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]

(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) is to be served on the offender to whom the declaration relates; and

(b) a review application under subsection (2) 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(5)  A review application may be withdrawn or discontinued by leave of the court or a judge.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) 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) , 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) or (b) .

(7)  The duration of a serial family violence declaration may be extended by a court or judge under subsection (6)(b) for such period not exceeding 5 years as the court or judge determines.