National Domestic Violence Order Scheme Act 2016 (Victoria)

The National Domestic Violence Order Scheme Act 2016 (Vic) establishes a statutory mechanism for recognition, enforcement, variation and revocation in Victoria of domestic violence orders (DVOs) made outside Victoria, together with information‑sharing obligations between Victorian authorities and their interstate counterparts. The Act defines which instruments are DVOs (local DVOs, interstate DVOs and registered foreign orders) and sets the moment and conditions by which a non‑local DVO becomes a "recognised DVO" in Victoria and becomes enforceable against a respondent in Victoria (see ss 4, 5-7, 9, 10 and 15).

Mechanically, the Act does the following:

Declares which orders are recognised in Victoria (s 10): local DVOs; interstate DVOs made in participating jurisdictions; and foreign orders that are registered foreign orders in a participating jurisdiction.
Treats recognised non‑local DVOs as having the same legal effect in Victoria as local DVOs (ss 15, 17, 18): enforceable against the respondent and capable of being enforced in Victoria as if made here.
Specifies when a DVO or a variation becomes enforceable in Victoria (s 15) and what constitutes proper notification (s 16).
Provides powers for Victorian courts to vary or revoke recognised non‑local DVOs (Part 4, notably ss 23-25), subject to limits where the issuing jurisdiction would not permit variation or revocation (s 23(2)).
Establishes a mechanism for registrars to declare otherwise non‑recognised orders to be recognised DVOs in Victoria (s 39), including orders from non‑participating jurisdictions (s 39(3)); with application rules set out in s 40.
Requires Victorian issuing authorities and law enforcement to obtain and provide prescribed DVO information to interstate counterparts upon request (ss 27-29), and admits certificates from authorised officers of other jurisdictions as prima facie proof about notification (s 30).

Version No. 004

National Domestic Violence Order Scheme Act 2016

No. 53 of 2016

Version incorporating amendments as at
31 July 2019

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Object of Act 1

Part 2—Interpretation 2

4 Definitions 2

5 Local DVO 5

6 Interstate DVO 5

7 Registered foreign order 5

8 Domestic violence concerns—SA and WA orders 5

9 Special provisions for foreign orders 6

Part 3—National recognition of DVOs 8

Division 1—General principles 8

10 Recognition of DVOs 8

11 Variations to DVO 8

12 Revocation of recognised DVO 9

13 Recognised DVO prevails over earlier comparable DVOs 10

14 Making of new orders 11

Division 2—Enforcement of recognised DVOs 11

15 Recognised DVOs and variations are enforceable against respondent 11

16 Properly notified—meaning 12

17 Contravention of enforceable recognised DVO 13

Division 3—Enforcement of non-local DVOs 14

18 Non-local DVO to be treated as local DVO 14

19 Recognition of disqualification to hold firearms licence 14

20 Recognition of disqualification to hold weapons licence 15

21 Orders for costs 17

Part 4—Variation and revocation of recognised non-local DVOs 18

22 Definition 18

23 Power of court to vary or revoke recognised non‑local DVOs 18

24 Application for variation or revocation of recognised non-local DVO 19

25 Decision about hearing of application 19

26 Children's Court may vary or revoke recognised non-local DVO on own motion 21

Part 5—Exchange of information 22

27 Victorian issuing authorities may obtain DVO information 22

28 Victorian law enforcement agencies may obtain DVO information 22

29 Information to be provided to interstate law enforcement agencies and issuing authorities 22

Part 6—Miscellaneous 24

30 Certificate evidence—notification 24

31 Regulations 24

Part 7—Transitional provisions 26

Division 1—Preliminary 26

32 Definition 26

33 Enforcement of DVOs under other provisions 26

Division 2—DVOs to which scheme applies 26

34 DVOs made in Victoria 26

35 DVOs made in other jurisdictions 27

Division 3—Extension of scheme to older DVOs 27

36 DVOs declared to be recognised DVOs 27

37 DVOs declared to be recognised in other jurisdictions before commencement date 28

Division 4—Power to declare DVO to be recognised 28

38 Definitions 28

39 Power to declare DVO to be recognised 29

40 Application for order 30

═══════════════

Endnotes 32

1 General information 32

2 Table of Amendments 34

3 Amendments Not in Operation 35

4 Explanatory details 36

Version No. 004

National Domestic Violence Order Scheme Act 2016

No. 53 of 2016

Version incorporating amendments as at
31 July 2019

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for a national recognition scheme for family violence intervention orders and family violence safety notices, and other domestic violence orders; and

(b) to make consequential amendments to the Family Violence Protection Act 2008 and other Acts.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

3 Object of Act

The object of this Act is to establish, in conjunction with the corresponding laws, a national recognition scheme for domestic violence orders.

Part 2—Interpretation

4 Definitions

In this Act—

corresponding law means a law of another jurisdiction that—

(a) contains provisions that substantially correspond to this Act; or

(b) a prescribed law;

domestic violence concern—see section 8;

DVO means—

(a) a local DVO; or

(b) an interstate DVO; or

family violence intervention order means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008;

family violence safety notice means a family violence safety notice within the meaning of section 4 of the Family Violence Protection Act 2008;

final order means a DVO that is not an interim DVO;

foreign order means a New Zealand DVO;

general violence order means—

(a) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia; or

(b) a violence restraining order under the Restraining Orders Act 1997 of Western Australia, other than—

(i) a violence restraining order made under section 11B of that Act; or

(ii) a police order under that Act;

interim DVO means a DVO that is of an interim or provisional nature and, to avoid doubt, includes the following—

(a) any DVO made by a police officer;

(b) a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland;

interstate DVO—see section 6;

interstate law enforcement agency means—

(a) the police force of another jurisdiction; or

(b) any other agency of another jurisdiction responsible for the enforcement of DVOs in that jurisdiction;

issuing authority means a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction;

issuing jurisdiction, in relation to a DVO, means the jurisdiction in which the DVO is made;

jurisdiction means a State or a Territory;

local DVO—see section 5;

local law enforcement agency means Victoria Police;

make, in relation to a DVO, includes issue;

New Zealand DVO means an order made under the Domestic Violence Act 1995 of New Zealand or under an Act repealed by that Act;

non-local DVO means—

(a) an interstate DVO; or

(b) a foreign order;

participating jurisdiction means the following jurisdictions—

(a) Victoria;

(b) a jurisdiction in which a corresponding law is enacted;

properly notified—see section 16;

protected person means a person for whose protection or benefit a DVO is made;

recognised DVO—see sections 10 and 36;

recognised variation—see section 11;

registered foreign order—see section 7;

respondent means a person against whom a DVO is made;

revoke, in relation to a DVO, includes cancel;

vary, in relation to a DVO, includes the following—

(a) amend or modify the DVO;

(b) add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions;

5 Local DVO

(1) A local DVO means—

(a) a family violence intervention order; or

(b) a family violence safety notice.

(2) A registered foreign order is not a local DVO.

6 Interstate DVO

(1) An interstate DVO means a prescribed order that—

(a) substantially corresponds to a local DVO; and

(b) is made under a law of another jurisdiction that contains provisions that substantially correspond to the Family Violence Protection Act 2008.

(2) A registered foreign order is not an interstate DVO.

7 Registered foreign order

A registered foreign order means a foreign order that is—

(a) a corresponding New Zealand order registered under Part 10 of the Family Violence Protection Act 2008; or

(b) a prescribed order that is registered under a law of another jurisdiction that contains provisions that substantially correspond to Part 10 of the Family Violence Protection Act 2008.

