National Domestic Violence Order Scheme Regulations 2017
S.R. No. 113/2017
Version as at
25 November 2017
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
5 Interstate DVO 2
6 Registered foreign order 3
7 Prescribed information about DVOs requested from an issuing authority of Victoria that is a court 4
8 Prescribed information about DVOs requested from an issuing authority of Victoria that is a police officer or from Victoria Police 5
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Endnotes 8
1 General information 8
2 Table of Amendments 10
3 Amendments Not in Operation 11
4 Explanatory details 12
Version No.001
National Domestic Violence Order Scheme Regulations 2017
S.R. No. 113/2017
Version as at
25 November 2017
1 Objective
The objective of these Regulations is to prescribe matters necessary to be prescribed for the purposes of, and to ensure effective implementation of, the National Domestic Violence Order Scheme Act 2016.
2 Authorising provision
These Regulations are made under section 31 of the National Domestic Violence Order Scheme Act 2016.
3 Commencement
These Regulations come into operation on 25 November 2017.
4 Definitions
In these Regulations—
corresponding New Zealand order means a corresponding New Zealand order within the meaning of section 4 of the Family Violence Protection Act 2008;
firearms authority means a firearms authority within the meaning of section 4 of the Family Violence Protection Act 2008;
the Act means the National Domestic Violence Order Scheme Act 2016;
weapons approval means a weapons approval within the meaning of section 4 of the ;
Family Violence Protection Act 2008
weapons exemption means a weapons exemption within the meaning of section 4 of the Family Violence Protection Act 2008.
5 Interstate DVO
For the purpose of section 6(1) of the Act the following orders are prescribed—
(a) a domestic violence order made under the Domestic Violence and Protection Orders Act 2008 of the Australian Capital Territory, as in force immediately before its repeal;
(b) a protection order or an after hours order made under the Family Violence Act 2016 of the Australian Capital Territory;
(c) an apprehended domestic violence order or an interim apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
(d) a court DVO or police DVO, including a DVO as varied, made under the Domestic and Family Violence Act of the Northern Territory;
(e) a domestic violence order, police protection notice or release conditions made under the Domestic and Family Violence Protection Act 2012 of Queensland;
(f) an intervention order made under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia that addresses a domestic violence concern;
(g) a family violence order (FVO), interim FVO or police family violence order (PFVO) made under the Family Violence Act 2004 of Tasmania;
(h) a family violence restraining order or a police order made under the Restraining Orders Act 1997 of Western Australia;
(i) a violence restraining order that addresses a domestic violence concern made under the Restraining Orders Act 1997 of Western Australia, as in force immediately before 1 July 2017.
6 Registered foreign order
For the purpose of section 7(b) of the Act the following orders are prescribed—
(a) a foreign order registered under section 134B of the Family Violence Act 2016 of the Australian Capital Territory;
(b) a registered external protection order under Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales made to prevent a person acting in a manner specified in section 16 of that Act;
(c) a registered external order under the Domestic and Family Violence Act of the Northern Territory;
(d) a registered New Zealand order within the meaning of the Domestic and Family Violence Protection Act 2012 of Queensland;
(e) a foreign intervention order registered under Part 4 of the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia other than an order that is declared by the regulations not to be a foreign intervention order for the purposes of Part 3A of that Act;
(f) an external family violence order registered under section 27 of the Family Violence Act 2004 of Tasmania;
(g) a foreign restraining order registered under Part 7A of the Restraining Orders Act 1997 of Western Australia.
7 Prescribed information about DVOs requested from an issuing authority of Victoria that is a court
For the purposes of section 29(1) and (2) of the Act, in relation to an issuing authority of Victoria that is a court, the following information held by the court is prescribed information about a DVO—
(a) a copy of any of the following—
(i) a local DVO;
(ii) a declaration made under section 39 of the Act;
(iii) an order made under the Family Violence Protection Act 2008 varying, extending or revoking a
DVO;
(iv) an order for substituted service made under the Family Violence Protection Act 2008 relating to a DVO;
(v) a counselling order made under the Family Violence Protection Act 2008;
(vi) an order made under the Vexatious Proceedings Act 2014;
(vii) an order relating to a corresponding New Zealand order made under Part 10 of the Family Violence Protection Act 2008;
(b) a copy of an application for an order or a declaration referred to in paragraph (a);
(c) a certified extract from the court record for a proceeding for a contravention or an alleged contravention of a DVO;
(d) a copy of a certificate of service or inability to serve filed under the Family Violence Protection Act 2008.
8 Prescribed information about DVOs requested from an issuing authority of Victoria that is a police officer or from Victoria Police
(1) For the purposes of section 29(1) and (2) of the Act in relation to an issuing authority of Victoria that is a police officer, the following information held by Victoria Police is prescribed information about a DVO—
(a) a copy of any of the following—
(i) a local DVO;
(ii) a declaration made under section 39 of the Act;
(iii) an order made under the Family Violence Protection Act 2008 varying, extending or revoking a
DVO;
(iv) an order for substituted service made under the Family Violence Protection Act 2008 relating to a DVO;
(b) a copy of an application for an order or a declaration referred to in paragraph (a);
(c) information relating to whether the making of a local DVO, or the variation of a recognised DVO, has been properly notified, including a copy of a certificate of service or inability to serve filed under the Family Violence Protection Act 2008;
(d) information about, or related to, a report, the investigation or the prosecution of a contravention or an alleged contravention of a DVO;
(e) other information about any order, declaration or application referred to in paragraph (a) or (b).
(2) For the purpose of section 29(3) of the Act, the following information that is held by Victoria Police is prescribed information about a DVO—
(a) the information prescribed about a DVO in subregulation (1);
(b) information about a report made to a police officer about a family violence incident including a family violence risk assessment conducted by a police officer;
(c) information about any matters pending before a Victorian court that relate to the respondent;
(d) information about any history of family violence related to the protected person or the respondent including, but not limited to, information relating to the criminal record of the respondent and any firearms authority or weapons approval held by the respondent or weapons exemption that applies to the respondent;
(e) information about, or related to, a report, the investigation or the prosecution of a contravention or an alleged contravention of a DVO;
(f) any other information about the protected person or the respondent.
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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.
The National Domestic Violence Order Scheme Regulations 2017, S.R. No. 113/2017 were made on 15 November 2017 by the Governor in Council under section 31 of the National Domestic Violence Order Scheme Act 2016, No. 53/2016 and came into operation on 25 November 2017: regulation 3.
The National Domestic Violence Order Scheme Regulations 2017 will sunset 10 years after the day of making on 15 November 2027 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the National Domestic Violence Order Scheme Regulations 2017 by statutory rules, subordinate instruments and Acts.
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.
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