Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Intervention Orders (Prevention of Abuse) Act 2009. 3—Interpretation (1) In this Act, unless the contrary intention appears— abuse and act of abuse—see section 8; ammunition has the same meaning as in the Firearms Act 2015; associated order means a problem gambling order or tenancy order made in association with a final intervention order; case manager means a person responsible for supervision of a defendant's participation in an intervention program; child means a person who has not attained 18 years of age; cognitive impairment includes— (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); (c) a mental illness; Commissioner has the same meaning as in the Gambling Administration Act 1995; contravene includes fail to comply; Court means the Magistrates Court of South Australia; defendant—see section 6; domestic abuse—see section 8(8); domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; domestic violence concern—see sections 15A and 29C; Family Law Act order means an order, injunction, undertaking, plan, recognisance or other form of obligation imposed or agreement made under the Family Law Act 1975 of the Commonwealth; final intervention order means— (a) an interim intervention order (whether issued by a police officer or the Court) confirmed as a final intervention order by the Court under section 23; or (b) a final intervention order issued by the Court under section 23 in substitution for an interim intervention order; firearm has the same meaning as in the Firearms Act 2015; firearms terms—see section 14; foreign intervention order means an order, notice or other form of requirement under the law of another State, a Territory of the Commonwealth or New Zealand declared by regulation to be a foreign intervention order; interim intervention order means— (a) an interim intervention order issued by a police officer under section 18; or (b) an interim intervention order issued by the Court under section 21; intervention order means— (a) an interim intervention order; or (b) a final intervention order, as the case requires; intervention program means a program that provides— (a) supervised treatment; or (b) supervised rehabilitation; or (c) supervised behaviour management; or (d) supervised access to support services; or (e) a combination of any 1 or more of the above, designed to address behavioural problems (including problem gambling), substance abuse or mental impairment; intervention program manager means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person); issuing authority— (a) in relation to an interim intervention order—means the police officer who, or the Court that, issues the interim intervention order; and (b) in relation to a final intervention order—means the Court— (i) that confirms the interim intervention order as a final intervention order under section 23; or (ii) that issues the final intervention order under section 23 in substitution for an interim intervention order, (as the case may be); non‑domestic abuse—see section 8(9); offensive material—see subsection (2); Principal Registrar means the Principal Registrar of the Court; problem gambling order—see section 24; protected person means a person for whose protection an intervention order is issued; public sector agency has the same meaning as in the Public Sector Act 2009, but does not include the Legal Services Commission; relevant public sector agency means— (a) the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Children's Protection Act 1993; or (b) the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011; or (c) the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972; or (d) the South Australian Housing Trust; or (f) the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Supported Residential Facilities Act 1992; or (g) the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982; State child protection order means an order made under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017; tenancy agreement means an agreement under which a person grants another person, for valuable consideration, a right (which may, but need not be, an exclusive right) to occupy premises for residential purposes, and includes a residential parks agreement within the meaning of the Residential Parks Act 2007; tenancy order—see section 25. (2) For the purposes of determining whether material is offensive material, the circumstances of a dealing with the material may be taken into account but, if material was inherently offensive material, the circumstances of a dealing with the material cannot be taken to have deprived it of that character. 4—Application of Act outside State This Act applies to an act of abuse whether it takes place in or outside this State and an intervention order may be issued against a person resident in or outside this State.