8 Domestic violence concerns—SA and WA orders

(1) An intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia addresses a domestic violence concern if the order is made because it is reasonable to suspect that the respondent will, without intervention, commit an act of domestic abuse (within the meaning of that Act).

(2) A violence restraining order under the Restraining Orders Act 1997 of Western Australia addresses a domestic violence concern if the order is made because the respondent has committed, or because it is feared the respondent will commit, an act of family and domestic violence (within the meaning of section 6 of that Act).

(3) A general violence order is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern if—

(a) it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or

(b) a registrar of a court of the jurisdiction in which the order was made makes an order declaring the order to be a recognised DVO in that jurisdiction.

(4) An order in a prescribed class of order made in a participating jurisdiction is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern.

9 Special provisions for foreign orders

(1) For the purpose of this Act, a registered foreign order—

(a) is taken to be made in the jurisdiction in which it is registered as a registered foreign order; and

(b) is taken to be made when it becomes a registered foreign order in that jurisdiction.

(2) A registered foreign order is varied or revoked, for the purpose of this Act, if its registration as a registered foreign order is varied or revoked.

(3) A power conferred by this Act to vary or revoke a registered foreign order is a power to vary or revoke registration of the order as a registered foreign order.

Part 3—National recognition of DVOs

Division 1—General principles

10 Recognition of DVOs

(1) Each of the following DVOs is a recognised DVO in Victoria—

(a) a local DVO;

(b) an interstate DVO made in a participating jurisdiction;

Note

Recognition can also extend to DVOs made in jurisdictions that are not, or are not yet, participating jurisdictions. See Part 7.

(2) A DVO becomes a recognised DVO when it is made.

Note

A foreign order is taken to be made when it is registered as a registered foreign order.

(3) A DVO is a recognised DVO, subject to this Act, for the period for which it remains in force in the jurisdiction in which it is made.

11 Variations to DVO

(1) A variation to a recognised DVO that is done in Victoria or another jurisdiction is a recognised variation in Victoria in the circumstances provided for by this section.

(2) A variation to a local DVO is a recognised variation in Victoria if the variation is done—

(a) in Victoria by a court; or

(b) in another participating jurisdiction by a court under a corresponding law.

(3) A variation to an interstate DVO or foreign order is a recognised variation in Victoria if the variation is done—

(a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or

(b) in any participating jurisdiction by a court under this Act or a corresponding law.

Note

The issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered.

(4) A variation is recognised from the time that it is done.

12 Revocation of recognised DVO

(1) A DVO ceases to be a recognised DVO if the DVO is revoked in Victoria or another jurisdiction and that revocation is recognised in Victoria.

(2) A revocation of a local DVO is recognised in Victoria if the revocation is done—

(a) in Victoria by a court; or

(b) in another participating jurisdiction by a court under a corresponding law.

(3) A revocation of an interstate DVO or foreign order is recognised in Victoria if the revocation is done—

(a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or

(b) in any participating jurisdiction by a court under this Act or a corresponding law.

(4) The DVO ceases to be a recognised DVO from the time it is revoked.

13 Recognised DVO prevails over earlier comparable DVOs

(1) A recognised DVO that is enforceable against a respondent in Victoria (a new DVO) supersedes—

(a) any comparable recognised DVO made earlier than the new DVO; and

(b) any comparable local DVO made earlier than the new DVO (whether or not the local DVO is a recognised DVO).

(2) The earlier comparable DVO is superseded from the time the recognised DVO becomes enforceable against the respondent.

(3) A recognised DVO that is superseded ceases to be a recognised DVO.

(4) A local DVO that is superseded is revoked.

(5) A DVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new DVO.

(6) Accordingly, a DVO continues to be a recognised DVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new DVO.

(7) A DVO made by a police officer does not supersede a comparable DVO made by a court (of any jurisdiction).

(8) A DVO is comparable with another DVO if—

(a) the DVOs are made against the same respondent; and

(b) the DVOs are made for the protection of one or more of the same protected persons.

Note

A family violence safety notice prevails over an earlier-made recognised DVO made by a court of another jurisdiction as it operates in Victoria in the circumstances set out in section 40 of the Family Violence Protection Act 2008.

14 Making of new orders

Nothing in this Act prevents a person from applying for, or an issuing authority from making, a local DVO even though there is a recognised DVO in force that applies to the same respondent.

Division 2—Enforcement of recognised DVOs

15 Recognised DVOs and variations are enforceable against respondent

(1) A recognised DVO, or a recognised variation
to a recognised DVO, is enforceable against the respondent in Victoria.

(2) A recognised DVO that is a local DVO becomes enforceable against the respondent in Victoria when the respondent is properly notified of the making of the DVO under the law of Victoria.

(3) A recognised DVO that is a non-local DVO (other than a foreign order) becomes enforceable against a respondent in Victoria when the respondent is properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.

(4) A recognised DVO that is a foreign order becomes enforceable against a respondent in Victoria from the time it becomes a recognised DVO.

(5) A recognised variation to a recognised DVO becomes enforceable against the respondent in Victoria when the respondent is properly notified of the variation under the law of the jurisdiction in which the variation is done.

16 Properly notified—meaning

(1) The making of a local DVO is properly notified under the law of Victoria if—

(a) in the case of a local DVO that is a family violence safety notice, the respondent is served with the notice and is given an explanation of the notice in accordance with the Family Violence Protection Act 2008; or

(b) in the case of a local DVO that is a family violence intervention order—

S. 16(1)(b)(i) amended by Nos 19/2017 s. 64, 33/2018 s. 96.

(i) the respondent is given an explanation of the order in accordance with section 57(1), 60G(1) or 96(1) of the Family Violence Protection Act 2008; or

(ii) the respondent is served in accordance with the Family Violence Protection Act 2008 and given a copy of the family violence intervention order.

(2) The making of an interstate DVO is properly notified under the law of the jurisdiction in which it is made in the circumstances provided for by the corresponding law of that jurisdiction.

(3) A variation to a recognised DVO that is done in Victoria is properly notified under the law of Victoria if—

S. 16(3)(a) amended by No. 19/2017 s. 64.

(a) the respondent is given an explanation of the order in accordance with section 57(1) or 96(1) of the Family Violence Protection Act 2008; or

(b) the respondent is served in accordance with the Family Violence Protection Act 2008 and given a copy of the order as varied.

(4) A variation to a recognised DVO that is done in another jurisdiction is properly notified under the law of that jurisdiction in the circumstances provided for by the corresponding law of that jurisdiction.

17 Contravention of enforceable recognised DVO

(1) A non-local DVO that is a recognised DVO and which is enforceable against a respondent in Victoria may be enforced in Victoria—

(a) as if it were a local DVO; and

(b) as if the respondent had been properly notified of the making of the DVO under the law of Victoria.

(2) A recognised variation to a non-local DVO that is a recognised DVO and which is enforceable in Victoria may be enforced in Victoria as if it were a variation to a local DVO.

(3) A recognised variation to a recognised DVO made in another jurisdiction that is enforceable against the respondent in Victoria may be enforced as if the respondent had been properly notified of the variation under the law of Victoria.

(4) This section does not affect any law of Victoria that requires a geographical nexus to exist between Victoria and an offence for a person to be guilty of an offence under the law of Victoria.

