South Australian Numbered Acts South Australian Numbered ActsAfter section 26 insert:
26A—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.