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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AMENDMENT (NATIONAL DOMESTIC VIOLENCE ORDERS RECOGNITION) BILL 2016





                                     New South Wales




Crimes (Domestic and Personal Violence)
Amendment (National Domestic Violence
Orders Recognition) Bill 2016

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to give effect to the New South Wales component of a national
recognition scheme for domestic violence orders.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act by proclamation.

Schedule 1             Amendment of Crimes (Domestic and Personal
                       Violence) Act 2007 No 80
Schedule 1 [9] inserts proposed Part 13B into the Crimes (Domestic and Personal Violence) Act
2007 (the principal Act) to give effect to the New South Wales component of a national
recognition scheme for domestic violence orders. The proposed Part incorporates model
provisions that were approved by the Council of Australian Governments on 11 December 2015.
Division 1 of proposed Part 13B deals with preliminary matters and contains proposed
sections 98R-98X.
Proposed section 98R sets out the object of the proposed Part which is to establish, in conjunction
with corresponding laws, a national recognition scheme for domestic violence orders (DVOs).
Proposed section 98S sets out definitions for the purposes of the proposed Part.



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Explanatory note



Proposed sections 98T-98V define local DVO, interstate DVO and registered foreign order. A
local DVO is an apprehended domestic violence order or an interim apprehended domestic
violence order made under the principal Act. An interstate DVO is a domestic violence order (or
an order that addresses a domestic violence concern) made under various pieces of legislation of
other States and Territories. A registered foreign order means a foreign order (which at this stage
only includes New Zealand DVOs) that is registered under Part 13 and was made to prevent a
person acting in a manner specified in section 16 of the principal Act, or that was made under
provisions similar to Part 13 in legislation of other States and Territories.
South Australia and Western Australia do not have a distinct category of domestic violence orders.
Therefore to distinguish domestic violence orders from other orders for the protection of persons
in those States, the definition of interstate DVO (when referring to orders from those States) is
limited to orders that address domestic violence concerns. Proposed section 98W sets out when
an order will be taken to address a domestic violence concern.
Proposed section 98X provides that a registered foreign order is taken to be made in the
jurisdiction in which it is registered and is taken to have been made when it is so registered. If the
registration of the order is varied or revoked, then the order is varied or revoked.
Division 2 of proposed Part 13B deals with the national recognition of DVOs and contains
proposed sections 98Y-98ZK.
Proposed section 98Y sets out that recognised DVO means a local DVO, an interstate DVO made
in a participating jurisdiction (being New South Wales or another jurisdiction that has enacted
provisions that correspond with proposed Part 13B (a corresponding law)) or a foreign order that
is a registered foreign order in any participating jurisdiction. Schedule 1 [7] removes an existing
power for an interstate DVO to be registered in New South Wales as this is now no longer
necessary because of proposed Part 13B.
Proposed sections 98Z and 98ZA set out the circumstances in which a variation to, or revocation
of, a recognised DVO is recognised in New South Wales. In the case of a local DVO, the variation
or revocation is recognised if it is done in accordance with the principal Act or it is done by a court
in a participating jurisdiction under a corresponding law. In the case of an interstate DVO or
foreign order the variation or revocation is recognised if it is done in the issuing jurisdiction under
the law of that jurisdiction or it is done in a participating jurisdiction under a corresponding law.
A variation to a DVO that is recognised in New South Wales is a recognised variation.
Proposed section 98ZB provides that a recognised DVO that is newer than an earlier comparable
recognised DVO supersedes the earlier recognised DVO. A DVO is comparable if it is made
against the same defendant and it is made for the protection of one or more of the same protected
persons.
Proposed section 98ZC provides that proposed Part 13B does not prevent the making of a local
DVO even if a recognised DVO is in force that applies to the same defendant. However, a person
cannot make a provisional order against a defendant under Part 7 of the principal Act if the person
is aware that a recognised DVO is in force against the defendant and that recognised DVO applies
to the same protected person and was made by a court. Schedule 1 [1] and [2] make consequential
amendments.
Proposed section 98ZD provides that both a recognised DVO and a recognised variation to a
recognised DVO, is enforceable in New South Wales. Schedule 1 [8] makes a consequential
amendment.
Proposed section 98ZE sets out the circumstances in which a defendant is taken to be properly
notified about the making of a local DVO or an interstate DVO, or about the variation of a
recognised DVO.
Proposed section 98ZF provides that a non-local DVO (being an interstate DVO or a foreign
DVO) that is a recognised DVO and (under proposed section 98ZD) is enforceable in New South
Wales may be enforced as if it were a local DVO and as if the defendant had been properly notified



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Explanatory note



in New South Wales about the making of the DVO. It also provides for the circumstances in which
a variation may be enforced in New South Wales.
Proposed section 98ZG provides that a recognised DVO that is a non-local DVO has the same
effect in New South Wales as a local DVO.
Proposed section 98ZH provides that any law of New South Wales that limits a person's ability
to hold an authorisation (such as a licence or permit) because the person is subject to a local DVO
extends in the same way to a person who is subject to a recognised non-local DVO.
Proposed sections 98ZI and 98ZJ provide that if a person is disqualified from holding an
authorisation to possess a firearm or a prohibited weapon in another jurisdiction because of a
recognised non-local DVO, the person is also disqualified from holding a licence or permit to
possess the firearm under the Firearms Act 1996 or from holding a permit to possess the weapon
under the Weapons Prohibition Act 1998.
Proposed section 98ZK provides that non-local DVO, to the extent that it requires the payment
of money, cannot be enforced in New South Wales and that the recognition of a DVO in New
South Wales does not permit a New South Wales court to award costs in respect of proceedings
occurring in another jurisdiction.
Division 3 of proposed Part 13B deals with the variation and revocation of recognised non-local
DVOs and contains proposed sections 98ZL-98ZO.
Proposed section 98ZL sets out a definition of court for the purposes of the proposed Division,
which is defined to mean a New South Wales court that can make an apprehended domestic
violence order or an interim apprehended domestic violence order under the principal Act.
Proposed section 98ZM sets out when a court can vary or revoke a recognised non-local DVO.
Proposed section 98ZN sets out the circumstances in which an application can be made to a court
for the variation or revocation of a recognised non-local DVO.
Proposed section 98ZO provides a court with a discretion to hear or decline to hear an application
for the variation or revocation of a recognised non-local DVO. However, a court must refuse to
hear the application if made by the defendant during any period in which the defendant is not
entitled to apply for the variation or revocation of the DVO in the jurisdiction in which the DVO
was issued.
Division 4 of proposed Part 13B deals with the exchange of information and contains proposed
sections 98ZP-98ZS.
Proposed section 98ZP permits a New South Wales issuing authority (being a court or other
person with power to make, vary or revoke a DVO) to obtain and use information from an issuing
authority of another jurisdiction, or from a New South Wales or interstate law enforcement
agency.
Proposed section 98ZQ requires a New South Wales issuing authority that makes, varies or
revokes a DVO to provide, on request, information about the DVO to a court in a participating
jurisdiction for the purposes of a corresponding law or to a New South Wales or interstate law
enforcement agency for the purposes of its law enforcement functions.
Proposed section 98ZR permits a New South Wales law enforcement agency (being the NSW
Police Force) to obtain information about a DVO from an issuing authority (in New South Wales
or another jurisdiction) or interstate law enforcement agency and to use the information for the
purposes of its law enforcement functions.
Proposed section 98ZS requires a New South Wales law enforcement agency to provide, on
request, information about a DVO to an interstate law enforcement agency for the purpose of
exercising its law enforcement functions.
Division 5 of proposed Part 13B deals with miscellaneous matters and contains proposed
section 98ZT.


