)).

Variation, cancellation, and supersession: Variations and cancellations done in issuing or participating jurisdictions are recognised in WA (s 12-13). A later recognised DVO that is enforceable in WA can supersede earlier comparable DVOs (s 14). Courts in WA have explicit power to vary or cancel recognised non‑local DVOs “as if” they were local DVOs (s 24(1)), with express limits , a court cannot vary or cancel a non‑local DVO if the issuing jurisdiction forbids such variation/cancellation (s 24(2)), and Part 3 does not apply to foreign orders registered as registered foreign orders in WA (s 24(4)).

Information exchange and evidentiary mechanics: Issuing authorities and law enforcement can obtain and must provide DVO information reasonably requested by corresponding authorities for functions under the scheme (ss 27-31). Certificates from authorised officers (including registrars and senior police officers) are admissible and evidence that notification occurred (s 32). Regulations may prescribe further persons or bodies for obtaining or providing DVO information (s 31).

Licences, firearms and costs: Laws restricting grant, suspension or cancellation of authorisations (licences, permits) because of local DVOs extend to non‑local recognised DVOs (s 20). A non‑local DVO that disqualifies a person from holding a non‑local firearms licence also disqualifies them from holding the same type of local firearms licence; the Commissioner of Police must cancel or refuse to issue local firearms licences in those circumstances (s 21). Monetary obligations in non‑local DVOs cannot be enforced in WA, and courts cannot award costs in respect of proceedings that occurred in another jurisdiction (s 22).

Transitional and declaratory mechanisms: The Act includes staged commencement (s 2) and transitional provisions to capture DVOs made before commencement (Part 6). WA courts can declare out‑of‑jurisdiction DVOs to be recognised DVOs in WA (s 41) and there are procedures for applying for such declarations (s 42). The Act also requires a ministerial review three years after the relevant section comes into operation (s 34).

The Act affects a defined set of actors directly and several others indirectly through consequential effects.

Persons bound and protected persons: The immediate parties affected by DVO recognition and enforcement are the person bound by the order and the protected person(s) for whose protection the DVO was made. The Act defines “person bound” and “protected person” (s 4) and provides rules when a later DVO supersedes or coexists with earlier orders in relation to protected persons (s 14(5)-(6)). A DVO made for some protected persons may remain in force for others not covered by a later DVO.

Courts and issuing authorities: Courts and issuing authorities in WA must recognise DVOs made in participating jurisdictions under the corresponding laws (s 11) and have powers to vary or cancel recognised non‑local DVOs (s 24). Issuing authorities in WA must provide DVO information to courts in other participating jurisdictions on reasonable request (s 28(1)) and to local/interstate law enforcement on reasonable request (s 28(2)). They may also obtain information from other issuing authorities and law enforcement for exercising functions under the Act (s 27). The Act imposes duties on courts when they consider hearing applications to vary/cancel non‑local DVOs , courts may decline hearings and have a list of factors to consider (s 26).

Police and law enforcement agencies: Local and interstate police forces and law enforcement agencies are central. Local law enforcement agencies must provide information to interstate agencies on reasonable request (s 30). Local police may obtain DVO information and use it to exercise functions under the Act (s 29). For firearms regulation, the Commissioner of Police has an active role: where a recognised DVO disqualifies a person from holding a non‑local firearms licence, the Commissioner must cancel or refuse to issue a local firearms licence (s 21(3)).

Licensing authorities and regulators: Any WA agency administering licences, permits or authorisations that tie eligibility to being subject to a local DVO is affected: those laws “extend to” persons who are or have been subject to a non‑local recognised DVO (s 20(2)). That means across licensing regimes,employment‑linked authorisations, occupation licences, permits and the like,the existence of a recognised non‑local DVO can be treated as if it were a WA local DVO for grant, suspension or cancellation decisions.

Applicants and advocates: People seeking protection (or representing them) and people bound by orders may need to use the Act’s procedures to obtain a declaration of recognition (s 41), to apply for variation/cancellation in WA (s 25), or to rely on certificates from authorised officers to prove notification (s 32). The Act allows applications for declarations and variation/cancellation to be determined in the absence of the person bound when notice is not served (ss 41(7), 42(3)-(4), 43(4)-(5)).