Division 3—Enforcement of non-local DVOs

18 Non-local DVO to be treated as local DVO

(1) A recognised DVO that is a non-local DVO has the same effect in Victoria as a local DVO.

(2) A prohibition, restriction or condition imposed by a non-local DVO has the same meaning as it would have in the jurisdiction in which the DVO was made, but may be enforced in Victoria as if it were a prohibition, restriction or condition of a local DVO.

19 Recognition of disqualification to hold firearms licence

(1) If a non-local DVO that is a recognised DVO disqualifies a person from holding a non-local firearms licence, or type of non-local firearms licence, the person is also disqualified from holding a local firearms licence or local firearms licence of the same type (as the case requires).

(2) On becoming aware that a person is disqualified from holding a firearms licence by a non-local DVO that is a recognised DVO, the Chief Commissioner of Police must cancel any local firearms licence held by the person.

(3) The Chief Commissioner of Police must refuse to issue a local firearms licence to a person or refuse to renew a local firearms licence held by a person if the person is disqualified from holding a firearms licence by a non-local DVO that is a recognised DVO.

(4) A recognised DVO disqualifies a person from holding a non-local firearms licence or type of non-local firearms licence if the DVO expressly—

(a) disqualifies the person from holding a non‑local firearms licence or type of non‑local firearms licence; or

(b) revokes or requires the person to surrender a non-local firearms licence or type of non‑local firearms licence held by the person.

(5) This section does not apply to a recognised DVO that is a final order.

Note

A respondent to a recognised DVO that is a final order
is a prohibited person for the purposes of the Firearms Act 1996.

(6) In this section—

local firearms licence means a licence, permit or other authorisation under the Firearms Act 1996;

non-local firearms licence means a licence, permit or other authorisation to possess a firearm (within the meaning of the Firearms Act 1996) issued under the law of another jurisdiction or country.

20 Recognition of disqualification to hold weapons licence

(1) If a non-local DVO that is a recognised DVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence, the person is also disqualified from holding a local weapons licence or local weapons licence of the same type (as the case requires).

(2) On becoming aware that a person is disqualified from holding a weapons approval by a non-local DVO that is a recognised DVO, the Chief Commissioner of Police must revoke any weapons approval held by the person.

(3) The Chief Commissioner of Police must refuse to grant a weapons approval to a person who is disqualified from holding a weapons approval by a non-local DVO that is a recognised DVO.

(4) A weapons exemption under section 8B of the Control of Weapons Act 1990—

(a) must not be granted in respect of a person who is disqualified from holding the weapons exemption by a non-local DVO that is a recognised DVO; and

(b) if granted in respect of a class of person or persons identified by a particular description, does not apply to a person—

(i) who is so disqualified from holding the weapons exemption by a non-local DVO that is a recognised DVO; and

(ii) who is a member of that class or who satisfies that description (as the case requires).

(5) A recognised DVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence if the DVO expressly—

(a) disqualifies the person from holding a non‑local weapons licence or type of non‑local weapons licence; or

(b) revokes or requires the person to surrender a non-local weapons licence or type of non‑local weapons licence held by the person.

(6) This section does not apply to a recognised DVO that is a final order.

Note

A respondent to a recognised DVO that is a final order is a prohibited person for the purposes of the Control of Weapons Act 1990.

(7) In this section—

local weapons licence means—

(a) a weapons approval under section 8C of the Control of Weapons Act 1990;

(b) a weapons exemption under section 8B of the Control of Weapons Act 1990;

non-local weapons licence means a licence, permit or other authorisation to possess a prohibited weapon (within the meaning of the Control of Weapons Act 1990) issued under the law of another jurisdiction or country.

21 Orders for costs

(1) A non-local DVO, to the extent that it requires the payment of money, cannot be enforced in Victoria.

(2) The recognition of a DVO made in another jurisdiction does not confer power on a court or tribunal of Victoria to award costs in respect of any proceeding relating to the DVO that occurred in another jurisdiction.

(3) This section does not prevent a court or tribunal awarding costs in respect of any proceeding in Victoria relating to the variation or revocation of a recognised DVO.

Part 4—Variation and revocation of recognised non-local DVOs

22 Definition

In this Part—

court means—

(a) the Magistrates' Court; or

(b) the Children's Court.

23 Power of court to vary or revoke recognised non‑local DVOs

(1) A court may vary or revoke a recognised DVO that is a non-local DVO in accordance with this Part as if the DVO were a local DVO.

(2) A court cannot vary or revoke a non-local DVO if it is a kind of DVO that cannot be varied or revoked by a court in the jurisdiction in which the DVO was made.

(3) A variation to or revocation of a recognised DVO that is done under this Part is not limited in its operation to Victoria.

(4) This Part does not apply to the variation or revocation of a foreign order that is registered as a registered foreign order in Victoria.

(5) To avoid doubt, if a court varies a recognised DVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for the purpose of this Act, as the jurisdiction in which the DVO was made.

24 Application for variation or revocation of recognised non-local DVO

(1) An application for the variation or revocation of a recognised DVO that is a non-local DVO may be made to a court as if it were an application for variation or revocation of a local DVO by any person who would be able to make the application if the DVO were a local DVO.

(2) An application—

(a) is to be made to a court that would have power to hear the application if the DVO were a local DVO; and

(b) is to be made in accordance with any requirements that would apply if the DVO were a local DVO; and

25 Decision about hearing of application

(1) A court that deals with an application for variation or revocation of a non-local DVO may decide to hear the application or decline to hear the application.

(2) In making that decision, the court may consider the following matters (to the extent relevant)—

(a) the jurisdiction in which the respondent and the protected person or persons under the DVO generally reside or are employed;

(b) any difficulty the respondent to the proceeding may have in attending the proceeding;

(c) whether there is sufficient information available to the court in relation to the DVO and the basis on which it was made;

(d) whether any proceeding is being taken in respect of an alleged contravention of the DVO and the jurisdiction in which that proceeding is being taken;

(e) the practicality of the applicant (if not the respondent under the DVO) applying for and obtaining a local DVO against the respondent with similar prohibitions or restrictions;

(f) the impact of the application on any children who are family members of the protected person or the respondent;

(g) any other matters the court considers relevant.

(3) Without limiting the court's power to decline to hear an application, the court may decline to hear the application if the court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order.

(4) For the purpose of exercising its functions under this Part, a court may have regard to any information that the court considers relevant about the making or variation of a DVO that is provided by an issuing authority of any other jurisdiction.

(5) A court must refuse to hear an application for variation or revocation made by the respondent during any period in which, under the law of the issuing jurisdiction for the DVO, the respondent is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction.

26 Children's Court may vary or revoke recognised non-local DVO on own motion

The Children's Court may vary or revoke a non‑local DVO that is a recognised DVO on its own motion in the circumstances set out in section 173(2) of the Family Violence Protection Act 2008.

Note

Section 173(2) of the Family Violence Protection Act 2008 allows the Children's Court, when hearing an application for a child protection order, to vary or revoke a non-local DVO that is a recognised DVO if the DVO would be inconsistent with the proposed child protection order.

Part 5—Exchange of information

27 Victorian issuing authorities may obtain DVO information

An issuing authority of Victoria may obtain information about a DVO from an issuing authority of another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its functions under this Act.

28 Victorian law enforcement agencies may obtain DVO information

A local law enforcement agency may obtain information about a DVO from an issuing authority of another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its law enforcement functions.