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Proposed section 98ZT permits certificates to be issued stating that the making of, or variation
to, a DVO has been properly notified in New South Wales or another jurisdiction. The certificate
is admissible in evidence in proceedings.
Division 6 of proposed Part 13B sets out transitional provisions and contains proposed
sections 98ZU-98ZZE.
Proposed section 98ZU inserts a definition of commencement date for the purposes of the
proposed Division. The commencement date is the day on which proposed Part 13B commences.
Proposed section 98ZV provides that proposed Part 13B does not affect the enforceability in New
South Wales of a local DVO made before the commencement date or of any interstate DVO or
foreign order registered under Part 13 of the principal Act in New South Wales before the
commencement date except as otherwise provided under the proposed Part.
Proposed sections 98ZW and 98ZX provide that Division 2 (National recognition of DVOs) of
proposed Part 13B will apply to all local DVOs and foreign orders made in New South Wales on
or after the commencement date and to all DVOs made in other participating jurisdictions that are
recognised DVOs under that jurisdiction's corresponding law.
Proposed section 98ZY provides that recognised DVO includes any DVO that has been declared
by the registrar of a court in New South Wales or in a participating jurisdiction to be a recognised
DVO. Proposed section 98ZZ states that the DVO is still recognised even if the relevant
declaration was made before the commencement date.
Proposed section 98ZZA sets out a definition of registrar for the purposes of proposed
sections 98ZZB-98ZZD, being a registrar of a court in New South Wales that can make local
DVOs.
Proposed section 98ZZB permits a registrar to declare that a DVO made in any jurisdiction is a
recognised DVO in New South Wales.
Proposed section 98ZZC provides that an application for a declaration 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.
Proposed section 98ZZD permits a court (that has the power to make a DVO in New South
Wales) to exercise the functions of a registrar under proposed sections 98ZZB-98ZZD.
Proposed section 98ZZE provides for the principal Act to continue to apply to interstate DVOs
that are currently registered under Part 13 as if proposed Part 13B had not commenced. An
interstate DVO ceases to be registered under that Part (and proposed Part 13B applies to the order)
if the order becomes a recognised DVO in New South Wales.
Schedule 1 [3]-[6] extend protections in Part 9 of the principal Act to proceedings under proposed
Part 13B. Those protections relate to the giving of evidence by children, preventing the disclosure
of the residential address of protected persons and preventing the publication of names. Those
provisions are extended to proceedings for the variation or revocation of a recognised non-local
DVO and proceedings for a declaration that a DVO is a recognised DVO.




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                                                                             First print




                                  New South Wales




Crimes (Domestic and Personal Violence)
Amendment (National Domestic Violence
Orders Recognition) Bill 2016
Contents
                                                                                    Page


                1   Name of Act                                                       2
                2   Commencement                                                      2
Schedule 1          Amendment of Crimes (Domestic and Personal Violence) Act 2007
                    No 80                                                             3




b2015-149.d09
                                   New South Wales




Crimes (Domestic and Personal Violence)
Amendment (National Domestic Violence
Orders Recognition) Bill 2016

No     , 2016


A Bill for
An Act to amend the Crimes (Domestic and Personal Violence) Act 2007 to give effect to the New
South Wales component of a national recognition scheme for domestic violence orders.
Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition)
Bill 2016 [NSW]




The Legislature of New South Wales enacts:                                                          1

  1   Name of Act                                                                                   2

             This Act is the Crimes (Domestic and Personal Violence) Amendment (National            3
             Domestic Violence Orders Recognition) Act 2016.                                        4

  2   Commencement                                                                                  5

             This Act commences on a day or days to be appointed by proclamation.                   6




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Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80



Schedule 1             Amendment of Crimes (Domestic and Personal                                       1
                       Violence) Act 2007 No 80                                                         2

[1]   Section 28 Making of provisional order by authorised officer                                      3

      Insert after section 28 (1):                                                                      4
                   Note. Section 98ZC (2) prevents an authorised officer from making an interim         5
                   apprehended domestic violence order if the officer is aware that a recognised DVO    6
                   made by a court applies to the same defendant and protected person and is            7
                   enforceable against the defendant under Part 13B.                                    8

[2]   Section 28A Making of provisional order by senior police officer                                  9

      Insert after section 28A (1):                                                                    10
                   Note. Section 98ZC (2) prevents a senior police officer from making an interim      11
                   apprehended domestic violence order if the officer is aware that a recognised DVO   12
                   made by a court applies to the same defendant and protected person and is           13
                   enforceable against the defendant under Part 13B.                                   14

[3]   Section 41 Measures to protect children in proceedings                                           15

      Insert after section 41 (1) (d):                                                                 16
                     (e) any part of proceedings under Part 13B for the variation or revocation        17
                           of a recognised non-local DVO or for a declaration that a DVO is a          18
                           recognised DVO in which a child appears as a witness.                       19

[4]   Section 43 Non-inclusion of protected person's residential address in applications               20
      or orders                                                                                        21

      Insert "or an application under Part 13B for the variation or revocation of a recognised         22
      non-local DVO or for a declaration that a DVO is a recognised DVO" before "unless" in            23
      section 43 (1).                                                                                  24

[5]   Section 43 (2)                                                                                   25

      Insert "or in a declaration under Part 13B that a DVO is a recognised DVO" before                26
      "unless".                                                                                        27

[6]   Section 45 Publication of names and identifying information about children and                   28
      other persons involved in proceedings                                                            29