Regulators and administrators of delegated rules: The scope of the scheme depends substantially on regulations,regulations can designate corresponding laws, prescribe foreign orders, and identify prescribed persons/bodies for information exchange (s 33, s 4(1), s 6(1), s 8, s 9(4), s 31). Those who draft and administer the regulations therefore exercise significant delegated power over the scheme’s reach and operation.

Legal practitioners and courts advising clients: Lawyers representing either the person bound or the protected person must consider cross‑jurisdictional enforceability, timing of notification, enabling and limiting rules for variation and cancellation, and evidence rules (s 32). They will advise on whether to seek a declaration under s 41, the appropriate jurisdiction to apply, and the implications for licences and firearms (ss 20-21).

Other jurisdictions and international partners: The scheme contemplates participating jurisdictions and corresponding laws; a jurisdiction becomes participating when it enacts a corresponding law and is prescribed by regulation (s 4(1), s 11 note). New Zealand orders are explicitly captured as foreign orders (s 4(1) definition). The Act therefore affects interactions between WA and other Australian jurisdictions and designated foreign jurisdictions for DVO recognition and enforcement.

Duties imposed on issuing authorities and courts

Provide DVO information: An issuing authority that makes, varies or cancels a DVO must provide information about the DVO to a court of another participating jurisdiction that reasonably requests it (s 28(1)). It must also provide information to local or interstate law enforcement agencies on reasonable request (s 28(2)). Issuing authorities may obtain DVO information from other issuing authorities or law enforcement to exercise functions under the Act (s 27).
Obligation to consider requests: Courts exercising functions related to non‑local DVOs may request and have regard to information provided by issuing authorities of other jurisdictions (s 26(5)).
Variation/cancellation powers: A WA court may vary or cancel a recognised DVO that is non‑local “as if” it were a local DVO (s 24(1)), subject to express limits (s 24(2)-(4)). A court must refuse to hear an application for variation/cancellation by the person bound during periods when, under the law of the issuing jurisdiction, that person is not entitled to apply (s 26(6)).
Certificate issuance and admissibility: Authorised officers in WA (registrars, senior police, and specified departmental staff) may issue written certificates that the making or variation of a local DVO has been properly notified under WA law; those certificates are admissible evidence (s 32(2)-(3)). Certificates from authorised officers of other jurisdictions are also admissible (s 32(4)).

Duties on law enforcement agencies

Information exchange: Local law enforcement agencies must provide to interstate law enforcement agencies DVO information reasonably requested for law enforcement functions (s 30). Local law enforcement agencies may obtain DVO information from issuing authorities of this or other jurisdictions and use it for law enforcement functions (s 29).
Firearms administration: The Commissioner of Police must cancel or refuse to issue a local firearms licence if a recognised DVO disqualifies a person from holding a non‑local firearms licence (s 21(3)). A recognised DVO disqualifies a person from holding a local firearms licence to the extent it disqualifies from holding a non‑local firearms licence (s 21(2)-(4)).

Rights, enforceability and procedural protections

Right to have DVO enforced in WA: A recognised DVO, or recognised variation, is enforceable against the person bound in WA (s 16(1)). The Act provides the mechanics for that enforcement: local DVOs are enforceable when the person is properly notified under WA law (s 16(2)); interstate DVOs are enforceable when properly notified under the issuing jurisdiction’s law (s 16(3)); foreign orders are enforceable from the time they become recognised DVOs (s 16(4)). Variations are enforceable when the person is properly notified under the law of the jurisdiction where the variation is done (s 16(5)).
Treatment as local DVO: Once enforceable, recognised non‑local DVOs are to be treated as local DVOs and may be enforced accordingly; prohibitions and conditions have the same meaning as in the issuing jurisdiction but may be enforced as if local (s 19(1)-(2)).
Procedural safeguards for court decisions: A court may decline to hear an application to vary or cancel a non‑local DVO; it can consider factors such as residence, ability to attend, information sufficiency, concurrent proceedings, practicality of obtaining a local DVO, impact on children and other relevant matters (s 26(3)). The court may refuse a declaration under s 41 if not satisfied the person was properly notified in the issuing jurisdiction (s 41(5)).
Limits on monetary and costs enforcement: Non‑local DVO monetary requirements cannot be enforced in WA (s 22(1)), and WA courts cannot award costs for proceedings that occurred in another jurisdiction (s 22(2)). Courts can still award costs for proceedings in WA relating to variation or cancellation (s 22(3)).

