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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Intervention Orders (Prevention of Abuse) (Recognition of
National Domestic Violence Orders) Amendment Bill 2016
A BILL FOR
An Act to amend the
Intervention
Orders (Prevention of Abuse) Act 2009
.
Contents
Part 2—Amendment of Intervention
Orders (Prevention of Abuse) Act 2009
4Amendment of section
3—Interpretation
15ADeclaration that
intervention order addresses domestic violence concern
6Amendment of section 21—Preliminary
hearing and issue of interim intervention order
7Amendment of section 23—Determination of
application for intervention order
8Amendment of section 24—Problem gambling
order
9Amendment of section 26—Intervention
orders
Part 3A—National
recognition of domestic violence orders
Division 2—National
recognition of DVOs
Subdivision 1—General
principles
29FRevocation of recognised
DVO
29GRecognised DVO prevails over
earlier comparable DVOs
Subdivision 2—Enforcement of
recognised DVOs
29IRecognised DVOs
and variations are enforceable against defendant
29KContravention of
enforceable recognised DVO
Subdivision 3—Enforcement of
non-local DVOs
29LNon-local DVO to
be treated as local DVO
29MLicences,
permits and other authorisations
29NRecognition of
disqualification to hold firearms licence
Division 3—Variation and revocation
of recognised non-local DVOs
29PPower of Court
to vary or revoke recognised non-local DVOs
29QApplication for
variation or revocation of recognised non-local DVO
26RDecision about
hearing of application
Division 4—Exchange of
information
29SIssuing
authorities may obtain DVO information
29TIssuing
authorities must provide DVO information
29ULaw enforcement
agencies may obtain DVO information
29VInformation to
be provided to law enforcement agencies
29WCertificate
evidence—notification
Division 6—Transitional
provisions
29YEnforcement of
DVOs under other provisions
Subdivision 2—DVOs to which scheme
applies
29ZDVOs made in
this jurisdiction
29ZADVOs made in
other jurisdictions
Subdivision 3—Extension of scheme
to older DVOs
29ZBDVOs declared to be recognised
DVOs
29ZCDVOs declared
to be recognised in other jurisdictions before commencement date
Subdivision 4—Power to
declare DVO to be recognised
29ZDPower to
declare DVO to be recognised
29ZFDeclarations
relating to general violence orders
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Intervention Orders (Prevention of Abuse)
(Recognition of National Domestic Violence Orders) Amendment
Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Intervention Orders (Prevention of Abuse)
Act 2009
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of domestic
partner insert:
domestic violence concern—see sections 15A and
29C;
(2) Section 3(1), definition of foreign intervention
order—delete "another State, a Territory of the Commonwealth
or"
After section 15 insert:
15A—Declaration that intervention order addresses
domestic violence concern
(1) Whenever an issuing authority issues an intervention order, the
issuing authority must decide whether the order addresses a domestic violence
concern.
(2) If the order does address a domestic violence concern, the issuing
authority must declare the order to be an order that addresses a domestic
violence concern.
(3) The declaration must be included in the order.
(4) An intervention order will be taken to address a domestic violence
concern for the purposes of Part 3A if the order is made because the defendant
has committed, or because it is feared the defendant will commit, an act of
domestic abuse.
6—Amendment
of section 21—Preliminary hearing and issue of interim intervention
order
(1) Section 21(8)—delete "personally or in some other manner
authorised by the Court" and substitute:
in accordance with this section
(2) Section 21—after subsection (8) insert:
(8a) For the purposes of subsection (8), an interim 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.
7—Amendment
of section 23—Determination of application for intervention
order
(1) Section 23(5)—delete "personally or in some other manner
authorised by the Court" and substitute:
in accordance with this section
(2) Section 23—after subsection (5) insert:
(5a) For the purposes of subsection (5), a final 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—Amendment
of section 24—Problem gambling order
(1) Section 24(2)—delete "personally or in some other manner
authorised by the Court" and substitute:
in accordance with this section
(2) Section 24—after subsection (2) insert:
(2a) For the purposes of subsection (2), a problem gambling 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.
9—Amendment
of section 26—Intervention orders
(1) Section 26(7)—delete "personally or in some other manner
authorised by the Court" and substitute:
in accordance with this section
(2) Section 26—after subsection (7) insert:
(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.
After Part 3 insert:
Part 3A—National recognition of domestic violence
orders
Division 1—Preliminary
29A—Interpretation
In this Part, unless the contrary intention appears—
corresponding law means a law, or part of a law, of a State
or a Territory of the Commonwealth declared by the regulations to be a
corresponding law for the purposes of this Part;
domestic violence order or DVO means a local
DVO, an interstate DVO or a foreign intervention order;
general violence order means—
(a) an intervention order under this Act; or
(b) a violence restraining order under the corresponding law of Western
Australia, other than an order under that corresponding law declared by the
regulations not to be a general violence order for the purposes of this
paragraph;
interim DVO means a DVO that is of an interim or a
provisional nature and includes—
(a) an interim intervention order under this Act; and
(b) a DVO made by a police officer under a corresponding law;
and
(c) an emergency order made under the corresponding law of the Australian
Capital Territory; and
(d) a temporary protection order made under the corresponding law of
Queensland; and
(e) a DVO declared by the regulations to be an interim DVO;
interstate DVO means an order, or order of a type, made under
a corresponding law that is declared by the regulations to be an interstate DVO
for the purposes of this Part;
interstate law enforcement agency means—
(a) a police force
of a participating jurisdiction; or
(b) an agency of a participating jurisdiction responsible for enforcing
DVOs in that jurisdiction;
issuing authority includes a court or person with power to
make, vary or revoke a DVO under the law of a participating
jurisdiction;
issuing jurisdiction, in respect of a DVO, means the
jurisdiction in which the DVO is made;
local law enforcement agency means South Australia
Police;
local DVO—a reference to a local DVO is a
reference to an intervention order (within the meaning of section 3(1))
that addresses a domestic violence concern;
make includes issue;
non-local DVO means an interstate DVO or a foreign
intervention order;
participating jurisdiction means this jurisdiction or a
jurisdiction in which a corresponding law is in force;
properly notified—see
section 29J
;
protected person means a person for whose protection or
benefit a DVO is made;
recognised DVO—see
section 29D
;
registered foreign order—see
section 29B
;
revoke includes cancel.
29B—Registered foreign orders
(1) A registered foreign order means a foreign order that
is—
(a) a foreign intervention order registered under Part 4;
or
(b) an order declared by the regulations to be a registered foreign order
for the purposes of this Part.
(2) A registered
foreign order is neither a local DVO nor an interstate DVO.
(3) For the purpose of this Part, a registered foreign
order—
(a) will be taken to be made in the jurisdiction in which it is registered
as a registered foreign order; and
(b) will be taken to be made when it becomes a registered foreign order in
that jurisdiction; and
(c) will be taken to have been varied or revoked if its registration as a
registered foreign order is varied or revoked.
(4) A power conferred by this Part to vary or revoke a registered foreign
order is a power to vary or revoke registration of the order as a registered
foreign order.
29C—Domestic violence concern
(1) A violence restraining order under the corresponding law of Western
Australia will be taken to address a domestic violence concern for the purposes
of this Part if the order is made because the defendant has committed, or
because it is feared the defendant will commit, an act of family and domestic
violence (within the meaning of that corresponding law).
(2) A general violence order will be taken to be an order that addresses a
domestic violence concern for the purposes of this Part if—
(a) it is declared to be an order that addresses a domestic violence
concern by the issuing authority that makes the order; or
(b) a registrar of a court of the jurisdiction in which the order was made
makes an order declaring the DVO to be a recognised DVO in that
jurisdiction.
(3) The Governor may make regulations for the purposes of this section
including so as to modify what may be taken to address a domestic violence
concern in a participating jurisdiction.
Division 2—National recognition of
DVOs
Subdivision 1—General
principles
29D—Recognition of DVOs
(1) In this jurisdiction, each of the following DVOs is a recognised
DVO:
(a) a local DVO;
(b) an interstate DVO made in another participating
jurisdiction;
(c) a foreign order that is a registered foreign order in any
participating jurisdiction.
(2) A DVO becomes a recognised DVO when it is made.
Note—
A foreign order will be taken to be made when it is registered as a
registered foreign order.
(3) Subject to this Part, a DVO is a recognised DVO for the period for
which it remains in force in the jurisdiction in which it is made.
29E—Variations to DVOs
(1) A variation to a recognised DVO that is done in this or another
jurisdiction is a recognised variation in this jurisdiction in the
circumstances provided for by this section.
(2) A variation to a local DVO is a recognised variation in this
jurisdiction if the variation is done—
(a) in this jurisdiction by a court or any other person authorised to do
so under this Act; or
(b) in another participating jurisdiction by a court under a corresponding
law.
(3) A variation to an interstate DVO or foreign order is a recognised
variation in this jurisdiction if the variation is done—
(a) in the issuing jurisdiction by a court or any other person authorised
to do so under the law of the issuing jurisdiction; or
(b) in any participating jurisdiction by a court under this Part or a
corresponding law.
Note—
The issuing jurisdiction for a foreign order is the jurisdiction in which
the order is registered.
(4) A variation is recognised from the time that it is done.
29F—Revocation of recognised
DVO
(1) A DVO ceases to be a recognised DVO if the DVO is revoked in this or
another jurisdiction and that revocation is recognised in this
jurisdiction.
(2) A revocation of a local DVO is recognised in this jurisdiction if the
revocation is done—
(a) in this jurisdiction by the Court under this Act; or
(b) in another participating jurisdiction by a court under a corresponding
law.
(3) A revocation of an interstate DVO or foreign order is recognised in
this jurisdiction if the revocation is done—
(a) in the issuing jurisdiction by a court or any other person authorised
to do so under the law of the issuing jurisdiction; or
(b) in any participating jurisdiction by a court under this Part or a
corresponding law.
(4) The DVO ceases to be a recognised DVO from the time it is
revoked.
29G—Recognised DVO prevails over earlier comparable
DVOs
(1) A recognised DVO that is enforceable against a defendant in this
jurisdiction (a new DVO) supersedes—
(a) any comparable recognised DVO made earlier than the new DVO;
and
(b) any comparable local DVO made earlier than the new DVO (whether or not
the local DVO is a recognised DVO).
(2) The earlier comparable DVO is superseded from the time the recognised
DVO becomes enforceable against the defendant.
(3) A recognised DVO that is superseded ceases to be a recognised
DVO.
(4) A local DVO that is superseded is revoked.
(5) A DVO is not superseded to the extent that it relates to a protected
person who is not a protected person under the new DVO.
(6) Accordingly, a DVO continues to be a recognised DVO, and to have
effect, to the extent that it relates to a person who is not a protected person
under the new DVO.
(7) A DVO made by a police officer does not supersede a comparable DVO
made by a court (of any jurisdiction).
(8) A DVO is comparable with another DVO if—
(a) the DVOs are made against the same defendant; and
(b) the DVOs are made for the protection of 1 or more of the same
protected persons.
29H—Making of new orders
(1) Nothing in this Part prevents a person from applying for, or an
issuing authority from making, a local DVO even though there is a recognised DVO
in force that applies to the same defendant.
(2) However, a police officer is not to make a local DVO if the police
officer is aware that there is already a recognised DVO that is enforceable
against the defendant which—
(a) applies to the same defendant and protected person; and
(b) was made by a court of any jurisdiction.
Subdivision 2—Enforcement of recognised
DVOs
29I—Recognised DVOs and variations are enforceable
against defendant
(1) A recognised DVO, or a recognised variation to a recognised DVO, is
enforceable against the defendant in this jurisdiction.
(2) A recognised DVO that is a local DVO becomes enforceable against the
defendant in this jurisdiction when the defendant is properly notified of the
making of the DVO under the law of this jurisdiction.
(3) A recognised DVO that is a non-local DVO (other than a foreign order)
becomes enforceable against a defendant in this jurisdiction when the defendant
is properly notified of the making of the DVO under the law of the jurisdiction
in which the DVO was made.
(4) A recognised DVO that is a foreign order becomes enforceable against a
defendant in this jurisdiction from the time it becomes a recognised
DVO.
(5) A recognised variation to a recognised DVO becomes enforceable against
the defendant in this jurisdiction when the defendant is properly notified of
the variation under the law of the jurisdiction in which the variation is
done.
29J—Properly
notified—meaning
(1) The making of a local DVO is properly notified under
this Act if—
(a) a copy of the DVO is served on the defendant personally or in some
other manner authorised by the Court; or
(b) the DVO is made by the Court and the defendant is present in the Court
when the DVO is made.
(2) The making of an interstate DVO is properly notified
under the law of the jurisdiction in which it is made in the circumstances
provided for by the corresponding law of that jurisdiction.
(3) A variation to a recognised DVO that is done in this jurisdiction is
properly notified under this Act if—
(a) a copy of the variation is served on the defendant personally or in
some other manner authorised by the Court; or
(b) the variation is done by the Court and the defendant is present in the
Court when the DVO is varied.
(4) A variation to a recognised DVO that is done in another jurisdiction
is properly notified under the law of that jurisdiction in the
circumstances provided for by the corresponding law of that
jurisdiction.
29K—Contravention of enforceable recognised
DVO
(1) A non-local DVO that is a recognised DVO and which is enforceable
against a defendant in this jurisdiction may be enforced in this
jurisdiction—
(a) as if it were a local DVO; and
(b) as if the defendant had been properly notified of the making of the
DVO under this Act.
(2) A recognised variation to a non-local DVO that is a recognised DVO and
which is enforceable in this jurisdiction may be enforced in this jurisdiction
as if it were a variation to a local DVO.
(3) A recognised variation to a recognised DVO made in another
jurisdiction that is enforceable against the defendant in this jurisdiction may
be enforced as if the defendant had been properly notified of the variation
under this Act.
(4) This section does not affect any law of this jurisdiction that
requires a territorial nexus to exist between this jurisdiction and an offence
for a person to be guilty of an offence under the law of this
jurisdiction.
Subdivision 3—Enforcement of non-local
DVOs
29L—Non-local DVO to be treated as local
DVO
(1) A recognised DVO that is a non-local DVO has the same effect in this
jurisdiction as a local DVO.
(2) A prohibition, restriction or condition imposed by a non-local DVO has
the same meaning as it would have in the jurisdiction in which the DVO was made,
but may be enforced in this jurisdiction as if it were a prohibition,
restriction or condition of a local DVO.
29M—Licences, permits and other
authorisations
(1) A law of this jurisdiction (a relevant law) that
restricts the grant of an authorisation, or that authorises or requires an
authorisation to be suspended or revoked, if a person is or has been subject to
a local DVO extends to a person who is or has been subject to any non-local DVO
that is a recognised DVO (as if the non-local DVO were a local DVO).
(2) For the purposes of a relevant law—
(a) a non-local DVO that is a final DVO is to be treated in the same way
as a local DVO that is a final DVO; and
(b) a non-local DVO that is an interim DVO is to be treated in the same
way as a local DVO that is an interim DVO.
(3) In this section—
authorisation includes a licence or permit;
grant includes issue.
29N—Recognition of disqualification to hold
firearms licence
(1) If a non-local DVO that is a recognised DVO disqualifies a person from
holding a non-local firearms licence, or type of non-local firearms licence, the
person is also disqualified from holding a local firearms licence of the same
type.
(2) The Registrar of Firearms must revoke any local firearms licence held
by a person, or refuse to issue a local firearms licence to a person, if the
person is so disqualified from holding the firearms licence by a recognised
DVO.
(3) A recognised DVO disqualifies a person from holding a non-local
firearms licence, or type of non-local firearms licence, if the DVO
expressly—
(a) disqualifies the person from holding a non-local firearms licence, or
type of non-local firearms licence; or
(b) revokes or requires the person to surrender a non-local firearms
licence, or type of non-local firearms licence, held by the person.
(4) In this section—
local firearms licence means a licence, permit or other
authorisation under the
Firearms
Act 1977
or the
Firearms
Act 2015
;
non-local firearms licence means a licence, permit or other
authorisation to possess a firearm issued under the law of another jurisdiction
or country.
29O—Orders for costs
(1) A non-local DVO, to the extent that it requires the payment of money,
cannot be enforced in this jurisdiction.
(2) The recognition of a DVO made in another jurisdiction does not confer
power on a court or tribunal of this jurisdiction to award costs in respect of
any proceedings relating to the DVO that occurred in another
jurisdiction.
(3) This section does not prevent the Court awarding costs in respect of
any proceedings in this jurisdiction relating to the variation or revocation of
a recognised DVO.
Division 3—Variation and revocation of
recognised non-local DVOs
29P—Power of Court to vary or revoke recognised
non-local DVOs
(1) The Court may vary or revoke a recognised DVO that is a non-local DVO
in accordance with this Division as if the DVO were a local DVO.
(2) The Court cannot vary or revoke a non-local DVO if it is a kind of DVO
that cannot be varied or revoked by a court in the jurisdiction in which the DVO
was made.
(3) A variation to or revocation of a recognised DVO that is done under
this Division is not limited in its operation to this jurisdiction.
(4) This Division does not apply to the variation or revocation of a
foreign order that is registered as a registered foreign order in this
jurisdiction.
(5) To avoid doubt, if the Court varies a recognised DVO that was made in
another jurisdiction, the other jurisdiction continues to be treated, for the
purposes of this Part, as the jurisdiction in which the DVO was made.
29Q—Application for variation or revocation of
recognised non-local DVO
(1) An application for the variation or revocation of a recognised DVO
that is a non-local DVO may be made to the Court as if it were an application
for variation or revocation of a local DVO by a person who would be able to make
the application if the DVO were a local DVO.
(2) An application—
(a) is to be made in accordance with any requirements that would apply if
the DVO were a local DVO; and
(b) may be dealt with (subject to this Division) as if the DVO were a
local DVO.
26R—Decision about hearing of
application
(1) On an application for variation or revocation of a non-local DVO, the
Court may decide to hear the application or decline to hear the
application.
(2) In making that decision, the Court may consider the following matters
(to the extent relevant):
(a) the jurisdiction in which the defendant and the protected person or
persons under the DVO generally reside or are employed;
(b) any difficulty the respondent to the proceedings may have in attending
the proceedings;
(c) whether there is sufficient information available to the Court in
relation to the DVO and the basis on which it was made;
(d) whether any proceedings are being taken in respect of an alleged
contravention of the DVO and the jurisdiction in which those proceedings are
being taken;
(e) the practicality of the applicant (if not the defendant under the DVO)
applying for and obtaining a local DVO against the defendant with similar
prohibitions or restrictions;
(f) the impact of the application on children;
(g) any other matter the Court considers relevant.
(3) Without limiting the Court’s power to decline to hear an
application, the Court may decline to hear the application if the Court is
satisfied that there has been no material change in the circumstances on which
the making of the order was based and that the application is in the nature of
an appeal against the order.
(4) For the purpose of exercising its functions under this Division, the
Court may have regard to any information that the Court considers relevant about
the making or variation of a DVO that is provided by an issuing authority of any
other jurisdiction.
Note—
enables the court to obtain information about DVOs from other
jurisdictions.
(5) The Court must refuse to hear an application for variation or
revocation made by the defendant during any period in which, under the law of
the issuing jurisdiction for the DVO, the defendant is not entitled to apply for
the variation or revocation of the DVO in the issuing jurisdiction.
(6) In this section, the respondent to an application for
variation or revocation of a DVO means—
(a) in the case of an application made by the defendant under the
recognised DVO—the protected person or persons under the recognised DVO;
and
(b) in any other case—the defendant under the recognised
DVO.
Division 4—Exchange of
information
29S—Issuing authorities may obtain DVO
information
An issuing authority of this jurisdiction may obtain information about a
DVO from an issuing authority of another jurisdiction, or from a local or
interstate law enforcement agency, and use that information for the purpose of
exercising its functions under this Part.
29T—Issuing authorities must provide DVO
information
(1) An issuing authority of this jurisdiction that makes, varies or
revokes a DVO must provide to a court of another participating jurisdiction any
information about the DVO that the court reasonably requests for the purpose of
exercising its functions under a corresponding law.
(2) An issuing authority of this jurisdiction that makes, varies or
revokes a DVO must provide to a local or interstate law enforcement agency any
information about the DVO that the law enforcement agency reasonably requests
for the purpose of exercising its law enforcement functions.
29U—Law enforcement agencies may obtain DVO
information
A local law enforcement agency may obtain information about a DVO from an
issuing authority of this or another jurisdiction, or from an interstate law
enforcement agency, and use that information for the purpose of exercising its
law enforcement functions.
29V—Information to be provided to law enforcement
agencies
A local law enforcement agency must provide to an interstate law
enforcement agency any information it holds about a DVO that the interstate law
enforcement agency reasonably requests for the purpose of exercising its law
enforcement functions.
Division 5—Miscellaneous
29W—Certificate
evidence—notification
(1) An authorised officer of this jurisdiction may issue a certificate in
writing certifying any of the following matters:
(a) that the making of a local DVO has been properly notified under this
Act;
(b) that a variation to a DVO that was done in this jurisdiction has been
properly notified under this Act.
(2) The certificate is admissible in evidence in any proceedings and is
evidence of the matters certified.
(3) A certificate in writing purporting to be signed by an authorised
officer of another jurisdiction and certifying any of the following matters is
admissible in evidence in any proceedings and is evidence of the matters
certified:
(a) that the making of a DVO in that jurisdiction has been properly
notified under the law of that jurisdiction;
(b) that a variation to a DVO that was done in that jurisdiction has been
properly notified under the law of that jurisdiction.
(4) In any document, the words “authorised officer” after a
signature are evidence that the person whose signature it purports to be is in
fact an authorised officer.
(5) In this section—
authorised officer of another jurisdiction means a person
(whether or not designated as an authorised officer) who is authorised under the
law of another jurisdiction to issue a certificate certifying that the making or
variation of a DVO has been properly notified under the law of that
jurisdiction;
authorised officer of this jurisdiction
means—
(a) a registrar of the Court; or
(b) a police officer of or above the rank of sergeant.
Division 6—Transitional
provisions
Subdivision 1—Preliminary
29X—Interpretation
In this Division—
commencement date means the date on which this Part
commences.
29Y—Enforcement of DVOs under other
provisions
(1) Subject to
subsection (3)
, this Part does not affect the enforceability in this jurisdiction,
otherwise than under this Part, of any local DVO made before the commencement
date.
(2) Subject to
subsection (3)
, this Part does not affect the enforceability in this jurisdiction,
otherwise than under this Part, of any interstate DVO or foreign order
registered in this jurisdiction, before the commencement date, under Part
4.
(3) However, a DVO made
in this jurisdiction before the commencement date can be superseded under
section 29G
, on or after the commencement date, by a recognised DVO that is made
later.
Subdivision 2—DVOs to which scheme
applies
29Z—DVOs made in this
jurisdiction
applies to any local DVO or foreign DVO that is made in this jurisdiction
on or after the commencement date.
29ZA—DVOs made in other
jurisdictions
(1)
Division 2
applies to any DVOs made in another participating jurisdiction that are
recognised DVOs in that jurisdiction under the corresponding law for that
jurisdiction.
(2) To avoid doubt,
section 29D
extends to the following DVOs:
(a) any interstate DVO that was made in another participating jurisdiction
before the commencement date that is a recognised DVO in that
jurisdiction;
(b) any foreign order that became a registered foreign order in another
participating jurisdiction before the commencement date that is a recognised DVO
in that jurisdiction.
(3)
Sections
29E
and
29F
extend to any variation or revocation of a DVO referred to in
subsection (2)
, that was done in a participating jurisdiction before the commencement
date, as if the DVO were a recognised DVO.
(4) However, a non-local DVO, and any variation to a non-local DVO, does
not become enforceable against the defendant in this jurisdiction, under this
Part, until the commencement date (even if the making of the DVO, or variation,
was properly notified before that date).
Subdivision 3—Extension of scheme to older
DVOs
29ZB—DVOs declared to be recognised
DVOs
(1) Each of the
following DVOs is also taken to be a recognised DVO:
(a) a DVO that is declared by the Court to be a recognised DVO in this
jurisdiction under
Subdivision 4
;
(b) a DVO that is declared by a registrar of a court of another
participating jurisdiction to be a recognised DVO in that jurisdiction under a
corresponding law.
(2) A recognised DVO referred to in
subsection (1)
becomes enforceable against the defendant in this jurisdiction, under this
Part, when the declaration is made (despite
section 29H
).
29ZC—DVOs declared to be recognised in other
jurisdictions before commencement date
(1) To avoid doubt,
section 29ZB
extends to a DVO declared by a registrar of a court of another
participating jurisdiction to be a recognised DVO before the commencement
date.
(2)
Sections
29E
and
29F
extend to any variation or revocation of a DVO referred to in
subsection (1)
, that was done in a participating jurisdiction before the commencement
date, as if the DVO were a recognised DVO.
(3) However, the DVO, and any variation to the DVO, does not become
enforceable against the defendant in this jurisdiction, under this Part, until
the commencement date.
Subdivision 4—Power to declare DVO to be
recognised
29ZD—Power to declare DVO to be
recognised
(1) The Court may, by order, declare any DVO made in any jurisdiction to
be a recognised DVO in this jurisdiction.
(2) A declaration may be made in relation to any DVO made in any
jurisdiction that is in force in the issuing jurisdiction and is not a
recognised DVO in this jurisdiction.
(3) The jurisdiction in which the DVO was made does not have to be a
participating jurisdiction.
(4) The Court must make
a declaration under this section if an application for the declaration is made
in accordance with this Subdivision, unless the Court decides to refuse to make
the declaration in the interests of justice.
(5) Without limiting
subsection (4)
, the Court may refuse to make the declaration if not satisfied that the
defendant has been properly notified of the making of the DVO under the law of
the jurisdiction in which the DVO was made.
Note—
Under
section 29ZB
, the DVO becomes enforceable against the defendant when the declaration is
made. Notice of the declaration is not to be served on the defendant unless the
person making the application consents to service.
(6) However, the Court cannot declare a general violence order to be a
recognised DVO in this jurisdiction unless the order was made in this
jurisdiction.
(7) Notice of a declaration is not to be served on the defendant unless
the person who makes the application consents to service.
Note—
Under
section 29B
, a foreign order is taken to be made in any jurisdiction in which it is
registered as a registered foreign order. Accordingly, this section extends to
registered foreign orders.
29ZE—Application for order
(1) An application for a declaration that a DVO is a recognised DVO in
this jurisdiction may be made by any person who would be able to make an
application for variation of the DVO if the DVO were a recognised DVO.
(2) The application must be made in accordance with the rules of the
Court.
Note—
It is only necessary to make an application in 1 participating
jurisdiction. Under
section 29ZB
, once a declaration is made in any participating jurisdiction, the DVO
will be treated as a recognised DVO in all participating
jurisdictions.
29ZF—Declarations relating to general violence
orders
(1) An application for a declaration that a general violence order is a
recognised DVO may be made as if the order were a DVO.
(2) Before making the declaration, the Court must decide whether the order
addresses a domestic violence concern (and, accordingly, is a DVO).
(3) The Court is not to make the declaration unless the Court decides that
the order addresses a domestic violence concern.