      Omit section 45 (8). Insert instead:                                                             30

             (8)   In this section:                                                                    31
                   apprehended violence order proceedings include proceedings under Part 13B           32
                   for the variation or revocation of a recognised non-local DVO or for a              33
                   declaration that a DVO is a recognised DVO.                                         34
                   court includes a Registrar.                                                         35

[7]   Section 94 Definitions                                                                           36

      Omit the definition of external protection order. Insert instead:                                37
                  external protection order means:                                                     38
                   (a) an order made by a court of New Zealand that has been made to prevent           39
                         a person from acting in a manner specified in section 16, or                  40
                   (b) an order made by a court of another State or Territory or New Zealand           41
                         that has been made to prevent a person from acting in a manner                42
                         specified in section 19, or                                                   43




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Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80



                    (c)    an order made by a court of another State or Territory or New Zealand     1
                           that is of a kind prescribed by the regulations.                          2

[8]   Section 97 Effect of registration of external protection order                                 3

      Insert after section 97 (2):                                                                   4

            (2A)   Subsection (2) does not apply to a variation or revocation of an external         5
                   protection order if the order is a recognised DVO under Part 13B and the          6
                   variation or revocation is recognised in New South Wales under that Part.         7

[9]   Part 13B                                                                                       8

      Insert after Part 13A:                                                                         9


      Part 13B National recognition of domestic violence orders                                     10


      Division 1           Preliminary                                                              11

      98R    Object of Part                                                                         12

                   This Part establishes, in conjunction with the corresponding laws, a national    13
                   recognition scheme for DVOs (or domestic violence orders).                       14

      98S    Definitions                                                                            15

                   In this Part:                                                                    16
                   corresponding law means a law of another jurisdiction that contains              17
                   provisions that substantially correspond with this Part or a law of another      18
                   jurisdiction that is declared by the regulations to be a corresponding law for   19
                   the purposes of this Part.                                                       20
                   defendant means the person against whom a DVO is made.                           21
                   domestic violence concern--see section 98W.                                       22
                   DVO (or domestic violence order) means a local DVO, an interstate DVO or         23
                   a foreign order.                                                                 24
                   final DVO means a DVO that is not an interim DVO.                                25
                   foreign order means a New Zealand DVO.                                           26
                   general violence order means:                                                    27
                    (a) an intervention order under the Intervention Orders (Prevention of          28
                          Abuse) Act 2009 of South Australia, or                                    29
                   (b) a violence restraining order under the Restraining Orders Act 1997 of        30
                          Western Australia, other than:                                            31
                           (i) a violence restraining order made under section 11B of that Act,     32
                                 or                                                                 33
                          (ii) a police order under that Act.                                       34
                   interim DVO means a DVO that is of an interim or provisional nature and, to      35
                   avoid doubt, includes the following:                                             36
                    (a) any DVO made by a police officer,                                           37
                   (b) an emergency order under the Domestic Violence and Protection                38
                          Orders Act 2008 of the Australian Capital Territory,                      39
                    (c) a temporary protection order under the Domestic and Family Violence         40
                          Protection Act 2012 of Queensland,                                        41
                   (d) any DVO declared by the regulations to be an interim DVO.                    42




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                   interstate DVO--see section 98U.                                                   1
                   interstate law enforcement agency means:                                          2
                    (a) the police force of another jurisdiction, or                                 3
                   (b) any other agency of another jurisdiction responsible for the enforcement      4
                          of DVOs in that jurisdiction.                                              5
                   issuing authority means a court or person with power to make, vary or revoke      6
                   a DVO under the law of a participating jurisdiction.                              7
                   issuing jurisdiction for a DVO means the jurisdiction in which the DVO is         8
                   made.                                                                             9
                   jurisdiction means a State or Territory.                                         10
                   local DVO--see section 98T.                                                       11
                   local law enforcement agency means the NSW Police Force.                         12
                   make includes issue.                                                             13
                   New Zealand DVO means an order made under the Domestic Violence Act              14
                   1995 of New Zealand or under an Act repealed by that Act.                        15
                   non-local DVO means an interstate DVO or a foreign order.                        16
                   participating jurisdiction means the following jurisdictions:                    17
                    (a) New South Wales,                                                            18
                   (b) a jurisdiction in which a corresponding law is enacted.                      19
                   properly notified--see section 98ZE.                                              20
                   protected person means a person for whose protection or benefit a DVO is         21
                   made.                                                                            22
                   recognised DVO--see sections 98Y and 98ZY.                                        23
                   recognised variation--see section 98Z.                                            24
                   registered foreign order--see section 98V.                                        25
                   revoke includes cancel.                                                          26
                   vary a DVO includes the following:                                               27
                    (a) amend or modify the DVO,                                                    28
                   (b) add further conditions, prohibitions or restrictions to the DVO or vary      29
                          or delete conditions, prohibitions or restrictions,                       30
                    (c) extend or reduce the period in which the DVO remains in force.              31

     98T     Local DVO                                                                              32

             (1)   A local DVO means an apprehended domestic violence order or an interim           33
                   apprehended domestic violence order made under this Act.                         34

             (2)   A registered foreign order is not a local DVO.                                   35

     98U     Interstate DVO                                                                         36

             (1)   Each of the following orders is an interstate DVO:                               37
                   (a) a domestic violence order under the Domestic Violence and Protection         38
                         Orders Act 2008 of the Australian Capital Territory,                       39
                   (b) a domestic violence order under the Domestic and Family Violence Act         40
                         of the Northern Territory,                                                 41
                   (c) a domestic violence order or police protection notice under the              42
                         Domestic and Family Violence Protection Act 2012 of Queensland,            43




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                    (d)    an intervention order under the Intervention Orders (Prevention of         1
                           Abuse) Act 2009 of South Australia that addresses a domestic violence      2
                           concern,                                                                   3
                    (e)    a family violence order (FVO), interim FVO or police family violence       4
                           order (PFVO) under the Family Violence Act 2004 of Tasmania,               5
                    (f)    a family violence intervention order or a family violence safety notice    6
                           under the Family Violence Protection Act 2008 of Victoria,                 7
                    (g)    the following orders under the Restraining Orders Act 1997 of Western      8
                           Australia:                                                                 9
                            (i) a violence restraining order that addresses a domestic violence      10
                                  concern,                                                           11
                           (ii) any violence restraining order made under section 11B of that        12
                                  Act,                                                               13
                          (iii) a police order,                                                      14
                    (h)    any order, notice or other thing declared by the regulations to be an     15
                           interstate DVO.                                                           16

             (2)   A registered foreign order is not an interstate DVO.                              17

