New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 53

53 Discretion to refuse to issue process in apprehended personal violence order matters

(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.

(4) An authorised officer or a Registrar may refuse to issue process if satisfied that the application--

(a) is frivolous, vexatious, without substance or has no reasonable prospect of success, or

(b) could be dealt with more appropriately by mediation or other alternative dispute resolution.

(5) Unless satisfied that there are compelling reasons for doing so, an authorised officer or a Registrar is not to refuse to issue process if the application discloses allegations of any of the following--

(a) a personal violence offence,

(b) an offence under section 13,

(c) harassment relating to the protected person's race, religion, homosexuality, transgender status, or disability,

(d) harassment relating to the protected person being a person living with HIV/AIDS.

(6) In determining whether or not to issue process, the authorised officer or Registrar must take the following matters into account--

(a) the nature of the allegations,

(b) whether the matter is amenable to mediation or other alternative dispute resolution,

(c) whether the parties have previously attempted to resolve the matter by mediation or other means,

(d) the availability and accessibility of mediation or other alternative dispute resolution services,

(e) the willingness and capacity of each party to resolve the matter otherwise than through an application for an apprehended personal violence order,

(f) the relative bargaining powers of the parties,

(g) whether the application is in the nature of a cross application,

(h) any other matters that the authorised officer or Registrar considers relevant.

(7) If the authorised officer or Registrar refuses to issue process under this section, the authorised officer or Registrar must record the reasons for doing so in writing.

(8) If a Registrar refuses to accept an application notice for filing, the question of whether the application notice is to be accepted for filing is to be determined by a Magistrate on the application of the applicant.