Regulatory and delegated instruments

Regulations may prescribe corresponding laws and foreign orders and prescribe persons or bodies for information exchange (s 33, s 4(1), s 6(1), s 31(1)). The Act thereby creates rights and duties that will be fleshed out by delegated legislation.

Transitional duties

The Act preserves enforceability of DVOs that were registered under earlier registration provisions before commencement, subject to conversion and supersession rules (Part 6; s 36). The Restraining Orders Act is amended to prevent registration of interstate DVOs that are interstate DVOs under this Act (s 74A-74B as inserted).

Enforcement mechanisms for contraventions

Criminal and civil enforcement: The Act enables recognised DVOs and recognised variations to be enforced in WA as if they were local DVOs (s 18(1)-(3)). That means existing enforcement mechanisms under WA law for breach of local DVOs apply to recognised DVOs once they are enforceable in WA (see ss 16-18 read together with the Restraining Orders Act 1997 provisions referenced in the definitions). The Act does not itself create new criminal offences; it imports enforceability into existing WA processes by treating non‑local DVOs as local for enforcement (s 19(1)).
Timing and notice for enforceability: A local DVO is enforceable in WA when the person is properly notified under WA law (s 16(2), s 17(1)). An interstate DVO becomes enforceable in WA when the person has been properly notified under the law of the issuing jurisdiction (s 16(3), s 17(2)). For recognised foreign orders that are registered, enforceability is from the time they become a recognised DVO (s 16(4)). Once enforceable, section 18 allows those DVOs to be enforced as if notification under WA law had occurred.

Limits on enforcement scope

Monetary obligations and costs not enforceable across borders: A non‑local DVO requirement that compels payment of money cannot be enforced in WA (s 22(1)). Recognition of a DVO made elsewhere does not allow a WA court to award costs for proceedings that occurred in that other jurisdiction (s 22(2)). Courts retain power to award costs in WA proceedings relating to variation or cancellation (s 22(3)). These limits narrow cross‑jurisdictional financial enforcement.
Territorial nexus for criminal offences preserved: Section 18(4) preserves any law of WA that requires a territorial nexus for an offence. Therefore, even if a contravention of a non‑local DVO could be framed as an offence under WA law, any criminal charge must meet WA territorial nexus requirements.

Administrative enforcement actions

Licences and authorisations: Laws that restrict granting or allow suspension/cancellation of authorisations on the basis of being subject to a local DVO extend to persons subject to non‑local recognised DVOs (s 20(2)). That allows regulatory remedies,suspension, cancellation, refusal to grant,to be applied where DVOs exist in other jurisdictions.
Firearms disqualification and administrative cancellation: Where a recognised DVO disqualifies a person from holding a non‑local firearms licence, the person is disqualified from holding the equivalent local firearms licence; the Commissioner of Police must cancel a held local firearms licence or refuse to issue where disqualification exists (s 21(2)-(3)). This is an administrative enforcement obligation on the Commissioner.

Evidence and admissibility in enforcement proceedings

Certificate of notification: An authorised officer in WA (registrar, sergeant or designated departmental staff) may issue a certificate that the making or variation of a DVO was properly notified under WA law; those certificates are admissible and constitute evidence (s 32(2)-(3)). Certificates from authorised officers of other jurisdictions are likewise admissible (s 32(4)). This provides an evidentiary shortcut for enforcement proceedings.

Procedure for dealing with non‑local DVOs in court

Courts can vary or cancel non‑local DVOs (s 24). Applications for variation or cancellation are to be made and dealt with as if the DVO were a local DVO (s 25). Courts may decide not to hear an application, and may decline where the application appears to be an appeal against the issuing jurisdiction’s decision or where no material change in circumstances exists (s 26(4)). Courts must refuse hearings when the applicant is not entitled to apply under the issuing jurisdiction’s law (s 26(6)).

No new penalty magnitudes in this Act

The Act primarily creates recognition and process rules. It does not itself specify fines, imprisonment terms or new penalty units for contraventions beyond enabling WA enforcement regimes to apply to non‑local DVOs. Any criminal penalties or enforcement sanctions will therefore derive from the WA statutes that create offences for contravention of DVOs and the administrative sanctions in licensing and firearms law.