     98V     Registered foreign order                                                                18

                   A registered foreign order means a foreign order that is:                         19
                   (a) a registered external protection order under Part 13 of this Act that has     20
                         been made to prevent a person acting in a manner specified in               21
                         section 16, or                                                              22
                   (b) a registered order under Part 12 of the Domestic Violence and                 23
                         Protection Orders Act 2008 of the Australian Capital Territory, or          24
                   (c) a registered external order under the Domestic and Family Violence Act        25
                         of the Northern Territory, or                                               26
                   (d) a registered interstate order under the Domestic and Family Violence          27
                         Protection Act 2012 of Queensland, or                                       28
                   (e) a foreign intervention order registered under Part 4 of the Intervention      29
                         Orders (Prevention of Abuse) Act 2009 of South Australia, or                30
                   (f) an external family violence order registered under section 27 of the          31
                         Family Violence Act 2004 of Tasmania, or                                    32
                   (g) a corresponding New Zealand order registered under Part 10 of the             33
                         Family Violence Protection Act 2008 of Victoria, or                         34
                   (h) a foreign restraining order registered under Part 7A of the Restraining       35
                         Orders Act 1997 of Western Australia, or                                    36
                    (i) any order declared by the regulations to be a registered foreign order.      37

     98W     Domestic violence concerns--SA and WA orders                                             38

             (1)   An intervention order under the Intervention Orders (Prevention of Abuse) Act     39
                   2009 of South Australia addresses a domestic violence concern if the order is     40
                   made because it is reasonable to suspect that the defendant will, without         41
                   intervention, commit an act of domestic abuse (within the meaning of that         42
                   Act).                                                                             43

             (2)   A violence restraining order under the Restraining Orders Act 1997 of             44
                   Western Australia addresses a domestic violence concern if the order is made      45
                   because the defendant has committed, or because it is feared the defendant will   46




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                   commit, an act of family and domestic violence (within the meaning of                      1
                   section 6 of that Act).                                                                    2

             (3)   A general violence order is taken, for the purpose of this Part, to be an order            3
                   that addresses a domestic violence concern if:                                             4
                    (a) it is declared to be an order that addresses a domestic violence concern              5
                          by the issuing authority that makes the order, or                                   6
                   (b) a registrar of a court of the jurisdiction in which the order was made                 7
                          makes an order declaring the DVO to be a recognised DVO in that                     8
                          jurisdiction.                                                                       9

             (4)   The regulations may prescribe circumstances in which an order made in a                   10
                   participating jurisdiction is taken, for the purpose of this Part, to be an order         11
                   that addresses a domestic violence concern.                                               12

     98X     Special provisions for foreign orders                                                           13

             (1)   For the purpose of this Part, a registered foreign order:                                 14
                   (a) is taken to be made in the jurisdiction in which it is registered as a                15
                         registered foreign order, and                                                       16
                   (b) is taken to be made when it becomes a registered foreign order in that                17
                         jurisdiction.                                                                       18

             (2)   A registered foreign order is varied or revoked, for the purpose of this Part, if         19
                   its registration as a registered foreign order is varied or revoked.                      20

             (3)   A power conferred by this Part to vary or revoke a registered foreign order is            21
                   a power to vary or revoke registration of the order as a registered foreign order.        22

      Division 2          National recognition of DVOs                                                       23

      Subdivision 1          General principles                                                              24

     98Y     Recognition of DVOs                                                                             25

             (1)   Each of the following DVOs is a recognised DVO in New South Wales:                        26
                   (a) a local DVO,                                                                          27
                   (b) an interstate DVO made in a participating jurisdiction,                               28
                   (c) a foreign order that is a registered foreign order in any participating               29
                         jurisdiction.                                                                       30
                   Note. Recognition can also extend to DVOs made in jurisdictions that are not, or are      31
                   not yet, participating jurisdictions. See Division 6.                                     32

             (2)   A DVO becomes a recognised DVO when it is made.                                           33
                   Note. A foreign order is taken to be made when it is registered as a registered foreign   34
                   order.                                                                                    35

             (3)   A DVO is a recognised DVO, subject to this Part, for the period for which it              36
                   remains in force in the jurisdiction in which it is made.                                 37

     98Z     Variations to DVO                                                                               38

             (1)   A variation to a recognised DVO that is done in New South Wales or another                39
                   jurisdiction is a recognised variation in New South Wales in the                          40
                   circumstances provided for by this section.                                               41




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             (2)   A variation to a local DVO is a recognised variation in New South Wales if the                  1
                   variation is done:                                                                              2
                   (a) in New South Wales by a court or any other person authorised to do so                       3
                          under this Act, or                                                                       4
                   (b) in another participating jurisdiction by a court under a corresponding                      5
                          law.                                                                                     6

             (3)   A variation to an interstate DVO or foreign order is a recognised variation in                  7
                   New South Wales if the variation is done:                                                       8
                   (a) in the issuing jurisdiction by a court or any other person authorised to                    9
                         do so under the law of the issuing jurisdiction, or                                      10
                   (b) in any participating jurisdiction by a court under this Part or a                          11
                         corresponding law.                                                                       12
                   Note. The issuing jurisdiction for a foreign order is the jurisdiction in which the order is   13
                   registered.                                                                                    14

             (4)   A variation is recognised from the time that it is made.                                       15

    98ZA     Revocation of recognised DVO                                                                         16

             (1)   A DVO ceases to be a recognised DVO if the DVO is revoked in New South                         17
                   Wales or another jurisdiction and that revocation is recognised in New South                   18
                   Wales.                                                                                         19

             (2)   A revocation of a local DVO is recognised in New South Wales if the                            20
                   revocation is done:                                                                            21
                    (a) in New South Wales by a court or any other person authorised to do so                     22
                         under this Act, or                                                                       23
                   (b) in another participating jurisdiction by a court under a corresponding                     24
                         law.                                                                                     25

             (3)   A revocation of an interstate DVO or foreign order is recognised in New South                  26
                   Wales if the revocation is done:                                                               27
                   (a) in the issuing jurisdiction by a court or any other person authorised to                   28
                         do so under the law of the issuing jurisdiction, or                                      29
                   (b) in any participating jurisdiction by a court under this Part or a                          30
                         corresponding law.                                                                       31

             (4)   The DVO ceases to be a recognised DVO from the time it is revoked.                             32

    98ZB     Recognised DVO prevails over earlier comparable DVOs                                                 33

