29DReview of declaration of serial family violence perpetrator

### 29D Review of declaration of serial family violence perpetrator > [*\[Section 29D Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN) > > > (1)  The DPP may make an application to a court or judge (***a review application***) for a review of a declaration of an offender as a serial family violence perpetrator. > > > (2)  An offender may make an application to a court or judge (***a review application***) for a review of a serial family violence declaration on the grounds that exceptional circumstances apply in relation to the offender. > > > (3)  A review application is to be in writing. > > > (4)  A copy of – > > > > > > (a) a review application under [subsection (1)](#GS29D@Gs1@EN) is to be served on the offender to whom the declaration relates; and > > > > > > > (b) a review application under [subsection (2)](#GS29D@Gs2@EN) is to be served on the DPP. > > > (5)  A review application may be withdrawn or discontinued by leave of the court or a judge. > > > (6)  On a review application in relation to the declaration of an offender as a serial family violence perpetrator, the court or judge may, after taking into account the matters that would be taken into account by a court or judge under [section 29A(3)](#GS29A@Gs3@EN) when determining whether to make such a declaration – > > > > > > (a) make an order discharging the declaration if satisfied that the declaration need no longer apply; or > > > > > > > (b) in the case of a review application under [subsection (1)](#GS29D@Gs1@EN) , make an order extending the duration of the declaration if satisfied that the duration of the declaration should be extended; or > > > > > > > (c) refuse to make an order under [paragraph (a)](#GS29D@Gs6@Hpa@EN) or [(b)](#GS29D@Gs6@Hpb@EN) . > > > (7)  The duration of a serial family violence declaration may be extended by a court or judge under [subsection (6)(b)](#GS29D@Gs6@Hpb@EN) for such period not exceeding 5 years as the court or judge determines. > > > (8)  A review application under this section may not be made to an inferior court of criminal jurisdiction to the court that made the declaration. > > > (9)  The discharge of a declaration in relation to an offender does not affect a sentence of imprisonment imposed on the offender.