Primary interplays with WA statutes

Restraining Orders Act 1997: The Act is built to operate with the Restraining Orders Act 1997. Definitions of local DVOs refer to the Restraining Orders Act (s 5), and the Act amends that Act (Part 7) to integrate the national recognition scheme and prevent duplication of interstate order registration (ss 44-47). The making and service of local DVOs for “proper notification” is regulated by the Restraining Orders Act (s 17(1)).
Firearms Act 2024: The Act interacts with firearms regulation. Section 21 directly references the Firearms Act 2024 definitions and requires the Commissioner of Police to cancel or refuse a local firearms licence where a recognised DVO disqualifies from holding a non‑local licence (s 21(1)-(3)). The compilation table records an amendment by Pt 17 Div 3 Subdiv 9 of the Firearms Act 2024 (Compilation table), and s 21 carries an amendment note indicating it was amended by No. 23 of 2024 s. 467. That cross‑reference means the operation of s 21 depends on the Firearms Act’s definitions and processes for licence types and cancellation.

Interstate and federal interface

Corresponding laws and participating jurisdictions: The Act requires corresponding laws in other jurisdictions for the recognition scheme to operate smoothly (definition of corresponding law, s 4(1); participating jurisdiction, s 4(1)). A DVO made in another participating jurisdiction that is a recognised DVO in that jurisdiction becomes a recognised DVO in WA under s 11(1)(b). The Act allows WA courts to declare orders from non‑participating jurisdictions recognised in WA (s 41), so the scheme can be extended on an order‑by‑order basis. The practical reach therefore depends on other jurisdictions enacting corresponding laws and on delegated regulations naming them.
New Zealand and foreign orders: The Act explicitly treats New Zealand DVOs as a category of “foreign order” (s 4(1)). Registered foreign orders are taken to be made in the jurisdiction where they are registered for the purposes of the Act (s 10(1)). The Act does not create direct enforcement powers in other countries; recognition is one‑way for WA to give effect to certain foreign orders once they have been registered or declared.

Licensing and administrative law regimes

Authorisations generally: Any WA law that restricts, suspends or cancels the grant of an authorisation because the person is or has been subject to a local DVO is extended to persons subject to recognised non‑local DVOs (s 20(2)). This makes the recognition scheme relevant across regulatory regimes where a DVO is a criterion for fitness to hold a licence, work in an occupation or maintain a permit.
Costs and monetary obligations: The Act prevents a non‑local DVO from being enforced in WA to the extent it requires payment of money (s 22(1)), and prevents courts from awarding costs in respect of proceedings in another jurisdiction (s 22(2)). That creates a discrete firewall between cross‑jurisdictional order recognition and financial enforcement under WA courts.

Evidence rules and procedural law

Certificates from authorised officers: Section 32 provides admissibility rules for certificates from authorised officers of other jurisdictions and WA. That interfaces with general WA evidence and civil/criminal procedure rules to streamline proof of notification and variation in cross‑jurisdictional proceedings.
Territorial nexus preserved: Section 18(4) expressly preserves any WA law that requires a territorial nexus for an offence. Therefore, while the Act imports enforceability for non‑local DVOs, prosecution under WA criminal statutes still demands territorial elements be satisfied.

Regulatory instruments and delegated powers

Regulations matter: The Act delegates significant scope to regulations: the Governor may make regulations to prescribe matters required or permitted by the Act (s 33), including prescribing corresponding laws, foreign orders that correspond to local DVOs, circumstances in which certain orders are taken to address domestic violence concerns (s 9(4)), and prescribed persons or bodies for information exchange (s 31(1)). The precise practical operation therefore depends on those regulations.

Interactions with earlier registration scheme

Restraining Orders Act registration: The Act amends the Restraining Orders Act to prevent registration of interstate DVOs that are interstate DVOs under this Act (s 74A), while preserving pre‑existing registrations unless the DVO becomes a recognised DVO under this Act (s 74B). That avoids duplication but requires attention where earlier registration exists.

Review and administrative oversight

Ministerial review: The Act requires a review of operation and effectiveness after the third anniversary of the section’s commencement, with a report tabled in Parliament (s 34). That creates a formal accountability mechanism to assess how the Act has interacted with other laws in practice.