             (1)   A recognised DVO that is enforceable against a defendant in New South                          34
                   Wales (a new DVO) supersedes:                                                                  35
                   (a) any comparable recognised DVO made earlier than the new DVO, and                           36
                   (b) any comparable local DVO made earlier than the new DVO (whether or                         37
                        not the local DVO is a recognised DVO).                                                   38

             (2)   The earlier comparable DVO is superseded from the time the recognised DVO                      39
                   becomes enforceable against the defendant.                                                     40

             (3)   A recognised DVO that is superseded ceases to be a recognised DVO.                             41

             (4)   A local DVO that is superseded is revoked.                                                     42

             (5)   A DVO is not superseded to the extent that it relates to a protected person who                43
                   is not a protected person under the new DVO.                                                   44




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             (6)   Accordingly, a DVO continues to be a recognised DVO, and to have effect, to           1
                   the extent that it relates to a person who is not a protected person under the new    2
                   DVO.                                                                                  3

             (7)   A DVO made by a police officer does not supersede a comparable DVO made               4
                   by a court (of any jurisdiction).                                                     5

             (8)   A DVO is comparable with another DVO if:                                              6
                   (a) the DVOs are made against the same defendant, and                                 7
                   (b) the DVOs are made for the protection of one or more of the same                   8
                       protected persons.                                                                9

    98ZC     Making of new orders                                                                       10

             (1)   Nothing in this Part prevents a person from applying for, or an issuing              11
                   authority from making, a local DVO even though there is a recognised DVO             12
                   in force that applies to the same defendant.                                         13

             (2)   However, a person is not to make a provisional order under Part 7 if the person      14
                   is aware that there is already a recognised DVO that is enforceable against the      15
                   defendant which:                                                                     16
                    (a) applies to the same defendant and protected person, and                         17
                   (b) was made by a court of any jurisdiction.                                         18

      Subdivision 2          Enforcement of recognised DVOs                                             19

    98ZD     Recognised DVOs and variations are enforceable against defendant                           20

             (1)   A recognised DVO, or a recognised variation to a recognised DVO, is                  21
                   enforceable against the defendant in New South Wales.                                22

             (2)   A recognised DVO that is a local DVO becomes enforceable against the                 23
                   defendant in New South Wales when the defendant is properly notified of the          24
                   making of the DVO under the law of New South Wales.                                  25

             (3)   A recognised DVO that is a non-local DVO (other than a foreign order)                26
                   becomes enforceable against a defendant in New South Wales when the                  27
                   defendant is properly notified of the making of the DVO under the law of the         28
                   jurisdiction in which the DVO was made.                                              29

             (4)   A recognised DVO that is a foreign order becomes enforceable against a               30
                   defendant in New South Wales from the time it becomes a recognised DVO.              31

             (5)   A recognised variation to a recognised DVO becomes enforceable against the           32
                   defendant in New South Wales when the defendant is properly notified of the          33
                   variation under the law of the jurisdiction in which the variation is done.          34

    98ZE     Properly notified--meaning                                                                  35

             (1)   The making of a local DVO is properly notified under the law of New South            36
                   Wales if:                                                                            37
                   (a) the DVO is made by a court and the defendant is present in court when            38
                        the DVO is made, or                                                             39
                   (b) the defendant is served in accordance with this Act with a copy of the           40
                        DVO.                                                                            41

             (2)   The making of an interstate DVO is properly notified under the law of the            42
                   jurisdiction in which it is made in the circumstances provided for by the            43
                   corresponding law of that jurisdiction.                                              44




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             (3)   A variation to a recognised DVO that is done in New South Wales is properly                  1
                   notified under the law of New South Wales if:                                                2
                   (a) the variation is done by a court and the defendant is present in court                   3
                          when the DVO is varied, or                                                            4
                   (b) the defendant is served in accordance with this Act with a copy of the                   5
                          variation.                                                                            6

             (4)   A variation to a recognised DVO that is done in another jurisdiction is                      7
                   properly notified under the law of that jurisdiction in the circumstances                    8
                   provided for by the corresponding law of that jurisdiction.                                  9

    98ZF     Contravention of enforceable recognised DVO                                                       10

             (1)   A non-local DVO that is a recognised DVO and which is enforceable against                   11
                   a defendant in New South Wales may be enforced in New South Wales:                          12
                   (a) as if it were a local DVO, and                                                          13
                   (b) as if the defendant had been properly notified of the making of the DVO                 14
                         under the law of New South Wales.                                                     15

             (2)   A recognised variation to a non-local DVO that is a recognised DVO and                      16
                   which is enforceable in New South Wales may be enforced in New South                        17
                   Wales as if it were a variation to a local DVO.                                             18

             (3)   A recognised variation to a recognised DVO made in another jurisdiction that                19
                   is enforceable against the defendant in New South Wales may be enforced as                  20
                   if the defendant had been properly notified of the variation under the law of               21
                   New South Wales.                                                                            22

             (4)   This section does not affect any law of New South Wales that requires a                     23
                   geographical nexus to exist between New South Wales and an offence for a                    24
                   person to be guilty of an offence under the law of New South Wales.                         25

      Subdivision 3           Enforcement of non-local DVOs                                                    26

    98ZG     Non-local DVO to be treated as local DVO                                                          27

             (1)   A recognised DVO that is a non-local DVO has the same effect in New South                   28
                   Wales as a local DVO.                                                                       29

             (2)   A prohibition, restriction or condition imposed by a non-local DVO has the                  30
                   same meaning as it would have in the jurisdiction in which the DVO was                      31
                   made, but may be enforced in New South Wales as if it were a prohibition or                 32
                   restriction of a local DVO.                                                                 33
                   Note. Section 14 of this Act creates an offence if a person contravenes a prohibition or    34
                   restriction in an apprehended violence order. This means that a condition of a non-local    35
                   DVO that is in the nature of a prohibition or restriction can be enforced in New South      36
                   Wales. However, a condition of a non-local DVO that is not in the nature of a prohibition   37
                   or restriction (for example, a condition that requires the defendant to attend an alcohol   38
                   rehabilitation course) cannot be enforced.                                                  39

    98ZH     Licences, permits and other authorisations                                                        40

             (1)   A law of New South Wales (a relevant law) that restricts the grant of an                    41
                   authorisation, or that authorises or requires an authorisation to be suspended              42
                   or revoked, if a person is or has been subject to a local DVO extends to a                  43
                   person who is or has been subject to any non-local DVO that is a recognised                 44
                   DVO (as if the non-local DVO were a local DVO).                                             45




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             (2)   For the purposes of a relevant law:                                                  1
                   (a) a non-local DVO that is a final DVO is to be treated in the same way as          2
                         a local DVO that is a final DVO, and                                           3
                   (b) a non-local DVO that is an interim DVO is to be treated in the same way          4
                         as a local DVO that is an interim DVO.                                         5