29 Information to be provided to interstate law enforcement agencies and issuing authorities

(1) An issuing authority of Victoria that makes, varies or revokes a DVO must provide to a court of any other participating jurisdiction any prescribed information about the DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law.

(2) An issuing authority of Victoria that makes, varies or revokes a DVO must provide to an interstate law enforcement agency any prescribed information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.

(3) A local law enforcement agency must provide to an interstate law enforcement agency any prescribed information it holds about a DVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.

Part 6—Miscellaneous

30 Certificate evidence—notification

(1) A certificate in writing purporting to be signed by an authorised officer of another jurisdiction and certifying any of the following matters is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters certified—

(a) that the making of a DVO in that jurisdiction has been properly notified under the law of that jurisdiction;

(b) that a variation to a DVO that was done in that jurisdiction has been properly notified under the law of that jurisdiction.

(2) In any document, the words "authorised officer" after a signature are evidence that the person whose signature it purports to be is in fact an authorised officer.

(3) In this section—

authorised officer of another jurisdiction means a person (whether or not designated as an authorised officer) who is authorised under the law of another jurisdiction to issue a certificate certifying that the making or variation of a DVO has been properly notified under the law of that jurisdiction.

31 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances.

Part 7—Transitional provisions

Division 1—Preliminary

32 Definition

In this Part—

commencement date means the day on which Part 3 of this Act commences.

33 Enforcement of DVOs under other provisions

(1) This Act does not affect the enforceability in Victoria otherwise than under this Act, of any local DVO made before the commencement date, subject to subsection (3).

(2) This Act does not affect the enforceability in Victoria, otherwise than under this Act, of any interstate DVO or foreign order registered in Victoria, before the commencement date, under Part 10 of the Family Violence Protection Act 2008, subject to subsection (3).

(3) However, a DVO made in Victoria before the commencement date can be superseded under section 13, on or after the commencement date, by a recognised DVO that is made later.

Division 2—DVOs to which scheme applies

34 DVOs made in Victoria

Part 3 applies to any local DVO or foreign order—

(a) that was made in Victoria before the commencement date and is in force on or after the commencement date; or

(b) that is made in Victoria on or after the commencement date.

35 DVOs made in other jurisdictions

(1) Part 3 applies to any DVOs made in another participating jurisdiction that are recognised DVOs in that jurisdiction under the corresponding law for that jurisdiction.

(2) To avoid doubt, section 10 extends to the following DVOs—

(a) any interstate DVO that was made in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction;

(b) any foreign order that became a registered foreign order in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction.

(3) Sections 11 and 12 extend to any variation or revocation of a DVO referred to in subsection (2), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO.

(4) However, a non-local DVO, and any variation to a non-local DVO, does not become enforceable against the respondent in Victoria, under this Act, until the commencement date (even if the making of the DVO, or variation, was properly notified before that date).

Division 3—Extension of scheme to older DVOs

36 DVOs declared to be recognised DVOs

(1) Each of the following DVOs is also taken to be a recognised DVO—

(a) any DVO that is declared by a registrar of a court of Victoria to be a recognised DVO in Victoria under Division 4;

(b) any DVO that is declared by a registrar of a court of another participating jurisdiction to be recognised DVO in that jurisdiction under a corresponding law.

(2) A recognised DVO referred to in subsection (1) becomes enforceable against the respondent in Victoria, under this Act, when the declaration is made (despite section 15).

37 DVOs declared to be recognised in other jurisdictions before commencement date

(1) To avoid doubt, section 36 extends to a DVO declared by a registrar of a court of another participating jurisdiction to be a recognised DVO before the commencement date.

(2) Sections 11 and 12 extend to any variation or revocation of a DVO referred to in subsection (1), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO.

(3) However, the DVO, and any variation to the DVO, does not become enforceable against the respondent in Victoria, under this Act, until the commencement date.

Division 4—Power to declare DVO to be recognised

38 Definitions

In this Division—

court means—

(a) the Magistrates' Court; or

(b) the Children's Court;

registrar means—

(a) in relation to the Magistrates' Court, a registrar of that court;

(b) in relation to the Children's Court, a registrar of that court.

39 Power to declare DVO to be recognised

(1) The court constituted by a registrar may declare any DVO made in any jurisdiction to
be a recognised DVO in Victoria.

(2) A declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in Victoria.

(3) The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.

(4) A registrar must make a declaration under this section if—

(a) the DVO is in force in the issuing jurisdiction and is not a recognised DVO in Victoria; and

(b) the application for the declaration is made in accordance with this Division.

(5) However, a registrar cannot declare a general violence order to be a recognised DVO in Victoria.

(6) Notice of a declaration is not to be served on the respondent unless the person who makes the application consents to service.

Note

Under section 9, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.

40 Application for order

(1) An application for a declaration that a DVO is a recognised DVO in Victoria may be made by any person who would be able to make an application for variation of the DVO if the DVO were a recognised DVO.

(2) The application must be made in accordance with the rules made under the Family Violence Protection Act 2008.

Note

It is only necessary to make an application in one participating jurisdiction. Under section 36, once a declaration is made in any participating jurisdiction the DVO will be treated as a recognised DVO in all participating jurisdictions.

Pts 8–10 (Headings and ss 41–128) repealed by No. 53/2016 s. 128.

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 16 August 2016

Legislative Council: 13 September 2016

The long title for the Bill for this Act was "A Bill for an Act to provide for a national recognition scheme for domestic violence orders, to make consequential amendments to the Family Violence Protection Act 2008 and other Acts and for other purposes."

The National Domestic Violence Order Scheme Act 2016 was assented to on 18 October 2016 and came into operation as follows:

Parts 1 (sections 1–3) and 9 (sections 82–87) on 5 April 2017: Special Gazette (No. 111) 4 April 2017 page 1; Parts 2–8 (sections 4–81) and 10 (sections 88–128) on 25 November 2017: Special Gazette (No. 388) 15 November 2017 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the National Domestic Violence Order Scheme Act 2016 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	S. 128 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Note:	S. 128 repealed Pts 8–10 (ss 41–128) on 25.11.18
Current State:	This information relates only to the provision/s amending the National Domestic Violence Order Scheme Act 2016

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	S. 64 on 29.3.18: Special Gazette (No. 136) 27.3.18 p. 2
Current State:	This information relates only to the provision/s amending the National Domestic Violence Order Scheme Act 2016

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	S. 96 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1
Current State:	This information relates only to the provision/s amending the National Domestic Violence Order Scheme Act 2016