Enactment and commencement

The Domestic Violence Orders (National Recognition) Act 2017 received Royal Assent on 8 November 2017 (Compilation table) and, other than sections 1 and 2, commenced on 25 November 2017 (s 2 and Compilation table). The Act was designed to implement the WA component of a national recognition scheme (s 3).

Consequential amendments to the Restraining Orders Act 1997

Part 7 of this Act amends the Restraining Orders Act 1997. It updates definitions and the effect of certain orders to reflect the national recognition scheme (ss 44-47). In particular, sections 74A and 74B are inserted into the Restraining Orders Act to prevent registration of interstate DVOs under the old registration mechanism where the DVO is an interstate DVO under this Act (s 74A) and to preserve the status of interstate orders registered before the new scheme commenced, subject to conversion if they become recognised DVOs (s 74B).

Firearms Act amendment annotation

Section 21 (recognition of disqualification to hold firearms licence) contains an editorial amendment note: “[Section 21 amended: No. 23 of 2024 s. 467.]” The compilation table records Pt. 17 Div. 3 Subdiv. 9 of the Firearms Act 2024 (No. 23 of 2024) as an amending instrument, assented 27 June 2024, with a commencement date for that amending provision of 31 March 2025 (Compilation table). That indicates the firearms‑related interface was altered by later statute and that the operational effect of s 21 is dependent on the Firearms Act 2024 provisions.

Regulations and delegated instruments

The Act contemplates regulations to prescribe corresponding laws, foreign orders, prescribed persons or bodies for information exchange, and other matters necessary to give effect to the Act (s 33). The Act’s precise operational contours therefore depend on regulations made under that section since commencement. The compilation table and the Act text do not include the regulatory history; users should consult the WA legislation database for the specific regulations that have been made under s 33.

Transitional arrangements and commencement staging

The Act contains an explicit staged commencement (s 2). Part 6 provides transitional provisions to handle orders made before the commencement day and to include older DVOs by declaration (ss 35-43). Sections 37-40 set out which DVOs the scheme applies to on and after commencement and how older DVOs may be declared recognised.

Documentation of later amendments or formal changes

The legislative excerpt provided includes the Firearms Act amendment note and the consequential amendments to the Restraining Orders Act 1997 that were effected by this Act (Part 7). The compilation table summarises assent and commencement dates for the principal Act and the noted Firearms Act amendment. The Act itself reserves further scope for change via regulations (s 33), and the required review after the third anniversary (s 34) may have led to subsequent recommendations and amendments; those are not contained in the text provided and must be checked in the consolidated WA statute and regulation database for post‑2017 updates.

No court decisions or litigation are recorded in the text of the Act provided. The Act itself does not name any cases, and there are no judicial determinations reproduced in the source. The Act creates new cross‑jurisdictional recognition and procedure rules that are likely to generate litigation on issues such as:

Sufficiency of “proper notification” under issuing jurisdictions and what evidence suffices to show notification (relevant provisions: ss 16-17 and s 32 on certificates).
Whether a WA court should exercise its discretion to decline to hear an application for variation or cancellation of a non‑local DVO (s 26, including the list of matters courts may consider and the power to refuse if the application is in the nature of an appeal (s 26(4))).
The scope of s 14 where a new recognised DVO purports to supersede earlier comparable DVOs, and the limits where protected persons differ (s 14(5)-(6)), including disputes over whether DVOs are “comparable” (s 14(8)).
The operation of s 21 in relation to firearms disqualification and the administrative obligations of the Commissioner of Police to cancel or refuse licences where a recognised DVO disqualifies a person.

Because the Act establishes procedures and evidence admission rules rather than new offences or penalty levels, many disputes will be procedural and administrative,application of WA courts’ discretion under Part 3, admissibility and effect of certificates under s 32, and the interaction of WA licensing statutes and administrative decisions with recognised non‑local DVOs (s 20). Practitioners should search updated WA case law databases for reported decisions on this Act post‑commencement and any judicial consideration of the Restraining Orders Act amendments.

Absent any cases in the Act text, the Act’s litigation footprint must be researched externally in WA jurisprudence and tribunal decisions to determine how courts have applied the scheme, how evidence under s 32 has been treated, and how the discretionary powers in ss 24-26 have been exercised.

A number of technical points in the Act can catch practitioners, agencies and individuals unaware if not explicitly considered.