             (3)   In this section:                                                                     6
                   authorisation includes a licence or permit.                                          7
                   grant includes issue.                                                                8

     98ZI    Recognition of disqualification to hold firearms licence                                   9

             (1)   If a non-local DVO that is a recognised DVO disqualifies a person from              10
                   holding a non-local firearms licence, or type of non-local firearms licence, the    11
                   person is also disqualified from holding a local firearms licence or local          12
                   firearms licence of the same type (as the case requires).                           13

             (2)   The Commissioner of Police must revoke any local firearms licence held by a         14
                   person, or refuse to issue a local firearms licence to a person, if the person is   15
                   so disqualified from holding the firearms licence by a recognised DVO.              16

             (3)   A recognised DVO disqualifies a person from holding a non-local firearms            17
                   licence or type of non-local firearms licence if the DVO expressly:                 18
                    (a) disqualifies the person from holding a non-local firearms licence or type      19
                         of non-local firearms licence, or                                             20
                   (b) revokes or requires the person to surrender a non-local firearms licence        21
                         or type of non-local firearms licence held by the person.                     22

             (4)   In this section:                                                                    23
                   local firearms licence means a licence, permit or other authorisation under the     24
                   Firearms Act 1996.                                                                  25
                   non-local firearms licence means a licence, permit or other authorisation to        26
                   possess a firearm (within the meaning of the Firearms Act 1996) issued under        27
                   the law of another jurisdiction or country.                                         28

    98ZJ     Recognition of disqualification to hold weapons permit                                    29

             (1)   If a non-local DVO that is a recognised DVO disqualifies a person from              30
                   holding a non-local weapons permit or type of non-local weapons permit, the         31
                   person is also disqualified from holding a local weapons permit or local            32
                   weapons permit of the same type (as the case requires).                             33

             (2)   The Commissioner of Police must revoke any local weapons permit held by a           34
                   person, or refuse to issue a local weapons permit to a person, if the person is     35
                   so disqualified from holding the weapons permit by a recognised DVO.                36

             (3)   A recognised DVO disqualifies a person from holding a non-local weapons             37
                   permit or type of non-local weapons permit if the DVO expressly:                    38
                   (a) disqualifies the person from holding a non-local weapons permit or type         39
                         of non-local weapons permit, or                                               40
                   (b) revokes or requires the person to surrender a non-local weapons permit          41
                         or type of non-local weapons permit held by the person.                       42

             (4)   In this section:                                                                    43
                   local weapons permit means a permit under the Weapons Prohibition                   44
                   Act 1998.                                                                           45




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                   non-local weapons permit means a licence, permit or other authorisation to                 1
                   possess a prohibited weapon (within the meaning of the Weapons Prohibition                 2
                   Act 1998) issued under the law of another jurisdiction or country.                         3

    98ZK     Orders for costs                                                                                 4

             (1)   A non-local DVO, to the extent that it requires the payment of money, cannot               5
                   be enforced in New South Wales.                                                            6

             (2)   The recognition of a DVO made in another jurisdiction does not confer power                7
                   on a court or tribunal of New South Wales to award costs in respect of any                 8
                   proceedings relating to the DVO that occurred in another jurisdiction.                     9

             (3)   This section does not prevent a court or tribunal awarding costs in respect of            10
                   any proceedings in New South Wales relating to the variation or revocation of             11
                   a recognised DVO.                                                                         12

      Division 3          Variation and revocation of recognised non-local DVOs                              13

    98ZL     Definition                                                                                      14

                   In this Division:                                                                         15
                   court means a court of New South Wales that has power to make local DVOs.                 16

   98ZM      Power of court to vary or revoke recognised non-local DVOs                                      17

             (1)   A court may vary or revoke a recognised DVO that is a non-local DVO in                    18
                   accordance with this Division as if the DVO were a local DVO.                             19

             (2)   A court cannot vary or revoke a non-local DVO if it is a kind of DVO that                 20
                   cannot be varied or revoked by a court in the jurisdiction in which the DVO               21
                   was made.                                                                                 22

             (3)   A variation to or revocation of a recognised DVO that is done under this                  23
                   Division is not limited in its operation to New South Wales.                              24

             (4)   This Division does not apply to the variation or revocation of a foreign order            25
                   that is registered as a registered foreign order in New South Wales.                      26
                   Note. Locally registered foreign orders (which in Part 13 are referred to as registered   27
                   external protection orders) can be varied or revoked under section 98.                    28

             (5)   To avoid doubt, if a court varies a recognised DVO that was made in another               29
                   jurisdiction, the other jurisdiction continues to be treated, for the purpose of          30
                   this Part, as the jurisdiction in which the DVO was made.                                 31

    98ZN     Application for variation or revocation of recognised non-local DVO                             32

             (1)   An application for the variation or revocation of a recognised DVO that is a              33
                   non-local DVO may be made to a court as if it were an application for variation           34
                   or revocation of a local DVO by any person who would be able to make the                  35
                   application if the DVO were a local DVO.                                                  36

             (2)   An application:                                                                           37
                   (a) is to be made to a court that would have power to hear the application if             38
                        the DVO were a local DVO, and                                                        39
                   (b) is to be made in accordance with any requirements that would apply if                 40
                        the DVO were a local DVO, and                                                        41
                   (c) may be dealt with (subject to this Division) as if the DVO were a local               42
                        DVO.                                                                                 43




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    98ZO     Decision about hearing of application                                                              1
             (1)    A court that deals with an application for variation or revocation of a non-local           2
                    DVO may decide to hear the application or decline to hear the application.                  3

             (2)    In making that decision, the court may consider the following matters (to the               4
                    extent relevant):                                                                           5
                     (a) the jurisdiction in which the defendant and the protected person or                    6
                           persons under the DVO generally reside or are employed,                              7
                    (b) any difficulty the respondent to the proceedings may have in attending                  8
                           the proceedings,                                                                     9
                     (c) whether there is sufficient information available to the court in relation            10
                           to the DVO and the basis on which it was made,                                      11
                    (d) whether any proceedings are being taken in respect of an alleged                       12
                           contravention of the DVO and the jurisdiction in which those                        13
                           proceedings are being taken,                                                        14
                     (e) the practicality of the applicant (if not the defendant under the DVO)                15
                           applying for and obtaining a local DVO against the defendant with                   16
                           similar prohibitions or restrictions,                                               17
                     (f) the impact of the application on children who are protected persons                   18
                           under the DVO,                                                                      19
                    (g) any other matters the court considers relevant.                                        20

