South Australian Current Acts

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INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 - SECT 20

20—Application to Court for intervention order

        (1)         The following persons may make an application to the Court for an intervention order:

            (a)         a police officer;

            (b)         a person against whom it is alleged the defendant may commit an act of abuse or a suitable representative of such a person given permission to apply by the Court;

            (c)         a child who it is alleged may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person;

            (d)         if the defendant or a person proposed to be protected by the order is a child and there is a State child protection order in force in respect of the child—the Minister responsible for the administration of the Children and Young People (Safety) Act 2017 .

        (2)         If the person entitled to apply is a child, the application may be made—

            (a)         by the child with the permission of the Court, if the child has attained the age of 14 years; or

            (b)         on behalf of the child by—

                  (i)         a parent or guardian of the child; or

                  (ii)         a person with whom the child normally or regularly resides; or

                  (iii)         some other suitable representative of the child given permission to apply by the Court.

        (3)         The applicant must inform the Court of any relevant Family Law Act order, State child protection order or agreement or order for the division of property under the Family Law Act 1975 of the Commonwealth, or the Domestic Partners Property Act 1996 or a corresponding law of another jurisdiction, any pending application for such an order, and any other legal proceedings between a person proposed to be protected by the order and the defendant, of which the applicant is aware (but an intervention order is not invalid merely because the applicant fails to so inform the Court).

        (4)         A single application relating to the same defendant may be made by any number of persons.



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