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

1 National Domestic Violence Order Scheme Act 2016

Version No. 004

National Domestic Violence Order Scheme Act 2016

No. 53 of 2016

Version incorporating amendments as at
31 July 2019

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Object of Act 1

Part 2—Interpretation 2

4 Definitions 2

5 Local DVO 5

6 Interstate DVO 5

7 Registered foreign order 5

8 Domestic violence concerns—SA and WA orders 5

9 Special provisions for foreign orders 6

Part 3—National recognition of DVOs 8

Division 1—General principles 8

10 Recognition of DVOs 8

11 Variations to DVO 8

12 Revocation of recognised DVO 9

13 Recognised DVO prevails over earlier comparable DVOs 10

14 Making of new orders 11

Division 2—Enforcement of recognised DVOs 11

15 Recognised DVOs and variations are enforceable against respondent 11

16 Properly notified—meaning 12

17 Contravention of enforceable recognised DVO 13

Division 3—Enforcement of non-local DVOs 14

18 Non-local DVO to be treated as local DVO 14

19 Recognition of disqualification to hold firearms licence 14

20 Recognition of disqualification to hold weapons licence 15

21 Orders for costs 17

Part 4—Variation and revocation of recognised non-local DVOs 18

22 Definition 18

23 Power of court to vary or revoke recognised non‑local DVOs 18

24 Application for variation or revocation of recognised non-local DVO 19

25 Decision about hearing of application 19

26 Children's Court may vary or revoke recognised non-local DVO on own motion 21

Part 5—Exchange of information 22

27 Victorian issuing authorities may obtain DVO information 22

28 Victorian law enforcement agencies may obtain DVO information 22

29 Information to be provided to interstate law enforcement agencies and issuing authorities 22

Part 6—Miscellaneous 24

Definitions and device types

DVO is a term of art: it includes local DVOs (family violence intervention orders and family violence safety notices), interstate DVOs (prescribed orders from other jurisdictions that substantially correspond to local DVOs), and foreign orders (New Zealand DVOs and, when registered, treated as registered foreign orders) (s 4; ss 5-7). Registered foreign orders have special treatment (s 7 and s 9).
A "recognised DVO" is the core unit: once a DVO is a recognised DVO in Victoria it is subject to the Act’s enforcement, variation and information‑sharing provisions (ss 10-12).

Recognition and enforceability

A DVO becomes a recognised DVO in Victoria when it is made in its issuing jurisdiction, subject to registration rules for foreign orders (s 10(2) and note).
Enforceability in Victoria depends on the DVO type and proper notification: local DVOs are enforceable when the respondent is properly notified under Victorian law; interstate DVOs are enforceable when the respondent is properly notified under the law of their issuing jurisdiction; foreign orders that are registered foreign orders are enforceable from the time they become recognised (s 15). The Act gives a statutory meaning to "properly notified" in s 16 with different processes for family violence safety notices and family violence intervention orders.

Substantive parity with local orders

Once recognised and enforceable, non‑local DVOs have the “same effect” in Victoria as local DVOs (s 18(1)), and prohibitions, restrictions or conditions have the same meaning as in the issuing jurisdiction, though they may be enforced in Victoria as if they were conditions of a local DVO (s 18(2)). Section 17 allows enforcement of non‑local DVOs as if the respondent had been properly notified here.

Variation and revocation

Victorian courts (Magistrates' Court or Children’s Court) have power to vary or revoke non‑local recognised DVOs as if local DVOs, subject to restrictions where the issuing jurisdiction would not permit variation (s 23). A court may decline to hear an application on specified factors (s 25), and the Children’s Court has an express power to vary or revoke on its own motion in child protection contexts (s 26).

Priority and supersession

A recognised DVO that is enforceable against a respondent supersedes any earlier comparable DVOs (s 13). Comparable means same respondent and protection of one or more of the same protected persons (s 13(8)). Police‑made DVOs do not supersede comparable court DVOs (s 13(7)).

Consequences for licences and approvals

A recognised non‑local DVO that disqualifies a person from holding non‑local firearms or weapons licences also disqualifies the person from holding a corresponding local licence; the Chief Commissioner has mandatory cancellation or refusal duties (ss 19-20). Final orders are treated separately in notes cross‑referencing the Firearms Act 1996 and Control of Weapons Act 1990.

Information exchange and evidence

Issuing authorities and law enforcement may obtain DVO information from other jurisdictions and must provide prescribed information on request to interstate courts and law enforcement (ss 27-29). Certificates from authorised officers of other jurisdictions certifying that a DVO or variation was properly notified are admissible and, absent contrary evidence, are proof of those matters (s 30).

Transitional and extension mechanisms

The Act contains transitional provisions governing DVOs made before commencement and provides a registrar declaration power to extend recognition to DVOs made in any jurisdiction (s 39), including non‑participating jurisdictions, subject to exclusions (a registrar cannot declare a general violence order to be a recognised DVO , s 39(5)). Division 3 (ss 36-37) allows older declarations to operate as recognised DVOs.

Regulatory and procedural instruments

The Governor in Council may make regulations for matters required or permitted to be prescribed by the Act (s 31). Applications for declarations must follow rules under the Family Violence Protection Act 2008 (s 40(2)).

Primary parties affected

Protected persons: individuals for whose protection a DVO is made. Their protection can continue in Victoria under a recognised non‑local DVO (s 10(1) and s 13(5)-(6) regarding limits where protected persons differ).
Respondents: persons against whom a DVO is made. They become subject to enforcement in Victoria when the DVO is enforceable here (s 15). Enforcement triggers collateral legal consequences , for example, disqualification from holding local firearms or weapons licences under ss 19-20.

Courts and registrars

Victorian issuing authorities (Magistrates' Court, Children’s Court, and courts or persons with power under local law) make decisions about local DVOs, variations and revocations, and must provide prescribed information to interstate courts and agencies on request (ss 27, 29). Registrars have express powers to declare non‑recognised DVOs to be recognised in Victoria (s 39) and a mandatory duty to do so where criteria are met (s 39(4)), subject to the exception for general violence orders (s 39(5)). Courts decide applications to vary/revoke non‑local DVOs, and may decline to hear them on enumerated grounds (s 25).

Law enforcement and administrative officials

Victoria Police (local law enforcement agency) may obtain DVO information from interstate issuing authorities (s 28) and must provide prescribed information to interstate agencies on request (s 29(3)). The Chief Commissioner of Police has mandatory administrative duties to cancel, refuse or revoke local firearms/weapons licences or approvals when a recognised DVO disqualifies a person (ss 19(2)-(3), 20(2)-(3)). Authorised officers of other jurisdictions provide certificates admissible under s 30.

Interstate and New Zealand authorities

Issuing authorities and law enforcement agencies in other jurisdictions are affected because Victorian courts and agencies may request and receive information about DVOs (ss 27-29), and because Victorian courts can, in specific circumstances, vary or revoke non‑local recognised DVOs (s 23(3) , a variation under this Part is not limited in its operation to Victoria).

Applicants and legal representatives

Individuals who would be entitled to apply to vary or revoke a local DVO in Victoria may apply to vary or revoke a recognised non‑local DVO (s 24(1)). Applicants must follow the procedural requirements that would apply if the DVO were local (s 24(2)(b)), and applications are controlled by s 25 factors and by a court’s discretion to decline to hear the matter.

Who pays and administrative burden

The Act narrows monetary enforcement: non‑local DVOs that require payment of money cannot be enforced in Victoria (s 21(1)). Costs incurred by courts and law enforcement to exchange information, verify notification, manage registrars’ declaration applications and process licence cancellations are borne by the state agencies responsible for those functions. Parties to proceedings bear litigation costs for proceedings in Victoria; Victoria does not gain power to award costs for proceedings done elsewhere (s 21(2)), although it may award costs for Victorian proceedings about variation or revocation (s 21(3)).

Entities not protected by recognition

The Act excludes certain instruments from being declared recognised DVOs by registrars: a registrar cannot declare a general violence order to be a recognised DVO in Victoria (s 39(5)). Registered foreign orders are not treated as local DVOs for the purposes of definitions in ss 5-6 (see ss 5(2) and 6(2) which state a registered foreign order is not a local or interstate DVO).