             (3)    Without limiting the court's power to decline to hear an application, the court            21
                    may decline to hear the application if the court is satisfied that there has been          22
                    no material change in the circumstances on which the making of the order was               23
                    based and that the application is in the nature of an appeal against the order.            24

             (4)    For the purpose of exercising its functions under this Division, a court may               25
                    have regard to any information that the court considers relevant about the                 26
                    making or variation of a DVO that is provided by an issuing authority of any               27
                    other jurisdiction.                                                                        28
                    Note. Division 4 enables the court to obtain information about DVOs from other             29
                    jurisdictions.                                                                             30

             (5)    A court must refuse to hear an application for variation or revocation made by             31
                    the defendant during any period in which, under the law of the issuing                     32
                    jurisdiction for the DVO, the defendant is not entitled to apply for the variation         33
                    or revocation of the DVO in the issuing jurisdiction.                                      34

             (6)    In this section, the respondent to an application for variation or revocation of           35
                    a DVO means:                                                                               36
                     (a) in the case of an application made by the defendant under the recognised              37
                           DVO, the protected person or persons under the recognised DVO, and                  38
                    (b) in any other case, the defendant under the recognised DVO.                             39

      Division 4           Exchange of information                                                             40
      Note. Section 25 of the Privacy and Personal Information Protection Act 1998 provides that a public      41
      sector agency is not required to comply with a number of information protection principles (including    42
      those that restrict the use and disclosure of personal information) where non-compliance is permitted    43
      under an Act. The exchange of information in accordance with this Division is therefore not limited by   44
      those information protection principles.                                                                 45

    98ZP     Issuing authorities may obtain DVO information                                                    46

                    An issuing authority of New South Wales may obtain information about a                     47
                    DVO from an issuing authority of another jurisdiction, or from a local or                  48



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                   interstate law enforcement agency, and use that information for the purpose of         1
                   exercising its functions under this Part.                                              2

    98ZQ     Issuing authorities must provide DVO information                                             3

             (1)   An issuing authority of New South Wales that makes, varies or revokes a DVO            4
                   must provide to a court of any other participating jurisdiction any information        5
                   about the DVO that the court reasonably requests for the purpose of exercising         6
                   its functions under a corresponding law.                                               7

             (2)   An issuing authority of New South Wales that makes, varies or revokes a DVO            8
                   must provide to a local or interstate law enforcement agency any information           9
                   about the DVO that the law enforcement agency reasonably requests for the             10
                   purpose of exercising its law enforcement functions.                                  11

    98ZR     Law enforcement agencies may obtain DVO information                                         12

                   A local law enforcement agency may obtain information about a DVO from                13
                   an issuing authority of New South Wales or another jurisdiction, or from an           14
                   interstate law enforcement agency, and use that information for the purpose of        15
                   exercising its law enforcement functions.                                             16

    98ZS     Information to be provided to law enforcement agencies                                      17

                   A local law enforcement agency must provide to an interstate law enforcement          18
                   agency any information it holds about a DVO that the interstate law                   19
                   enforcement agency reasonably requests for the purpose of exercising its law          20
                   enforcement functions.                                                                21

      Division 5          Miscellaneous                                                                  22

    98ZT     Certificate evidence--notification                                                           23

             (1)   An authorised officer of New South Wales may issue a certificate in writing           24
                   certifying any of the following matters:                                              25
                   (a) that the making of a local DVO has been properly notified under the law           26
                          of New South Wales,                                                            27
                   (b) that a variation to a DVO that was done in New South Wales has been               28
                          properly notified under the law of New South Wales.                            29

             (2)   The certificate is admissible in evidence in any proceedings and is evidence of       30
                   the matters certified.                                                                31

             (3)   A certificate in writing purporting to be signed by an authorised officer of          32
                   another jurisdiction and certifying any of the following matters is admissible        33
                   in evidence in any proceedings and is evidence of the matters certified:              34
                    (a) that the making of a DVO in that jurisdiction has been properly notified         35
                          under the law of that jurisdiction,                                            36
                   (b) that a variation to a DVO that was done in that jurisdiction has been             37
                          properly notified under the law of that jurisdiction.                          38

             (4)   In any document, the words "authorised officer" after a signature are evidence        39
                   that the person whose signature it purports to be is in fact an authorised officer.   40

             (5)   In this section:                                                                      41
                   authorised officer of another jurisdiction means a person (whether or not             42
                   designated as an authorised officer) who is authorised under the law of another       43
                   jurisdiction to issue a certificate certifying that the making or variation of a      44
                   DVO has been properly notified under the law of that jurisdiction.                    45



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                   authorised officer of New South Wales means:                                                1
                   (a) a registrar of a court of New South Wales, or                                           2
                   (b) a police officer in the NSW Police Force of or above the rank of                        3
                        sergeant.                                                                              4
                   Note. The meaning of authorised officer in this section is different from the meaning of    5
                   that term in the rest of this Act or from the meaning that the term has in the Law          6
                   Enforcement (Powers and Responsibilities) Act 2002.                                         7

      Division 6          Provisions consequent on enactment of Crimes                                         8
                          (Domestic and Personal Violence) Amendment                                           9
                          (National Domestic Violence Orders Recognition) Act                                 10
                          2016                                                                                11

      Subdivision 1           Preliminary                                                                     12

    98ZU     Definition                                                                                       13

                   In this Division, the commencement date means the date on which this Part                  14
                   commences.                                                                                 15

    98ZV     Enforcement of DVOs under other provisions                                                       16

             (1)   This Part does not affect the enforceability in New South Wales, otherwise                 17
                   than under this Part, of any local DVO made before the commencement date,                  18
                   subject to subsection (3).                                                                 19

             (2)   This Part does not affect the enforceability in New South Wales, otherwise                 20
                   than under this Part, of any interstate DVO or foreign order registered in New             21
                   South Wales, before the commencement date, under Part 13, subject to                       22
                   subsection (3).                                                                            23

             (3)   However, a DVO made in New South Wales before the commencement date                        24
                   can be superseded under section 98ZB, on or after the commencement date, by                25
                   a recognised DVO that is made later.                                                       26

      Subdivision 2           DVOs to which scheme applies                                                    27

   98ZW      DVOs made in New South Wales                                                                     28

                   Division 2 applies to any local DVO or foreign order that is made in New                   29
                   South Wales on or after the commencement date.                                             30

    98ZX     DVOs made in other jurisdictions                                                                 31

