South Australian Current Acts South Australian Current Acts26A—Interim variation where application made by police
(1) If—
(a) an
application for variation of a final intervention order is made by a police
officer under section 26; and
(b) the
applicant requests that the Court make an interim variation of the
intervention order, pending final determination of the application,
the Court must hold a preliminary hearing as soon as practicable and without
summoning the defendant to appear.
(2) If the application
is made by telephone or other electronic means in accordance with rules of
Court—
(a) the
preliminary hearing may occur by oral questioning of the applicant and any
other available witness or by other means contemplated by the rules; and
(b) if
the Court is not satisfied that it is an appropriate case for completing the
preliminary hearing without requiring the personal attendance of the
applicant, the Court may adjourn the hearing to a time and place fixed by the
Court and inform the applicant of the time and place so fixed.
(3) At the preliminary
hearing, the Court may—
(a)
issue an interim variation of the intervention order if it appears to the
Court that there are grounds for issuing the variation; or
(b)
determine that the application should be dealt with under section 26
without the issuing of any interim variation order; or
(c)
dismiss the application (on any ground considered sufficient by the Court).
(4) The Court may
issue an interim variation of the intervention order on the basis of evidence
received in the form of an affidavit but, in that case—
(a) the
deponent must, if the defendant so requires, appear personally to give oral
evidence of the matters referred to in the affidavit at any hearing held for
the purpose of finally determining the application for variation of the
intervention order; and
(b) if
the deponent does not appear personally to give evidence as so
required—the Court may not rely on the evidence contained in the
affidavit for the purpose of finally determining the application.
(5) An interim
variation of an intervention order issued by the Court must require the
defendant to appear before the Court at a specified time and place (within
8 days after the date of the order or, if the Court will not be sitting
at the place within that period, within 2 days after the Court next
commences sitting at the place).
(6) An interim
variation of an intervention order issued by the Court comes into force
against the defendant when served on the defendant in accordance with this
section.
(7) For the purposes
of subsection (6), an interim variation of an intervention order 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) On an interim
variation of an intervention order issued by the Court being served on the
defendant, the defendant will be taken to have been issued a summons to appear
before the Court as specified in the order for the purposes of proceedings to
finally determine the application for variation of the final
intervention order under section 26.
(9) The
Principal Registrar must—
(a) give
a copy of an interim variation of an intervention order issued by the Court to
each person protected by the order; and
(b)
either—
(i)
notify the Commissioner of Police in writing of the
prescribed details of the order; or
(ii)
give a copy of the order to the Commissioner of Police.
(10) The
Principal Registrar must notify the relevant public sector agencies in writing
of the prescribed details of an interim variation of an intervention order
issued by the Court.
(11) If a hearing is
adjourned under this section, the Court need not be constituted at the
adjourned hearing of the same judicial officer as ordered the adjournment.