Duties imposed on courts, registrars and issuing authorities

Registration and recognition duties: registrars must declare a DVO to be a recognised DVO if the DVO is in force in the issuing jurisdiction and an application is made in accordance with Division 4 (s 39(4)); however registrars may not declare general violence orders (s 39(5)). Courts and issuing authorities must provide prescribed information about DVOs to interstate courts and law enforcement on reasonable request (s 29(1)-(2)). Victorian issuing authorities and law enforcement may themselves obtain DVO information from other jurisdictions for use in exercising functions under this Act (ss 27-28).

Obligations for proper notification and proof

Courts and issuing authorities must ensure proper notification requirements are satisfied as defined in s 16 for a DVO to be enforceable in Victoria. Certificate evidence from an authorised officer of another jurisdiction that certifies proper notification or variation is admissible and, absent contrary evidence, is proof of the matters certified (s 30(1)).

Police duties regarding licences and approvals

When a Chief Commissioner becomes aware a person is disqualified from holding a firearms licence by a recognised non‑local DVO, they must cancel any local firearms licence the person holds (s 19(2)), and must refuse to issue or renew a local firearms licence where the person is disqualified (s 19(3)). Mirrors apply for weapons approvals and exemptions under the Control of Weapons Act: revocation and refusal duties are required where a person is disqualified by a recognised non‑local DVO (s 20(2)-(4)).

Court powers and applicant rights in Victoria

Courts (Magistrates' Court and Children's Court) may vary or revoke recognised non‑local DVOs as if they were local DVOs (s 23(1)), but cannot do so if the issuing jurisdiction would not allow variation or revocation (s 23(2)). Applicants who would have been able to apply for variation/revocation if the DVO were local can make an application to a Victorian court subject to local procedural rules (s 24(1)-(2)). Courts have discretion whether to hear the application and may decline to do so based on enumerated factors including nexus of residence, availability of information, concurrent proceedings and potential effect on children (s 25(2)) and may refuse applications that are effectively appeals where no material change in circumstances is shown (s 25(3)).

Rights afforded to respondents and protected persons

Respondents retain procedural protections under Victoria’s notification rules: a local DVO is enforceable only once the respondent is properly notified under Victorian law (s 15(2) and s 16). For non‑local orders, the respondent’s entitlement to apply for variation or revocation in the issuing jurisdiction may limit their ability to seek variation in Victoria while that entitlement subsists (s 25(5)). The Act preserves the protected person focus , a DVO is not superseded to the extent it relates to persons who are not protected persons under the new DVO (s 13(5)-(6)).

Constraints and limits on enforcement and remedies

Monetary obligations in non‑local DVOs cannot be enforced in Victoria (s 21(1)), and Victorian courts cannot award costs in respect of proceedings that occurred outside Victoria (s 21(2)). The Act also does not displace any Victorian law that requires a geographic nexus for criminal offences (s 17(4)).

Administrative powers and evidence standards

Authorised officers from other jurisdictions can certify matters about notification, and such certificates are admissible and prima facie proof absent contrary evidence (s 30). The Governor in Council may make regulations to prescribe details necessary to give effect to the Act (s 31).

Enforcement mechanisms for contraventions

Once a non‑local DVO is a recognised DVO and is enforceable against a respondent in Victoria, it may be enforced in Victoria as if it were a local DVO (ss 15(1), 17(1)-(3), 18(1)). That means Victorian enforcement pathways that apply to local DVO contraventions (criminal penalties or infringing processes that exist under Victorian law for contravention of family violence intervention orders and safety notices) will apply to recognised non‑local DVOs enforced here, consistent with Victoria’s substantive and procedural law.

Proper notification as enforcement trigger

A core enforcement threshold is proper notification (s 15 and s 16). For local DVOs and safety notices, properly notified is defined in s 16(1)(a)-(b) with reference to the Family Violence Protection Act 2008. For interstate DVOs, proper notification is governed by the law of the issuing jurisdiction and by the corresponding law of that jurisdiction (s 16(2)). Foreign registered orders are enforceable from the time they become recognised (s 15(4) read with s 9(1)(b)).

Limits on the reach of enforcement

Monetary obligations contained in non‑local DVOs are not enforceable in Victoria (s 21(1)), and Victorian courts do not have power to award costs for proceedings that occurred in another jurisdiction as a consequence of recognition (s 21(2)). The Act preserves existing territorial limitations in Victorian law: it does not alter laws that require a geographical nexus between Victoria and the offence for an offence to be committed under Victorian law (s 17(4)). In other words, a contravention that requires a territorial element under Victorian criminal law will still require that nexus.

Administrative enforcement obligations

The Chief Commissioner of Police has mandatory duties in relation to recognised non‑local DVOs that disqualify a person from holding firearms or weapons licences: cancellation of local licences on becoming aware (ss 19(2), 20(2)), and refusal to issue or renew where disqualification exists (ss 19(3), 20(3)); revocation with respect to weapons approvals (s 20(2)). These are administrative enforcement duties rather than judicial penalties, and they operate irrespective of whether the non‑local DVO was made by a court or police in its issuing jurisdiction, subject to certain exclusions (for example, s 19(6) and s 20(6) exclude final orders from ss 19(1) and 20(1) but note final order consequences under other Acts).

Evidentiary facilitation

The Act eases practical enforcement by permitting admissible certificates from authorised officers of other jurisdictions certifying proper notification or variation (s 30(1)). Those certificates are, in the absence of contrary evidence, proof of the matters certified. This limits the need for live testimony or other documentary proof from overseas registrars in routine enforcement or variation matters.

Criminal and civil consequences

The Act itself does not create new criminal offences; it supplies a recognition and enforcement framework so existing criminal contravention provisions for local DVOs can be applied to non‑local recognised DVOs enforced in Victoria (s 15(1), s 17(1)-(3)). Respondents in Victoria who contravene an enforceable recognised DVO may therefore be subject to the same penalties as for contravention of local DVOs, subject to any territorial nexus requirement in Victorian law preserved by s 17(4).

Superiority and revocation interaction

When a later recognised DVO is enforceable against a respondent it supersedes earlier comparable DVOs (s 13), and a local DVO that is superseded is revoked (s 13(4)). Supersession affects which instrument is capable of enforcement and therefore which penalties are applicable.

Family Violence Protection Act 2008 and corresponding laws

The Act is explicitly designed to operate in conjunction with corresponding laws and to make consequential amendments to the Family Violence Protection Act 2008 (see s 1(a) and s 3). It uses the Family Violence Protection Act for key procedural definitions: family violence intervention orders and family violence safety notices are defined by reference to that Act (s 4), and the rules for service and explanation of notices and orders are cross‑referenced in s 16. Applications for declarations follow the rules made under the Family Violence Protection Act (s 40(2)).

Interstate corresponding laws and participating jurisdictions

A central structural feature is the role of "corresponding law" and "participating jurisdiction." An interstate DVO must be made under a law of another jurisdiction that contains provisions that substantially correspond to the Family Violence Protection Act 2008 (s 6(1)(b)). The Act depends on other jurisdictions enacting corresponding legislation; it is designed as part of a national scheme where participating jurisdictions implement similar recognition provisions (s 10(1)(b), s 4 definition of "corresponding law").

New Zealand orders and registration regime

New Zealand DVOs and other foreign orders have special treatment: a "registered foreign order" is a New Zealand DVO registered under Part 10 of the Family Violence Protection Act 2008 or a prescribed order registered under a substantially corresponding regime (s 7). Under s 9, a registered foreign order is taken to be made in the jurisdiction where it is registered and is considered made when it becomes a registered foreign order; registration status and any variation or revocation of registration are the operative events for recognition and for variation/revocation under this Act.