             (1)   Division 2 applies to any DVOs made in another participating jurisdiction that             32
                   are recognised DVOs in that jurisdiction under the corresponding law for that              33
                   jurisdiction.                                                                              34

             (2)   To avoid doubt, section 98Y extends to the following DVOs:                                 35
                   (a) any interstate DVO that was made in another participating jurisdiction                 36
                         before the commencement date that is a recognised DVO in that                        37
                         jurisdiction,                                                                        38
                   (b) any foreign order that became a registered foreign order in another                    39
                         participating jurisdiction before the commencement date that is a                    40
                         recognised DVO in that jurisdiction.                                                 41

             (3)   Sections 98Z and 98ZA extend to any variation or revocation of a DVO                       42
                   referred to in subsection (2), that was done in a participating jurisdiction               43
                   before the commencement date, as if the DVO were a recognised DVO.                         44



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             (4)   However, a non-local DVO, and any variation to a non-local DVO, does not              1
                   become enforceable against the defendant in New South Wales, under this               2
                   Part, until the commencement date (even if the making of the DVO, or                  3
                   variation, was properly notified before that date).                                   4

      Subdivision 3          Extension of scheme to older DVOs                                           5

    98ZY     DVOs declared to be recognised DVOs                                                         6

             (1)   Each of the following DVOs is also taken to be a recognised DVO:                      7
                   (a) any DVO that is declared by a registrar of a court of New South Wales             8
                         to be a recognised DVO in New South Wales under Subdivision 4,                  9
                   (b) any DVO that is declared by a registrar of a court of another                    10
                         participating jurisdiction to be a recognised DVO in that jurisdiction         11
                         under a corresponding law.                                                     12

             (2)   A recognised DVO referred to in subsection (1) becomes enforceable against           13
                   the defendant in New South Wales, under this Part, when the declaration is           14
                   made (despite section 98ZC).                                                         15

    98ZZ     DVOs declared to be recognised in other jurisdictions before commencement                  16
             date                                                                                       17

             (1)   To avoid doubt, section 98ZY extends to a DVO declared by a registrar of a           18
                   court of another participating jurisdiction to be a recognised DVO before the        19
                   commencement date.                                                                   20

             (2)   Sections 98Z and 98ZA extend to any variation or revocation of a DVO                 21
                   referred to in subsection (1), that was done in a participating jurisdiction         22
                   before the commencement date, as if the DVO were a recognised DVO.                   23

             (3)   However, the DVO, and any variation to the DVO, does not become                      24
                   enforceable against the defendant in New South Wales, under this Part, until         25
                   the commencement date.                                                               26

      Subdivision 4          Power to declare DVO to be recognised                                      27

  98ZZA      Definition                                                                                 28

                   In this Subdivision:                                                                 29
                   registrar means a registrar of a court of New South Wales that has power to          30
                   make a local DVO.                                                                    31

  98ZZB      Power to declare DVO to be recognised                                                      32

             (1)   A registrar may, by order, declare any DVO made in any jurisdiction to be a          33
                   recognised DVO in New South Wales.                                                   34

             (2)   A declaration may be made in relation to any DVO made in any jurisdiction            35
                   that is in force in the issuing jurisdiction and is not a recognised DVO in New      36
                   South Wales.                                                                         37

             (3)   The jurisdiction in which the DVO was made does not have to be a                     38
                   participating jurisdiction.                                                          39

             (4)   A registrar must make a declaration under this section if an application for the     40
                   declaration is made in accordance with this Subdivision, unless the registrar        41
                   decides to refuse to make the declaration in the interests of justice.               42

             (5)   Without limiting subsection (4), the registrar may refuse to make the                43
                   declaration if the registrar is not satisfied that the defendant has been properly   44



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                   notified of the making of the DVO under the law of the jurisdiction in which                  1
                   the DVO was made.                                                                             2
                   Note. Under section 98ZY, the DVO becomes enforceable against the defendant when              3
                   the declaration is made. Subsection (7) of this section specifies that notice of the          4
                   declaration is not to be served on the defendant unless the person making the                 5
                   application consents to service.                                                              6

             (6)   However, a registrar cannot declare a general violence order to be a recognised               7
                   DVO in New South Wales.                                                                       8

             (7)   Notice of a declaration is not to be served on the defendant unless the person                9
                   who makes the application consents to service.                                               10
                   Note. Under section 98X, a foreign order is taken to be made in any jurisdiction in          11
                   which it is registered as a registered foreign order. Accordingly, this section extends to   12
                   registered foreign orders.                                                                   13

  98ZZC      Application for order                                                                              14

             (1)   An application for a declaration that a DVO is a recognised DVO in New                       15
                   South Wales may be made by any person who would be able to make an                           16
                   application for variation of the DVO if the DVO were a recognised DVO.                       17

             (2)   The application must:                                                                        18
                   (a) be made in a form approved by the registrar, and                                         19
                   (b) be accompanied by any information or evidence the registrar requires.                    20
                   Note. It is only necessary to make an application in one participating jurisdiction. Under   21
                   section 98ZY, once a declaration is made in any participating jurisdiction the DVO will      22
                   be treated as a recognised DVO in all participating jurisdictions.                           23

  98ZZD      Functions of registrar may be exercised by court                                                   24

                   A court with power to make a local DVO may exercise any of the functions of                  25
                   a registrar of the court under this Subdivision.                                             26

      Subdivision 5           Existing registered external DVOs                                                 27

  98ZZE      Registered interstate DVOs                                                                         28

             (1)   The registration under Part 13 of any order made by a court of another State or              29
                   Territory that was registered under that Part as an external protection order                30
                   before the commencement date is not affected by the commencement of this                     31
                   Part and this Act continues to apply in respect of the order as if this Part had             32
                   not commenced.                                                                               33

             (2)   The order is not a local DVO for the purposes of this Part (despite                          34
                   section 97 (1) (a)).                                                                         35




Page 17
Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition)
Bill 2016 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80



             (3)   The order ceases to be registered under Part 13 if the order becomes a                       1
                   recognised DVO in New South Wales. In that case, this Part applies to the                    2
                   order in the same way as it applies to any other recognised DVO that is a                    3
                   non-local DVO.                                                                               4
                   Note. Under this provision, an interstate order registered under Part 13 before the start    5
                   of the national recognition scheme will continue to be enforceable in New South Wales        6
                   as provided for by that Part. If the interstate order becomes a recognised DVO by            7
                   operation of section 98ZX or by declaration under section 98ZZB, the order ceases to         8
                   be registered under that Part and the order will then be enforceable in New South            9
                   Wales and nationally under the national recognition scheme.                                 10




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