(1) In this Act: applicant officer —see section 25.apprehended domestic violence order means an order under Part 4.apprehended personal violence order means an order under Part 5.apprehended violence order means:
(a) a final apprehended violence order, or (b) an interim apprehended violence order. apprehended violence order proceedings means proceedings under this Act in relation to an apprehended violence order or an application for an apprehended violence order.authorised officer has the same meaning as in theand includes the Registrar of the Children’s Court. Law Enforcement (Powers and Responsibilities) Act 2002 child means a person under the age of 16 years.Children’s Magistrate includes the President of the Children’s Court.court means:
(a) the Local Court, or (b) the Children’s Court, (c) exercising jurisdiction under section 91. defendant means the person against whom an apprehended violence order is made or is sought to be made.domestic relationship —see section 5.domestic violence offence —see section 11.final apprehended violence order means an apprehended domestic violence order or an apprehended personal violence order.interim apprehended domestic violence order means an interim apprehended domestic violence order made by a court or Registrar under Part 6 or an authorised officer or senior police officer under Part 7.interim apprehended personal violence order means an interim apprehended personal violence order made by a court or Registrar under Part 6 or an authorised officer under Part 7.interim apprehended violence order means an interim court order or a provisional order.interim court order means an interim apprehended domestic violence order or an interim apprehended personal violence order made by a court or registrar of a court under Part 6.intimidation —see section 7.issuing officer —see section 25.parent has the same meaning as in the. Children and Young Persons (Care and Protection) Act 1998 personal violence offence —see section 4.property recovery order means a property recovery order made under section 37.protected person means the person for whose protection an apprehended violence order is sought or made.provisional order means an interim apprehended domestic violence order or an interim apprehended personal violence order made under Part 7.Registrar means a Registrar of the Local Court or the Registrar of the Children’s Court.relative —see section 6.senior police officer means a police officer of or above the rank of sergeant.stalking —see section 8.Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(1) The objects of this Act in relation to domestic violence are:
(a) to ensure the safety and protection of all persons, including children, who experience or witness domestic violence, and (b) to reduce and prevent violence by a person against another person where a domestic relationship exists between those persons, and (c) to enact provisions that are consistent with certain principles underlying the Declaration on the Elimination of Violence against Women, and (d) to enact provisions that are consistent with the United Nations Convention on the Rights of the Child.
(1) A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence. Maximum penalty: Imprisonment for 5 years or 50 penalty units, or both.
(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence. Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both. (2) A person is not guilty of an offence against subsection (1) unless:
(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or (b) in any other case, the person was served with a copy of the apprehended violence order. (3) A person is not guilty of an offence against subsection (1) if the contravention of the prohibition or restriction concerned:
(a) was necessary in order to attend mediation under section 21, or (b) was done in compliance with the terms of a property recovery order. (4) Unless the court otherwise orders, a person who is convicted of an offence against subsection (1) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.
(1) A court may, on application, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and in fact fears:
(a) the commission by the other person of a domestic violence offence against the person, or (b) the engagement of the other person in conduct in which the other person:
(i) intimidates the person or a person with whom the person has a domestic relationship, or (ii) stalks the person, being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.
(1) If an application for an apprehended personal violence order is made to a court, the court:
(a) when considering whether to make the order—is to refer the protected person and the defendant for mediation under the unless it is satisfied that there is good reason not to do so, and Community Justice Centres Act 1983 (b) at any other time—may refer the protected person and the defendant for mediation under that Act. (2) Without limiting subsection (1), in determining whether there is good reason not to refer a matter to mediation, the court is to consider whether:
(a) there has been a history of physical violence to the protected person by the defendant, or (b) the protected person has been subjected to conduct by the defendant amounting to a personal violence offence, or (c) the protected person has been subjected to conduct by the defendant amounting to an offence under section 13, or (d) the defendant has engaged in conduct amounting to harassment relating to the protected person’s race, religion, homosexuality, transgender status, HIV/AIDS infection or disability, or (e) there has been a previous attempt at mediation in relation to the same matter and the attempt was not successful. (2A) The existence of any one or more of the factors referred to in subsection (2) does not prevent a court from referring a matter to mediation.
(1) The issuing officer who makes a provisional order is to inform the applicant of the terms of the order and the date and time when the order was made.
(1) A provisional order made by an authorised officer may be varied or revoked by:
(a) the authorised officer who made it or any other authorised officer, or (b) any court dealing with an application for an apprehended violence order against the same defendant. (2) A provisional order may be varied:
(a) by amending or deleting any prohibitions or restrictions specified in the order, or (b) by specifying additional prohibitions or restrictions in the order.
(1) A provisional order made by a senior police officer may be varied or revoked on the application of the defendant by any court that deals, or is to deal, with an application for an apprehended violence order against that defendant.
