New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 76

76 Explanation of final apprehended violence orders, interim court orders and variations

(1) A court that makes a final apprehended violence order or interim court order must explain to the defendant and the protected person (if either of them is present at the time the order is made)--

(a) the effect of the order (including any prohibitions and restrictions imposed by the order), and

(b) the consequences that may follow from a contravention of the order, and

(c) the rights of the defendant and the protected person in relation to the order.

(2) A court that varies a final apprehended violence order or interim court order must explain to the defendant and the protected person (if either of them is present at the time the variation is made)--

(a) the effect of the variation, and

(b) the consequences that may follow from a contravention of the order as varied.

(3) A court that makes a final apprehended violence order or interim court order is also to cause a written explanation of the matters required to be explained under this section to be given to the defendant and protected person.

(4) In so far as it is reasonably practicable to do so, an explanation under this section is to be given in a language that is likely to be readily understood by the person being given the explanation.

(5) A failure to comply with this section in relation to an order does not affect the validity of the order.