sec.126AAEffect of setting aside or revoking domestic violence order or police protection direction

sec.126AA Effect of setting aside or revoking domestic violence order or police protection direction

This section applies if— a person is named as the respondent in a domestic violence order; and the person appeals against the decision to make the domestic violence order under— the Domestic and Family Violence Protection Act 2012 , section 164 ; or a law of another State or New Zealand that provides for the same matter as that section; and the decision to make the domestic violence order is set aside under— the Domestic and Family Violence Protection Act 2012 , section 169 ; or a law of another State or New Zealand that provides for the same matter as that section. This section also applies if— a person is named as the respondent in a police protection direction; and the direction is— revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or set aside under section 100ZD of that Act. For this Act, the domestic violence order or police protection direction is taken not to have been made. Subsection (4) applies if, before the decision to make the domestic violence order is set aside or the police protection direction is revoked or set aside, the chief inspector decides to refuse to give the person a security clearance, or to refuse to renew the person’s security clearance, on the ground the person is not a suitable person to hold the security clearance because the person is named as the respondent in the domestic violence order or police protection direction. Subsection (2) does not affect the validity of the chief inspector’s decision. s 126AA ins 2019 No. 7 s 81 amd 2025 No. 18 s 58 (sec.126AA-ssec.1) This section applies if— a person is named as the respondent in a domestic violence order; and the person appeals against the decision to make the domestic violence order under— the Domestic and Family Violence Protection Act 2012 , section 164 ; or a law of another State or New Zealand that provides for the same matter as that section; and the decision to make the domestic violence order is set aside under— the Domestic and Family Violence Protection Act 2012 , section 169 ; or a law of another State or New Zealand that provides for the same matter as that section. (sec.126AA-ssec.1A) This section also applies if— a person is named as the respondent in a police protection direction; and the direction is— revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or set aside under section 100ZD of that Act. (sec.126AA-ssec.2) For this Act, the domestic violence order or police protection direction is taken not to have been made. (sec.126AA-ssec.3) Subsection (4) applies if, before the decision to make the domestic violence order is set aside or the police protection direction is revoked or set aside, the chief inspector decides to refuse to give the person a security clearance, or to refuse to renew the person’s security clearance, on the ground the person is not a suitable person to hold the security clearance because the person is named as the respondent in the domestic violence order or police protection direction. (sec.126AA-ssec.4) Subsection (2) does not affect the validity of the chief inspector’s decision.