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
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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
(c) a foreign order;
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;
(c) any DVO prescribed to be an interim DVO;
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;
(c) extend or reduce the period for which the DVO remains in force.
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;
(c) a foreign order that is a registered foreign order in any 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
(c) may be dealt with (subject to this Part) as if the DVO were a local DVO.
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.
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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.