Notification vs enforcement timing

Two‑step enforceability rule: A non‑local DVO is not enforceable in WA simply because it exists; enforceability depends on notification under the issuing jurisdiction (s 16(3)) for interstate DVOs and on registration/recognition for foreign orders (s 16(4)). However, once enforceable, section 18 allows such DVOs to be enforced in WA as if notification occurred under WA law. Practically, this means parties must determine whether proper notification under the issuing law has occurred before WA enforcement proceeds; evidence rules (s 32) become central to prove that notification.

Service and absence from proceedings for declarations

Declarations of recognition under s 41 and applications under s 42 are not served on the person bound unless the applicant consents to service (s 41(7), s 42(3)). Applications must be determined in the absence of the person bound (s 42(4)). That is an unusual procedural feature: declarations can be made without the person bound being served, and the DVO becomes enforceable in WA when the declaration is made (s 39(2)). Practitioners must advise applicants about this and consider whether service is prudent or required for natural justice in a particular case.

Monetary orders and costs cannot be enforced across jurisdictions

Non‑local DVOs requiring payment of money cannot be enforced in WA (s 22(1)), and WA courts cannot award costs for proceedings that occurred in another jurisdiction (s 22(2)). Applicants or persons bound may therefore find that financial remedies or costs must be pursued in the issuing jurisdiction, not in WA.

Foreign orders and Part 3 limits

Part 3 (variation and cancellation by WA courts) expressly does not apply to foreign orders that are registered as registered foreign orders in WA (s 24(4)). That means the procedure to vary/cancel non‑local DVOs in WA is not available for those registered foreign orders; the Act treats registered foreign orders as having been made in the jurisdiction where they were registered (s 10(1)), and variations/cancellations of registered foreign orders must be dealt with via the registration mechanism.

General violence orders restriction

A WA court cannot declare a general violence order made in another jurisdiction to be a recognised DVO in WA unless the general violence order was made in WA (s 41(6)). That may surprise practitioners dealing with orders from other Australian states if those orders are categorized under another state’s “intervention order” or “general violence order” regimes.

Police‑made DVOs and supersession

A DVO made by a police officer does not supersede a comparable DVO made by a court (s 14(7)). This affects sequences of orders where police issue interim DVOs and later courts make orders; courts’ orders retain priority.

Regulation dependence and delegated choices

Many key definitions and the scope of the scheme rely on regulations (s 4(1), s 6(1), s 8, s 9(4), s 31(1), s 33). The practical reach of recognition and the procedural modalities for foreign orders depend on what the regulations prescribe. Practitioners and agencies must check the current regulations to know which jurisdictions and orders are treated as “corresponding” or “participating”.

Practical difficulties for respondents

Courts may decline to hear variation/cancellation applications for procedural or practical reasons (s 26(2)-(4)), including where the matter would be an appeal in substance. Also, a court must refuse to hear an application by a person bound if, under the issuing jurisdiction’s law, the person is not entitled to apply there (s 26(6)). That requires careful cross‑jurisdictional legal analysis before applying in WA.

Firearms and administrative action

Section 21 places an active duty on the Commissioner of Police to cancel or refuse a local firearms licence when a recognised DVO disqualifies a person. The specific trigger depends on whether the recognised DVO “expressly” disqualifies the person or cancels/requires surrender of a non‑local firearms licence (s 21(4)). Agencies must coordinate with records of recognitions and registrations to enforce this provision accurately.

Information exchange and privacy considerations

Issuing authorities and law enforcement may obtain and share DVO information with prescribed persons or bodies (s 31). The Act allows wide‑ranging data sharing for statutory functions, but practitioners should be alert to privacy laws and information‑handling obligations that may intersect with these powers and to the need for appropriate safeguards in regulations.

Checklist for issuing authorities (courts, registrars)

Provide information on request: If a court of another participating jurisdiction reasonably requests information about a DVO for functions under a corresponding law, the issuing authority must provide it (s 28(1)). Similarly, provide information to local or interstate law enforcement on reasonable request (s 28(2)).
Use certificates: When issuing or varying a local DVO, consider issuing a certificate under s 32 to record that the making or variation has been properly notified under WA law; it is admissible evidence and will assist enforcement in other jurisdictions (s 32(2)-(3)).
Record and flag DVOs for licensing and firearms: Ensure registries capture whether a DVO might affect licences or firearms entitlements so that appropriate information can be supplied/required by regulators under ss 20-21.

