South Australian Numbered Acts

INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 (NO 85 OF 2009) - SECT 12

12—Terms of intervention order—general

        (1)         An intervention order may do any 1 or more of the following:

            (a)         prohibit the defendant from being on premises at which a protected person resides or works;

            (b)         prohibit the defendant from being on specified premises frequented by a protected person;

            (c)         prohibit the defendant from being in a specified locality;

            (d)         prohibit the defendant from approaching within a specified distance of a protected person;

            (e)         prohibit the defendant from contacting, harassing, threatening or intimidating a protected person or any other person at a place where the protected person resides or works;

            (f)         prohibit the defendant from damaging specified property;

            (g)         prohibit the defendant from taking possession of specified personal property reasonably needed by a protected person;

            (h)         prohibit the defendant from causing or allowing another person to engage in the conduct referred to in any of paragraphs (e) to (g);

                  (i)         require the defendant to surrender specified weapons or articles that have been used, or that there is some reason to believe might be used, by the defendant to commit an act of abuse against a protected person;

            (j)         require the defendant to return specified personal property to a protected person;

            (k)         require the defendant to allow a protected person to recover or have access to or make use of specified personal property and to allow the person to be accompanied by a police officer or other specified person while doing so;

            (l)         impose any other requirement on the defendant to take, or to refrain from taking, specified action.

        (2)         An intervention order may specify—

            (a)         conditions under which a prohibition imposed by the order does not apply; and

            (b)         conditions that must be complied with in relation to a requirement imposed by the order.

        (3)         If an intervention order is designed to prevent a form of abuse involving the use or threatened use of particular weapons or articles, the terms of the order should, as far as is practicable, include surrender of the weapons or articles or other measures designed to minimise the risk of the defendant using or threatening to use the weapons or articles to commit an act of abuse against the protected person.

        (4)         If an interim intervention order requires the surrender of specified weapons or articles, the order must provide for their safe keeping until the determination of proceedings under section 23, but otherwise an intervention order may specify how surrendered weapons or articles are to be dealt with or disposed of.

        (5)         An intervention order may be issued against the defendant in relation to premises or property despite the fact that the defendant has a legal or equitable interest in the premises or property.

        (6)         If an intervention order prohibits the defendant from being on premises at which a protected person resides—

            (a)         the protected person may, despite any other Act or law, change any external door or window lock of the premises (and, if the premises are rented and a lock is so changed, the protected person must give a key to the lock to the landlord, except if the defendant is the landlord); and

            (b)         if the defendant is a party to a tenancy agreement for the premises—the defendant may not, despite any other Act or law, take any action to terminate the tenancy agreement before the determination of the proceedings under section 23.