(1) When making an apprehended violence order, a court may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court and, in particular, to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence. (2) Without limiting the generality of subsection (1), an apprehended violence order made by a court may impose any or all of the following prohibitions or restrictions:
(a) prohibiting or restricting approaches by the defendant to the protected person, (b) prohibiting or restricting access by the defendant to any or all of the following:
(i) to any premises occupied by the protected person from time to time or to any specified premises occupied by the protected person, (ii) to any place where the protected person works from time to time or to any specified place of work of the protected person, (iii) to any specified premises or place frequented by the protected person, whether or not the defendant has a legal or equitable interest in the premises or place, (c) prohibiting or restricting the defendant from approaching the protected person, or any such premises or place, within 12 hours of consuming intoxicating liquor or illicit drugs, (c1) prohibiting or restricting the defendant from locating or attempting to locate the protected person, (d) prohibiting or restricting the possession of all or any specified firearms or prohibited weapons (within the meaning of the ) by the defendant, Weapons Prohibition Act 1998 (e) prohibiting the defendant from destroying or deliberately damaging or interfering with the protected person’s property, (f) prohibiting or restricting specified behaviour by the defendant that might affect the protected person.
(1) A property recovery order may be made by a court or authorised officer:
(a) when making an apprehended domestic violence order or interim apprehended domestic violence order, or (b) in relation to an interim apprehended domestic violence order that has been made by a senior police officer. (1A) A court or authorised officer may make a property recovery order only if satisfied that:
(a) the protected person has left personal property at premises which the defendant occupies, or (b) the defendant has left personal property at premises which the protected person occupies. (1B) A property recovery order may be made under this section:
(a) on the motion of a court or authorised officer when making an apprehended domestic violence order or interim apprehended domestic violence order, or (b) on the application of a police officer, the protected person or the defendant. (1C) An application for a property recovery order made by a protected person or a defendant must include details of the following:
(a) any relevant order with respect to property made under the of the Commonwealth (a Family Law Act 1975 family law property order ) of which the applicant is aware,(b) any pending application for a family law property order of which the applicant is aware.
(1) The power of a court or an issuing officer under this Act to make an apprehended violence order for the protection of a person extends to authorise the making of such an order for the protection of a person with whom the person for whose protection the order was sought has a domestic relationship.
(1) When a person is charged with an offence that appears to the court to be a serious offence, the court must make an interim court order against the defendant for the protection of the person against whom the offence appears to have been committed whether or not an application for an order has been made. (2) If an interim court order is made by the court, the court is to summon the defendant to appear at a further hearing of the matter on the determination of the charge against the person (instead of as soon as practicable after the order is made, as required by section 22 (5) (a)).
(1) The Children’s Court may, during care proceedings, make an apprehended violence order for the protection of:
(a) the child to whom the care proceedings relate, and (b) any person who is a relative of, or who resides on the same property as, the child, or may vary or revoke any existing order that protects any of those persons. (2) The Children’s Court may make, vary or revoke an order on the application of a party to the care proceedings or on its own motion if the Court considers that the circumstances justify making, varying or revoking the order. (3) The Children’s Court is not to make or vary an order under this section that protects a person if the Court is aware that the defendant is subject to criminal proceedings before another court and those criminal proceedings arose out of some or all of the circumstances that justify the making of the order.
(1) The address at which the protected person resides must not be stated in an application for an apprehended domestic violence order or interim apprehended domestic violence order unless:
(a) where the protected person is of or above the age of 16 years—the protected person consents to the address being included in the application, or (b) where the application is made by a police officer—the police officer is satisfied that the defendant knows the address.
(1) The address at which a protected health care provider resides must not be stated in any application for an apprehended personal violence order or interim apprehended personal violence order unless:
(a) the protected health care provider consents to the address being included in the application, or (b) if the application is made by a police officer—the police officer is satisfied that the defendant knows the address.
(1) An application for an order is to be made in accordance with this Part, despite any provision of any other Act or law (whether or not enacted or made before or after the commencement of this section). (2) An application for an order may be made only by:
(a) a person for whose protection the order would be made, or (a1) the guardian of the person for whose protection the order would be made, in the case of a person in respect of whom a guardianship order within the meaning of the is in force, or Guardianship Act 1987 (b) a police officer. (3) Despite subsection (2), an application for an order may be made only by a police officer if, at the time the application is made, each person for whose protection the order would be made is a child.
(1) Application proceedings are to be commenced in a court by the issuing and filing of an application notice in accordance with this Division.