Checklist for local law enforcement agencies

Respond to reasonable requests for DVO information from interstate agencies (s 30) and obtain DVO information from issuing authorities in this or other jurisdictions as needed to exercise law enforcement functions (s 29).
Coordinate with the Commissioner of Police and licensing authorities on any recognised DVOs that may disqualify persons from firearms licences so administrative cancellation/refusal obligations under s 21(3) can be implemented.

Checklist for the Commissioner of Police and firearms administrators

Maintain processes to act on a recognised DVO that disqualifies a person from holding a non‑local firearms licence: cancel any held local licence or refuse to issue as required by s 21(3).
Ensure definitions and operational steps align with the Firearms Act 2024’s definitions and processes that interface with s 21.

Checklist for licensing/regulatory authorities

Treat non‑local recognised DVOs the same as local DVOs for grant, suspension and cancellation decisions under relevant WA laws (s 20(2)). Ensure application forms and checks capture recognised DVO status and that staff know where to request verification from issuing authorities or law enforcement.

Checklist for practitioners (representing protected persons or persons bound)

Proof of notification: If relying on a non‑local recognised DVO, obtain certificates under s 32 from authorised officers in the issuing jurisdiction (or registrars/police under s 32(4)) to prove proper notification and enforceability. For local DVOs, ensure service under the Restraining Orders Act is properly completed (s 17(1)).
Variation/cancellation strategy: If seeking variation or cancellation of a non‑local DVO, file in the WA court that would hear a local application and meet similar procedural requirements (s 25). Be prepared for the court to decline to hear the matter under s 26 and gather supporting material to address the factors listed in s 26(3) (residence, attendance difficulties, sufficiency of information, concurrent proceedings, alternatives, impact on children).
Declaration procedure: Where a DVO is not already a recognised DVO in WA, an applicant may seek a declaration under s 41. The application must be in a form approved by the court and accompanied by required information/evidence (s 42(1)-(2)). Note that notice is not to be served on the person bound unless the applicant consents (s 41(7), s 42(3)-(4)).

Administrative steps for applicants and agencies

Confirm issuing jurisdiction status: Check whether the issuing jurisdiction is a participating jurisdiction with a corresponding law prescribed by regulation. If not, consider applying for a declaratory order under s 41.
Check regulations: Because the Act relies on regulations to identify corresponding laws and prescribe foreign orders and prescribed persons/bodies, ensure the applicable regulations under s 33 are consulted to understand which orders are captured and which bodies can be provided DVO information.
Preserve financial remedies in issuing jurisdiction: If seeking monetary relief or costs, advise clients that such relief may not be enforceable in WA under s 22(1)-(2) and will likely need to be pursued in the issuing jurisdiction.

Record‑keeping and evidence

Maintain case files and service evidence in a way that supports certificates under s 32. Certificates from authorised officers of issuing jurisdictions are admissible in WA proceedings (s 32(4)), so obtain them timely.
Track the lifecycle of DVOs: Keep records of variations and cancellations in issuing jurisdictions because variations done elsewhere may be recognised in WA (s 12-13), and a later recognised DVO may supersede earlier comparable orders (s 14).

Coordination and training

Provide training for registrars, police and licensing staff about how non‑local recognised DVOs operate in WA, how to identify them, and how to process requests for information under Part 4. Clarify internal procedures for when to issue or rely on certificates under s 32 and steps to implement firearms cancellations per s 21.

Review and compliance monitoring

Agencies should note the mandatory review of the Act after three years from the relevant section’s commencement (s 34). Prepare to contribute data and operational feedback for that review, including statistics on cross‑jurisdictional recognitions, enforcement actions, cancelled licences, and applications for variation/cancellation or declarations.

In short, compliance involves: knowing when a DVO is a “recognised DVO”, proving proper notification (s 16-17, s 32), coordinating information exchange (Part 4), applying the enforcement rules that treat non‑local DVOs as local (ss 18-19), and implementing administrative duties such as firearms licence cancellation (s 21) and authorisation decisions (s 20). Check the current regulations and the Restraining Orders Act amendments to ensure processes align with delegated instruments and pre‑existing registration schemes (Part 7).

Deep Dive

What it does

Current sections