Firearms and weapons legislation

The Act interacts directly with the Firearms Act 1996 and the Control of Weapons Act 1990 via ss 19-20. Recognition of a non‑local DVO that disqualifies a person from holding a non‑local firearms or weapons licence triggers mandatory cancellation, revocation or refusal obligations for the Chief Commissioner of Police under those Acts. The Act does not itself set out the definition of prohibited person but cross‑references the status of respondents to final orders as prohibited persons for the purposes of those Acts (s 19 note; s 20 note).

Evidence and interstate certificates

The certificate evidence provision (s 30) is an evidentiary interface with other jurisdictions, permitting an authorised officer’s certificate from another jurisdiction to be admitted and treated, absent contrary evidence, as proof the making or variation of a DVO has been properly notified under that jurisdiction’s law.

Costs and enforcement limits

The Act modifies enforcement rights in Victoria by excluding enforcement of monetary obligations in non‑local DVOs and by preventing Victoria courts from awarding costs related to proceedings that occurred in other jurisdictions (s 21). This preserves jurisdictional limits over monetary enforcement and costs, preserving the boundary between civil monetary remedies in issuing jurisdictions and recognitional enforcement in Victoria.

Transitional and declaratory interactions

The transitional provisions and registrar declaration power (Part 7, Divs 2-4) are the interface for older orders and orders from non‑participating jurisdictions. A declaration made under s 39 will render the declared DVO a recognised DVO in Victoria (s 36(1)(a)), and once a declaration is made the DVO becomes enforceable in Victoria under the Act (s 36(2)).

Regulations and rulemaking

The Act authorises regulations (s 31) for matters required or permitted to be prescribed; it also requires application forms and procedures comply with rules under the Family Violence Protection Act (s 40(2)), creating an administrative rule interface.

Primary enactment and commencement

The National Domestic Violence Order Scheme Act 2016 received assent on 18 October 2016 and came into operation in stages. Parts 1 (ss 1-3) and 9 (ss 82-87) commenced on 5 April 2017. Parts 2-8 (ss 4-81) and Part 10 (ss 88-128) commenced on 25 November 2017 (Endnotes, "Interpretation of Legislation Act 1984 (ILA)" and "Endnotes" section).

Subsequent amending Acts recorded in the published version

Family Violence Protection Amendment Act 2017 (No. 19/2017): some amendments to this Act are noted in the table of amendments. The Endnotes record that s 64 of that amending Act commenced on 29 March 2018. The Act text shows s 16(1)(b)(i) and s 16(3)(a) were amended by Nos 19/2017 s. 64 (see marginal notes in s 16), indicating amendment to the notification provisions, though the Act text incorporated the updated wording.
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 (No. 33/2018): the Endnotes record s 96 of that Act commenced on 31 July 2019 and that it made further amendments to this Act (the marginal notes in s 16 identify amendments by No. 33/2018 s. 96).

Repeal of Parts

The Endnotes record that Parts 8-10 (Headings and ss 41-128) were repealed by No. 53/2016 s. 128 on 25 November 2018 (Endnotes table). The table in the Endnotes summarises these repeal/commencement matters.

Transitional provisions and delayed operation

Part 7 of the Act contains detailed transitional provisions governing how older DVOs (made before the commencement date) are to be treated once Part 3 of the Act commences; ss 33-40 contain explicit rules for enforcement of pre‑commencement DVOs, extension of recognition to older orders, and the registrar’s declaration power (Part 7, Divs 1-4). The Endnotes spell out commencement timing and note that some elements came into operation on different dates.

Notes on versioning

The version provided is Version No. 004, incorporating amendments as at 31 July 2019, and the Endnotes list the amending Acts included in this compiled version and their commencement dates. The Endnotes also include the legislative history concerning style changes under the Interpretation of Legislation Act 1984.

Practical import for practitioners

The amendment history indicates that the notification rules (s 16) have been adjusted by later legislation, so practitioners should confirm whether any later amending acts after 31 July 2019 further modified notification or procedural provisions, and check the consolidated statute or the Victorian Legislation website for the current text and commencement information before advising clients.

Statute text and endnotes

The Act text and accompanying Endnotes provided contain no case law citations or reported decisions. The Endnotes list ministerial second reading speeches and legislative history (dates of second readings and assent) but do not record any judicial consideration or appellate authority applying or construing the Act.

Implication for practitioners

Because the provided material contains no litigation history, there are no statutoryly supplied judicial interpretations to cite. Practitioners should therefore expect that many operational questions (for example, how Victorian courts exercise discretion under s 25 to decline to hear variation/revocation applications, or how s 17 interacts in practice with territorial nexus rules in Victoria’s criminal law) may be matters of first impression or limited jurisprudence. Advice should be given on the basis of the statutory text and aligned jurisprudence under related Victorian laws (notably the Family Violence Protection Act 2008) until case law develops that interprets the recognition scheme.

Areas likely to generate litigation

Disputes plausibly arising for litigation or appellate review include:
- Whether a particular interstate instrument "substantially corresponds" to a local DVO for the purposes of being an interstate DVO (s 6(1)(a)), a question that can be fact and law intensive.
- Whether proper notification occurred in the issuing jurisdiction (ss 15-16), especially where the issuing jurisdiction has different notice regimes or where the sufficiency of a certificate under s 30 is contested.
- The scope of a non‑local DVO’s prohibitions when enforced in Victoria: interpreting a foreign wording of a prohibition as applied in Victoria under s 18(2).
- The jurisdictional reach of Victorian courts to vary or revoke DVOs made elsewhere under s 23, particularly where the issuing jurisdiction prohibits variation or revocation (s 23(2)), or where the issuing jurisdiction later makes a inconsistent decision.
- Administrative law challenges to police or the Chief Commissioner’s mandatory cancellation/revocation decisions under ss 19-20, including procedural fairness or errors about the underlying status of the non‑local DVO.

No recorded decisions in the source

The Act and Endnotes do not record any reported decisions, appeals or judicial commentary as at the version date. Practitioners should search contemporary case law databases and recent consolidated legislation to identify any judicial interpretation since 31 July 2019.

Recognition is not automatic for all out‑of‑jurisdiction orders

The Act only recognises certain classes of orders automatically: local DVOs, interstate DVOs made in participating jurisdictions, and registered foreign orders (s 10(1)). Orders from non‑participating jurisdictions will not automatically be recognised unless a registrar declares them to be recognised under s 39. Practitioners must not assume automatic cross‑border enforceability for an overseas order without checking participation status and registration.

Proper notification timing and enforceability nuances

The moment a DVO becomes enforceable in Victoria depends on the DVO type and where proper notification occurs (s 15). For interstate DVOs, enforceability is triggered by proper notification under the law of the issuing jurisdiction (s 15(3)) and s 16 allows corresponding law procedures to define "properly notified". However, s 17(1) then allows enforcement in Victoria as if the respondent had been properly notified under Victorian law. This two‑step formulation can create complexity if the issuing jurisdiction’s notice procedures differ materially from Victorian practice , for example, where an issuing jurisdiction allows less formal modes of service. The admissible certificate mechanism in s 30 can ease proof, but it is rebuttable.

