Div 4Variation or revocation of orders

Division 4—Variation or revocation of orders 26—Intervention orders (1) The Court may vary or revoke an intervention order on application by— (a) a police officer; or (b) a person protected by the order or a suitable representative of such a person given permission to apply by the Court; or (c) if the defendant or a person protected by the order is a child and there is 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) in force in respect of the child—the Minister responsible for the administration of that Act; or (d) the defendant. (2) If the person entitled to apply is a child, the application may be made— (a) by the child with the permission of the Court, if the child has attained the age of 14 years; or (b) on behalf of the child by— (i) a parent or guardian of the child; or (ii) a person with whom the child normally or regularly resides; or (iii) any other suitable representative of the child with the permission of the Court. (3) An application for variation or revocation of a final intervention order may only be made by the defendant after the date fixed by the order. (4) On an application for variation or revocation of a final intervention order by the defendant, the Court may, without receiving submissions or evidence from the protected person, dismiss the application— (a) if satisfied that the application is frivolous or vexatious; or (b) if not satisfied that there has been a substantial change in the relevant circumstances since the order was issued or last varied. (5) The Court must, before varying or revoking an intervention order under this section— (a) allow the Commissioner of Police, the defendant and each person protected by the order a reasonable opportunity to be heard on the matter; and (b) have regard to the same matters that the Court is required to have regard to in considering whether or not to make an intervention order and in considering the terms of an intervention order. (6) The Court may not vary a final intervention order by removing the firearms terms unless 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. (7) If an intervention order is varied, the order in its amended form must be served on the defendant in accordance with this section and until so served— (a) the variation is not binding on the defendant; but (b) the order as in force prior to the variation continues to be binding on the defendant. (7a) For the purposes of subsection (7), an order in its amended form is served on the defendant if— (8) If an intervention order is revoked, the Principal Registrar must serve written notice of the revocation on the defendant personally or by post at the address for service provided by the defendant under this Act or in some other manner authorised by the Court. (9) If an intervention order is varied or revoked, the Principal Registrar must— (a) give a copy of the order as varied by the Court, or notice of revocation of the order, to— (i) notify the Commissioner of Police in writing of the prescribed details of the order as varied by the Court, or that the order has been revoked; or (ii) give a copy of the order as varied by the Court, or notice of revocation of the order, to the Commissioner of Police. (10) The Principal Registrar must notify the relevant public sector agencies in writing of— (a) the prescribed details of intervention orders varied by the Court; or (b) the revocation of intervention orders by the Court. 26A—Interim variation where application made by police (1) If— (a) an application for variation of a final intervention order is made by a police officer under section 26; and (b) the applicant requests that the Court make an interim variation of the intervention order, pending final determination of the application, the Court must hold a preliminary hearing as soon as practicable and without summoning the defendant to appear. (2) If the application is made by telephone or other electronic means in accordance with rules of Court— (a) the preliminary hearing may occur by oral questioning of the applicant and any other available witness or by other means contemplated by the rules; and (b) if the Court is not satisfied that it is an appropriate case for completing the preliminary hearing without requiring the personal attendance of the applicant, the Court may adjourn the hearing to a time and place fixed by the Court and inform the applicant of the time and place so fixed. (3) At the preliminary hearing, the Court may— (a) issue an interim variation of the intervention order if it appears to the Court that there are grounds for issuing the variation; or (b) determine that the application should be dealt with under section 26 without the issuing of any interim variation order; or (c) dismiss the application (on any ground considered sufficient by the Court). (4) The Court may issue an interim variation of the intervention order on the basis of evidence received in the form of an affidavit but, in that case— (a) the deponent must, if the defendant so requires, appear personally to give oral evidence of the matters referred to in the affidavit at any hearing held for the purpose of finally determining the application for variation of the intervention order; and (b) if the deponent does not appear personally to give evidence as so required—the Court may not rely on the evidence contained in the affidavit for the purpose of finally determining the application. (5) An interim variation of an intervention order issued by the Court must require the defendant to appear before the Court at a specified time and place (within 8 days after the date of the order or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place). (6) An interim variation of an intervention order issued by the Court comes into force against the defendant when served on the defendant in accordance with this section. (7) For the purposes of subsection (6), an interim variation of an intervention order is served on the defendant if— (8) On an interim variation of an intervention order issued by the Court being served on the defendant, the defendant will be taken to have been issued a summons to appear before the Court as specified in the order for the purposes of proceedings to finally determine the application for variation of the final intervention order under section 26. (9) The Principal Registrar must— (a) give a copy of an interim variation of an intervention order issued by the Court to each person protected by the order; and (i) notify the Commissioner of Police in writing of the prescribed details of the order; or (ii) give a copy of the order to the Commissioner of Police. (10) The Principal Registrar must notify the relevant public sector agencies in writing of the prescribed details of an interim variation of an intervention order issued by the Court. (11) If a hearing is adjourned under this section, the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment. 27—Problem gambling orders (1) The Court may vary or revoke a problem gambling order— (a) on revoking the intervention order with which it is associated; or (b) on application by a defendant subject to the intervention order with which it is associated or a person for whose benefit the problem gambling family protection order to which the defendant is subject under the order applies. (2) If on revoking an intervention order the Court does not revoke an associated problem gambling order, the problem gambling family protection order to which the defendant is subject under the order continues in force under the Problem Gambling Family Protection Orders Act 2004 as if it had been issued under that Act and, consequently, is subject to variation or revocation by the Commissioner under that Act.