Div 1General

Division 1—General 6—Grounds for issuing intervention order There are grounds for issuing an intervention order against a person (the defendant) if— (a) it is reasonable to suspect that the defendant will, without intervention, commit an act of abuse against a person; and (b) the issuing of the order is appropriate in the circumstances. 7—Persons for whose protection intervention order may be issued (1) An intervention order may be issued for the protection of— (a) any person against whom it is suspected the defendant will commit an act of abuse; or (b) any child who may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person. (2) An intervention order may be issued for the protection of a person even if that person is not an applicant for the order and the application is not made on his or her behalf. (3) If an issuing authority proposes to intervene against a defendant for the protection of more than 1 person, it may do so by issuing a single intervention order or by issuing multiple intervention orders, as it considers appropriate in the circumstances. 8—Meaning of abuse—domestic and non‑domestic (1) Abuse may take many forms including physical, sexual, emotional, psychological or economic abuse. (2) An act is an act of abuse against a person if it results in or is intended to result in— (a) physical injury; or (b) emotional or psychological harm; or (c) an unreasonable and non‑consensual denial of financial, social or personal autonomy; or (d) damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person. (3) Emotional or psychological harm includes— (a) mental illness; and (b) nervous shock; and (c) distress, anxiety, or fear, that is more than trivial. (4) Emotional or psychological harm—examples Without limiting subsection (2)(b), an act of abuse against a person resulting in emotional or psychological harm may be comprised of any of the following: (a) sexually assaulting the person or engaging in behaviour designed to coerce the person to engage in sexual activity; (b) unlawfully depriving the person of his or her liberty; (c) driving a vehicle in a reckless or dangerous manner while the person is a passenger in the vehicle; (d) causing the death of, or injury to, an animal; (e) following the person; (f) loitering outside the place of residence of the person or some other place frequented by the person; (g) entering or interfering with property in the possession of the person; (h) giving or sending offensive material to the person, or leaving offensive material where it will be found by, given to or brought to the attention of the person; (i) publishing or transmitting offensive material by means of the Internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the person; (j) communicating with the person, or to others about the person, by way of mail, telephone (including associated technology), fax or the Internet or some other form of electronic communication in a manner that could reasonably be expected to cause emotional or psychological harm to the person; (k) keeping the person under surveillance; (l) directing racial or other derogatory taunts at the person; (m) threatening to withhold the person's medication or prevent the person accessing necessary medical equipment or treatment; (n) threatening to institutionalise the person; (o) threatening to withdraw care on which the person is dependent; (oa) forcing the person to marry another person; (ob) preventing the person from entering the person's place of residence; (oc) taking an invasive image (within the meaning of Part 5A of the Summary Offences Act 1953) of the person and threatening to distribute the image without the person's consent; (od) coercing a person to terminate a pregnancy; (oe) coercing a person to not terminate a pregnancy; (p) otherwise threatening to cause the person physical injury, emotional or psychological harm or an unreasonable and non‑consensual denial of financial, social or domestic autonomy or to cause damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person. (5) Unreasonable and non‑consensual denial of financial, social or personal autonomy—examples Without limiting subsection (2)(c), an act of abuse against a person resulting in an unreasonable and non‑consensual denial of financial, social or personal autonomy may be comprised of any of the following: (a) denying the person the financial autonomy that the person would have had but for the act of abuse; (b) withholding the financial support necessary for meeting the reasonable living expenses of the person (or any other person living with, or dependent on, the person) in circumstances in which the person is dependent on the financial support to meet those living expenses; (c) without lawful excuse, preventing the person from having access to joint financial assets for the purposes of meeting normal household expenses; (d) preventing the person from seeking or keeping employment; (e) causing the person through coercion or deception to— (i) relinquish control over assets or income; or (ii) claim social security payments; or (iii) sign a power of attorney enabling the person's finances to be managed by another person; or (iv) sign a contract for the purchase of goods or services; or (v) sign a contract for the provision of finance; or (vi) sign a contract of guarantee; or (vii) sign any legal document for the establishment or operation of a business; (f) without permission, removing or keeping property that is in the ownership or possession of the person or used or otherwise enjoyed by the person; (g) disposing of property owned by the person, or owned jointly with the person, against the person's wishes and without lawful excuse; (h) preventing the person from making or keeping connections with the person's family, friends or cultural group, from participating in cultural or spiritual ceremonies or practices, or from expressing the person's cultural identity; (i) exercising an unreasonable level of control and domination over the daily life of the person. (6) If a defendant commits an act of abuse against a person, or threatens to do so, in order to cause emotional or psychological harm to another person or to deny another person financial, social or personal autonomy, the defendant commits an act of abuse against that other person. (7) A defendant may commit an act of abuse by causing or allowing another person to commit the act or to take part in the commission of the act. (8) If the act of abuse is committed by a defendant against a person with whom the defendant is or was formerly in a relationship, it is referred to in this Act as an act of domestic abuse; and for that purpose, 2 persons are in a relationship if— (a) they are married to each other; or (b) they are domestic partners; or (c) they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or (e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or (g) 1 is a child who normally or regularly resides or stays with the other; or (h) they are brothers or sisters or brother and sister; or (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or (j) they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other. (9) An act of abuse may be committed by a defendant against a person with whom the defendant is not, and was not formerly, in a relationship (including in circumstances where the defendant imagines such a relationship) and such an act of abuse is referred to in this Act as an act of non‑domestic abuse. 