South Australian Current Acts South Australian Current Acts (1) The Court may vary
or revoke an intervention order on application by—
(a) a
police officer; or
(b) a
person protected by the order or a suitable representative of such a person
given permission to apply by the Court; or
(c) if
the defendant or a person protected by the order is a child and there is a
State child protection order (being an order under section 38 of the
Children's Protection Act 1993 or a corresponding order made under
section 53 of the Children and Young People (Safety) Act 2017 ) in force
in respect of the child—the Minister responsible for the administration
of that Act; or
(d) the
defendant.
(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)
any other suitable representative of the child with the
permission of the Court.
(3) An application for
variation or revocation of a final intervention order may only be made by the
defendant after the date fixed by the order.
(4) On an application
for variation or revocation of a final intervention order by the defendant,
the Court may, without receiving submissions or evidence from the
protected person, dismiss the application—
(a) if
satisfied that the application is frivolous or vexatious; or
(b) if
not satisfied that there has been a substantial change in the relevant
circumstances since the order was issued or last varied.
(5) The Court must,
before varying or revoking an intervention order under this section—
(a)
allow the Commissioner of Police, the defendant and each person protected by
the order a reasonable opportunity to be heard on the matter; and
(b) have
regard to the same matters that the Court is required to have regard to in
considering whether or not to make an intervention order and in considering
the terms of an intervention order.
(6) The Court may not
vary a final intervention order by removing the firearms terms unless
satisfied that the defendant has never been guilty of violent or intimidatory
conduct and needs to have a firearm for purposes related to earning a
livelihood.
(7) If an intervention
order is varied, the order in its amended form must be served on the defendant
in accordance with this section and until so served—
(a) the
variation is not binding on the defendant; but
(b) the
order as in force prior to the variation continues to be binding on the
defendant.
(7a) For the purposes
of subsection (7), an order in its amended form is served on the
defendant if—
(a) the
order is served on the defendant personally; or
(b) the
order is served on the defendant in some other manner authorised by the Court;
or
(c) the
defendant is present in the Court when the order is made.
(8) If an
intervention order is revoked, the Principal Registrar must serve written
notice of the revocation on the defendant personally or by post at the address
for service provided by the defendant under this Act or in some other manner
authorised by the Court.
(9) If an
intervention order is varied or revoked, the Principal Registrar must—
(a) give
a copy of the order as varied by the Court, or notice of revocation of the
order, to—
(i)
each person protected by the order; and
(ii)
if the applicant is not a police officer or a person
protected by the order—the applicant; and
(b)
either—
(i)
notify the Commissioner of Police in writing of the
prescribed details of the order as varied by the Court, or that the order has
been revoked; or
(ii)
give a copy of the order as varied by the Court, or
notice of revocation of the order, to the Commissioner of Police.
(10) The
Principal Registrar must notify the relevant public sector agencies in writing
of—
(a) the
prescribed details of intervention orders varied by the Court; or
(b) the
revocation of intervention orders by the Court.