(1) An authorised officer or a Registrar may, in accordance with this section, refuse to issue process where an application for an apprehended personal violence order is made unless the application was made by a police officer. (2) An authorised officer refuses to issue process by deciding not to issue a warrant referred to in section 88. (3) A Registrar refuses to issue process by deciding not to sign and file an application notice.
(1) The court may, if satisfied that in all the circumstances it is proper to do so, vary or revoke a final apprehended violence order or interim court order. (2) In particular, a final apprehended violence order or interim court order may be varied under this section in any one or more of the following ways:
(a) by extending or reducing the period during which the order is to remain in force, (b) by amending or deleting any prohibitions or restrictions specified in the order, (c) by specifying additional prohibitions or restrictions in the order. (3) The court may decline to hear an application in respect of an order if the court is satisfied that there has been no 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.
(1) A court may make a final apprehended violence order, or an interim court order, without being satisfied as to the matters that are prerequisites to the making of those orders if the protected person and the defendant consent to the making of the order.
(1) An application may be made under Part 2 of the by the defendant for the annulment of an apprehended violence order made by the Local Court or the Children’s Court in the same way as an application may be made under that Part by a defendant for the annulment of a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Crimes (Appeal and Review) Act 2001 . Criminal Procedure Act 1986 (1A) A person who applied to the Local Court or the Children’s Court for an apprehended violence order may apply to the Court for the annulment of the dismissal of the application for the order by the Court, but only if the person was not in attendance before the Court when the application was dismissed. (1B) The Local Court or the Children’s Court may grant an application for an annulment made under subsection (1A) if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so. If such an application is granted, the Court may deal with the application for the apprehended violence order as if the application for the order had not been dismissed. (2) An appeal may be made to the District Court:
(a) by the defendant against the making of an apprehended violence order by the Local Court or the Children’s Court, or (a1) by the applicant for an apprehended violence order (or, if the applicant was a police officer, either the applicant or the person for whose protection the order would have been made) against the dismissal of the application by the Local Court or the Children’s Court, or (b) by the applicant for an order or a defendant against the awarding of costs under section 99 of this Act, or (c) by a party to an apprehended violence order against the variation or revocation of the order by the Local Court or the Children’s Court, or (d) by a party to an apprehended violence order against a refusal by the Local Court or the Children’s Court to vary or revoke the order.
(1) The lodging of a notice of appeal under section 84 does not have the effect of staying the operation of the order concerned. (2) The original court may, on application by the defendant, stay the operation of the order, if satisfied that it is safe to do so, having regard to the need to ensure the safety and protection of the protected person or any other person.
(1) A police officer who is making or is about to make an application for a provisional order that is an interim apprehended domestic violence order may give any of the following directions to the person against whom the order is sought:
(a) that the person remain at the scene where the incident occurred that was the reason for making the application, (b) in a case where the person has left the scene of that incident—that the person remain at another place where the police officer locates the person, (c) that the person go to and remain at another place that has been agreed to by the person, (d) that the person go to and remain at a specified police station, (e) that the person accompany a police officer to a police station and remain at the police station, (f) that the person accompany a police officer to another place that has been agreed to by the person, or to another place (whether or not agreed to by the person) for the purpose of receiving medical attention, and remain at that other place.
(1) A person who is detained under this Part at a police station or other place or in a vehicle may be detained there by any police officer.
(1) Records must be made in accordance with the regulations in relation to the detention of a person under this Part.
(1) The following courts have jurisdiction (in the circumstances specified) to make orders and determine applications under this Act:
(a) the Local Court—except where the defendant is less than 18 years of age at the time the application is made, (b) the Children’s Court—where the defendant is less than 18 years of age at the time the application is made. (c)
(1) This section applies if an agency believes on reasonable grounds that a person (the threatened person ) is subject to a domestic violence threat.
(1) The Minister may, by order, make protocols dealing with any matter relating to the collection, use or disclosure by an agency of personal information or health information about a primary person or an associated respondent, including the following:
(a) procedures for seeking consent from a primary person, (b) procedures for sharing information between agencies and between agencies and non-government support services, (c) complaint handling procedures, (d) compliance audits.
(1) In this section: professional costs means costs relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a court (but not court fees payable to a court).(2) Costs, other than professional costs, are not to be awarded in apprehended violence order proceedings. (3) A court may, subject to section 99A, award professional costs in apprehended violence order proceedings to the applicant for the order or decision concerned or the defendant in accordance with this section. (4) If professional costs are awarded against a person under this section, the costs must be paid by the person to the registrar of the court, for payment to:
(a) the defendant, in the case of costs awarded against an applicant, or (b) the applicant, in the case of costs awarded against a defendant.
(1) A court cannot, in apprehended violence order proceedings, award professional costs against an applicant who is a protected person in respect of the order unless satisfied that the application was frivolous or vexatious.
(Section 102)