9—Priority for certain interventions Proceedings relating to intervention against domestic abuse and proceedings brought by a bail authority under section 23A of the Bail Act 1985 must, as far as practicable, be dealt with as a matter of priority. 10—Principles for intervention against abuse (1) The following must be recognised and taken into account in determining whether it is appropriate to issue an intervention order and in determining the terms of an intervention order: (a) abuse occurs in all areas of society, regardless of socio‑economic status, health, age, culture, gender, sexuality, ability, ethnicity and religion; (b) abuse may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of behaviour; (c) it is of primary importance to prevent abuse and to prevent children from being exposed to the effects of abuse; (d) as far as is practicable, intervention should be designed— (i) to encourage defendants who it is suspected will, without intervention, commit abuse to accept responsibility and take steps to avoid committing abuse; and (ii) to minimise disruption to protected persons and any child living with a protected person and to maintain social connections and support for protected persons; and (iii) to ensure continuity and stability in the care of any child living with a protected person; and (iv) to allow education, training and employment of a protected person and any child living with a protected person, and arrangements for the care of such a child, to continue without interruption; and (v) if the defendant is a child— (A) to ensure the child has appropriate accommodation, care and supervision; and (B) to ensure the child has access to appropriate educational and health services; and (C) to allow the education, training and employment of the child to continue without interruption. (2) The following must also be taken into account in determining whether it is appropriate to issue an intervention order and in determining the terms of an intervention order: (a) any relevant Family Law Act order or State child protection order of which the issuing authority has been informed; (b) how the intervention order would be likely to affect contact (in accordance with a relevant Family Law Act order or State child protection order or otherwise) between— (i) the protected person or the defendant; and (ii) any child of, or in the care of, either of those persons; (c) any relevant agreement or order for the division of property under the Family Law Act 1975 of the Commonwealth, or the Domestic Partners Property Act 1996 or a corresponding law of another jurisdiction, of which the issuing authority has been informed; (d) if considering whether to prohibit the defendant from taking possession of property or to require the defendant to return property to a protected person or to allow a protected person to recover or have access to or make use of property—the income, assets and liabilities of the defendant and the protected person (to the extent that the issuing authority has been informed of those matters); (e) any other legal proceedings between the defendant and protected person of which the issuing authority has been informed. (3) Before issuing an intervention order the issuing authority must consider whether, if the whereabouts of a person proposed to be protected by the order are not known to the defendant, the issuing of the order would be counterproductive. (4) An issuing authority may take into account any other factor the authority considers relevant in the circumstances. 11—Ongoing effect of intervention order (1) An intervention order is ongoing and continues in force (subject to any variation or substitution of the order under this Act) until it is revoked. (2) Consequently, an issuing authority may not fix a date for the expiry of an intervention order or otherwise limit the duration of an intervention order. 12—Terms of intervention order—general (1) An intervention order may do any 1 or more of the following: (a) prohibit the defendant from being on, or within the vicinity of, premises at which a protected person resides or works; (b) prohibit the defendant from being on, or within the vicinity of, specified premises frequented by a protected person; (c) prohibit the defendant from being in a specified locality; (d) prohibit the defendant from approaching within a specified distance of a protected person; (e) prohibit the defendant from contacting, harassing, threatening or intimidating a protected person or any other person at a place where the protected person resides or works; (f) prohibit the defendant from damaging specified property; (g) prohibit the defendant from taking possession of specified personal property reasonably needed by a protected person; (h) prohibit the defendant from causing or allowing another person to engage in the conduct referred to in any of paragraphs (e) to (g); (i) require the defendant to surrender specified weapons or articles that have been used, or that there is some reason to believe might be used, by the defendant to commit an act of abuse against a protected person; (j) require the defendant to return specified personal property to a protected person; (k) require the defendant to allow a protected person to recover or have access to or make use of specified personal property and to allow the person to be accompanied by a police officer or other specified person while doing so; (l) impose any other requirement on the defendant to take, or to refrain from taking, specified action. (2) An intervention order may specify— (a) conditions under which a prohibition imposed by the order does not apply; and (b) conditions that must be complied with in relation to a requirement imposed by the order. (3) If an intervention order is designed to prevent a form of abuse involving the use or threatened use of particular weapons or articles, the terms of the order should, as far as is practicable, include surrender of the weapons or articles or other measures designed to minimise the risk of the defendant using or threatening to use the weapons or articles to commit an act of abuse against the protected person. (4) If an interim intervention order requires the surrender of specified weapons or articles, the order must provide for their safe keeping until the determination of proceedings under section 23, but otherwise an intervention order may specify how surrendered weapons or articles are to be dealt with or disposed of. (5) An intervention order may be issued against the defendant in relation to premises or property despite the fact that the defendant has a legal or equitable interest in the premises or property. (6) If an intervention order prohibits the defendant from being on, or within the vicinity of, premises at which a protected person resides— (a) the protected person may, despite any other Act or law, change any external door or window lock of the premises (and, if the premises are rented and a lock is so changed, the protected person must give a key to the lock to the landlord, except if the defendant is the landlord); and (b) if the defendant is a party to a tenancy agreement for the premises—the defendant may not, despite any other Act or law, take any action to terminate the tenancy agreement before the determination of the proceedings under section 23. 13—Terms of intervention order—intervention programs (1) An intervention order may require the defendant to undergo an assessment by the intervention program manager to determine— (a) a form of intervention program that is appropriate for the defendant; and (b) the defendant's eligibility for the services included on the program. (2) An intervention order issued by the Court may require the defendant to undertake an intervention program if the intervention program manager has advised the Court that— (a) the defendant is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and (b) those services are available for the defendant at a suitable time and place. (3) If an intervention order contains a requirement under this section, the defendant must comply with requirements regulating his or her participation in the assessment or intervention program notified from time to time by the defendant's case manager. (4) The Court must endeavour to ensure that the defendant understands that— (a) failure to comply with a requirement referred to in subsection (3) constitutes a contravention of the term of the intervention order imposed under this section; and (b) the Court may, if the person is found guilty of any such contravention, order the defendant to make a payment of not more than the prescribed amount toward the cost of any intervention program the defendant may be required to undertake in accordance with the intervention order, (but failure to comply with this subsection will not make an order under this section invalid). 14—Terms of intervention order—firearms (1) Subject to this section, an intervention order must include the following terms (the firearms terms): (a) any firearm, ammunition or part of a firearm in the possession of the defendant and any licence or permit held by the defendant authorising possession of a firearm must be surrendered to the Registrar of Firearms; (b) while an intervention order remains in force against the defendant— (i) any licence or permit held by the defendant authorising possession of a firearm is suspended; and (ii) the defendant is disqualified from holding or obtaining a licence or permit authorising possession of a firearm; and (iii) the defendant is prohibited from possessing a firearm, ammunition or part of a firearm in the course of his or her employment. (2) The Court need not include the firearms terms in a final intervention order if satisfied that the defendant has never been guilty of violent or intimidatory conduct and needs to have a firearm for purposes related to earning a livelihood. 15—Terms of intervention order—date after which defendant may apply for variation or revocation (1) The Court may, when issuing or varying a final intervention order, include a term fixing a date after which the defendant may apply for variation (or further variation) or revocation of the order. (2) The date must fall at least 12 months after the date of issue or variation of the order. (3) If the Court does not include in a final intervention order a term under subsection (1), the order will be taken to include a term fixing the date falling 12 months after the date of issue or variation of the order as the date after which the defendant may apply for variation (or further variation) or revocation of the order. 15A—Declaration that intervention order addresses domestic violence concern (1) Whenever an issuing authority issues an intervention order, the issuing authority must decide whether the order addresses a domestic violence concern. (2) If the order does address a domestic violence concern, the issuing authority must declare the order to be an order that addresses a domestic violence concern. (3) The declaration must be included in the order. (4) An intervention order will be taken to address a domestic violence concern for the purposes of Part 3A if the order is made because the defendant has committed, or because it is feared the defendant will commit, an act of domestic abuse. 16—Inconsistent Family Law Act or State child protection orders (1) An intervention order is invalid to the extent of any inconsistency with a Family Law Act order of a kind referred to in section 68R of the Family Law Act 1975 of the Commonwealth (but the Court may resolve the inconsistency by exercising its power to revive, vary, discharge or suspend the Family Law Act order under that section). (2) An intervention order prevails over a State child protection order (being an order under section 38 of the Children's Protection Act 1993 or a corresponding order made under section 53 of the Children and Young People (Safety) Act 2017) to the extent of any inconsistency (but the Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety) Act 2017). 17—Explanation for defendant and protected persons An issuing authority must endeavour to ensure that the defendant and protected persons understand— (a) the terms and effect of an intervention order and any associated order, including, in the case of an interim intervention order, that the order acts as a summons; and (b) if relevant, the effect of section 16; and (c) that a protected person cannot give permission for contravention of an order, (but failure to do so will not make an order invalid).