Supersession effects and protected person scope

A later recognised DVO that is enforceable against a respondent supersedes earlier comparable DVOs (s 13). That can change which instrument police and courts will enforce. But supersession is limited where protected persons differ , a DVO is not superseded to the extent it relates to a protected person not covered by the new DVO (s 13(5)-(6)). Practitioners should review all existing orders for the same respondent and protected persons before relying on a single instrument.

Registrar declarations and notice to respondents

A registrar must make a declaration under s 39 if the application meets the statutory criteria (s 39(4)), and such a declaration makes the DVO enforceable in Victoria when the declaration is made (s 36(2)). However notice of a declaration is not to be served on the respondent unless the applicant consents to service (s 39(6)). That means a DVO can become enforceable in Victoria without the respondent being given notice of the declaration, potentially creating administrative or fairness concerns to be managed practically.

Limits on monetary enforcement and costs

Non‑local DVOs that require payment of money cannot be enforced in Victoria (s 21(1)). Victorian courts also cannot award costs for proceedings that took place in other jurisdictions as a consequence of recognition (s 21(2)). Practitioners must not expect Victorian enforcement to produce monetary recoveries stemming from non‑local orders, and should advise clients accordingly.

Firearms and weapons licence consequences are administrative and immediate

The Chief Commissioner of Police has mandatory cancellation and refusal duties on becoming aware of disqualification under a recognised DVO (ss 19(2)-(3), 20(2)-(3)). Administrative action may occur based on a certificate or notification from another jurisdiction. A respondent may have criminal or regulatory consequences as a result of administrative cancellation even while an application for variation or revocation is pending. Practitioners should proactively manage licence documentation and consider administrative review avenues where available.

Variation and revocation discretion and limits

Victorian courts may decline to hear an application to vary or revoke a recognised non‑local DVO (s 25), considering residence/employment nexus, information availability, concurrent proceedings, ability to obtain a local DVO, and the impact on children (s 25(2)). The court may also decline where the application is effectively an appeal where no material change has occurred (s 25(3)). An applicant who files in Victoria without preparedness to meet these factors risks summary decline; practitioners should consider filing in the issuing jurisdiction where appropriate.

Interplay with territorial nexus requirements

Section 17(4) preserves Victorian laws that require a geographical nexus for particular offences. Therefore, even where a non‑local order is enforced as if a local DVO, if the contravention offence under Victorian law demands a territorial element, prosecutions may be limited or impossible depending on where the alleged contravention occurred.

Evidentiary limits of certificates

Certificates under s 30 are admissible and prima facie proof, but they are rebuttable. A challenge to the substance of a certificate (for example, by evidence that proper notification did not occur) remains open. Relying solely on a certificate without verifying the underlying jurisdictional process can be risky in contested matters.

Registrar prohibition on general violence orders

A registrar cannot declare a general violence order to be a recognised DVO in Victoria (s 39(5)). Practitioners should check whether a particular instrument falls within "general violence order" as defined in s 4 and the exclusions listed under s 4 (for example, some WA violence restraining orders or police orders are excluded by s 4 definitions).

Administrative and data sharing burdens

The Act requires provision of “prescribed information” about DVOs on reasonable request by interstate courts and law enforcement (s 29). The nature of "prescribed information" will be set out in regulations , until those regulations are reviewed, agencies and practitioners should anticipate requirements for forms, secure data transfer and recordkeeping, with costs and privacy compliance obligations.

For courts and registrars

Ensure procedural compliance with application rules under the Family Violence Protection Act 2008 when making applications for declaration under s 40(2) and when varying/revoking non‑local DVOs under Part 4. Registrars must make declarations when the statutory criteria are satisfied (s 39(4)) and must not declare general violence orders (s 39(5)). Maintain administrative processes to record declarations and to make the declared DVOs available to Victorian law enforcement and issuing authorities.

For Victoria Police and Chief Commissioner

Implement administrative workflows to identify when a person becomes disqualified from holding firearms or weapons licences by a recognised non‑local DVO (s 19(1), s 20(1)), and to effect mandatory cancellation, revocation or refusal as required by ss 19(2)-(3) and 20(2)-(4). Keep records of communications with interstate authorities and of any certificates under s 30. Coordinate with registry staff to obtain prescribed DVO information promptly where required by interstate counterparts (s 29).

For issuing authorities and courts

When making, varying or revoking DVOs in Victoria, be prepared to provide prescribed information to interstate courts and law enforcement on reasonable request (s 29(1)-(2)). Ensure that service and explanation procedures for family violence safety notices and intervention orders comply with the Family Violence Protection Act 2008 and s 16 definitions so that enforceability in Victoria is not delayed.

For applicants and respondents

Applicants: if seeking to have a non‑local DVO declared a recognised DVO under s 39, file the application in accordance with rules under the Family Violence Protection Act (s 40(2)). Note that a declaration will make the order enforceable in Victoria when made (s 36(2)), and that notice to the respondent is not required unless the applicant consents to service of notice of the declaration (s 39(6)).
Respondents: be aware that a non‑local DVO can be enforced in Victoria once enforceable (s 15) and that administrative consequences (licence cancellation/revocation) can follow quickly on a recognised DVO. If a respondent is statutorily disqualified from seeking variation/revocation in the issuing jurisdiction for a set period, Victorian courts must refuse to hear an application during that period (s 25(5)). Seek local legal advice promptly about the timing and jurisdictional strategy for variation/revocation.

For legal practitioners

Check whether the DVO is a local, interstate or registered foreign order (ss 5-7) and ascertain whether the issuing jurisdiction is a participating jurisdiction or whether registrar declaration will be necessary (s 10 and Part 7). Verify proper notification under the issuing jurisdiction and whether a certificate under s 30 is available. When litigating variation or revocation, prepare to address the s 25 discretionary factors and to obtain and tender any prescribed information from issuing authorities or interstate law enforcement (s 29).

For administrative compliance and records

Establish procedures to: retain copies of recognised DVOs and any variations; log the timing and method of notification; store and validate certificates from authorised officers of other jurisdictions; implement secure channels for supplying and receiving prescribed information (s 29); and ensure that decisions to cancel/revoke/deny licences are recorded with the link to the recognised DVO that triggered the administrative action (ss 19-20). Review regulations for prescribed information and forms once made under s 31.

For cross‑jurisdictional coordination

Practitioners and agencies should confirm whether the issuing jurisdiction has a "corresponding law" under the Act (s 4) and whether the order was properly notified per that jurisdiction’s corresponding law (s 16(2)). Where practical, coordinate with issuing jurisdictions to secure certificates under s 30 to streamline enforcement in Victoria.

For institutional risk management

Agencies should budget for the administrative load of information exchange, ensure staff are trained to identify order types (local vs interstate vs registered foreign order), and design safeguards for privacy and data security in compliance with the prescriptions that may be set out in regulations (s 31). Courts should develop internal guidelines for exercising the discretion under s 25 to decline hearings, and for the operational implications where a declaration under s 39 renders an order enforceable in Victoria without service on the respondent.

In all cases

Practitioners and agencies must consult the consolidated, current statute and any regulations that prescribe forms, the content of "prescribed information", or other procedural detail under s 31. Where a matter raises questions about territorial nexus for criminal enforcement, coordinate with prosecuting authorities to confirm whether the facts can sustain a Victoria‑based enforcement action given s 17(4).

National Domestic Violence Order Scheme Act 2016

Plain English Summary

Deep Dive

What it does

Current sections

National Domestic Violence Order Scheme Act 2016

Source text: opening excerpt

1 National Domestic Violence Order Scheme Act 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply